Declaration and Evidence Supporting Attorney Misconduct — Jasper County, IA, Attorney Scott Nicholson

IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD

Cipher Hunter
Complainant,

vs.

Scott Nicholson,
Respondent.

Case No.: Pending Assignment

DECLARATION AND EVIDENCE SUPPORTING ATTORNEY MISCONDUCT — JASPER COUNTY, IA, ATTORNEY SCOTT NICHOLSON

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.

I. PARTIES

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).
Respondent, Jasper County, IA, Attorney Scott Nicholson, is the chief law enforcement officer and chief prosecuting attorney for Jasper County, IA.

II. CAUSE OF ACTION

32:8.4(d) — “engage in conduct that is prejudicial to the administration of justice;” — Jasper County, IA, Attorney Scott Nicholson produced evidence of failing to provide requested contact information for the servicing of court documents, court subpoena, and the negotiation of Iowa Court witness travel expenses in accordance with Iowa Administrative Code r. 191-3.14 and Iowa Code § 622.69, 622.74, and 602.1509 thereby burdening and delaying a third party’s exercise of legal rights (See: Attachment 23).
32:8.4(d) — “engage in conduct that is prejudicial to the administration of justice;” — Jasper County, IA, Attorney Scott Nicholson produced evidence of failing or refusing to release requested historical invoicing public records documenting the alleged time and fees in accordance with Iowa Code § 22.3 that Jasper County, IA, Attorney Scott Nicholson communicated were not satisfied. This assertion by Jasper County, IA, Attorney Scott Nicholson was his foundational argument in Iowa Public Information Board case 25FC:0014 supporting the evidence of Jasper County, IA, Attorney Scott Nicholson’s disregard of numerous public records requests from 2022 to 2025 (See: Attachments 14, 17, and 26).
32:8.4(d) — “engage in conduct that is prejudicial to the administration of justice;” — Jasper County, IA, Attorney Scott Nicholson produced evidence of supporting Iowa Public Information Board Executive Director Erika Eckley’s alleged unethical quid pro quo public records scheme. A public records scheme that evidence indicates would have absolved the Iowa Public Information Board of alleged historical misconduct regarding previously disregarded complaints filed with the Iowa Public Information Board in accordance with Iowa Code § 23.7 during 2023 and 2024. At the same time, absolving Jasper County, IA, of alleged historical misconduct regarding numerous public records requests submitted in accordance with Iowa Code § 22.4(2.) that evidence indicates were disregarded from 2022 to 2025 in exchange for the release of the current requested public records at no cost, thereby burdening, delaying, and damaging a third party’s exercise of legal rights (See: Attachment 21).
32:4.1(b.) — “fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client, unless disclosure is prohibited by rule 32:1.6.” — Jasper County, IA, Attorney Scott Nicholson produced evidence of failing to provide requested contact information for the service of court documents, subpoenas, and the negotiation of Iowa Court witness travel expenses in accordance with Iowa Administrative Code r. 191-3.14 and Iowa Code § 622.69, 622.74, and 602.1509 thereby burdening and delaying a third party’s exercise of legal rights (See: Attachment 23).
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.” — Jasper County, IA, Attorney Scott Nicholson produced evidence of failing to provide requested contact information for the servicing of court documents, court subpoena, and the negotiation of Iowa Court witness travel expenses in accordance with Iowa Administrative Code r. 191-3.14 and Iowa Code § 622.69, 622.74, and 602.1509 thereby burdening and delaying a third party’s exercise of legal rights (See: Attachment 23).
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.” — Jasper County, IA, Attorney Scott Nicholson produced evidence of failing or refusing to release requested historical invoicing public records documenting the alleged time and fees in accordance with Iowa Code § 22.3 that Jasper County, IA, Attorney Scott Nicholson communicated were not satisfied. This assertion by Jasper County, IA, Attorney Scott Nicholson was his foundational argument in the Iowa Public Information Board case 25FC:0014 supporting the evidence of Jasper County, IA, Attorney Scott Nicholson’s disregard of numerous public records requests from 2022 to 2025 (See: Attachments 14, 17, and 26).
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.” Jasper County, IA Attorney Scott Nicholson produced evidence of disregarding a no further contact directive communicated by the Complainant in this case to the Jasper County, IA Attorney’s Office against Jasper County, IA, CIO Ryan Eaton (also a Jasper County, IA, Reserve Deputy). Historical evidence shows Jasper County, IA, CIO Ryan Eaton (while working for Jasper County, IA Attorney Scott Nicholson) sent the Complainant, Jasper County, IA Attorney Scott Nicholson, and members of the Jasper County, IA Board of Supervisors an email alleging the Complainant had committed acts of physical abuse against a former spouse. At the same time, accusing the Complainant of violating Iowa Code § 708.11 as justification for blocking the Complainant from accessing Jasper County, IA and the Jasper County, IA Sheriff’s Facebook Page during the 2022 election year. At the same time, Jasper County, IA Attorney, Scott Nicholson sought reelection as the Jasper County, IA Attorney. The historical evidence supports that Jasper County, IA CIO Ryan Eaton violated Iowa Code § 708.7(1.)(a.)(4.) and 718.6 because he communicated these allegations of criminal conduct against the Complainant in correspondence to a law enforcement authority. At the same time, he had zero evidence supporting the allegations of criminal conduct, he was communicating. This malicious and alleged criminal act executed by Jasper County, IA, CIO Ryan Eaton against the Complainant was reported to both the Jasper County, IA Sheriff’s office and the Grinnell, IA Police Department. From May 2023 through June 2023, the Complainant received inpatient treatment at the Des Moines, Iowa, Department of Veterans Affairs Medical Center (Building 5), where he was formally diagnosed with post-traumatic stress disorder (PTSD). This diagnosis was directly connected to historical trauma resulting from false accusations of criminal conduct—accusations that were made without evidence and had a lasting psychological impact (See: Attachments 2, 3 4, 5, 6, 7, 8, 9, 10).
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 Jasper County, IA, Attorney Scott Nicholson has produced evidence supporting seven individual violations of the Iowa Rules of Professional Conduct as supported by the testimony and evidence within this complaint.

