purpose of a disciplinary hearing (Iowa) · Go Syfert
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purpose of a disciplinary hearing in Iowa

6 Iowa opinions name it 1 courts 1991–2018 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Iowa Supreme Court Attorney Disciplinary Board v. Tarek A. Khowassahgreen
iowa · 2013 · cited in 4 Iowa opinions naming this issue, 2016–2018
2 sentences

2018"This is due in part to the fact that we only require allegations of theft in the context of attorney disciplinary cases to be proved by a convincing preponderance of the evidence." Id. "[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public." Iowa Supreme Ct. Att'y Disciplinary Bd. v. Green , 888 N.W.2d 398 , 404 (Iowa 2016) (alteration in original) (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. v. Khowassah , 837 N.W.2d 649 , 655 (Iowa 2013) ).

2017Green, 888 N.W.2d at 404 . “[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public.” Id. (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Khowassah, 837 N.W.2d 649, 655 (Iowa 2013)).

24
Committee on Professional Ethics & Conduct of the State Bar Ass'n v. Williamsgreen
iowa · 1991 · cited in 2 Iowa opinions naming this issue, 2013–2016
2 sentences

2016Id. “[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public.” Id. at 655 (quoting Comm. on Prof'l Ethics & Conduct v. Williams, 473 N.W.2d 203, 206 (Iowa 1991)).

2013We also note that “a criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public.” Comm. on Prof'l Ethics & Conduct v. Williams, 473 N.W.2d 203, 206-07 (Iowa 1991) (finding an entrapment defense did not protect an attorney from disciplinary charges based on his criminal conduct).

22
Committee on Professional Ethics & Conduct of the Iowa State Bar Ass'n v. Silvergreen
iowa · 1986 · cited in 1 Iowa opinions naming this issue, 1991–1991
1 sentence

1991Committee on Professional Ethics & Conduct v. Silver, 395 N.W.2d 877, 879 (Iowa 1986).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Iowa Supreme Court Attorney Disciplinary Board v. Brian Michael Green green
iowa · 2016
2 sentences

2018"This is due in part to the fact that we only require allegations of theft in the context of attorney disciplinary cases to be proved by a convincing preponderance of the evidence." Id. "[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public." Iowa Supreme Ct. Att'y Disciplinary Bd. v. Green , 888 N.W.2d 398 , 404 (Iowa 2016) (alteration in original) (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. v. Khowassah , 837 N.W.2d 649 , 655 (Iowa 2013) ).

2017Green, 888 N.W.2d at 404 . “[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public.” Id. (quoting Iowa Supreme Ct. Att’y Disciplinary Bd. v. Khowassah, 837 N.W.2d 649, 655 (Iowa 2013)).

32017–2018
Iowa Supreme Court Attorney Disciplinary Board v. Luke D. Guthrie green
iowa · 2017
1 sentence

2018"This is due in part to the fact that we only require allegations of theft in the context of attorney disciplinary cases to be proved by a convincing preponderance of the evidence." Id. "[A] criminal law defense is not a defense in a disciplinary proceeding since the purpose of a disciplinary hearing is not primarily intended to punish the lawyer but rather to protect the public." Iowa Supreme Ct. Att'y Disciplinary Bd. v. Green , 888 N.W.2d 398 , 404 (Iowa 2016) (alteration in original) (quoting Iowa Supreme Ct. Att'y Disciplinary Bd. v. Khowassah , 837 N.W.2d 649 , 655 (Iowa 2013) ).

12018–2018
Iowa Supreme Court Attorney Disciplinary Board v. Sean Joseph Barry green
iowa · 2018
1 sentence

2018To find a violation of rule 32:8.4(c), we also must find "a level of scienter that is more than negligent behavior or incompetence." Iowa Supreme Ct. Att'y Disciplinary Bd. v. Barry , 908 N.W.2d 217 , 226 (Iowa 2018).

12018–2018

Statutes the citing opinions construe

IA § Iowa Code § 714.1 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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