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IN THE SUPREME COURT OF IOWA No. 43 / 05-2024 Filed April 28, 2006 IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. KAY E. DULL, Respondent.

On review of the report of the Grievance Commission.

Iowa Supreme Court Grievance Commission recommended a two-year suspension of respondent's license to practice law. LICENSE SUSPENDED.

Charles L. Harrington and David J. Grace, Des Moines, for complainant.

Kay E. Dull, Spirit Lake, pro se.

2 LAVORATO, Chief Justice. The Iowa Supreme Court Board of Professional Ethics and Conduct, now the Iowa Supreme Court Attorney Disciplinary Board, filed a multicount complaint against attorney Kay E. Dull. The allegations of

misconduct fall into four categories: appearing in court while under the influence of alcohol; being convicted of operating a motor vehicle while intoxicated (OWI), third offense; neglecting legal matters entrusted to her; and failing to respond to inquiries from the Board. Following a hearing, the Grievance Commission of the Iowa Supreme Court found that Dull had violated numerous provisions of the Iowa Code of Professional Responsibility for Lawyers. The Board and Dull filed a

stipulation with the Commission for a one-year suspension to run concurrently with a temporary suspension we imposed on March 11, 2003. The Commission rejected the stipulation and recommended that Dull's license to practice law be suspended for two years from the date of its hearing, September 29, 2005. We agree with the Commission's findings and recommendation of a two-year suspension but order that such suspension run from the date of this opinion. We rescind the March 11, 2003 temporary suspension order. I. Scope of Review. We review attorney disciplinary proceedings de novo. Iowa Sup. Ct. Att'y Disciplinary Bd. v. Zenor, 707 N.W.2d 176, 178 (Iowa 2005). The Board must establish the charges by a convincing preponderance of the evidence. Iowa Sup. Ct. Bd. of Prof'l Ethics & Conduct v. Steffes, 588 N.W.2d 121, 122 (Iowa 1999). "This quantum of proof is `something less than required in a criminal prosecution, and is something more than is required in a civil proceeding.' " Id. (citation omitted).

3 II. Facts. On our de novo review, we find the following facts. Dull has been practicing law as a solo practitioner in northwest Iowa since 1991. From 1986 to 1991, Dull was employed by a law firm. At the disciplinary hearing, Wanda Rae Smith, Aimee Devereaux, Jeffrey Ryan, and Ellen Langseth, Dull's former clients, testified. Dull appeared but did not testify. The Board offered and the Commission

received into evidence twenty-eight exhibits. A. Appearing in court while under the influence of alcohol. On January 28, 2002, Dull appeared for a hearing before Judge James D. Scott while under the influence of alcohol. When the judge questioned Dull about it, she denied she had been drinking. Dull admitted these facts in her answer to the Board's complaint. B. Conviction of OWI, third offense. On December 31, 2002, Dull was convicted of OWI, third offense, in violation of Iowa Code section 321J.2 (2001). The offense occurred on April 25, 2002. A third offense OWI is a class "D" felony. Iowa Code

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