Instead, it is enough that Aeilts made the false statements with a casual, reckless disregard for the truth. Marzen, 949 N.W.2d at 239 (quoting Muhammad, 935 N.W.2d at 28). A lawyer should not represent more than one client in a matter unless both consent after full disclosure by the lawyer. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. County Attorneys are answerable to the voters, not the Board, for their exercise of charging discretion. No. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. Arrange for another lawyer to be appointed to represent the client. Lawyers, like other professionals, sometimes make mistakes. WebAttorney Discipline Complaint Against a Lawyer As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. Iowa Sup. Copyright 2023, Thomson Reuters. If you believe that your lawyer is acting improperly in representing conflicting interests, you may file a complaint. The Boards primary objective is to ensure that attorneys within its jurisdiction are compliant with the Iowa Rules of Professional Conduct. 32:1.16(b)(1) and 32:1.16(d) (proper withdrawal). Others are not. The second incident giving rise to the Board's complaint against Aeilts occurred less than a month later on September 16, when Aeilts drove while intoxicated. The second is the Grievance Commission. Should the Board decide to file your complaint with the Grievance Commission, your testimony normally will be required at a hearing before the Grievance Commission. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. Fisher failed to complete various aspects of the discovery process and delayed hiring an appraiser to appraise a family farm. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. 21-0672 Case No. at 176 (recognizing that rule 32:3.3 is found in the Advocate section of the rules). v. Travis Autor, Regenerative Medicine and Anti-Aging Institutes of Omaha, LLC, and Omaha Stem Cells, LLC. The parties dispute whether Aeilts's conduct during his arrest for OWI violated rule 32:8.4(d) when he sent text messages to Assistant County Attorney Robinson. v. Haskovec, 869 N.W.2d 554, 560 (Iowa 2015). Most fee disputes do not involve ethics but rather a legal (contract) dispute to be resolved in the district court. Ct. Att'y Disciplinary Bd. Aeilts made several misrepresentations during his allocution on February 18, 2020: he told the court that he was not a criminal defense attorney, he had only handled two or three OWI cases, he had never handled any other criminal cases, he did not know the elements of harassment, he had never handled a harassment case, and he had never handled an assault case. Can you complain against the other persons lawyer? The second is the Grievance Commission. If the Board decides to impose a private admonition or recommend public reprimand, you will be so notified following a slight delay during which the lawyer is advised of the Boards decision. 21-0672: State of Iowa v. Royriguez Patterson Filed Jan 13, 2023 View Opinion No. 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. 22-1646 Case No. 21-0774 This led to more continuances and an order to show cause against Fisher. Although Cornelison was not his client, the incident arose from Aeilts's representation of a client. Under rule 32:8.4(d), It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice. Iowa R. Prof'l Conduct 32:8.4(d). Give documents and information to your lawyer promptly. Aeilts's assertions that he did not know alleging a threat of bodily harm was an indictable offense and that he did not intend for Cornelison to be charged with an indictable offense are also without merit. On July 6, the Board filed a motion for sanctions for failure to provide all of the requested trust account records, subaccount records, and notices of withdrawal of trust funds for each of the requested clients. No. Ct. Att'y Disciplinary Bd. 45.7(4) (notification of fee withdrawal). When assessing whether a lawyer has violated rule 32:8.4(b), we consider [t]he nature and circumstances of the act to determine if the commission of the criminal act reflects adversely on the attorney's fitness to practice law. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. Id. He has no prior discipline, which we also consider a mitigating factor, though we give this factor little weight because his misconduct began shortly after he was admitted to the bar. Iowa Sup. Fisher also admitted to one violation of rule 32:8.1(b) (failure to respond to disciplinary proceedings). We recognized that [l]awyers cannot be excused for false statements on the basis of a sloppy, or even casual, unawareness of the truth. Id. See Iowa Sup. During the phone call, Cornelison told Aeilts he was going to file an ethics complaint against him. If you believe your lawyer has lied to you (for example, to cover up neglect of your matter), you may file a complaint. The Iowa Supreme Court Attorney Disciplinary Board filed a complaint against the respondent, James S. Conroy, alleging he violated the Iowa Rules of Professional Conduct. WebAttorney Discipline Complaint Against a Lawyer As part of its responsibility to supervise lawyers and in the interest of promoting public confidence in the legal system, the Iowa Supreme Court has procedures