Declaration and Evidence of Attorney Misconduct — Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD 

COMES NOW Pro Se Michael J. Merritt for Complainant Cipher Hunter, in this matter before the Iowa Supreme Court Attorney Disciplinary Board. Respectfully requesting review of the below testimony and evidence in accordance with Iowa Rules of the Court Chapter 32 and 35.

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I. PARTIES

1. Petitioner, Cipher Hunter, is a civic transparency and records research initiative focused on the protection of civil liberties and governmental accountability registered in Marshall County, Iowa, and managed by Michael J. Merritt. Mr. Merritt is a retired U.S. Navy veteran, information warfare specialist, and public records’ researcher. He is also an advocate for domestic violence survivors, individuals living with mental health disabilities, and veterans affected by military sexual trauma (MST).
2. Respondent, Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith, is a Public Service Manager 2 within the Iowa Civil Rights Commission.

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II.  CAUSE OF ACTION

1. 32:8.4(d) — “engage in conduct that is prejudicial to the administration of justice;” — Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith allegedly failed to release the case file for CP#10-23-80682 despite receiving the “Request for Administrative Release (Right-to-Sue)” declaration. (See Attachments 8, 9, 10, 12, and 14).
2. 32:8.4(d) — “engage in conduct that is prejudicial to the administration of justice;” — Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith allegedly misrepresented available public records and failed to release the requested public records (See Attachments 11 and 13).
3. 32:4.4(a.) — “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” — Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith allegedly failed to release the case file for CP#10-23-80682 despite receiving the “Request for Administrative Release (Right-to-Sue)” declaration. (See Attachments 8, 9, 10, 12, and 14).
4. 32:4.4(a.) — “In representing a client, a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person.” — Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith allegedly misrepresented available public records and failed to release the requested public records (See Attachments 11 and 13). 
5. 32:8.4(a.) — “violate or attempt to violate the Iowa Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;” — This complaint alleges Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith has engaged in conduct supporting four distinct violations of the Iowa Rules of Professional Conduct as supported by the testimony and evidence within this complaint.

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III. FACTS AND BACKGROUND

The Complainant communicated on 01 MAY 2025 (See Attachment 8, Electronic Mail — Michael J Merritt — 01 MAY 2025 — 1815) his intention to investigate the evidence supporting the Iowa Civil Rights Commission’s failure to properly implement Iowa Code §§ 216.5(1) and 216.5(3) which mandate prompt and impartial investigation of civil rights complaints during case  CP#10-23-80682.  The timeline of evidence submitted within this complaint supports the Iowa Civil Rights Commission’s alleged failure to properly locate and release requested public records as required by Iowa Code Chapter 22 and release the requested case file for CP#10-23-80682 pursuant to Iowa Code § 216.5(17).

Timeline of Events

Each of the following events corresponds to a documented attachment and supports the foundation for the alleged Iowa Rules of Professional Conduct violations outlined in Section II.

