Rule 35.14 - Deferral of further proceedings(1)Deferral. With agreement of the director for attorney discipline and the attorney, the board may defer further proceedings pending the attorney's compliance with conditions the board imposes for supervision of the attorney for a specified period of time not to exceed one year unless the board extends the time prior to the conclusion of the specified period. Proceedings may not be deferred under any of the following circumstances: a. The conduct under investigation involves misappropriation of funds or property of a client or a third party.b. The conduct under investigation involves a criminal act that reflects adversely on the attorney's honesty, trustworthiness, or fitness as an attorney in other respects.c. The conduct under investigation resulted in or is likely to result in actual prejudice (loss of money, legal rights, or valuable property rights) to a client or other person, unless restitution is made a condition of deferral.(2)Conditions. In imposing conditions, the disciplinary board must consider the nature and circumstances of the conduct under investigation and the history, character, and condition of the attorney. The conditions the disciplinary board may impose include, but are not limited to, the following:a. Periodic reports to the director for attorney discipline.b. Supervision of the attorney's practice or accounting procedures.c. Satisfactory completion of a course of study.d. Successful completion of the Multistate Professional Responsibility Examination.e. Compliance with the provisions of the Iowa Rules of Professional Conduct.g. Psychological counseling or treatment.h. Substance-related disorder counseling or treatment.i. Abstinence from alcohol or drugs.j. Cooperation with the Iowa Lawyers Assistance Program.(3)Affidavit. Prior to the disciplinary board's deferral of further proceedings, the attorney must execute an affidavit setting forth all of the following:a. The attorney's admission of the conduct under the disciplinary board's investigation.b. The conditions the disciplinary board will impose for supervision of the attorney, including the period of supervision.c. The attorney's agreement to the conditions to be imposed.d. An acknowledgement that the attorney understands that if the attorney fails to comply with the conditions the disciplinary board has imposed, a formal complaint may be filed with the grievance commission, both for the matters raised in the original complaint to the board and for the attorney's failure to comply with the conditions of supervision.e. A statement that, if the attorney fails to comply with the conditions of supervision, the attorney's admissions with respect to the attorney's conduct may be introduced as evidence in any subsequent proceedings before the disciplinary board or the grievance commission.f. An acknowledgement that the attorney joins in the disciplinary board's deferral determination freely and voluntarily and understands the nature and consequences of the board's action.(4)Supervision. The diversion coordinator, who may be the director for attorney discipline, is responsible for supervising the attorney's compliance with the conditions the disciplinary board imposes. Where appropriate, the diversion coordinator may recommend to the disciplinary board modifications of the conditions and must report to the board the attorney's failure to comply with the conditions or to cooperate with the diversion coordinator.(5)Compliance. Upon the attorney's successful compliance with the conditions the disciplinary board imposed, the board must dismiss or close the investigations pending before it at the time it determined to defer further proceedings. The attorney will not be considered to have been disciplined, but the attorney's admission of misconduct may be considered in imposing sanctions in a subsequent disciplinary matter not arising out of the same conduct. Iowa. Sup. Ct. Att. Discip. Brd. R. P. 35.14
Court Order January 26, 2016, effective 4/1/2016; 12/13/2017, effective 1/1/2018; court order September 19, 2022, effective 10/1/2022.COMMENT: Rule 35.14 formerly appeared as Iowa Court Rule 34.13.