Reuben Neff v. Iowa Supreme Court Attorney Disciplinary Board

Reuben Neff is a licensed attorney and a member of the State of Iowa bar. While he was the elected chief prosecuting attorney for Wapello County Iowa, he made statements—within in the confines of his office—that were deemed by the Iowa Supreme Court Attorney Disciplinary Board to be in violation of the Iowa Rules of Professional Conduct’s prohibition of sexual harassment. Mr. Neff’s statements included wishing violent acts and prison rape to criminal defendants he was prosecuting, occasionally referring to judges as “bitches” following unfavorable rulings, referring to another judge as a “limp dick” following an acquittal, referring to his predecessor as a gay slur on one occasion, retelling a college story where he stated that he observed another man’s “penis,” and on one instance, making a “That’s what she said” joke in reference to a running joke from the television show “The Office.” Each of these statements were only made to his attorney and administrative staff outside of a courthouse setting. The Iowa Supreme Court found that Mr. Neff’s speech was in violation of the Iowa Rules of Professional Conduct and determined that Mr. Neff’s statements were not entitled to protections under the First Amendment. The question presented is whether an attorney’s out-of-court speech, which is deemed to be in violation of state attorney disciplinary rules, is entitled to protection under the First Amendment. (i)