1. 11-12 JUL 2023 – On 11 JUL 2023, Iowa Public Information Board Executive Director Erika Eckley communicated, “His emails are getting more and more prolific (maybe I just had a reprieve for a couple months) and quite frankly, I have some cyber security concerns with his links and attachments.  I especially worry about this database he is building which sounds like he is trying to be able to search all of the electronic records for all these entities or that it could create some security risks if he collects information about where and how records are stored online.  I don’t know if he is capable of collecting such information or if this is part of some of his mental health issues.”  On 12 JUL 2023, Iowa Public Information Board Chairman Julie Pottorff communicated, “I think it’s probably related to mental health issues.  But you might call the Department of Public Safety and ask to talk to someone about your concerns.  Someone in that department should be able to give you advice about dealing with him and should know whether any investigation into his activities is warranted.  If investigation is warranted, the Department of Public Safety should handle it.”  (See Attachment 1, Electronic Mail – Iowa Public Information Board – Combined – 11-12 JUL 2023 – 1458).
2. 13-14 JUL 2023 – On 13 JUL 2023, Iowa Public Information Board Executive Director Erika Eckely communicated to the Iowa Department of Public Safety, “I am uncertain if this is the appropriate division or if there is a better place to reach out for some assistance, so please let me know if there is.  Michael Merritt communicates almost on a daily basis with IPIB in the fashion similar to below. (This is actually much shorter and lucid than most.) I have some cyber security concerns with his links and attachments. I especially worry about this database he says he is building which sounds like he is trying to be able to search all of the electronic records for all these entities or that it could create some security risks if he collects information about where and how records are stored online. I don’t know if he is capable of collecting such information or if this is part of some of his mental health issues. He has said that he had extensive computer and networking experience in the Navy. I do know that he makes prolific requests to cities and counties and many requests address emails and information related to their email systems, so it is possible he is gathering information that would be useful for such purposes. IPIB does not seem to have any authority or ability to address anything like this, so I am asking for any guidance or assistance you can provide on what limits we should put to ensure protection for government entities. It is possible that this is not anything that I need to worry about, if so, please let me know that as well. Thank you for any assistance or direction you can provide.”  On 14 JUL 2023, State of Iowa Criminal Intelligence Analyst Nicole Roberts communicated to Iowa Public Information Board Executive Director Erika Eckley, “Good Morning – The below email was received. We have shared this information with OCIO and the Iowa State Patrol for their awareness. Cyber related concerns can be directed to can be directed to OCIO also in the future: https://ocio.iowa.gov/ Thanks, Nikki” (See Attachment 2, Electronic Mail — Nicole Roberts – 14 JUL 2023 – 1103).
3. 20 JUL 2023 – Iowa Public Information Board 20 JUL 2023 Public Meeting (See Attachment 3, Chest Camera – Iowa Public Information Board Public Meeting – 20 July 2023).
4. 08 AUG 2023 – Iowa Public Information Board Executive Director Erika Eckley communicated to the State of Iowa Chief Information Officer, “I am not certain if this is anything that you all can address or need to address, but I have ongoing concerns regarding the activity from Mr. Merritt. I sent some information to public safety, but they suggested I contact OCIO. Mr. Merritt is making 1000s of records requests to government entities. He has a right to do that. The concern I have is that he has stated that he wants to develop a database of the government email systems etc. I know he is prolific in his postings online, and I am not sure how much information he has gathered or what he has posted that could potentially create risks and vulnerabilities to government entities. He continues to tout his military training in data security, so I am certain he is able to pull quite a bit of information from his requests. I have concerns about the scope of what is being collected and potential harm that could be done if there is a database that shares information that could be useful to others to harm these government systems if bad actors were able to use the information to insert malware or ransomware. If there is no concern, then please let me know. If there is concern, then any recommendations you have to assist in educating entities about how to respond to requests for emails and data information or what to retain for security would be much appreciated. Thank you for your time.”  (See Attachment 4, Electronic Mail – Iowa Public Information Board Executive Director Eckley – 08 AUG 2023 — 1551).
5. 22 AUG 2023 – Iowa Public Information Board Executive Director Eckley communicated, “The Iowa Public Information Board is not able to accept any of the 35 complaints filed at 3:48 a.m. on August 11, 2023.  In reviewing the seemingly auto-generated and batched complaints, there is no evidence that any government entity has refused to comply with the request as made.  There is also no evidence that the requests have even be received by the entities.  You have withdrawn your complaints against the Iowa Department of the Blind and the Iowa Secretary of State’s office, the remaining 33 complaints are dismissed as failing to allege a violation of Iowa Code Chapter 22.” (See Attachment 5, Memorandum – Iowa Public Information Board Executive Director Erika Eckley – 22 AUG 2023).
6. 15 SEP 2023 – “Erika Eckley, the board’s executive director, told the committee the proposed legislation is intended to address what she called “excessive and abusive” requests for information. ”, “We’ve had some issues with individuals filing hundreds of requests and engaging in abuse – what many would consider abusive and harassing conduct related to those,” Eckley told the committee. “And so looking at it there’s not a lot that individuals can do if they’re in that situation. There’s very little that they can do other than to continue to just take the harassment and continue to have to review the information from that individual to make sure they are complying with their (Open Records Law) requirements.”, “I’m not sure if it’s 100 for one specific agency, but there have been hundreds sent out by — across the state — quite extensive,” she said. She added that she has “become aware of an individual basically automating across all counties, all school boards, all cities, and such, seeking extensive records and then the communications after that can be quite abusive and harassing.”, “Eckley declined to identify the person who is making the “automated” requests and abusive comments, although she acknowledged the records requests are, themselves, considered to be public documents in Iowa”, “I don’t feel comfortable sharing the individual’s name,” she said. “This isn’t just one person, but this is — I mean, it was brought up because of that situation, but this is, I don’t believe this is a one-person issue.”, “She said the proposed legislation was composed at her own initiative and that no city, county or state officials had suggested she draft such a bill. “I brought up the potential issue to look at as something within our scope if there’s issues within the public records for our board to look at and consider if there’s anything we need to do or not,” she said.”, “When asked about that at Friday’s meeting, Eckley said the issue before the board has more to do with “the conduct” of the people requesting the records than with the requests themselves. “I guess that the purpose (of the draft legislation) is to look at if there are ways that we can prevent front-line employees from significant harassing behavior or other things that make it so that they’re not able to do the job, their main job for government,” she said. “It’s not to prevent individuals from filing requests. It’s to address those extreme cases.” (See Attachment 6, News Article – Iowa Capital Dispatch – 15 SEP 2023).
