IN THE SUPREME COURT OF IOWA
No. 15

– 0156 Filed May 1 , 2015 Amended July 1, 2015

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant,

vs.
KENNETH J
. WEILAND , JR., Respondent.

On review of the report of the Grievance Commission of the Supreme Court of Iowa.

The g rievance commission reports an attorney committed ethical misconduct and recommends a public reprimand. ATTORNEY
REPRIMANDED.

Charles L. Harrington and Elizabeth E. Quinlan, Des Moines, for complainant.

Kenneth J. Weiland, Jr., Des Moines, pro se.2
ZAGER, Justice. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged a ttorney Kenneth J. Weiland Jr. with violations of several of our ethical rules based on his actions in an appeal filed with this court. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Weiland’s conduct was prejudicial to the administration of justice in violation of Iowa Rule of Professional Conduct 32:8.4(d) , and
recommended we impose a public reprimand. Upon our de novo review, we concur in the commission’s finding that Weiland’s conduct was prejudicial to the administration of justice in v iolation of rule 32:8.4(d).
A dditionally , we conclude Weiland failed to make reasonable efforts to expedite litigation consistent with the interests of his client in violation of
Iowa Rule of Professional Conduct 32:3.2 . Ultimately, we agree with the

com mission th at a public reprimand is appropriate.
I. Factual Background and Proceedings. Weiland was admitted to practice law in Iowa in 1994. He

curr ently works in Des Moines, as a solo practitioner. His practice includes representing clients in a varie ty of matters , including family law. The Board’s complaint in this case stems from Weiland’ s representation of Ryan Pierce in an appeal from a domestic relations case. Weiland’s representation of Pierce began in 2012 when Weiland agreed to represent Pierce in a domestic relations case. The case proceeded to trial on December 17, 2012. T he district court entered a
decree in the matter on January 2, 2013. After reviewin g the decree,
Weiland concluded the district court failed to address an issue he believed it was required to address. Accordingly, Weiland informed
Pierce that there were sufficient grounds to appeal the case . Based on3
Weiland’s advice, Pi erce elected to appeal the case. Weiland filed a notice of appeal on January 31. After filing the notice of appeal, Weiland failed to file and serve a combined certificate or pay the filing fee as required by our rules of appellate procedure. See Iowa R. App. P. 6. 702(1) ( a ) ( establishing the filing fee for appeals and requiring the appellant to “ pay the fee

. . . within seven days af ter filing the notice of appeal”); id. r. 6.804 (1) (requiring the appellant to complete and file a combined certificate

“ within seven d ays after filing the notice of appeal,” and fur ther requiring
the appellant to “serve the combined certificate on all parties to the appeal and on each court reporter from whom a transcript was ordered” ).
O n March 8 , the clerk of the Iowa Supreme Court sent Weiland a notice
of default informing him of the deficiency and assessing a $150 penalty against him. The notice further informed Weiland that if he failed to remedy the default within fifteen days, the clerk would dismiss the appeal for want of pros ecution. See i d. r. 6.1202 (1) ( a ) ( “ If the appellant fails to cure the default, the clerk shall enter an order dismissing the appeal.” ). On the morning of March 25, Weiland c alled the court reporter that had reported the trial, Lisa McCarville , and requested a transcript of
the Pierce trial

. Later that morning, M cCarville sent Weiland a follow

- up email in which she stated that after their phone conversation, she
reviewed her records and determined the transcript would cost $220.50.
The email f urther stated that she would need a copy of the combined
certificate. Additional ly, the email stated, “I will get to work on the transcript as soon as I receive your deposit.” That same day, Weiland
filed a comb ined certificate with the clerk in which he certified that “ th e4 Transcript ha[d] been ordered.” He did not serve McCarville with the
combined certificate. On June 4, the clerk sent both Weiland and McCarville a notice of failure to timely file transcript notifying them that McCarville had not
filed the transcript by the deadline. See id. r. 6.803(3)( c ) (establishing the deadline for filing transcript as forty days after service of the combined certificate)

. On June 5, McCarville filed a reporter’s application for an
extensi on of time to file a transcript. In the application, she certified that she “ha[d] not receive d an order for transcript from . . . Weiland ” because he had not served her with a copy of the combined certificate. See id. r
. 6.803(1) ( requiring the “appellant [to] use the combined certificate to order in writing from the court reporter a transcript”)

. The application also noted that she had not received a deposit for the transcript. On June 17, this court filed an order requiring Weiland to “serve court reporter McCarville with the combined certificate and pay her required deposit” by June 27. The order further stated, “[F] ailure to pay [for] the transcript should be reported by the court reporte r to this court,
and will result in [the] appeal bein g dismissed for appellant’s failure to comply wit h the appellate rules.” On July 8, eleven days after the deadline, McCarville filed a reporter’ s report of nonpayment in which she
certified that as of July 3 , Weiland had not sent her a combined
certificat e or paid the deposit. Accordingly, on July 18 , this court filed an order dismissing the appeal for failure to comply with our appellate
rul es and instructing the clerk to forward a copy of the order to the
Board for further action. See id. r. 6.1202(3) ( “ Following the dismissal of an appeal for failure to comply with an appellate deadline where the appellant was represented by an attorney, the clerk