for addressing complaints concerning alleged violations of the Iowa Rules of Professional Conduct. The court system and the public we serve are damaged when our officers play fast and loose with the truth. On April 27, 2021, the Board filed an ethics complaint against Aeilts alleging that Aeilts violated the following Rules of Professional Conduct: rule 32:8.4(b), based on Aeilts's criminal convictions for malicious prosecution and OWI; rule 32:8.4(c), based on Aeilts's misrepresentations to Officer Donelson concerning Cornelison's threats of physical violence and his separate misrepresentations about his professional experience during his sentencing allocution; and rule 32:8.4(d), based on Aeilts's misrepresentations that subjected Cornelison to criminal charges and his text messages to Robinson, the Assistant Marion County Attorney, related to his OWI charges. News Ask a Lawyer Question: Add details 120 Ask Question Find a Lawyer Lawyers - Get Listed Now! 22-1646 Decided: January 20, 2023 Waterman, J., delivered the opinion of the court, in which all justices joined. Later that day, Aeilts told Pella Police Officer Tim Donelson that Cornelison threatened to physically assault him during the telephone call. At no point during the three-minute-and-thirty-two-second audio recording did Cornelison make any threats that he was going to physically assault or harm Aeilts. We stated, [I]t does not appear that Ramey was attempting to deceive the court. Prior to being booked into the Marion County jail, Aeilts sent Assistant Marion County Attorney Mathias Robinson two text messages at 5:28 a.m. that read: Need help and 911. Aeilts knew Robinson socially and occasionally communicated with him by text message regarding cases. In addition to a clear, written statement describing the alleged unethical conduct, copies of important documents should be attached. Lawyers are forbidden to make intentionally false statements, either to their own clients or to others. WebDiscipline or remove a judicial officer for: Persistent failure to perform duties Habitual intemperance (excessive use of alcohol or drugs) Willful misconduct in office Conduct which brings judicial office into disrepute Substantial violation of judicial ethics. Curt N. Daniels, Chariton, A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. Commission on Unauthorized Practice of Law, Information for Current Shorthand Reporters, Judicial Branch Building and Courthouse Tours, Judicial Branch Building Media Interviews. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. He was clearly intoxicated during the incident as he later blew a .122. Such a system often produces different versions of the facts in lawsuits and a certain amount of hard feelings. His actions reveal a disrespect for the law and law enforcement. The number of violations across several ethics rules and aggravating circumstances warrants a lengthy suspension. Click here for the Board's current informational brochure. v. Axt, 791 N.W.2d 98, 102 (Iowa 2010)). On their face, there was nothing untoward about the messages. The Iowa Supreme Court Attorney Disciplinary Board brought a complaint against the respondent, John W. Gailey, alleging multiple violations of our ethical rules. Aeilts also misrepresented material facts to law enforcement when he reported to Officer Donelson that Cornelison threatened to physically assault him, seeking to press criminal charges for harassment and obtain a no-contact order. booklet to help you choose and work well with a lawyer. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. v. Sears, 933 N.W.2d 214, 225 (Iowa 2019) (recognizing that attorney's lack of prior discipline was considered a mitigating factor; however, it did not weigh heavily because the misconduct started five months after the attorney was admitted to the Iowa bar). 32:8.1(b) (responding in disciplinary proceedings). The commission granted the motion for sanctions. WebOral Argument Schedule. This is a review of an attorney disciplinary proceeding against the respondent, Scott D. Fisher, currently of Apex, North Carolina (formerly of Waukee, Iowa), an attorney admitted to practice law in Iowa since 2007. Iowa Sup. In Rhinehart, we determined that rule 32:3.3 target[s] only the conduct of an attorney while serving as an advocate representing a client. Id. v. Watkins, 944 N.W.2d 881, 893 (Iowa 2020). WebI. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. On October 26, 2020, the Board amended its complaint to reflect a removal of a count but maintained ethical violations occurred during the representation or interactions with Haylie Reiter, Michelle Curry, Dustin Hallett, J.H., A.H., and C.B.W., along with various trust account violations. Require a lawyer to return money or property to a client. Ct. Att'y Disciplinary Bd. 45.2(3)(c) (types of acceptable records for funds). WebIowa Supreme Court Attorney Disciplinary Board v. Michael D. Kozlik Annotate this Case Download PDF Search this Case Google Scholar Google Books Legal Blogs Google Web Bing Web Google News Google News Archive Yahoo! Fisher did not respond to a guardian ad litem's continuance motion and did not update A.H. on various aspects of the case. The parties are also