(1) To facilitate the collection of the annual fees and assessments provided for in rules 39.5, 39.6, 39.7(1), and 39.17, all members of the Iowa bar required to pay the fees and assessments must, on or before March 10 of each year, file a statement, on a form prescribed by the executive director, setting forth their date of admission to practice before the supreme court, their current residence and office addresses, and such other information as the executive director may from time to time direct. In addition to such statement, every bar member must file a supplemental statement of any change in the information previously submitted within 30 days of such change. All persons admitted to practice before the supreme court must file the statement required by this rule at the time of admission but no annual fees or assessments are payable until the time above provided. All attorneys failing to file the required statement by March 10 of each year must, in addition to the annual fees and assessments provided for above, pay a penalty as set forth in the following schedule if the statement is filed after March 10. The penalty fees collected will be used to pay the costs of administering the fund, or for such other purposes within the office of professional regulation as the supreme court may direct. Penalty schedule: | |
If filed: | Penalty: |
After March 10 but before April 12 | $100 |
After April 11 but before May 12 | $150 |
After May 11 but before June 12 | $200 |
After June 11 | $250 |
(2) Attorneys who fail to timely pay the fees and assessments required under rules 39.5, 39.6, 39.7(1), and 39.17, or fail to file the statement or supplement thereto provided in rule 39.8(1), may have their right to practice law suspended by the supreme court, provided that at least 15 days prior to such suspension, a notice of delinquency has been served upon them in the manner provided for the service of original notices in Iowa Rule of Civil Procedure 1.305, or has been forwarded to them by restricted certified mail, return receipt requested, addressed to them at their last-known address. Such attorneys must be given the opportunity during said 15 days to file in duplicate in the office of professional regulation an affidavit disclosing facts demonstrating the noncompliance was not willful and tendering such documents and sums and penalties which, if accepted, would cure the delinquency, or to file in duplicate in the office of the clerk of the supreme court a request for hearing to show cause why their license to practice law should not be suspended, accompanied with an affidavit stating why the attorney is not required to comply with the annual filing requirement. A hearing will be held at the discretion of the court. If, after hearing, or failure to cure the delinquency by satisfactory affidavit and compliance, an attorney is suspended, the attorney must be notified thereof by either of the two methods provided above for notice of delinquency.(3) An attorney suspended pursuant to this chapter must comply with the requirements of Iowa Court Rule 34.23(2).(4) An attorney suspended pursuant to this chapter must refrain during such suspension from all facets of the ordinary law practice including, but not limited to, the examination of abstracts; consummation of real estate transactions; preparation of legal briefs, deeds, buy and sell agreements, contracts, wills, and tax returns; and acting as a fiduciary. Such suspended attorney may, however, act as a fiduciary for the estate, conservatorship, or guardianship of any person related to the suspended attorney within the second degree of affinity or consanguinity.(5) Attorneys who have been suspended pursuant to this chapter or who currently hold a certificate of exemption or certificate issued pursuant to rule 39.7(2) and who practice law or who hold themselves out as being authorized to practice law in this state are engaged in the unauthorized practice of law and may also be held in contempt of the court or may be subject to disciplinary action as provided by chapter 35 of the Iowa Court Rules.(6) An attorney who has been administratively suspended pursuant to this chapter must follow the reinstatement procedures in rule 34.26.Court Order November 9, 2001, effective 2/15/2002; 4/20/2005, effective 7/1/2005; 12/5/2007; 4/25/2008; 6/5/2008, effective 7/1/2008; 1/19/2010; 4/25/2014; 11/20/2015, effective 1/1/2016; 8/19/2016, effective 9/1/2016; 12/13/2017, effective 1/1/2018; Order November 16, 2018, effective 12/15/2018; court order September 14, 2021, effective 10/1/2021; court order July 11, 2023, effective 7/11/2023; court order December 12, 2023, effective 1/1/2024.