Opinion
Filed April 9, 2003
ORDER
By action of this court en banc, Iowa Court Rule 35.4 is renumbered as rule 35.26 and a new rule 35.4 is adopted, effective immediately, as shown in attached exhibits "A" and "B."
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 35.26. Rules
The grievance commission and the board of professional ethics and conduct shall each adopt reasonable rules prescribing the procedure to be followed in all disciplinary proceedings before each such body, which rules shall be subject to approval by the supreme court.
EXHIBIT B
Rule 35.4. Interim suspension for threat of harm
(1) Upon receipt of evidence demonstrating probable cause that a lawyer subject to the disciplinary jurisdiction of the Supreme Court has committed a violation of the Iowa Code of Professional Responsibility that posed a substantial threat of serious harm to the public, the board shall do all of the following:
a. Transmit the evidence along with a verified petition for interim suspension pending formal disciplinary proceedings to the court. The petition shall state with particularity the disciplinary rules alleged to have been violated by the lawyer and the exact nature of the threat of serious harm to the public.
b. Promptly notify the lawyer by any reasonable means that a petition has been filed, followed by service of the petition.
(2) Upon receipt of the petition and evidence, the court shall determine whether the board has established, by a convincing preponderance of the evidence, that a disciplinary violation posing a substantial threat of serious harm to the public exists. If established, the court may enter an order immediately suspending the lawyer pending final disposition of a disciplinary proceeding predicted upon such conduct, or may order such other action as it deems appropriate. The order may provide that any further proceedings based on the lawyer's conduct shall be expedited. If a suspension order is entered, the court may direct the chief judge of the judicial district in which the lawyer practiced to appoint a trustee under rule 35.17.
(3) A lawyer suspended pursuant to this rule may file a petition to dissolve or modify the interim suspension order. The lawyer must serve the petition on the board's counsel and the chief judge of the judicial district in which the lawyer practiced. The court shall promptly schedule the matter for hearing before one or more justices. The hearing shall be set for a date no sooner that seven days after the petition is filed unless both parties and the court agree to an earlier date. At the hearing, the lawyer shall bear the burden of demonstrating that the suspension order should be dissolved or modified.