bound by stipulated facts in reference to their subject matter and in light of the surrounding circumstances and the whole record. Nine, 920 N.W.2d at 828 (quoting Iowa Sup. WebOral Argument Schedule. Lawyers should represent their clients interests aggressively, which may involve relying on the clients version of the facts. Despite this uncertainty, he emailed J.H.s mother that he possessed an affidavit of service and he was going to terminate J.H.s parental rights at a hearing even though he later filed a continuance. at 65456. hired Fisher to terminate parental rights of C.B.W.s former spouse, J.M., with respect to her child L.M. After telling Officer Donelson about Cornelison's alleged threats, he specifically requested that harassment charges be brought against Cornelison. Whether Aeilts was requesting a simple misdemeanor harassment charge or an indictable harassment charge, he still made misrepresentations to the police with potentially serious criminal consequences for Cornelison. Aeilts's alleged inexperience provides no excuse for his violation of this rule. Inaccurately recalling a client's presence at a hearing two years prior is a far cry from inaccurately recalling one's own experience and the types of cases worked on. The law will make inferences as to a lawyer's knowledge with those considerations in mind. ; see also Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Appellee, v. Andrew Gatton AEILTS, Appellant. v. Willey, 965 N.W.2d 599, 605 (Iowa 2021). Moreover, much of the misconduct occurred after his last visit with his psychiatrist. The Iowa Supreme Court Grievance Commission recommends we suspend Aeilts's license for six months for his violations of Iowa Rules of Professional Conduct 32:8.4(b), 32:8.4(c), and 32:8.4(d). Iowa Sup. The charges involved client neglect, mishandling funds and trust accounts, revealing confidential information of former clients on the internet, false statements, frivolous filings, improperly withdrawing from a case, conduct prejudicial to justice, and failing to cooperate with the Board. Cases involving false statements have a wide range of sanctions. The Grievance Commission of the Iowa Supreme Court had recommended that the court revoke the Iowa law license of Sioux City lawyer Brien P. OBrien for his long history of disciplinary actions and his more recent neglect of a clients case. The Board cannot impose fines, imprison an attorney, obtain a financial settlement or reduction of fees, or change the outcome of a civil or criminal case. Here, Aeilts sought to have Cornelison prosecuted for harassment, having no reasonable grounds for believing he committed harassment; Aeilts's report caused law enforcement and prosecutorial resources to be diverted in an investigation; and Aeilts's conduct hampered the efficient and proper operation of the ancillary systems upon which the courts rely. Ct. Att'y Disciplinary Bd. Ct. Att'y Disciplinary Bd. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. See Iowa Sup. Please try again. A division of the Grievance Commission of the Supreme Court of Iowa filed a report recommending that we suspend Gailey's license to practice law in Iowa for thirty days. In lawsuits, disputes about the facts are resolved by the courts. At the time of his allocution, Aeilts had only been practicing for five years. We need not decide whether Aeilts intentionally misled the court. Later in the day, Robinson responded to Aeilts's texts asking, What's up? Aeilts responded with two more text messages: Made a mistake that'll be coming across your desk. Finally, Aeilts cooperated with the Board, which is a mitigating factor. Aeilts appealed. Contact us. After a hearing, a division of the Grievance Commission of the Supreme Court of Iowa found Conroy violated numerous provisions of our rules of No. In fact, it does the opposite. It is physically and operationally separate from the Attorney Disciplinary Board. Rule 32:8.4(c) bars a lawyer from engag[ing] in conduct involving dishonesty, fraud, deceit, or misrepresentation. Iowa R. Prof'l Conduct 32:8.4(c). All members are unpaid volunteers appointed by the Supreme Court. Iowa Supreme Court Attorney Disciplinary Board Respondent William Wayne Ranniger Attorney for the Complainant Allison A. Schmidt Attorney for the Respondent John C. Gray Supreme Court Oral Argument Schedule Non-Oral Sep 15, 2022 9:30 AM Supreme Court Opinion Opinion Number: 22-0796 Date Published: Oct 14, 2022 The commission's report recommended that we suspend Fisher's license to practice law for one year. Click here for the Board's current informational brochure. In 1998, the Iowa Supreme Court Attorney Disciplinary Board admonished OBrien for advertising specific, primary practice areas of personal injury law, automobile accidents, work accidents, and slip-and-fall accidents without having filed a certificate of eligibility as to those areas of practice. State of Iowa, ex rel., Thomas J. Miller, Attorney General of Iowa. Specifically, Aeilts misrepresented facts to law enforcement and to the court during two separate incidents. Recognizing the potential for someone to not have perfect recollection of an event, we remarked that the inability of a person to accurately recall an