Iowa Court Sends Message: Domestic Violence Requires Suspension

The Iowa Supreme Court affirmed findings of misconduct but rejected public reprimand in favor of a 60-day suspension

In this disciplinary action, the Iowa Supreme Court Attorney Disciplinary Board (the Board) charged an Iowa attorney with violation of disciplinary rules: misconduct arising out of assault and child endangerment and, separately, failure to exercise reasonable diligence in responding to discovery requests, timely comply with court orders, and timely prepare a stipulation. On a stipulated record, the Iowa Supreme Court Grievance Commission (commission) found that Bixenman violated the ethics rules as charged by the Board. As a result of the violations, the commission recommended a public reprimand. On our de novo review, we agree with the commission that ethics rules were violated but conclude that Bixenman’s license to practice law should be suspended for sixty days.

The offense

The misconduct claim in this case arose out of a domestic conflict that occurred at Bixenman’s home on January 9, 2020. According to the parties’ stipulation, at about 10 p.m., Bixenman and his wife got into a shouting match in their bedroom about chores. The screaming was so loud that two children aged 13 and 11 came to check on the welfare of their mother. The older child thought Bixenman was about to assault his mother and he jumped on Bixenman. Bixenman pushed this child to the floor. Bixenman then realized that the younger child was filming the incident on her cell phone. When Bixenman ran toward the younger child to stop the filming, her older sibling came to her defense and confronted Bixenman. Bixenman “threw or pushed” the older child to the ground, who hit his head on a door frame and suffered a welt on his head. The children stated that Bixenman pushed their mother, grabbed a picture frame, and threatened to hit her with it.

The police were called and Bixenman was arrested.

The case resulted in a deferred prosecution agreement.

Mitigation

In his pro se brief, Bixenman highlighted a long history of depression and anxiety beginning in his college years. He served nine years in the Iowa Army National Guard, including deployment in Iraq, Saudi Arabia, and Kuwait. Although he has not been diagnosed with post-traumatic stress disorder or service-related issues, Bixenman states that he had counseled about those mental health issues. Bixenman states that for a year and a half prior to the domestic assault incident he was seeking mental health treatment but had difficulty accessing various providers because of conflicts, relocation, termination of employment, and death. After calling the Iowa Lawyers Assistance Program, Bixenman found a treating physician. But Bixenman believes the medication prescribed by his physician had a negative effect on his anger and agitation. He asserts that after the domestic assault incident he received genetic testing and is now taking beneficial medications.

Following his arrest, Bixenman observes that his law partners of twenty-three years told him they no longer wanted to be associated with him. He left that practice and rented an office from a Sioux City practitioner, Donald Molstad. When Molstad tragically passed away, Bixenman took over the practice. Bixenman states he was able to keep the law office running and pay employees their normal salaries, but that his family lives month to month. Bixenman asserts a suspension would impose further hardship on his family—the primary victims of his misconduct. He notes that with respect to his family, “the embarrassment and hardship of having your husband and father led off in handcuffs, placed in jail, slathered all over social media, losing his job, and barely being able to make ends meet” is more than they should have to bear. As a result, Bixenman urges that the sanction in the case should be a public reprimand.

The court

we recognize the mitigating factors in this case. We note that Bixenman has attended to his mental health issues and has been an activen participant in the Woodbury County Veterans Treatment Court. He certainly has accepted responsibility for his actions and cooperated fully with the Board in this matter. Yet we wish to send a clear message to lawyers and to the public that acts of domestic violence and child endangerment are simply not acceptable in the legal profession. We thus conclude that Bixenman’s license should be suspended for sixty days. Our decision to suspend Bixenman’s license for sixty days is reinforced by the unacceptable lack of reasonable diligence in the divorce matter.

(Mike Frisch)