7. 22 SEP 2023 – “A Navy veteran who says he has PTSD is the man responsible for triggering proposed new restrictions on Iowans’ access to government documents.”, “The individual, Michael J. Merritt of Newton, calls himself “Cipher Hunter” and describes himself as a “creative writer/musician and information warfare specialist.”, “He wrote to one state official earlier this year and explained that he had “been diagnosed with post-traumatic stress disorder related to multiple false allegations of criminal conduct going back to January 2017.”, “Last month, he filed almost three dozen complaints with the Iowa Public Information Board, each alleging violations of Iowa’s Open Records Law. Merritt’s actions prompted IPIB’s executive director to urge the board to take action, calling it a “potential immediate crisis” that could quickly consume all of IPIB’s resources by forcing the board to investigate each of Merritt’s complaints.  Within days, IPIB quickly rejected all of Merritt’s complaints, but then began considering proposed legislation that would enable state agencies, as well as Iowa’s cities, counties and school districts, to ignore for up to one year any public-records requests generated by individuals deemed by the board to be the work of a “vexatious requester.” IPIB Executive Director Erika Eckley has said that while the proposed bill was prompted by the actions of one individual, she believes it’s not “a one-person issue” in Iowa. The Iowa Capital Dispatch was unable to reach Merritt for comment.”, “Some board members have already expressed reservations with the proposal, noting that government agencies can pursue harassment charges or seek injunctive relief through the civil courts.”, “In July, Merritt sent Eckley an email with the subject header “The Form of the Flying Dutchman,” announcing his plans to donate to the state a database he had created showing where all state and local government agencies electronically store and preserve public documents. In the email, which was copied to dozens of other public officials, Merritt said he had compiled the database while being treated for PTSD.”, “Pottorff responded by indicating Merritt’s actions were “probably related to his mental health issues” and suggested Eckley consult with the Iowa Department of Public Safety.”, “Days later, Eckley wrote to the state’s Office of Chief Information Officer to express “ongoing concerns regarding the activity from Mr. Merritt.” Eckley wrote that “Merritt is making 1000s of records requests to government entities. He has a right to do that. The concern I have is that he has stated he wants to develop a database of the government email systems, etc.” She wrote that she was concerned about the “potential harm that could be done if there is a database that shares information that could be useful to others to harm these government systems if bad actors were able to use the information to insert malware of ransomware.”, “At one point he told me he was going to develop a database of information to make request to government entities easier – particularly how they store emails,” Eckley told the board members. “I am not sure his actions are meant to be a cybersecurity threat, but he could be creating information that others could use for attacks.” She warned of a “potential immediate crisis” that would have a direct impact on her own office, which works to resolve disputes over public-records requests. “This has ballooned into something that could consume all of the IPIB resources … if we have to open a complaint for every allegation he makes in regards to his voluminous and indecipherable requests.” (See Attachment 7, News Article – Iowa Capital Dispatch – 22 SEP 2023).
8. 01 MAY 2025 – Michael J. Merritt communicated to the Iowa Civil Rights Commission, “Attached is the requested declaration.”, “The people of the State of Iowa deserve to live in a world that acknowledges their grievances regarding evidence of discrimination that violates Iowa Code Chapter 216.  Suppose the evidence indicates this board fails to manifest proper civil rights protections within the State of Iowa.  In that case, I will lawfully work to see that they have it.  Please provide the names and positions, including the executive director, of all personnel within the Iowa Civil Rights Commission who handled my complaint and are licensed by the Iowa Court.“ (See Attachment 8, Electronic Mail – Michael J Merritt – 01 MAY 2025 – 1815).
9. 13 MAY 2025 – Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith communicated to Michael J. Merritt, after being electronically provided a copy of the “Request for Administrative Release (Right-to-Sue),” “The Iowa Office of Civil Rights has received your records request filed May 1, 2025.  As an initial matter, under Iowa Code section 216.15(5), the civil rights commission is prohibited from disclosing the filing of civil rights complaints, as well as information connected to those complaints. Therefore, members of the public are not able to access the agency’s case files through open records requests.  However, as a person who has filed a complaint, you are able to get a copy of your own case file outside of the open records process. To do this, you would need to request a right to sue letter and copy of your case file by emailing those requests to icrc@iowa.gov or by responding to me making that request. There is no cost for obtaining a digital copy of your case file.” (See Attachment 9, Electronic Mail – Kaitlin Smith – 13 MAY 2025 – 1537).
10. 05 JUN 2025 – Michael J. Merritt communicated to Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith, “I would like to respectfully redirect your attention to my 01 MAY 2025 electronic mail below that included the requested declaration for my case against the Iowa Public Information Board.  I am also requesting to know if my case against Poweshiek County, IA, also qualifies for a right to sue declaration submission.  Suppose it does qualify in that case; please provide the required case number information so I can prepare a right to sue letter for that case as well.” (See Attachment 10, Electronic Mail – Michael J Merritt – 05 JUN 2025 – 1754).
11. 05 JUN 2025 – Michael J. Merritt requested the Iowa Civil Rights Commission provide individual electronic mail copies of a nine section email public records request thread sent to various State and local government bodies during 2024 (including the Iowa Civil Rights Commission).  This request included a copy of the record provided by the Iowa Public Information Board in a previous records request verifying the State of Iowa has a copy of the requested record.  The Iowa Civil Rights Commission was requested to provide this record because the Complainant in this case has experienced nothing but evidence of discrimination, criminalization, and unethical conduct not consistent with the Iowa Rules of Professional Conduct from the Iowa Public Information Board.  (See Attachment 11, Electronic Mail – Michael J. Merritt – 05 JUN 2025 – 1812).
12. 06 JUN 2025 – Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith communicated to Michael J. Merritt, “I responded to your request on May 13, 2025. Please let me know if you would like me to resend that response to you.  The complaint you filed against Poweshiek County is CP# 07-24-82277, and you have until 1/30/2027 to request a letter of right-to-sue.” (See Attachment 12, Electronic Mail – Kaitlin Smith – 06 JUN 2025 – 0840).
13. 06 JUN 2025 – Iowa Civil Rights Commission Regulatory Compliance & Administrative Process Manager Kaitlin Smith communicated to Michael J. Merritt, “Based on my review of your email and attachment, the Iowa Office of Civil Rights does not have any responsive records. If you would like to make a more specific request, I would be happy to review it.” (See Attachment 13, Electronic Mail – Kaitlin Smith – 06 JUN 2025 – 1313).
14. 06 JUN 2025 – After evidence of numerous delays and misrepresentations of available public record by the Iowa Civil Rights Commission.  The Complainant initiated the drafting and submission of legal documents in accordance with the Iowa Rules of Professional Conduct regarding the evidence of delay an unnecessary burden imposed by the Iowa Civil Rights Commission.  (See Attachment 14, Electronic Mail – Michael J. Merritt – 06 JUN 2025 – 1521).