. . . shall forward5 certified copies of the docket, the notice of default which resulted in dismissal, an d the order of dismissal to the

. . . Board. ”)

. Based on these facts, the Board filed a complaint on August 11, 2014. In its complaint, the Board alleged Weiland violated Iowa Rules of Professional Conduct 32:1.3 (requiring diligence), 32:3.2 (requiring

r easonable efforts to expedite litigation), 32:3.3(a)(1) (prohibiting false statements to a tribunal), 32:3.4(c) ( requiring compliance with the rules of a tribunal), 1 and 32:8.4(d) (prohibiting conduct prejudicial to the administration of justice). Weiland f iled his answer on September 10 . In his answer, he admitted all the factual allegations in the Board’s complaint . However, he denied that his conduct violated any e thical rules. Additionally, Wieland asserted that he communicated to Pierce the
need fo r Pierce to provide him with funds for the transcript on multiple
occasions , but that Pierce had failed to do so. He also asserted that the
reason he failed to dismiss the appeal was that he wanted to give Pierce “every o pportunity to appeal his case.”
T he commission conducted an evidentiary hearing in November

. At the hearing, the following witnesses testified: Christine Mayberry,
d eputy c lerk for the Iowa appellate c ourts ; McCarville; and Weiland

. Mayberry testified that between 1998 and 2014 Weiland has received forty notices of default for failing to comply with deadlines in various appeals. She testified that based on her fifteen years of experien ce as deputy clerk, this is an excessive number of notices of default . She

1 Prior to the hearing before the commission , the Board abandoned its claim that Weiland’s conduct violated rule 32:3.4(c). Accordingly, we do not consider whether Weiland’s conduct violated rule 32:3.4(c). See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Keele , 795 N.W.2d 507, 511 (Iowa 2011) (declining to address rule violations abandoned by the Board on appeal)

.6

further testified that when the clerk’s office is required to send default notices, it causes “a significant drai n on [the office’s] workload.” 2 McCarville testified that when a party files an appeal, the court reporter in the underlying matter typically rec eives a copy of the
combined certificate

. This combined certificate notif ies the court reporter that a party has filed an appeal for which a transcript is ne eded and

p rovid es the court reporter with details as to the dates of future
deadlines

. She testified that in Pierce’s case she did not receive a combined certificate. Instead, Weiland called her to request a transcript.
She te stified that after receiving th e call from Weiland , she found the appeal online and discovered that Weiland had recently filed the
combined certificate. S he then emailed Weiland and request ed that he send her a copy of the combined certificate and inform ed him of the cost of the transcript. McCarville gave conflicting testimony as to whether she considered the transcript ordered afte r speaking with Weiland on the phone on March 25 . Initially, she testified that she requir es the depo sit to be paid prior to considering the transcript ordered. She testified that she typically requires a deposit in advance because doing so ensures that she receives payment for her services. However, she then testified that after her conversation with Weiland, she “considered [Weiland to have ] ordered the transcript verbally.” She further testified that although she was waiting for both the combined cer tificate and her deposit, she probably

2 W e i land objected to the admission of this testimony and to related documentary evidence. He argued the commission could not use this evidence to find he committed an ethical violation. However, he acknowledged the commission could use this evidence “in regards to any disposition if there is a finding [he] acted in an unethical manner.” Thus, as did the commission, we consider this evidence only as it re lates to our consideration of the appropriate sanction.7 began doing so me preliminary work on the transcript to ensure she did not miss any deadlines.
Weiland admitted that he failed to serve McCarville with the
combined ce rtificate. However, he maintained that he did not know our appellate rules required him to do so. Additionally, he testified that when he spoke with McCarvill e on the phone on March 25, he believed he had ordered the transcript. He testified that when he certified in the
combined certificate that he had ordered the transcript, he knew he had not paid McCarville . However, he believed that ordering the transcript and paying for the transcript were distinct concepts. Accordingly, in certifying on the combined certificate that he had ordered the transcript, he “didn’t believe [he] was lying to the Court . . . or misrepresenting anything.” Weiland did not dispute receiving the various notices of default in Pierce’s appeal. However, he testified that Pierce had been unable to supply him with the necessary funds for either the filing fee or the transcript. He further testified that he advanced Pierce $150 for the filing fee and that Pierce eventually rei mbursed him $100 of that

amount . However, Pierce never provided him funds for the transcript , despite Weiland’s rep eated requests that he do so. Weiland testified that he did not dismiss the appeal after the June 27 deadline because he
believed Pierce still wanted to pursue it , and he hoped Pierce would “come up with [the] money.” Accordingly, Weiland “wasn’t trying to cause the Court problems.” Instead, he was trying to protect Pierce’s appeal rights by “gett[ing] as much time for him to [obtain the funds as possible].”
Weiland expressed remorse for failing to dismiss Pierce’s appeal
once he realized Pierce would not be able to obtain funds for the8 transcript. He testified that when a client is unable to obtain funds for an appeal in the future, he will withdraw as counsel instead of repeatedly missing deadlines. He further noted that although he has a history of failing to meet appellate deadlines, he has recently improved his compliance with appellate deadlines

