IOWACourt order
Iowa Supreme Court holds attorney discipline confidentiality rule beats state Open Records Act
The Iowa Supreme Court on October 16, 2026, unanimously held that Iowa Court Rule 35.4(3), which keeps attorney disciplinary complaints and responses confidential, prevails over the public-access provisions of Iowa Code chapter 22. The ruling affirmed denial of a former federal prosecutor's request for three Assistant U.S. Attorneys' responses to an ethics complaint the Attorney Disciplinary Board had dismissed.
Key points
- Justice Thomas Waterman wrote for a unanimous court, affirming the Polk County District Court's judgment against Robert Teig.Iowa Supreme Court
- Teig, a former federal prosecutor inactive since 2024, sought the responses after the board dismissed his complaint about a Northern District of Iowa case.Iowa Supreme Court
- The court said the specific confidentiality rule, issued under its statutory authority over the bar, controls over general open-records provisions.Iowa Supreme Court
- Confidentiality encourages candor with investigators and protects lawyers' reputations when complaints prove unfounded, the court said.Iowa Supreme Court
- The court also upheld attorney-client privilege and work-product protection for related records and denied cross-examination of opposing counsel over a privilege log.Iowa Supreme Court
- The board and Office of Professional Regulation violated section 22.1(2) by not designating records custodians, but Teig got no fees or damages.Iowa Supreme Court
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Iowa Supreme Court