Summary 2013 WY 21

Summary of Decision February 21, 2013

Order of Public Censure

Case Name: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. PHILIP M. KLEINSMITH SR., WSB #5-2952

Docket Number: D-13-0003

Follow this link to access the Report and Recommendation for Reciprocal Order of Public Censure:
URL: http://www.courts.state.wy.us/Opinions.aspx

Date of Order: February 21, 2013

This matter came before the Court upon a “Report and Recommendation for Reciprocal Order of Public Censure,” filed herein January 9, 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 and the file, finds that the Report and Recommendation should be approved, confirmed and adopted by the Court, and that Respondent Philip M. Kleinsmith, Sr. should be publicly censured pursuant to Section 20 of the Disciplinary Code for the Wyoming State Bar (Reciprocal discipline). It is, therefore,

ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report and Recommendation for Reciprocal Order of Public Censure, 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

ADJUDGED AND ORDERED that Philip M. Kleinsmith, Sr. is hereby publicly censured for his conduct, which is described in the attached pleadings from the Utah disciplinary matter involving Mr. Kleinsmith. Those pleadings are attached hereto and incorporated herein; and it is further

ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Mr. Kleinsmith shall reimburse the Wyoming State Bar the amount of $50.00, representing the costs incurred in handling this matter, as well as pay the administrative fee of $500.00. Mr. Kleinsmith shall pay the total amount of $550.00 to the Clerk of the Board of Professional Responsibility on or before April 1, 2013; and it is further

ORDERED that the Clerk of this Court shall docket this Order of Public Censure, along with the incorporated “Report and Recommendation for Reciprocal Order of Public Censure” and the Utah disciplinary pleadings, as a matter coming regularly before this Court as a public record; and it is further

ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Public Censure, along with the incorporated “Report and Recommendation for Reciprocal Order of Public Censure” and the Utah disciplinary pleadings, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

ORDERED that the Clerk of this Court cause a copy of this Order of Public Censure to be served upon Respondent Philip M. Kleinsmith, Sr.

DATED this 21st day of February, 2013.

BY THE COURT:

/s/

MARILYN S. KITE
Chief Justice