. Specifically, h e highlighted that

ma ny of the notices of default he has received in the past occurred “closer to the early 2000s.” However, he admitted he received notices of
default in two o ther appeals in 2014 for failing to file the required
combined certificate s . Finally, Weiland ack nowledged that the Board privately admonished him in 2003 f or faili ng to dismiss an appeal after
the client decided not to pursue it . However, he distinguished the
instant case from t his prior misconduct , noting that in this case his
client wanted to pursue the appeal , but was unable to obtain the necessary funds to do so

. The commission issued its written findings of fact, conclusions of law, and re commended sanction on January 27 , 2015. It concluded the
Board failed to present sufficient evidenc e to demonstrate Weiland’s conduct violated rules 32:1.3 (requiring diligence), 32:3.2 (requiring reasonable efforts to expedite litigation), and 32:3.3(a)(1) (prohibiting false statements to a tribunal). Specifically, it concluded Weiland’s
failu re to di smiss the app eal was an attempt to protect the interests of
his client . Additionally, it credited Weiland’s testimony that he had verbally orde red the transcript on March 25. Accordingly, the
commission concluded that Weiland had not neglected Pierce’s case or knowingly made a false statement in the combined certificate. However,
the commission concluded Weiland’s conduct violated rule 32:8.4(d) (prohibiting conduct prejudicial to the administration o f justice). Specifically, it reas oned that Weiland had a duty to dismiss the appeal by9 the July 27 deadline once he realized Pierce would not be able to obtain funds for the transcript, instead of relying on the clerk to dismiss the appeal. The commission credited Weiland for taking resp onsibility for his
actions

. It also credited Weiland for his commitment to require clients to pay him filing and transcript fees in advance to avoid similar problems in
the future. Finally , the commission credited Weiland for maintaining a law practice t hat allows persons of modest means to obtain access to the
courts at a modest rate. The commission recommended we publicly reprimand Weiland.
II. Standard of Review. Our review of attorney disciplinary proceedings is de novo. Iowa Supreme Ct. Att’y Disciplinary Bd. v. Conroy , 845 N.W.2d 59, 63 (Iowa 2014). The Board must prove attorney misconduct by a convincing preponderance of the evidence, a burden greater than a preponderance of the evidence but less than proof beyond a reasonable doubt. Iowa Supreme Ct. Att’y Disciplinary Bd. v. Thomas , 844 N.W.2d 111, 113 (Iowa 2014). We give the commission’ s findings and recommendations respectful consideration, but we are not bound by them. Iowa Supreme Ct. Att’y Disciplinary Bd. v. Ricklefs , 844 N.W.2d 6 89, 696 (Iowa 2014). “Upon proof of misconduct, we may impose a greater or lesser sanction than the sanction recommended by the commission.” Iowa Supreme Ct. Att’y Disciplinary Bd. v. Templeton , 784 N.W.2d 761, 764 (Iowa 2010).
III. Review of Alleged Et hical Violations. The Board alleged numerous violations of the Iowa Rules of
Professional Conduct based on Weiland’s conduct in the Pierce appeal.
Weiland admitted each of the factual allegations in the Board’s complaint. “Factual matters admitted by an attorney in an answer are deemed established, regardless of the evidence in the record.” Iowa10 Supreme Ct. Att’y Disciplinary Bd. v. Nelson , 838 N.W.2d 528, 532 (Iowa 2013). We turn now to address the individual rule violations alleged by
the Board.
A. R ule 32:1.3: Reasonable Diligence and Promptness
. This rule requires a lawyer to “act with reasonable diligence and promptness in representing a client.” Iowa R. Prof’ l Conduct 32:1.3

. W e have recognized that an attorney violates rule 32:1.3 when he or she neglects
a client matter

. 3 See Iowa Supreme C t

. Att ’ y Disciplinary Bd. v. Dolezal , 796 N.W.2d 910, 915 (Iowa 2011)

. Generally, n eglect involves “ ‘ a consistent failure to perform those obligations that a lawyer has
assumed , or a conscious disregard for the responsibilities a lawyer owes
to a client. ’ ” Iowa Supreme Ct. Att’y Disciplinary Bd. v. Lickiss , 786 N.W.2d 860, 867 (Iowa 2010) ( quoting Iowa Supreme Ct. Bd. of Prof’ l
Ethics & Conduct v. Moorman , 683 N.W.2d 549, 551 (Iowa 2004) )

. “[O] rdinary negligence does not constitute neglect. ” Iowa Supreme C t

. At t’ y Disciplinary Bd. v. Taylor , 814 N.W.2d 259, 26 5 (Iowa 2012)

. Thus, “[a] violation of this rule arises not from inadvertent acts or omissions or from missing a single deadline, but from consistently failing to perform functions required of an attorney or from repeatedly missing deadlines.” Conroy , 845 N.W.2d at 64.
W e have previously held that “even if a client no longer wants a
matter to be pursued, it is neglect for the attorney to allow the matter to languish, without terminating it.” Dolezal , 796 N.W.2d at 915. W e have explained :

