Thursday, January 31, 2013

Summary 2013 WY 11

Summary of Decision January 30, 2013


Chief Justice Kite delivered the order for the Court.

Case Name: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. JODY MONTGOMERY VANNOY, WSB #5 2345.

Docket Number: D-12-0007

URL: http://www.courts.state.wy.us/Opinions.aspx

Date of Decision: January 30, 2013

ORDER OF DISBARMENT

[¶1] This matter came before the Court upon a “Report & Recommendation for Order of Disbarment,” filed herein January 2, 2013 by the Board of Professional Responsibility for the Wyoming State Bar. The Court, after a careful review of the Board of Professional Responsibility’s Report and Recommendation, the Affidavit of Costs and Expenses, and the file, finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court. It is, therefore,

[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report & Recommendation for Order of Disbarment, a copy of which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

[¶3] ADJUDGED AND ORDERED that, effective this date, the Respondent, Jody Montgomery Vannoy, shall be, and hereby is, disbarred from the practice of law in this state; and it is further

[¶4] ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Jody Montgomery Vannoy, shall reimburse the Wyoming State Bar the amount of $3,286.03, representing the costs incurred in handling this matter, as well as pay an administrative fee of $500.00. Respondent shall pay the total amount of $3,786.03 to the Clerk of the Board of Professional Responsibility on or before April 1, 2013; and it is further

[¶5] ORDERED that, pursuant to Section 4(c) of the Disciplinary Code for the Wyoming State Bar, Jody Montgomery Vannoy shall make restitution to Sergei S. Yates in the amount of any and all judgments; and it is further

[¶6] ORDERED that Jody Montgomery Vannoy comply with the November 16, 2012 Resolution Order issued by the Committee on Resolution of Fee Disputes. That order required Respondent to refund the unearned portion of a retainer to a client in the amount of $5,101.67; and it is further

[¶7] ORDERED that Respondent shall comply with Section 22 of the Disciplinary Code for the Wyoming State Bar. That Section governs the duties of disbarred and suspended attorneys; and it is further

[¶8] ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Disbarment, along with the incorporated Report & Recommendation for Order of Disbarment, shall be published in the Pacific Reporter; and it is further

[¶9] ORDERED that the Clerk of this Court shall docket this Order of Disbarment, along with the Report & Recommendation for Order of Disbarment, as a matter coming regularly before this Court as a public record; and it is further

[¶10] ORDERED that the Clerk of this Court cause a copy of the Order of Disbarment to be served upon the Respondent, Jody Montgomery Vannoy; and it is further

[¶11] ORDERED that the Clerk of this Court transmit a copy of this Order of Disbarment to members of the Board of Professional Responsibility, and the clerks of the appropriate courts of the State of Wyoming.

[¶12] DATED this 30th day of January, 2013.

BY THE COURT:*

/s/

MARILYN S. KITE

Chief Justice

*Justice Voigt took no part in the consideration of this matter. Retired Justice Michael Golden participated by assignment.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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