High court lowers discipline for former county attorney
Apr. 12—OTTUMWA — While he has since resigned as Wapello County Attorney for a job in the private sector, Reuben Neff's license will remain intact after the Iowa Supreme Court ruled proposed punishment by the state's attorney disciplinary board was too harsh.
Neff had been found in violation of an ethical rule prohibiting sexual harassment over comments that occurred within his office. The Iowa attorney disciplinary board had recommended a sixty-day license suspension as a result.
The Iowa Supreme Court heard oral arguments in October, and on Friday published an opinion that upheld a rule violation occurred, but removed the suspension element of punishment. Instead, Neff will receive a public reprimand, the lowest level of formal disciplinary action to an attorney.
Many of the comments outlined in filings with the commission were also included in a battle by a former employee over unemployment benefits that were challenged. That former employee, Tanvi Yenna, also filed a complaint with the commission to initiate the disciplinary process for Neff.
Many of the statements have been acknowledged by Neff as having been said. He has argued the statements in question do not arise to the level of requiring disciplinary action, asserting either free speech rights or instances where additional context made Neff's original meaning clearer. The Iowa Supreme Court ruled that Neff's speech was not constitutionally protected.
The stipulated comments ranged from derogatory language aimed at judges, or hopes that something bad would happen to criminal defendants. Among the stipulated facts of the case, in which both Neff and the commission agree, are that the current staff of the attorney's office feel the office dynamics are the best they've been in a number of years.
An administrative law judge ruled for the county in Yenna's dispute over unemployment benefits, which first brought Neff's comments to the public eye. In the administrative judge's ruling, he found that Yenna had not properly notified the employer about unacceptable conditions.
"We cannot say that any one of these statements, standing alone, would be sufficient evidence to violate [conduct rules], but Neff's conduct, when taken as a whole, objectively interfered with and caused harm in the workplace," the Iowa Supreme Court's decision, written by Justice Christopher McDonald, read. All justices joined in the opinion, besides Chief Justice Susan Christensen and Justice Edward Mansfield who took no part in the case's decision.
The Wapello County Board of Supervisors accepted Neff's resignation as county attorney in March, appointing first assistant attorney Steviee Grove to the post. Neff said he left for a position at a private firm in Des Moines.
Kyle Ocker is the editor of the Ottumwa Courier and the Oskaloosa Herald. He can be reached at kocker@ottumwacourier.com. Follow him on X, formerly Twitter, and on Threads @Kyle_Ocker.