3 “The Iowa Rules of Professional Conduct no longer expressly refer to neglect. Nevertheless, we have continued to identify and sanction att orney neglect.” Conroy , 845 N.W.2d at 63 (citation omitted). We do so under r ule 32:1.3. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Van Ginkel , 809 N.W.2d 96, 102 (Iowa 2012). Thus, neglect cases under a prior version of our ethical rules provide “ precedent for the interpretation and application of rule 32:1.3.” Id.11 Regardless of the client’s interest in the case, the onus is on the attorney to comply with the deadlines provided in the appellate rules. Unless the court relieves an attorney of his or her responsibility to the client on appeal, as an officer of the cou rt, the attorney is required to file the appropriate documents and briefs. Anything less may be considered neglect. . . . [S ]imply because a client does not want to pursue the case does not relieve the attorney from taking steps necessary to end the matte r. Iowa Supreme Ct. Att’y Disciplinary Bd. v. Lesyshen , 712 N.W.2d 101, 105 (Iowa 2006) (citation s omitted). However, when an attorney fails to comply with appellate deadlines or dismiss an appeal to protect a client ’s interests , we will not find such

con duct amount s to neglect. See Iowa Supreme Ct. Att’y Disciplinary Bd. v. Wright , 758 N.W.2d 227 , 230 (Iowa 2008). For example, in Wright , after an attorney filed a notice of appeal , he contacted the court reporter in the underlying matter to order the transcript

. Id. at 228. The court reporter informed the attorney that she would not prepare the transcript until she received payment. Id. T h e attorney contacted his client who reported that she did not have funds for the transcript , but that she would attempt to borrow them

. Id. at 228

– 29. The attorney then filed a
combined certificate in which he certified that he would pay for the transcript in accordance with our appellate rules. Id. at 229. However, he failed to serve the combined certificate on the court reporter. Id. As a
result , the court reporter did not prepare the transcript by the deadline.
Id. The attorney then also failed to file the required proof brief and designation of the co ntents of the appendix by the deadline. Id. Accordingly, t he clerk sent the attorney a notice of default informing him
that if he did not cure the various deficiencies within fifteen days , the appeal would be dismissed. Id. T he attorney again contacted his client , who was still un able to obtain funds for the transcript

. Id. The attorney12

did not cure the defau lt by the deadline , and the clerk dismissed the appeal. Id.
We concluded the attorney’s conduct did not amount to neglect.
Id. at 230. W e explained : [I] t was [the client’s] failure to pay for the transcript, not [the attorney ] ’s actions, that prevented [the client] from proceeding with the appeal. Under the facts presented here, we find the Board failed to prove [ the attorney ] neglected [the client ] ’s interests

. [This attorney] in fact protected [his client ] ’s interest by commencing and maintaining the appeal notwithstanding her failure to pay his fee as she had agreed, and by allowing her time

. . . to raise the funds to pay for the transcript.
Id.
In this case , as in Wright , we do not find Weiland’s conduct amounted to neglect in violation of rule 32:1.3. The commission credited Weiland’s testimony that his failure to comply with various appellate deadlines and timely dismiss the appeal w as the result of his attempt to protect his client’s interests

. Specifically, the commission found that
Pierce wanted to pursue the appeal through June and that Weiland
wanted to afford Pierce every opportunity to obtain funds for the transcript

. We give deference to the commission’s credibility determination because the commission heard Weiland’s live testimony
and observed his demeanor. See Iowa Supr eme C t . Att’ y Disciplinary Bd. v. Clarity , 838 N.W.2d 648, 659 (Iowa 2013). Thus, the record
established that Weiland attempted to protect the interests of his client by commencing and maintaining the appeal , advancing Pierce funds for the filing fee, and allowing Pierce time to raise funds for the transcript.
U nder the facts presented here, we find the Board failed to prove Weiland
violated rule 32:1.3.13

B. Rule 32:3.2: Expedite Litigation. This rule provides, “A lawyer shall make reasonable efforts to expedite litigation consistent with
the interests of the cl ient.” Iowa R. Prof’ l Conduct 32:3.2. We require lawyers to make reasonable efforts to expedite litigation because “[d]ilatory practices bring the administration of justice into disrepute.”
Id. cmt. [1]. In failure

- to

- expedite cases, “[t]he question is whether a competent lawyer acting in good faith would regard the course of action as having some substantial purpose other than delay.” Id. An attorney
violates this rule when he or she fails to “file documents, pursue appeals,
and meet deadlines.” Con roy , 845 N.W.2d at 65. “The Board is only required to prove the attorney’s intent if the sole allegation is an attorney engaged in particular conduct for the purpose of frustrating the judicial process.” Iowa Supreme C t . Att’ y Disciplinary Bd. v. Barnhil l , 847 N.W.2d 466, 484 (Iowa 2014).
The commission concluded that Weiland did not violate rule 32:3.2. We disagree. The record showed Weiland failed to timely file the combined certificate as required by our appellate rules, failed to serve the
combined certificate on the court reporter as required by our appellate
rules and as ordered by this court , and ultimately allowed the appeal to languish and be administratively dismissed. We have found violations of
this rule in similar situations. See, e.g. , Io wa Supreme Ct. Att’y Disciplinary Bd. v. Kieffer

- Garrison , 847 N.W.2d 489, 493 (Iowa 2014) (finding the attorney’s “serial failures to comply with the requirements of this court’s procedural rules governing the timely presentation and progression of appeal s constituted a violation of her obligation to demonstrate reasonable efforts to expedite numerous appeals consistent with her clients’ interests”); Conroy , 845 N.W.2d at 65 (collecting cases and finding a rule 32:3.2 violation when the attorney failed to cure14 defaults in six appeals); Dolezal , 796 N.W.2d at 914 (finding a rule 32:3.2
violation when the attorney failed to follow through with or dismiss appeals and disregard ed default notices). A lthough Weiland failed to comply with our appellate procedures in an effort to protect Pierce’s interests, the comments to the rule disclaim such motivation as a legitimate interest of a client

