Iowa Ct. R. 36.19

36.19(1) At the conclusion of a hearing upon any complaint against an attorney, the

grievance commission may permit a reasonable time for the parties to file post-hearing briefs

and arguments. The commissioners must dismiss the complaint, issue a private admonition,

or recommend that the supreme court reprimand the respondent or suspend or revoke the

respondent’s license. If the commissioners recommend a reprimand, suspension, or revocation,

they must file with the grievance commission clerk a report of their findings of fact, conclusions

of law, and recommendations within 60 days of the date set for filing of the last responsive

brief and argument. The report must be titled in the name of the complainant versus the

accused attorney as respondent. As part of its report, the grievance commission may recommend

additional or alternative sanctions such as restitution, costs, practice limitations, appointment of

a trustee or receiver, passage of a bar examination or the Multistate Professional Responsibility

Examination, attendance at continuing legal education courses, or other measures consistent with

the purposes of attorney discipline. The clerk of the grievance commission must promptly file

the report with the supreme court clerk and must serve the report upon the complainant and the

respondent as provided in Iowa Rule of Appellate Procedure 6.701. The matter then stands for

disposition in the supreme court.

36.19(2) All reports and recommendations of the commissioners must be concurred in by at

least 3 members of the division or at least 12 members of the grievance commission, as the case

may be, all of whom must have been present throughout the proceedings. Any commissioner has

the right to file with the grievance commission clerk a dissent from the majority determination or

report. The clerk must promptly serve a copy of a dissent on the parties.

36.19(3) If the grievance commission dismisses the complaint or issues a private admonition,

no report may be made to the supreme court except as provided in rule 34.13; however,

the grievance commission must, within 10 days of its determination, serve a copy of its

determination or report on the complainant and the attorney concerned as provided in this rule.

If the complainant does not apply for an appeal within 10 days after such service, the grievance

commission’s determination is final.

36.19(4) If the commissioners dismiss the charges, no publicity will be given to any of the

proceedings except at respondent’s request.

36.19(5) A copy of the grievance commission’s report must be filed with the Client Security

Commission.

COMMENT:

Rule 36.19 formerly appeared as Iowa Court Rule 36.15. It is amended to conform an internal reference to the new rule

numbers and to complement rule 36.20.