event does not necessarily lead to the conclusion that the person's inaccurate recollection is an expression of dishonesty or deceit. Id. Based on these violations, the commission recommended a suspension of one year. Introduction. We also stress that the misconduct impacted children through custody modification or termination actionspractice areas which Fisher held out as being his expertise. Recent Iowa ethics opinions and orders suggest the following areas in which Iowa lawyers are more likely to experience difficulty, and prompt the following advice: The attorney disciplinary process in Iowa involves two separate entities. McGinness only admitted his actions after the district court granted the opposing counsel's motion for discovery sanctions to the tune of $7,500. Stay up-to-date with how the law affects your life. Ct. Att'y Disciplinary Bd. We conclude Fisher's mental health issues are not a mitigating circumstance. The parties agreed that Aeilts violated rule 32:8.4(b) and rule 32:8.4(d) with respect to the Malicious Prosecution charge, but Aeilts argued his actions did not violate rule 32:8.4(c) and his texts to Robinson did not violate rule 32:8.4(d). A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. But Aeilts's conduct was not limited to a three-week timeframe; Aeilts misrepresented his professional experience to the court during his allocution over a year after he made the false police report. Instead, we take into consideration the totality of facts and circumstances in each case. v. McCarthy, 814 N.W.2d 596, 611 (Iowa 2012) (imposing a two-year suspension for neglect, trust account violations, withdrawal, and other violations). Ct. Att'y Disciplinary Bd. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. We considered several mitigating factors including: his lack of disciplinary history, community service, remorse, cooperation with the Board, and that it was an isolated incident. Iowa Sup. IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD, Complainant, v. Curt N. DANIELS, Respondent. An attorney's casual, reckless disregard for the truth also establishes sufficient scienter to support a violation of the rule. Iowa Sup. The Attorney Disciplinary Board receives the initial complaint of unethical conduct by Iowa attorneys. We suspend Andrew Aeilts's license to practice law with no possibility for reinstatement for six months. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. v. Stoller, 879 N.W.2d 199, 212 (Iowa 2016) (quoting 7A C.J.S. C. Iowa Rule of Professional Conduct Rule 32:8.4(d). Click here for the Board's current informational brochure. If it determines the violation was of a more serious nature, it may recommend a public reprimand to the Supreme Court or the Board itself may become the complainant in a proceeding before the Grievance Commission. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. This could result in a public reprimand or a Court order suspending or revoking the lawyers license. Lawyers are expected to meet high professional standards set forth in rules adopted by the Iowa Supreme Court. Considering Retiring From The Practice of Law? at 57172. See Iowa Sup. He maintains a private law practice with his wife in Pella, Iowa. Many problems can be prevented if you know what to expect from lawyers and how to deal with lawyers. About how much will it cost? at 68283. Ct. Att'y Disciplinary Bd. Curt N. Daniels, Chariton, Curt N. Daniels, Chariton, We consider these cases in assessing an appropriate suspension in this case. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. See Iowa Sup. An attorney only need to have made a false statement to a court with the aim to mislead to violate the rule, Iowa Sup. We give each of these cases their due weight. v. Stowers, 823 N.W.2d 1, 717 (Iowa 2012) (suspending a lawyer's license for ninety days after he sent emails to his wife's former employer threatening to expose confidential information in violation of a protective order in an attempt to get her former employer to make a large cash donation to a charity in his wife's name); Iowa Sup. at 466. Upon our de novo review of the record, we suspend Aeilts's license for six months. 32:1.15(c) (withdrawal of fees when earned), 32:1.15(d) (prompt delivery of accounting). 21-0774 Our decision in Iowa Supreme Court Attorney Disciplinary Board v. Rhinehart, 827 N.W.2d 169 (Iowa 2013), defeats Aeilts's position. by April 5, 2020. Donelson contacted Cornelison during his investigation. On May 21, the commission granted the motion and ordered Fisher to provide documents related to the request within fourteen days of the order. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Fisher made it difficult for Hallett's new attorney to obtain independent documentation about the trust account funds for Hallett and Hallett's client file. Ct. Att'y Disciplinary Bd. In total, the second substituted and amended complaint alleged approximately fifty individual violations across twenty separate ethics rules during the representation of six different clients. It can initiate an investigation or disciplinary action on its own or by a complaint filed by someone else. This misconduct amounted to a concerning amount of continuances, contempt charges, and the hiring of several new attorneys. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Fisher took daily medication of Prozac and Xanax. Ct. Att'y Disciplinary Bd. at 65758. [F]or purposes of attorney discipline, offenses against common honesty should be clear even to the youngest lawyers Iowa Sup. Tara van Brederode, Allison Schmidt, and Alexis Grove, for complainant. v. Johnson, 884 N.W.2d 772, 777 (Iowa 2016)). (quoting Iowa Sup. so that C.B.W.s current spouse could adopt L.M. The Iowa Supreme Court Attorney Disciplinary Board (Board) charged an Iowa attorney, Scott D. Fisher, with numerous violations of the Iowa Rules of Professional Conduct during the representation of multiple clients. Upon our de novo review of the record, we suspend Fisher's license for one year. No. A. Haylie Reiter. It also has 35 lay members. 21-1799 Decided: May 13, 2022 Oxley, J., delivered the opinion of the court, in which all justices joined. Get a free directory Ct. Att'y Disciplinary Bd. WebThe Iowa Supreme Court Attorney Disciplinary Board ("ADB" or "Board") is authorized and created by the Iowa Supreme Court in Court Rule 34.6. After the Iowa Supreme Court Attorney Disciplinary Board (Board) filed a complaint against the attorney, the parties reached a stipulation of facts, violations, and sanctions. Therefore, we agree with the commission's and the Board's recommendations that Aeilts's license should be suspended for six months. Write to confirm all important understandings. Only flagrant abuses will result in discipline and usually only after a court has ruled on the matter. and J.B.W. Aeilts pleaded guilty to the Operating While Intoxicated Charge on June 13, 2019, and the court granted a deferred judgment on July 26. In fact, Robinson did not work on the case at all. What are the unpredictable factors? Most complaints are filed by clients, but this is not a requirement. v. Johnson, 774 N.W.2d 496, 499, 501 (Iowa 2009) (per curiam) (suspending lawyer's license for six months for third offense OWI), overruled in part by Templeton, 784 N.W.2d at 768; Weaver, 812 N.W.2d at 13, 16 (suspending lawyer's license for two years for second offense OWI and harassment in the third degree). Lastly, it can file complaints with the Grievance Commission. Pursuant to Iowa Court Rule 35.11(2), the Iowa Supreme Court Attorney Disciplinary Board was granted permission to appeal from the findings and recommendations of the Grievance Commission concerning alleged disciplinary rule violations by the respondent attorney. Donelson asked Aeilts if he had a recording of the conversation. They then issue a Finding of Fact and Recommendation of Sanction. v. Turner, 918 N.W.2d 130, 15354 (Iowa 2018). When your complaint is received, it is reviewed to see whether or not an investigation is warranted. Ct. Att'y Disciplinary Bd. Cornelison denied making any threats against Aeilts and provided a recording of the conversation as proof. A relatively inexperienced Iowa attorney had too much on his plate and, as a result, missed court deadlines and appearances. See Iowa Sup. Ct. Att'y Disciplinary Bd. Aeilts had represented clients in at least twenty-two criminal cases beginning in 2015, rather than just two or three OWIs as he stated. Aeilts must comply with the notification requirements to his clients in Iowa Court Rule 34.24. v. Kieffer-Garrison, 951 N.W.2d 29, 38 (Iowa 2020) (holding the court generally subjects attorneys who actively disregard this fundamental baseline [of honesty] to sanctions ranging from six-month license suspension to revocation); Beauvais, 948 N.W.2d at 518 (suspending lawyer for three months for falsely claiming to the court and opposing counsel that his client had accepted a settlement and misrepresenting to his client that she would be punished by the court if she did not sign the settlement agreement). We suspended Wheeler's license for six months. See McGinness, 844 N.W.2d at 46364. Fisher's posttrial brief and brief regarding sanctions asked us to consider his mental health issues in determining an appropriate sanction. Not appear that Ramey was attempting to deceive the court, in which all justices joined us consider... Of this rule Schmidt, and Alexis Grove, for Complainant Appellee, v. Andrew Gatton Aeilts,.... Lawyer to be resolved in the day, Robinson did not work the... Waterman, J., delivered the opinion of the court, in which all justices.! Be attached 920 N.W.2d at 828 ( quoting Iowa Sup is received, it is physically and operationally from. Fisher also admitted to one violation of this rule return money or to... For their exercise of charging discretion 45.7 ( 4 ) ( 1 ) and 32:1.16 ( d ) ( of... You believe that your lawyer is acting improperly in representing conflicting interests you! Iowa rules of Professional Conduct private law practice with his wife in Pella, Iowa admitted one! Robinson socially and occasionally communicated with him by text message regarding cases 4 ) ( c ) bars lawyer., 918 N.W.2d 130, 15354 ( Iowa 2018 ) the three-minute-and-thirty-two-second audio did... Ensure that attorneys within its jurisdiction are compliant with the Grievance commission across your desk, J.. 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