?gun-hm IN THE SUPREME COURT OF IOWA 9' ?-tD :3 3 21m 81 ERK CGURT ORDER OF PUBLIC REPRIMAND THE IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, vs. No. 11-1351 THEODORE F. SPORER, Respondent. Pursuant to Court Rule 35.3 the attached reprimand of attorney Theodore F. Sporer, Des Moines, Iowa, by the Iowa Supreme Court Attorney Disciplinary Board has been filed with the clerk of this court together with proof of service thereof and a statement that no exception has been ?led within the time prescribed. It is therefore ORDERED by the court that the reprimand of Theodore F. Sporer be included in the records of this court as a public document. a Dated this 3 day of November, 2011. THE SUPREME COURT OF IOWA By MW 4? Mark S. Cady, Chief Justice Copies to: Members of the Court Chief Judge District Court Administrator Clerk of Court Charles L. Harrington Attorney Disciplinary Board Paul H. Wieck, 11 Of?ce of Professional Regulation Copies to (cont?d): Theodore F. Sporer (Restricted Certified No. 91 7108 2133 3938 9022 4315) 108 Third Street, Suite 322 Des Moines, IA 50309?4758 Theodore F. Sporer 108 Third Street, Suite 322 Des Moines, IA 50309?4758 I am: Supreme Court ?ttomey @iscipfinary (Board u?m Iowa Judicial Branch Building 1111 East Court Avenue CHARLES L. HARRINGTON Phone: 515?725-8017 Des Moines, IA 50319-5003 ADMINISTRATOR, ATTORNEY Fax: 515-725?80 13 DISCIPLINARY BOARD ASSISTANT DIRECTOR, OPR June 23, 2011 Mr. Theodore F. Sporer Attorney at Law 108 Third Street, Suite 322 F, LE Des Moines, IA 50309-4758 AUG 24 2011 Re: Our File No.: 2011?83 CLERK Respondent: Theodore F. Sporer SLPREME COURT Dear Mr. Sporer: The above complaint ?led against you came on for consideration by the Board at its recent hearing meeting. Following a review of the complaint, your response thereto, and the investigative file, the Board found that you ?led complainant?s petition for dissolution of marriage in December 2009. On March 19, 2010, the Court ordered the parties to submit ?nancial af?davits, child support guidelines, worksheets, and Children in the Middle Certi?cates by April 23, 2010. You failed to arrange for ?ling of these documents on behalf of your client until May 10, 2010. Meantime, on May 7, the Court entered an order sanctioning your client for noncompliance, On June 7, 2010, after you ?led a motion to vacate the sanctions order on the basis that noncompliance resulted from your mistake in calendaring the complainant?s date for May 17 instead of April 23, the Court entered an order vacating the sanctions. At the March 19, 2010 pretrial conference, the parties were also ordered to complete mediation by May 31, 2010, and, to present, within 30 days of conclusion of mediation, a proposed decree signed by all parties and counsel for an order setting trial. On August 31, 2010, the Court entered an order setting a sanctions hearing for failure to present to the Court a final decree or order setting trial. The Clerk sent copies of this order to the parties and their attorneys. On September 13, 2010, complainant asked you to explain why the order for sanctions had been issued. You answered her in an e-mail: ?We have submitted everything on to the Court. This is a clerical error.? In fact, neither a proposed decree nor an order setting trial had been presented to the Court, and your quoted statements were false. On September 28, 2010, you belatedly obtained an order from the Court setting trial for June 21-23, 2011. Therefore the sanctions hearing was not held. June 23, 2011 i File 2011?83 Page 2 You failed to inform complainant of the trial date. From October 2010 through January 18, 2011, complainant called you four times and left two phone messages seeking information on the trial date and the status of the case. Neither you nor any member of your staff responded to these inquiries. . In responding to the complaint, you emphasize that complainant?s advance fee payment was exhausted in June 2010 and that you informed her you would therefore give her matter ?a low priority.? The Board concluded that this explanation did not excuse any delay or other de?ciencies in your handling of her case. See Board of Pro?assz'onal Ethics Conduct v. Ranch, 650 574, 577 (Iowa 2002). (Absent permission to withdraw, lawyer who undertakes legal matter on client?s behalf has ?duty to diligently prosecute it; nonpayment is not an excuse for inaction?). You also asserted that you had health problems and were out of the of?ce for an extended period of time in late 2010. As the Board previously admonished you with respect to your neglect of another client?s legal matter, you ?should have alerted your client to the effect your health was having on your practice and address whether you should have withdrawn if you could not handle this and other cases effectively.? See Rule of Professional Conduct (A lawyer shall withdraw if the representation will result in the violation of the Iowa Rules of Professional Conduct or if the lawyer?s physical condition materially impairs the lawyer?s ability to represent the client). The Board concluded that, in failing to inform complainant of her trial date and respond to her reasonable inquiries regarding the status of the case, you violated Rule of Professional Conduct and that your failures to ?le or present required documents on time was contrary to your duties pursuant to Rules of Professional Conduct 32:1.3 (lawyer shall represent client with reasonable diligence and promptness) and (lawyer shall not engage in conduct prejudicial to the administration of justice). The Board further concluded that your misrepresentation to the complainant that the second order setting a hearing for sanctions Was the result of the Clerk?s clerical error was contrary to Rule of Professional Conduct (lawyer shall not engage in deceit or misrepresentation). It was the determination of the Board that you be and hereby are publicly reprimanded for the above violations of Rules 32:1.3, and FOR THE IOWA SUPREME COURT ATTORNEY DISC LINAR BOARD WK CLH/vls