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IV. ATTACHMENTS

1. Electronic Mail – Iowa Public Information Board — Combined – 11-12 JUL 2023 — 1458
2. Electronic Mail — Nicole Roberts — 14 JUL 2023 — 1103
3. Chest Camera – Iowa Public Information Board Public Meeting – 20 July 2023
4. Electronic Mail — Iowa Public Information Board Executive Director Eckley — 08 AUG 2023 — 1551
5. Memorandum — Iowa Public Information Board Executive Director Erika Eckley — 22 AUG 2023
6. News Article — Iowa Capital Dispatch — 15 SEP 2023
7. News Article — Iowa Capital Dispatch — 22 SEP 2023
8. Electronic Mail — Michael J Merritt — 01 MAY 2025 — 1815
9. Electronic Mail — Kaitlin Smith — 13 MAY 2025 — 1537
10. Electronic Mail — Michael J Merritt — 05 JUN 2025 — 1754
11. Electronic Mail — Michael J. Merritt — 05 JUN 2025 — 1812
12. Electronic Mail — Kaitlin Smith — 06 JUN 2025 — 0840
13. Electronic Mail — Kaitlin Smith — 06 JUN 2025 — 1313
14. Electronic Mail — Michael J. Merritt — 06 JUN 2025 — 1521

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V. ANALYSIS

Despite clear email documentation from May and June 2025, Kaitlin Smith has repeatedly denied receiving the “Request for Administrative Release (Right-to-Sue)” declaration (See Attachments 9 — Electronic Mail — Kaitlin Smith — 13 MAY 2025 — 1537 and Attachment 12 — Electronic Mail — Kaitlin Smith — 06 JUN 2025 — 0840), even though Attachments 8 — Electronic Mail — Michael J Merritt — 01 MAY 2025 — 1815 and 10 — Electronic Mail — Michael J Merritt — 05 JUN 2025 — 1754 confirm that these declarations were submitted in accordance with the proper administrative procedures to the Iowa Civil Rights Commission. 