. See Iowa R. Prof’ l Conduct 32:3.2 cmt. [1] (“Realizing financial or other benefit from otherwise improper delay in litigation is not a legi timate interest of the client.” ) ; accord 2 Geoffrey C. Hazard, Jr. et al., The Law of Lawyering § 31. 03 , at 31

- 4 to

- 5 (4th ed.
2015 ) (recognizing that a client’s interest in delay itself is not “entitled to weight in assessing the propriety of a lawyer’s tactics on behalf of the client”). Expediting an appeal by meeting deadlines, even when the client would benefit from delay, is cons istent with the legitimate interest of the
client and is therefore required by the rule. Here, W e i land elevated the client’s interests over his obligations to the court. Weiland violated rule
32:3.2. 4
C. Rule 32:8.4(d) : Conduct Prejudicial to the Administration
of Justice. This rule prohibits an attorney from engaging in “conduct that is prejudicial to the administration of justice.” Iowa R. Prof’l Conduct 32:8.4(d). “There is no typical form of conduct that prejudices the administration of just ice.” Iowa Supreme Ct. Att’y Disciplinary Bd. v.
Parrish , 801 N.W.2d 580, 587 (Iowa 2011). Acts we have generally considered prejudicial to the administration of justice have “hampered the efficient and proper operation of the courts or of ancillary syst ems upon which the courts rely.” Wright , 758 N.W.2d at 230 (internal

4 As the Board did not contend Weiland engaged in conduct for the purpose of frustrating the judicial process, we need not address whether he acted with such intent. See Kieffer

- Garrison , 847 N.W.2d at 493 n.2.15 quotation marks omitted). “ Examples of conduct prejudicial to the administration of justice include paying an adverse expert witness for information regarding an opponent’s case prepara tion, demanding a release in a civil action as a condition of dismissing criminal charges, and knowingly making false or reckless charges against a judicial
officer.” Templeton , 784 N.W.2d at 768. Most relevant here, “ W hen an attorney’ s failure to comply with appellate deadlines results in an administrative dismissal, his actions are prejudicial to the administration of justice. ” Dolezal , 796 N.W.2d at 914 ; accord Iowa Supreme Ct. Att’y Disciplinary Bd. v. Tompkins , 733 N.W.2d 661, 668 (Iowa 2007) (findi ng

an attorney acted in a manner prejudicial to the administration of justice when he failed to prosecute or move to dismiss an appeal he believed to be without merit); Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Daggett , 653 N.W.2d 377, 380 (Iowa 2 002) (finding an attorney acted in a manner prejudicial to the administration of justice when he failed to comply with appellate deadlines ). This is so even when such conduct does not amount to neglect. See Taylor , 814 N.W.2d at 267 ( “[A] n attorney can be in violation of rule 32:8.4(d) when an appeal is administratively dismissed even though the attorney did not commit neglec t in the handling of the appeal .” ); Wright , 758 N.W.2d at 230

– 31 (finding an attorney’ s reliance on the clerk to dismiss an appeal when the
client could not raise funds for the transcript was prejudicial to the administration of justice , despite the fact such conduct did not amount to neglect )

. T he commission concluded Weiland’s failure to dismiss the appeal by the June 27 deadline established by this court’s June 17 order
violated rule 32:8.4(d). We agree. Although Weiland’s conduct did not amount to neglect , Weiland was not relieved “ ‘ from taking steps to end16

the matter. ’ ” Wright , 758 N.W.2d at 2 31 (quoting Lesyshen , 712 N.W.2d

at 105)

. On June 17 , t his court ordered Weiland to “serve court reporter McCarville with the combined certificate and pay her required deposit” by
June 27. The June 17 order further notified Weiland that “failure to pay [for] the transcript

. . . [would] result in [the] appeal being dismissed.”
Weiland knew by the June 27 deadline that Pierce would be unable to pay for the transcript, yet he took n o action to dismiss the appeal. His inaction caused the clerk to prepare and file an order thr ee weeks lat er accomplishing the dismissal. “ ‘ Our case law makes it clear that an attorney cannot use a default notice to dismiss an appeal in lieu of the attorney’ s obligation to comply with our appellate rules. ’ ” Id. at 231 (quoting Tompkins , 733 N.W.2d at 669). W eiland violated rule 32:8.4(d)

. D. Rule 32:3.3(a)(1) : Candor Toward the Tribunal
. This rule prohibits a lawyer from “ knowingly . . . mak[ing] a false statement of fact
or law to a tribunal.” Iowa R. Prof’ l Conduct 32:3.3(a)(1). Because the lawyer must knowingly make the false statement, the lawyer must have “actual knowledge of the fact in question.” Iowa R. Prof’ l Conduct 32:1.0(f) (defining the term “knowingly”). A lawyer can make a false
statement to the court either orally or in writing. See Iowa Supreme C t

. Att’ y Disciplinary Bd. v. McGinness , 844 N.W.2d 456, 462 (Iowa 2014)

