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Iowa Supreme Court Board of Professional Ethics and Conduct v. Daggett11/14/2002
Grievance Commission reports respondent has committed ethical violations and recommends suspension of respondent's license to practice law. LICENSE SUSPENDED.
Douglas D. Daggett, an Iowa attorney, is charged with neglecting his client's legal matters, making a misrepresentation to the court, and failing to respond to the complaints against him. The Iowa Supreme Court Board of Professional Ethics and Conduct filed a complaint against Daggett with our Grievance Commission alleging he violated several ethical rules. The Commission recommended we suspend Daggett's license to practice law for sixty days. Our review is required by Iowa Court Rule 35.10 (2002). We concur with the Commission's findings and recommended sanction.
I. Background and Facts
Douglas D. Daggett has practiced law in Union County since May 1997. On December 23, 1999, the Black Hawk County district court appointed Daggett to handle an appeal for Raymond Birden who had previously been found in contempt of court for violating a no-contact order. On February 3, 2000, Daggett filed a motion to extend the time for filing a petition for writ of certiorari with our court. We granted the motion, giving Daggett until March 1, 2000, to file such petition.
March 1 passed and Daggett did not file the petition for certiorari. On March 10, the Iowa Supreme Court clerk issued a notice of default. Daggett had fifteen days to remedy the situation. If Daggett failed to do so, Birden's appeal would be dismissed pursuant to Iowa Rule of Appellate Procedure 6.19(1) (2001). Because Daggett did not file the appeal, on April 19, 2000, the clerk entered an order dismissing the appeal. Birden was incarcerated.
After the clerk dismissed Birden's petition, Daggett filed an application in district court for appointment of new counsel to represent Birden. He also filed an application requesting Birden's immediate release from custody. During a hearing on the motion, Daggett told Associate District Court Judge Moothart he filed an application for reinstatement of the certiorari proceedings with our court. Daggett said the matter was pending and he was awaiting a ruling on the application. In reality, Daggett prepared an application for reinstatement but did not actually file it with our court. Daggett knew his representations to the judge were false.
In June 2000, Birden filed a pro se motion in Judge Moothart's court for reconsideration. Birden asserted Daggett never filed an application for reinstatement of the certiorari action. The judge entered an order directing Daggett to file a written response by July 10, 2000. Daggett did not file a response to his client's allegations.
In both July and August 2000, the Iowa Supreme Court Board of Professional Ethics & Conduct served notices of complaint on Daggett. The Board sent a follow-up letter to Daggett in September, but Daggett failed to respond to the complaint. The Board then filed the petition for disciplinary action.
Daggett testified during hearings on the matter. He admitted most of the factual allegations made by the Board. Daggett asserted that his professional problems stemmed from his depression related to the dissolution of his marriage. He testified he was in the process of scaling back his law practice because he did not believe he could adequately represent all of his clients.
II. Scope of Review
We review attorney disciplinary proceedings de novo. Iowa Supreme Ct. Bd. of Prof'l Ethics & Conduct v. Rauch, 650 N.W.2d 574, 576 (Iowa 2002); Iowa Ct. R. 35.10. We give respectful consideration to the Grievance Commission's findings and recommendations, but are not bound by them
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