III. FACTS AND BACKGROUND

The Complainant, Michael J. Merritt, submitted a lawful public records request to Scott Nicholson, County Attorney for Jasper County, Iowa, concerning matters directly affecting civil litigation and state-level transparency (See: Attachments 17 and 26). Evidence indicates that Mr. Nicholson failed to respond entirely to the request. Additionally, he refused to provide basic contact information for the service of subpoenas—information that is essential to facilitate lawful civil procedure (See: Attachment 23). These omissions obstructed the Complainant’s access to due process and constituted a direct burden on the Complainant’s ability to pursue justice.

During Iowa Public Information Board case 25FC:0014, Mr. Nicholson cited alleged unpaid public records fees as justification for disregarding multiple records requests submitted between 2022 and 2025 (See: Attachment 14). However, this rationale originated in part from guidance issued by Jasper County CIO Ryan Eaton—a subordinate under Nicholson’s authority—who had previously been directed to cease contact with the Complainant due to evidence indicating violations of Iowa Code § 708.7(1.)(a.)(4.) and 718.6 (See: Attachments 2, 3, 4, 5, 6, 7, 8, 9, 10).

Further evidence suggests unethical coordination between Iowa Public Information Board Executive Director Erika Eckley and Attorney Scott Nicholson. In an email dated 06 MAY 2025 (See: Attachment 20), Director Eckley proposed a resolution that did not address the foundational basis for the grievance—Nicholson’s failure to respond to records requests allegedly due to unpaid fees. Instead, this proposal, to which Nicholson later agreed (See: Attachment 21), sought to condition the release of current records on the Complainant’s withdrawal of prior public records requests.

This quid pro quo arrangement attempted to lure an unrepresented third-party into relinquishing their right to seek civil relief for past violations of Iowa Code Chapter 22. By withdrawing prior requests that went unfulfilled, the Complainant would have inadvertently invalidated numerous complaints submitted to the IPIB—complaints that the evidence suggests were previously disregarded. In effect, this scheme sought to absolve both Jasper County and the Iowa Public Information Board of accountability for historical misconduct through procedural manipulation, while presenting a facade of resolution.

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.

05 DEC 2022 — Hostile interaction with Jasper County, IA, CIO Ryan Eaton during a public records request (See: Phone Camera — Michael J. Merritt — 20221205_142241).
12 APR 2023 — Electronic mail from Jasper County, IA, CIO Ryan Eaton, containing multiple false and defamatory allegations of criminal conduct. Eaton wrote, “I don’t know or actually care when or why you abused your wife.”, and further claimed, “The day you started stalking county employees and mapping their locations and times…” (See: Electronic Mail — Jasper County, IA CIO Ryan Eaton — 12 APR 2023).
13 APR 2023 — Interview of Jasper County, IA, Sheriff John Halferty regarding Jasper County, IA, CIO Ryan Eaton’s false allegations of criminal conduct in Attachment 2 (See: Chest Cam — Michael J. Merritt — 13 APR 2023).
13 APR 2023 — Open records request requesting Jasper County, IA, provide all documented violations of Iowa Code § 708.11 during the time frame of Jasper County, IA, CIO Ryan Eaton’s allegations shown in Attachment 2 (See: Iowa Open Records Request – Jasper County, IA – #017 – The Form of Atari – #002–13 APR 2023).
20 APR 2023 — Jasper County, IA, providing all public records regarding a violation of Iowa Code § 708.11 during the time frame of Jasper County, IA, CIO Ryan Eaton’s allegations shown in Attachment 2 (See: Electronic Mail — Jasper County, IA CIO Ryan Eaton — 20 APR 2023).
20 APR 2023 — Electronic mail block and communicated direction to the Jasper County, IA, Attorney’s office for no further contact from Jasper County, IA, CIO Ryan Eaton regarding the content in Attachment 2 (See: Electronic Mail — Michael J. Merritt — 20 APR 2023).
21 APR 2023 — Correction to Attachment 6 (See: Electronic Mail — Michael J Merritt — 21 APR 2023).
04 AUG 2023 — Additional unwanted contact from Jasper County, IA, CIO Ryan Eaton after the Jasper County, IA, Attorney’s office was directed to halt this contact in Attachment 6 (See: Electronic Mail — Jasper County, IA, CIO Ryan Eaton — 04 AUG 2023).
04 AUG 2023 — Call for service and report to the Grinnell, IA, Police Department regarding Attachment 8 (See: Call For Service — Grinnell, IA, Police Department — 04 AUG 2023).
04 AUG 2023 — Complainant’s communication of loss of faith and confidence in local elected and appointed leaders regarding Attachment 8 (See: Electronic Mail — Michael J Merritt — 04 AUG 2023).
18 DEC 2024 — Statewide records request requesting Microsoft 365/Google Workspace billing records for investigation into Jasper County, IA’s alleged historical inflated public records fees. Research product managed through the analysis of control and variable data and statewide comparison data regarding Jasper County, IA’s historical responses in contrast to other State of Iowa government bodies (See: Electronic Mail — Michael J Merritt — 18 DEC 2024).
05 FEB 2025 — IPIB acceptance of complaint 25FC:0014 (See: Electronic Mail — Iowa Public Information Board — 05 FEB 2025).
05 MAR 2025 — IPIB acceptance of complaint 25FC:0014 (See: Electronic Mail — Iowa Public Information Board Executive Director Eckley — 05 MAR 2025).
19 MAR 2025 — IPIB’s relay of Respondent’s communications to Complainant in IPIB case 25FC:0014 (See: Electronic Mail — Iowa Public Information Board Executive Director Eckley — 19 MAR 2025).
21 MAR 2025 — Complainant’s records request to the IPIB to provide their copy of Attachment 6 to authenticate statewide transmission of electronic mail block and direction to Jasper County, IA, to halt Jasper County, IA, CIO Ryan Eaton’s communications with the Complainant. Evidence indicates the Iowa Public Information Board disregarded this records request (See: Electronic Mail — Michael J Merritt — 21 MAR 2025).
01 APR 2025 — IPIB’s request for original record request in IPIB complaint 25FC:0014 (See: Electronic Mail — Michael J Merritt — 01 APR 2025).
13 APR 2025 — Complainant’s original request that Jasper County, IA, provide historical invoice public records showing their alleged time and fees (Jasper County, IA, alleged in Attachment 14) for the Complainants historical public records requests (See: Electronic Mail — Michael J Merritt — 13 APR 2025).
14 APR 2025 — Complainant’s second request for the IPIB’s copy of Attachment 6 and follow up to the request in Attachment 15 that evidence indicates the IPIB failed to respond or provide the requested public record (See: Electronic Mail — Michael J Merritt — 14 APR 2025).
24 APR 2025 — Complainant’s situational analysis and status update (See: Electronic Mail — Michael J Merritt — 24 APR 2025).
06 MAY 2025 — Evidence supporting Iowa Public Information Board Executive Director Eckley’s quid pro quo tactics within the IPIB’s informal resolution process (See: Electronic Mail — IPIB Executive Director Eckley — 06 MAY 2025).
07 MAY 2025 — Jasper County, IA, Attorney Scott Nicholson’s agreement to Iowa Public Information Board Executive Director Eckley’s proposal in Attachment 20 (See: Electronic Mail — Jasper County, IA Attorney Scott Nicholson — 07 MAY 2025).
07 MAY 2025 — Complainant’s ethical analysis and rebuttal regarding the evidence supporting the corrupt nature within Attachments 20 and 21 (See: Electronic Mail — Michael J Merritt — 07 MAY 2025).
08 MAY 2025–1254— Complainant’s declaration to assume investigative responsibilities in light of the evidence supporting the IPIB’s inaction and failure to manifest Iowa Code § 23.6(4.) (See: Electronic Mail — Michael J Merritt — 08 MAY 2025–1254).
08 MAY 2025 — Iowa Public Information Board Executive Director Eckley communicates that she considers Attachment 23 a withdrawal of the complaint for IPIB case 25FC:0014 (See: Electronic Mail — Iowa Public Information Board Executive Director Eckley — 08 MAY 2025).
08 MAY 2025–1344 — Complainant’s analysis of the historical evidence showing Iowa Public Information Board Executive Director Eckley’s professional conduct (See: Electronic Mail — Michael J Merritt — 08 MAY 2025–1344).
08 MAY 2025–2141 — Complainant’s second request and follow up to Attachment 17 requesting Jasper County, IA to provide public records regarding historical invoicing and billing of the alleged public records fees communicated by Jasper County, IA, Attorney Scott Nicholson in Attachment 14 (See: Electronic Mail — Michael J Merritt — 08 MAY 2025–2141).
09 MAY 2025 — IPIB public meeting announcement for case 25FC:0014 (See: Electronic Mail — Iowa Public Information Board Executive Director Eckley — 09 MAY 2025).
09 MAY 2025 — 25FC:0014 Investigative Report (See: 24FC_0014 Merritt Investigative Report).
19 MAY 2025 — IPIB Announcement of public meeting board findings in IPIB case 25FC:0014 (See: Electronic Mail — Iowa Public Information Board Executive Director Eckley — 19 MAY 2025).
19 MAY 2025 — 25FC:0014 Investigative Report (See: 24FC_0014 Merritt PCO).

IV. ATTACHMENTS

V. ANALYSIS

The evidence presented in this complaint supports multiple violations of the Iowa Rules of Professional Conduct. As outlined in Section II, Jasper County, IA, Attorney Scott Nicholson has engaged in conduct prejudicial to the administration of justice (Rule 32:8.4(d)), used means that served no substantial purpose other than to delay or burden a third party (Rule 32:4.4(a)), failed to disclose material facts necessary to avoid enabling fraudulent acts (Rule 32:4.1(b)), and committed these acts through both direct conduct and the delegated actions of subordinates (Rule 32:8.4(a)).

These violations are not theoretical—they are rooted in public communications, official correspondence, and documented timelines. Mr. Nicholson’s failure to release lawful public records, refusal to provide subpoena contact information, and willingness to participate in a quid pro quo proposal all contributed to procedural obstruction, emotional harm, and denial of rights guaranteed under Iowa Code Chapters 22 and 23.

Taken together, this conduct reflects not a single lapse in judgment, but a pattern of obstruction and disregard for legal transparency. Such behavior, when committed by the chief legal officer of a county, endangers the public’s trust and violates the ethical obligations to the Iowa Rules of Professional Conduct.

VI. CONCLUSION

In conclusion, the conduct of Jasper County, IA, Attorney Scott Nicholson presents a compelling case of professional misconduct under the Iowa Rules of Professional Conduct. The Board should give this matter full consideration, as it implicates the integrity of the Iowa Court, the professional standards of its licensed legal community, and the public’s right to due process when faced with communicated criminal allegations.

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)). The historical evidence supports that Jasper County, IA Attorney Scott Nicholson’s actions are not only in violation of the Iowa Code and the Iowa Rules of Professional Conduct, but they are in complete contrast to the spirit of government transparency.

Moreover, Attorney Nicholson’s failure to uphold transparency as required by Iowa Code Chapter 22 reflects not only upon himself and the office he represents, but also upon the Iowa Court’s standards in granting licensure to practice law in this state. The public nature of this misconduct, if left unaddressed, threatens to erode public trust and confidence in the Iowa Judicial Branch and its ability to self-regulate.

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

Respectfully submitted,

By: /s/ Michael J. Merritt

Michael J. Merritt
Founder, Cipher Hunter
2510 S 6th St. D24
Marshalltown, IA 50158
Telephone: (641)-387-9935
Email: mj.merritt@cipherhunter.net
Pro Se for Cipher Hunter