. We found a violation of this rule when a lawyer falsely certified to the
clerk of this court that she had filed an application for further review

. Kieffer

- Garrison , 847 N.W.2d at 494. We have also found violations
when a lawyer filed falsely notarized documents with the court, when a lawyer forged a guilty plea for a defendant he was representing, and when a lawyer filed a document with the court misrepresenting the marital status of a decedent.
McGinness , 844 N.W.2d at 462

.17

T he Board alleges Weiland violated this rule by falsely certif ying in
the combined certificate he filed with the clerk that “ t he Transcript ha[d]
been ordered

. ” In fact, he had not served McCarville with the combined certificate or made the necessary deposit at the time he filed the
combined certificate

. The commission concluded the Board failed to
show that Weiland possessed the requisite knowledge to have violated
this ru le. Specifically, the commission credited the testimony of both
Weiland and McCarville , each of whom testified that when Weiland contacted McCarville by phone o n the morning of March 25, Weiland verbally ordered the transcript

. Thus, the commission concluded that at
the time Weiland certified in the combined certificate that he had ordered the transcript, he believed that he had done so

. We agree with the commission that the Board failed to present sufficient evidence to establish a violation of this rule. Here again, with respect to the testimony of both Weiland and McCarville , we defer to the commission’s credibility determination s because it heard their live testimony and observed their demeanor. See Clarity , 838 N.W.2d at 659

. A t the hearing before the commission , McCarville gave conflicting testimony as to whether Weiland ordered the transcript during the ir phone conversation

. However, she ultimately conceded she “considered [Weiland to have ] ordered the transcript verbally

. ” Weiland testified he
believed he had ordered the transcript at that time as well. N othing in
the email McCarville sent to Weiland is inconsistent with Weiland having placed a verbal order. Thus, t he record sho w ed that a t the time Weiland
certified in the combined certificate that he had ordered the transcript,
he reasonably believed he had done so. W e find the Board failed to establish that Weiland possessed the requisite knowledge to have violated rule 32:8.4(d)

.18

IV
. Consideration of Appropriate Sanction. Having found the foregoing rule violations, we now consider the appropriate sanction. The commission found only a single violation of
our rules and recommended we publicly reprimand Weiland

. We give respectful consi deration to the commission’s recommendation. Ricklefs , 844 N.W.2d at 699. However, the issue of appropriate sanction is exclusively within this court’s authority. Id. “There is no standard sanction for a particular type of misconduct, and though prior c ases can be instructive, we ultimately determine an appropriate sanction based on the particular circumstances of each
case.” Iowa Supreme Ct. Att’y Disciplinary Bd. v. Earley , 774 N.W.2d 301, 308 (Iowa 2009)

. As we have previously stated, In considering an appropriate sanction, this court considers all the facts and circumstances, including the nature of the violations, the attorney’s fitness to practice law, deterrence, the protection of society, the need to uphold public confidence in the justice system, and the need to maintain the reputation of the bar.
McGinness , 844 N.W.2d at 463. “Where there are multiple violations of our disciplinary rules, enhanced sanctions may be imposed.” Iowa Supreme Ct. Bd. of Prof’l Ethics & Conduct v. Alex ander , 574 N.W.2d 322, 327 (Iowa 1998). Further, we “consider mitigating and aggravating circumstances, including companion violations, repeated neglect, and the attorney’s disciplinary history.” Conroy , 845 N.W.2d at 66.
In this case , Weiland failed to comply with appellate deadlines in a single matter and fail ed to dismiss his client’s appeal . Instead, Wieland
allow ed the appeal to be administratively dismissed. Sanctions for
conduct of this nature range from a public reprimand when the attorney’s misconduct is relatively isolated, to suspensions of several months when the conduct is egregious or accompanied by related19 misrepresentations, additional violations, or other aggravating
circumstances. S ee , e. g. , Kieffer

- Garrison , 847 N.W .2d at 4 92 , 494, 496 (finding an attorney’s failure to comply with appellate deadlines in nine
criminal cases resulting in receipt of twenty default notices warranted a six

- month suspension when the attorney also persistently

m isrepresented that she had filed an application for further review to her client and this court); Dolezal , 796 N.W.2d at 914, 920, 922

– 23 (finding

an attorney’s failure to cure default notices in two appeals resulting in
administrative dismissals warranted a thirty

- day suspension when the attorney neglected two additional matters, committed trust

- account violations, and had a history of failing to comply with court requirements); Iowa Supreme Ct. Att’y Disciplinary Bd. v. Knopf , 793 N.W.2d 525, 531

– 32 (Iowa 2011) (finding an attorney’s failure to cure a default notice in an appeal warranted a three

- month suspension when
the attorney also failed to file state income tax returns for two years in
violation of ethical rules); Iowa Supreme Ct. Att’y Discipl inary Bd. v. Hoglan , 781 N.W.2d 279, 282

– 83, 286

– 87 (Iowa 2010) (finding an attorney’s failure to prosecute four appeals resulting in their dismissal
warranted a thirty

