Rule 35.7 - Failure to respond; notice; effect(1)Failure to respond-separate ethical violation. If after 20 days no response has been received, the respondent must be notified by restricted certified mail that unless a response is made within 10 days from receipt of notice, the disciplinary board may file a complaint with the Grievance Commission of the Supreme Court of Iowa (grievance commission) for failure to respond and concerning all or any portion of the matter about which the original complaint was made. If service cannot be obtained by restricted certified mail, the disciplinary board may serve the notice on the supreme court clerk, who is appointed to receive service on behalf of attorneys subject to Iowa's disciplinary authority. Iowa R of Prof'l Conduct 32:8.5 cmt. [1]. Service upon the supreme court clerk is deemed to be receipt of the notice by the respondent.(2)Enlargement of time to respond. The disciplinary board may grant an enlargement of time to respond under rule 35.6 or 35.7(1) for good cause shown.(3)Failure to respond-temporary suspension. If a response is not provided within 10 days of receipt of the notice issued pursuant to rule 35.7(1) or within the time allowed under rule 35.7(2), the disciplinary board must certify the respondent's failure to respond to the supreme court clerk. a. Upon receipt of the disciplinary board's certificate, the supreme court clerk must issue a notice to the attorney that the attorney's license to practice law will be temporarily suspended unless the attorney causes the board to file a withdrawal of the certificate within 20 days of the date of issuance of the clerk's notice.b. If the attorney responds to the complaint within the 20-day period, the disciplinary board must immediately withdraw the certificate and no suspension will occur.c. If the disciplinary board has not withdrawn the certificate and the 20-day notice period expires, the court will enter an order temporarily suspending the attorney's license to practice law in the State of Iowa.d. If the attorney responds to the complaint after a temporary suspension order is entered, the disciplinary board must, within five days of receiving the response, either withdraw the certificate or file with the supreme court a report indicating that the attorney has responded but stating cause why the attorney's license should not be reinstated and the suspension should be continued under the provisions of Iowa Court Rule 34.14, 34.15, or 34.17.e. If the disciplinary board seeks to continue the suspension under the provisions of Iowa Court Rule 34.14, 34.15, or 34.17, the supreme court will either reinstate the attorney or enter an appropriate order under the applicable rule.f. If the disciplinary board files a withdrawal of the certificate after temporary suspension of the attorney's license, and the office of professional regulation certifies that the attorney has paid the reinstatement fee, the supreme court may immediately reinstate the attorney's license to practice law if the attorney is otherwise eligible under the rules of the court.g. During the initial 30 days of a temporary suspension under this rule, the attorney must give the notice Iowa Court Rule 34.24 requires to those clients whose interests may be adversely affected by the attorney's suspension.h. When the suspension period under this rule exceeds 30 days, the attorney must comply with the requirements of Iowa Court Rule 34.24 as to all clients.i. An attorney whose license is suspended under the provisions of rule 35.7(3)(c) must pay a fee of $200 to the office of professional regulation as a condition precedent to reinstatement. Iowa. Sup. Ct. Att. Discip. Brd. R. P. 35.7
Court Order January 26, 2016, effective 4/1/2016; 12/13/2017, effective 1/1/2018; court order July 11, 2023, effective 7/11/2023; court order December 12, 2023, effective 1/1/2024.