In Matter of Iowa Court Rule 35.7

By action of this court en banc, Iowa Court Rule 35.7 is amended, effective immediately, as shown in attached exhibit "A."

Dated this 17th day of December, 2002.

THE SUPREME COURT OF IOWA By /s/ Louis A. Lavorato Louis A. Lavorato, Chief Justice

Rule 35.7. Hearing

(1) Upon the expiration of 30 days from the date of service of the complaint, the grievance commission shall immediately set the matter for hearing, and notify the parties by restricted certified mail or personal service. Such notice shall be provided at least ten days prior to the scheduled hearing date.

After the complaint is served and a division of the grievance commission is appointed to hear the matter, the clerk of the grievance commission shall arrange a telephone conference with members of the division and the parties to schedule the hearing. Notice of the hearing shall be provided at least ten days prior to the scheduled hearing. If a party does not participate in the scheduling conference, notice of the hearing shall be by restricted certified mail or personal service. The hearing shall be held not less than 60 days nor more than 90 days after the service of the complaint. The commission may grant reasonable continuances upon written application supported by affidavit. Proceedings, hearings, and papers filed before the grievance commission or any division thereof shall be confidential unless the attorney involved requests otherwise.

(2) In the event an attorney previously has been publicly reprimanded, or an attorney's license has been suspended, revoked, or the attorney has been disbarred, a certified copy of said action shall be admitted into evidence at any hearing involving disciplinary proceedings without the necessity of a bifurcated hearing. The grievance commission and the supreme court shall consider this evidence along with all other evidence in the case in determining the attorney's fitness to practice law in the state of Iowa.

(3) Principles of issue preclusion may be used by either party in a lawyer disciplinary case if all of the following conditions exist:

a. The issue has been resolved in a civil proceeding that resulted in a final judgment, or in a criminal proceeding that resulted in a finding of guilt, even if the board of professional ethics and conduct was not a party to the prior proceeding.

b. The burden of proof in the prior proceeding was greater than a mere preponderance of the evidence.

c. The party seeking preclusive effect has given written notice to the opposing party, not less than ten days prior to the hearing, of the party's intention to invoke issue preclusion.