Wednesday, September 8, 2010

Two Iowa Supreme Court Decisions Involve Sex Offense Allegations

Link for the opinion: http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20070921/07-0507.pdf

In Iowa Supreme Court Atty. Disciplinary Board v. Blazek, 739 N.W. 2d 67, 2007 Iowa Sup. Lexis 115 (Iowa, 2007), the Iowa Supreme Court revoked a lawyer’s license and convicted said lawyer on four felony charges of sexual misconduct with children and sentenced him to 235 months in jail.

In 2006 the Iowa Supreme Court filed a complaint against Michael Blazek stating he violated the Iowa Code of Professional Responsibility for Lawyers Rule DR 1-102(A)(1)-A lawyer should not violate a disciplinary rule; Rule DR 1-102(A)(3)-an attorney should not involved themselves in moral misconduct; and Rule DR 1-102(A)(6)-an attorney should not engage in acts that reflect on the practice of law.

Blazek engaged in a conversation in a “male for male” chat room with whom he believed to be a 15 year- old boy. After 15 months of conversing with this boy, “Brian”, the conversations became increasingly sexual in nature and the two arranged to meet October 26th in Chicago. “Brian” was actually an Inspector with the Chicago Police investigating sex crimes. When Blazek arrived to meet the boy, he was arrested, his apartment searched, and computer seized with hundreds of photographs and movies of child pornography.

This was not Blazek’s first conviction. He pled guilty in 1997 to a felony charge of knowingly have sexual misconduct with a child under twelve and had his license suspended for two years.

This case teaches the importance of an attorney’s duty under Rule DR 1-102(A)(1), section (A)(3), and section(A)(6) to not violate a disciplinary rule and involve themselves in moral misconduct that reflects the practice of law.

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