- day suspension when each dismissal harmed the client and the attorney had previously be en publicly reprimanded for similar misconduct); Wright , 758 N.W.2d at 231 (finding an attorney’s
failure to dismiss an appeal after the client was unable to raise funds for

a transcript warranted a public reprimand); Tompkins , 733 N.W.2d at
669

– 70 (finding an attorney’s failure to dismiss an appeal warranted a public reprimand)

. Further , w hen such deficiencies result in harm to clients, increased sanctions are warranted. See, e.g. , Dolezal , 796 N.W.2d at 922 (considering harm to clients in craftin g appropriate20 sanction); Hoglan , 781 N.W.2d at 286 (same); I owa Supreme C t

. Att ’ y Disciplinary Bd. v. Curtis , 749 N.W.2d 694, 704 (Iowa 2008) ( same ). We draw guidance from the following attorney discipline cases involving similar misconduct. In Dolezal , we suspended an attorney’s license for thirty days. 796 N.W.2d at 923. There, the attorney failed to
cure default notices in two appeals leading to their dismissal. Id. at 9 14.
We concluded thi s conduct violated rules 32:1.3 , 32:3.2, and 32:8.4(d)

. Id. at 914

– 15. In addition to rule violations re lated to the attorney’s
failure to cure the default notices, we found the attorney neglected two other client matters, in one instance harming the client, and violated
several of our rules governing an attor ney’s management of the trust
account. Id. at 920. In crafting the appr opriate sanction, we emphasized that while the attorney’s behavior “inconvenienced the court system, in
two out of thr ee instances it [did] not harm[] his clients.” Id. at 922. W e

c onsidered as aggravating factors that the Board had recently privately
admonished the attorney for failing to respond to delinquency notices in
another matter and that he had failed to comply with continuing legal education requirements in the past. Id. at 920.
In Hoglan , we suspended an attorney’s license for thirty days when
he failed to prosecute four appeals resulting in their dismissal. 781
N.W.2d at 282

– 83 , 2 87

. W e concluded this conduct violated rules 32:1.3, 32:1.16(a)(2) (requiring withdraw al from re presentation if a physical or mental condition materially impairs a lawyer’s ability to represent the client), 32:3.2 , 32:8.4(a) (finding it misconduct to violate an ethical rule) , and 32:8.4(d). Id. at 284. In crafting the proper sanction,

w e em phasized that the attorney neglected multiple client matters , each
dismissal harmed the client , and the attorney had recently been publicly reprimanded for the dismissal of two other appeals due to neglect. Id. at21

286

– 87. W e considered the attorney’s severe back problems as a mitigating factor. Id. at 287.
In Wright , we public ly reprimand ed an attorney who failed to comply with appellate deadlines in a single client matter and fail ed to
dismiss his client’s appeal, instead allowing it to be administratively
dismissed. 758 N.W.2d at 230

– 31. W e found the attorney’s reliance on a default notice to dismiss the appeal after his client could not raise funds for the transcript was prejudicial to the administration of justice. Id

. at 231. However, we concluded this same conduct did not amount to neglect because the attorney was attempting to protect his client’s interests by allowing h er time to obtain funds for the transcript. Id. at
230. In crafting the proper sanction, we considered as aggravating
factors that the lawyer had over twenty

- five years of experience in the field, had been publicly reprimanded on one prior occasion, and that he had been privately admonished on two prior occasions. Id

. at 231. Finally, i n Tompkins , we public ly reprimand ed an attorney who neglected two client matters. 733 N.W.2d at 669

– 70

. In the first matter, the attorney neglected the client “ by failing to communicate with [ him ] and respond to his inquiries.” Id. at 669. In the second matter, the attorney allowed the client’s “ appeal to be administratively dismissed, neglecting his client, and wasting judicial resources. ” Id. In crafting the

proper sanction, we emphasized that little harm ultimately befell either
client beca use they were unlikely to succeed on their claims. Id. W e considered as an aggravating factor that the attorney had been publicly reprimanded on two prior occasions. Id. at 670.
We believe this case is distinguishable from Dolezal and Hoglan . I n those cases there were multiple instances of neglect , additional rule violations, and clients suffered harm

. See Dolezal , 796 N.W.2d at 92022 ( finding multiple instances of neglect, trust account violations , and harm
to a client ); Hoglan , 781 N.W.2d at 286 ( finding multiple instances of neglect and harm to clients ). Here, Weiland’s misconduct stems from
one instance in which he failed to meet appellate deadlines resulting in
the administrative dismissal of an appeal

. While we did find this conduct
violated two of our rules of professional conduct, the Board has not alleged , and we have not concluded, that Weiland’s conduct resulted in
any harm to the client

. Thus, Wright and Tompkins are closer parallels.
See Wright , 758 N.W.2d at 230 ( involving a single client matter and finding no harm to the client) ; Tompkins , 733 N.W.2d at 669 ( finding no harm to clients). Further, as in Wright , Weiland’s conduct did not amount to neglect. See Wright , 758 N.W.2d at 230 ( finding a failure to
dismiss an appe al did not amount to neglect). Accordingly, w e find these

cases most instructive in crafting the proper sanction.
F inally, in crafting the proper punishment we consider aggravating and mitigating factors. Conroy , 845 N.W.2d at 66. He re, several aggravating and mitigating factors warrant our consideration. We begin by addressing the aggravating factors. “ [ T ] he prior disciplinary history of an attorney is [ one ] factor we must consider

