Iowa Ct. R. 34.6

34.6(1) There is hereby created the Iowa Supreme Court Attorney Disciplinary Board

(disciplinary board). The disciplinary board consists of nine attorney members and three

laypersons appointed by the supreme court. The supreme court will designate one of the attorneys

as chair. The disciplinary board may appoint a vice chair who must perform all duties of the

chair in the chair’s absence or inability to act. The supreme court will accept nominations for

appointment to the disciplinary board from any association of attorneys that maintains an office

within the State of Iowa or any attorney licensed in Iowa. Members may serve no more than two

three-year terms, and no member who has served two full terms is eligible for reappointment.

Disciplinary board members are appointed commissioners of the supreme court to initiate or

receive and process complaints against attorneys within the jurisdiction of the disciplinary board

as described in rule 34.10. Upon completion of any investigation, the board must either dismiss

the complaint, admonish or reprimand the attorney, or file and prosecute the complaint before

the grievance commission or any grievance commission division. The disciplinary board may

additionally refer complaints involving attorneys who are not authorized to practice law in Iowa

to the commission on the unauthorized practice of law.

34.6(2) A disciplinary board member must not represent, in any stage of an investigative or

disciplinary proceeding, an attorney against whom an ethical complaint is filed. To avoid even

the appearance of impropriety, a disciplinary board member should not represent an attorney in

any malpractice, criminal, or other matter when it appears that the filing of an ethical complaint

against that attorney is reasonably likely. These prohibitions extend to attorneys associated in a

firm with a disciplinary board member.

34.6(3) The director of attorney discipline of the office of professional regulation is the

principal executive officer of the board. A reference in this chapter to the “director” refers to the

director of attorney discipline of the office of professional regulation. The director is responsible

to the disciplinary board, to the director of the office of professional regulation, and to the

supreme court for proper administration of these rules. Subject to the approval of the supreme

court, the disciplinary board may employ such other persons as it deems necessary for the proper

administration of this chapter. The director and other disciplinary board employees will receive

such compensation and expenses as the supreme court may fix upon recommendation of the

director of the office of professional regulation.

34.6(4) The executive director of the office of professional regulation must, at least 60 days

prior to the start of each fiscal year or on a date otherwise specified by the supreme court, submit

to the supreme court for its consideration and approval a budget covering the operations of the

disciplinary board for the upcoming fiscal year. This budget must include proposed expenditures

for staff, support staff, office space, equipment, supplies, and other items necessary to administer

the responsibilities of the disciplinary board as set out in this chapter. Supreme court approval

of the budget authorizes payment as provided in the budget. A separate bank account designated

as the ethics operating account of the disciplinary fund must be maintained for payment of

authorized expenditures as provided in the approved budget. Funds derived from the annual

disciplinary fee set out in Iowa Court Rule 39.5 must be deposited in the ethics operating account

to the extent the supreme court authorizes each year for payment of the disciplinary board’s

authorized expenditures.