When viewed in light of Ms. Smith’s legal background and her responsibilities as a State of Iowa Public Service Manager 2— these events may constitute a potential violation regarding willful misrepresentation and improper delay, potentially infringing upon the complainant’s statutory rights.  

The evidence demonstrates a consistent pattern during Iowa Civil Rights Commission case CP#10-23-80682 and the commission’s subsequent handling of administrative procedure pursuant to Iowa Code § 216.5(17) of improper diligence and obstruction.

Additionally, the Iowa Civil Rights Commission was asked to produce nine specific emails. Attachment 11 — Electronic Mail — Michael J. Merritt — 05 JUN 2025 — 1812, provides evidence that the State of Iowa continues to store and preserve these records—inconsistent with Ms. Smith’s representations in Attachment 13 — Electronic Mail — Kaitlin Smith — 06 JUN 2025 — 1313, that no such emails exist. To verify this inconsistency, the Complainant will be submitting identical records requests to other Iowa state agencies that host their email systems through the iowa.gov domain. This will assist the Iowa Supreme Court Attorney Disciplinary Board in determining whether Ms. Smith knowingly misrepresented the existence of public records in violation of Iowa Code Chapter 22 and the Rules of Professional Conduct.

Taken together, the documented facts and statutory violations form a pattern of conduct that cannot be dismissed as isolated oversights. Rather, they represent a systemic breach of public trust.

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VI. CONCLUSION

This matter implicates not only the operational integrity of a key state agency, but the ethical standards by which this Court vests public trust in its licensees.  The conduct of Iowa Civil Rights Commission Public Service Manager Kaitlin Smith constitutes a serious breach of professional responsibility, meriting immediate investigation by the Iowa Supreme Court Attorney Disciplinary Board. This matter implicates not only the credibility of a state agency but also the standards of integrity governing the Iowa Bar and the Court’s licensing authority.

The record reflects that the Iowa Civil Rights Commission failed to fulfill its statutory obligations under Iowa Code §§ 216.5(1) and 216.5(3), which require prompt, fair, and impartial investigation of civil rights complaints. Instead, the Commission dismissed case CP#10-23-80682 without addressing the core evidence presented (See Attachment 1, Electronic Mail — Iowa Public Information Board — Combined — 11-12 JUL 2023 -1458), and without acknowledging or processing the Complainant’s “Request for Administrative Release (Right-to-Sue).” These failures—especially in concert—raise substantial concerns that the omissions were not accidental, but strategically calculated to delay or obstruct lawful litigation against another Iowa agency.

Moreover, the Iowa Supreme Court has communicated regarding Iowa Code Chapter 22 “The purpose of the statute is to open the doors of government to public scrutiny [and] to prevent government from secreting its decision-making activities from the public, on whose behalf it is its duty to act.” ’ “Diercks, 806 N.W.2d at 652 (quoting Rathmann v. Bd. of Dirs., 580 N.W.2d 773, 777 (Iowa 1998)). “ ‘Accordingly, there is a presumption of openness and disclosure under this chapter.’ ” Id. (quoting Gabrilson v. Flynn, 554 N.W.2d 267, 271 (Iowa 1996)). 

This is not merely a guiding principle—it is binding law. Kaitlin Smith’s conduct, as detailed in this declaration, cannot be reconciled with that mandate. The record supports a finding that her actions violate both Iowa statutory law and the Iowa Rules of Professional Conduct, and directly contradict Iowa’s constitutional commitments to transparency and civil rights protection.

Ms. Smith’s failure to uphold her duties under Iowa Code Chapters 22 and 216 reflects not only on her personal conduct, but also on the institutional posture of the Iowa Civil Rights Commission. If left unaddressed, this matter would cast serious doubt on the Court’s commitment to holding its licensees to meaningful standards of legal and ethical accountability.

Accordingly, the undersigned respectfully requests that the Iowa Supreme Court Attorney Disciplinary Board initiate a formal review of Kaitlin Smith’s conduct. This is not merely a request for disciplinary review—it is an affirmation that legal licensure in Iowa demands fidelity to law, transparency, and justice.

Fiat justitia ruat caelum

I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct.