Rule 34.16 - Suspension or revocation on consent(1) An attorney subject to investigation by the disciplinary board or the Iowa Supreme Court Client Security Commission (client security commission) or subject to a pending grievance proceeding involving allegations of misconduct subject to disciplinary action may acquiesce to suspension or revocation but only by filing with the grievance commission an affidavit stating that the attorney consents to suspension of not more than a specific duration or to revocation. If a grievance proceeding is already scheduled for hearing, any such affidavit must be filed at least 15 days before the scheduled hearing date unless the 15-day limit is waived by the panel president. All affidavits filed under this rule must indicate the following: a. The consent is freely and voluntarily given without any coercion or duress and with full recognition of all implications of the consent.b. The attorney is aware of a pending investigation or proceeding involving allegations that there exist grounds for discipline, the nature of which will be specifically set forth.c. The attorney acknowledges the material facts of the alleged misconduct are true.d. In the event proceedings were instituted upon the matters under investigation, or if existing proceedings were pursued, the attorney could not successfully defend against the allegations.e. The facts admitted in the affidavit would likely result in the suspension or revocation of the attorney's license to practice law.f. Any matters in mitigation or aggravation of the alleged misconduct.g. Consent to any alternative or additional sanctions as provided in Iowa Court Rule 36.19.(2) The disciplinary board or client security commission must file a response to the affidavit, indicating whether it believes the misconduct admitted in the affidavit would likely result in suspension or revocation of the attorney's license to practice law and citing any legal authorities supporting its conclusion.(3) Upon receipt of the affidavit and response, the grievance commission must file the affidavit and response with the supreme court clerk and file a copy with the client security commission. The supreme court may enter an order suspending the attorney's license to practice law for a period no greater than the stipulated duration or disbarring the attorney on consent, unless the court determines the misconduct admitted in the affidavit is insufficient to support the discipline to which the attorney has consented. The supreme court may also order any of the alternative or additional sanctions to which the respondent has consented. If the supreme court determines the affidavit does not set forth facts that support imposition of the discipline to which the attorney has consented, it may either enter an order allowing the parties to supplement the affidavit or an order declining to accept the affidavit. An order declining to accept the affidavit does not bar further disciplinary proceedings against the attorney, and does not preclude the supreme court from imposing any sanction the attorney's conduct warrants upon review of a grievance commission determination.(4) Any order suspending or disbarring an attorney on consent is a matter of public record. If the supreme court enters an order of suspension or disbarment, the affidavit and response will be public.Admi. Gen. Prov. Griev. Commi. and. Attor. Disci. Board. 34.16
Court Order January 26, 2016, effective 4/1/2016; 12/13/2017, effective 1/1/2018; October 24, 2019, effective 1/1/2020; December 16, 2019, effective 1/1/2020; court order September 14, 2021, effective 10/1/2021; court order December 12, 2023, effective 1/1/2024.COMMENT: Rule 34.16 formerly appeared as Iowa Court Rule 35.16.