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Iowa Supreme Court Board of Professional Ethics and Conduct v. Thompson6/3/1999
aware that even family members have been killed or seriously injured because they were mistaken for burglars." Tompkins, 415 N.W.2d at 623.
In past cases involving criminal assault, we have meted out sanctions ranging from three months to fourteen months. See Committee on Prof'l Ethics & Conduct v. LaPointe, 415 N.W.2d 617, 620 (Iowa 1987) (fourteen-month suspension imposed for convictions of assault and tampering with a witness); Patterson, 369 N.W.2d at 801 (three-month suspension imposed for assault conviction); Committee on Prof'l Ethics & Conduct v. Wilson, 270 N.W.2d 613, 616 (Iowa 1978) (six-month suspension imposed for assault). We are convinced that at the very least a thirty-day suspension is warranted for the criminal convictions.
But for two previous reprimands for two similar neglect matters, the commission would have given serious thought to only a reprimand on the neglect violation involving Holmes' appeal. The commission, however, felt that the two previous reprimands did not accomplish the ultimate goal of deterrence and restoration of public confidence. For that reason, the commission recommended a thirty-day suspension. In his statement to us, Thompson urges only a reprimand for this violation.
We, as well as the commission, may consider previous public reprimands in determining an attorney's fitness to practice law in this state. See Ct. R. 118.7. The commission was therefore well within its authority to consider the two previous reprimands in recommending a thirty-day suspension for the neglect violation. Like the commission, we think a thirty-day suspension for the neglect violation is necessary to accomplish the goals of deterrence, restoration of public confidence, and protection of the public. See Committee on Prof'l Ethics & Conduct v. Rogers, 313 N.W.2d 535, 537 (Iowa 1981) (noting that courts have employed various sanctions for a lawyer's neglect of duty including disbarrment, suspension, and reprimand).
We therefore suspend Thompson's license to practice law in this state indefinitely, with no possibility of reinstatement for two months from the date of this opinion. In imposing this sanction, we have taken into consideration the depression and emotional pressures under which Thompson was laboring at the time. See Wenger, 469 N.W.2d at 681 (holding that although we do not consider emotional problems and stress as an excuse for unethical conduct, we do consider such problems when determining an appropriate sanction). We think the sanction is stringent enough to underscore the seriousness of Thompson's conduct and to reflect our continuing resolve to the public that we will maintain the ethics of our profession. Any longer period of suspension, we believe, would be more punitive than protective.
This suspension applies to all facets of the practice of law. See Ct. R. 118.12. Costs of the proceedings are assessed to Thompson pursuant to Court Rule 118.22. Upon application for reinstatement, Thompson shall have the burden to prove that he has not practiced law during the period of suspension, that he meets the requirements of Court Rule 118.13, and that he has paid the costs we have assessed.
LICENSE SUSPENDED.
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