. . . . ” Parrish , 801 N.W.2d
at 589. “ In so doin g, we consider both prior admonitions and prior public discipline. ” Iowa Supreme Ct. Att’y Disciplinary Bd. v. Baldwin , 857 N.W.2d 195, 214 (Iowa 2014). “ Prior misconduct is more suggestive of increased sanctions when it involves the same type of conduct as the conduct currently subject to discipline. ” Id. Weiland has been subject to discipline on four prior occasions

. First, i n 2003 , the Board privately admonished Weiland for failing to respond to default notices in an appeal , ultimately resulting in i ts dismissal

. T his prior misconduct is an aggravating factor because it is23

similar to the misconduct in this case. See id. Also in 2003, we publicly reprimanded Weiland for failing to provide competent representation to a client in a probate matter. We do not consider this as an aggravating factor because of the age of this prior discipline and because it is
dissimilar to the miscon duct in this case. See Dolezal , 796 N.W.2d at
920 (declining to consider prior discipline as aggravating factor when prior violations “occurred many years ago” and were not “similar to [the attorney ] ’s more recent ethical lapses”). I n 2008, we publicly

r eprimanded Weiland for violating several of our ethical rules when he overstated mileage expenses for reimbursement s from the State Public Defender for his representation of indigent defendants in court appointed

matters. T his prior misconduct is an aggravating factor because it occurred more recently. See id. Finally , in January 2014, we temporarily suspended Weiland’s license to practice law when he failed to respond to a Board inquiry in this matter. We reinstated his license several days later, after he responded to the inquiry. We do not consider this most recent temporary suspension as an aggravating factor because we believe the temporary suspension we imposed was sufficient discipline for failing to respond to the inquiry. See id. at 921 ( concluding

“ temporary suspension was adequate discipline for failing to respond to the [B] oard’ s inquiry” )

. At the hearing , Wieland conceded that his notice

- of

- default track
record could be considered as part of our determination of an appropriate sanction. We consider his track record to be an aggravating
factor. We have previously recognized that using the clerk’s office as a private tickler system is unacceptable behavior for an attorney

. See
Curtis , 749 N.W.2d at 699 ( characterizing an attorn ey’s use of the clerk’s
office as a private tickler system as “deplorable”); Iowa Supreme C t . Att’ y24 Disciplinary Bd. v. Moonen , 706 N.W.2d 391, 400 (Iowa 2005) (disapproving an attorney’s use of the clerk’s office as a private tickler system ). Here, the record established that between 1998 and 2014 , Weiland received forty notices of default for failing to meet various deadlines in eighteen appeals. As confirmed by the deputy clerk, this is
an excessive number of default notices. However, we lessen our

c onsideration of this as an aggravating factor to an extent bec ause the
record also establishe d that Weiland received a large majority of these
notices of default much earlier in his career. In fact, Weiland received
th irty

- three of the forty notices of default between 1998 and 2007, and
from 2008 to 2010 Weiland received no notices of default. However , since 2011 Weiland’s use of the clerk’s office as a private tickler system
seems to have re e merge d , as evidenced by his receipt of seven notices of
default in five separate matters between 2011 and 2014

. W e are troubled by this recent trend . Consequently, we consider it as an aggravating factor. We turn now to the mitigating factors. First, the record does not suggest that any clients suffered harm in this case . We consider this a mitigating factor. See Ricklefs , 844 N.W.2d at 700 (consid ering lack of
harm to clients a mitigating factor)

. Second , Weiland ultimately took responsibility for his actions before the commission, admitted that he should have dismissed the appeal once he realized Pierce would be
unable able to obtain funds for the transcript, and expressed remorse for
his failure to do s o. This is also a mitigating factor. Id. (considering attorney’s taking responsibility for his actions as a mitigating factor ).
Third , Weiland test ified that in the future he will require clients to advance the necessary costs for an appeal prior to pro ceeding . Further,
he testified that if a client is unable to advance these costs after appeal,25

he will withdraw as counsel and dismiss the appeal rather than miss
deadlines and allow the appeal to be administratively dismissed. This is another mitigating factor. See Iowa Supreme C t

. Att ’ y Disciplinary Bd. v.
Thomas , 794 N.W.2d 290, 295 (Iowa 2011) (considering an attorney’s implementation of new office procedures to ensure compliance with
dead lines as a mitigating factor ). Finally, we note that Weiland maintains a law practice that allows persons of modest means to obtain

access to our court system at a modest rate

. “ Providing legal representation to an underserved part of the community is a significant mitigating factor. ” Taylor , 814 N.W.2d at 268

. The commission recommended we publicly reprimand Weiland for
his misconduct

. Having considered the particular circumstances in this case, and after our de novo review of the record, we agree wit h the
commission that a public reprimand is appropriate.
V
. Conclusion.
We publicly reprimand Weiland

. Costs are taxed to Weiland pursuant to Iowa Court Rule 35.27

. ATTORNEY REPRIMANDED
. All justices concur except Wiggins , J., who dissents.26

#15

– 0156 , Iowa Supreme Ct. Att’y Disciplinary Bd. v. Weiland
WIGGINS , Justice (dissenting).
Kenneth Weiland’s prior disciplinary record and his forty prior delinquency notices from the clerk of the supreme court require a thirty

day suspension.