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In Matter of Iowa Court Rule 39.12

Supreme Court of Iowa
Apr 9, 2003
(Iowa Apr. 9, 2003)

Opinion

Filed April 9, 2003


ORDER

By action of this court en banc, Iowa Court Rule 39.12 is amended, effective immediately, as shown in attached exhibit "A."

Dated this 9th day of April, 2003.

THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice


EXHIBIT A

Rule 39.12. Investigations, audits, and annual questionnaire — enforcement

(1) Failure of bar members to cooperate.

a. The continued right of a member of the Iowa bar to practice law in this state is conditioned upon the member executing and delivering the authorization provided in rule 39.10(2), furnishing the cooperation required in rule 39.10(3) and completing and returning the annual questionnaire described in rule 39.11. Upon failure of a member of the Iowa bar to comply with any of the rules specified in this paragraph, the member's right to practice law before Iowa courts may be suspended, following the procedure specified in rule 39.8(2).

b. A member of the bar of Iowa who willfully fails to comply with those rules enumerated in rule 39.12(1)(a) may be held in contempt of the supreme court or may be subject to disciplinary action as provided in chapter 35 of the Iowa Court Rules.

(2) Violation of Iowa Code of Professional Responsibility.

a. When the audit, investigation or verification of funds, securities or other property held in trust by any member of the bar of Iowa, or a return of any member on the annual questionnaire, discloses an apparent violation of the Iowa Code of Professional Responsibility for Lawyers, the assistant administrator upon request of the commission, or the commission, may institute disciplinary proceedings under chapter 35 of the Iowa Court Rules for the suspension or revocation of the member's license to practice law in this state.

b. All information obtained by the assistant administrator and staff by virtue of the audits, investigations and verifications, and annual questionnaire, shall be held in strict confidence by them and by the supreme court and the commission unless otherwise directed by the supreme court or unless proceedings are initiated pursuant to chapter 35 of the Iowa Court Rules or Iowa Code section 602.10123. If proceedings are initiated pursuant to chapter 35 of the Iowa Court Rules, such information relating to the named respondent may be released only to the respondent, the Board of Professional Ethics and Conduct, and the grievance commission. If proceedings are initiated pursuant to Iowa Code section 602.10123, such information relating to the named accused may be released only to the accused and the attorney general or the special assistant attorney general designated pursuant to Iowa Code section 602.10127, to prosecute the charges.

(3) Commission Subpoena Authority

a. The commission shall have subpoena power during any investigation conducted on its behalf to compel the appearance of witnesses or the production of documents before the person designated to conduct the investigation on behalf of the commission.

b. The commission chair, or other commission member in the absence of the chair, shall have authority to issue a subpoena.

c. The district court for the county in which the investigation is being conducted shall have jurisdiction over any objection or motion relating to a subpoena and authority to punish disobedience of a subpoena in a contempt proceeding.

d. Counsel for the commission, the assistant administrator for the commission or any other person authorized to administer oaths shall have authority to administer an oath or affirmation to a witness.


Summaries of

In Matter of Iowa Court Rule 39.12

Supreme Court of Iowa
Apr 9, 2003
(Iowa Apr. 9, 2003)
Case details for

In Matter of Iowa Court Rule 39.12

Case Details

Full title:IN THE MATTER OF IOWA COURT RULE 39.12

Court:Supreme Court of Iowa

Date published: Apr 9, 2003

Citations

(Iowa Apr. 9, 2003)