Summary 2013 WY 52

Summary of Order of Interim Suspension May 1, 2013

Case Name: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. CLAY B. JENKINS, WSB #5-2249.

Docket Number: D-13-0004

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

Date of Decision: May 1, 2013

Pursuant to Section 17 of the Disciplinary Code for the Wyoming State Bar, Bar Counsel for the Wyoming State Bar filed, on April 11, 2013, a “Petition for Interim Suspension of Attorney.” The Court, after a careful review of the petition, the “Affidavit of Bar Counsel in Support of Petition for Interim Suspension of Attorney,” and the file, concludes that the petition for interim suspension should be granted and that Respondent should be suspended from the practice of law pending resolution of the formal charge that has been, or will be, filed against him. See Section 17(c) (“Within fifteen (15) days of the entry of an order of interim suspension, Bar Counsel shall file a formal charge.”) It is, therefore,

ADJUDGED AND ORDERED that, effective May 10, 2013, the Respondent, Clay B. Jenkins, shall be, and hereby is, suspended from the practice of law, pending final resolution of the formal charge that has been, or will be, filed against him; and it is further

ORDERED that, during the period of interim suspension, Respondent shall comply with the requirements of the Disciplinary Code for the Wyoming State Bar, particularly the requirements found in Section 22 of that code; and it is further

ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Interim Suspension shall be published in the Pacific Reporter; and it is further

ORDERED that the Clerk of this Court shall transmit a copy of this Order of Interim Suspension to the Respondent, Bar Counsel, members of the Board of Professional Responsibility, and the clerks of the appropriate courts of the State of Wyoming.

DATED this 1st day of May, 2013.

BY THE COURT:*

/s/

MARILYN S. KITE

Chief Justice

*Justice Davis 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]

Summary 2008 WY 158

Summary of Decision issued December 31, 2008

[SPECIAL NOTE: This opinion uses "Universal Citation" and was given an "official" citation when issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will note that all of the paragraphs are numbered. When you need to provide a pinpoint citation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion should include the reporter page number. If you need assistance, please contact the Wyoming State Law Library.]

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

Case Name: Board of Professional Responsibility, Wyoming State Bar v. Cecil A. Cundy

Citation: 2008 WY 158

Docket Number: D-08-0001

Order Suspending Attorney From the Practice of Law

The matter came before the Court upon a “Report and Recommendation for Discipline” filed Nov. 26, 2008, by the Board of Professional Responsibility for the Wyoming State Bar. After a careful review of the Board’s report and the File, the Court finds that the Report and Recommendation should be approved, confirmed and adopted by the Court; and that Respondent should be suspended from the practice of law for a period of one year, beginning on January 2, 2009.

Cecil A. Cundy will comply with the requirements of the Disciplinary Code for the Wyoming State Bar, reimburse the Bar in the amount of $2649.37. The order shall be docketed as a public record and published in the Wyoming Reporter and the Pacific Reporter, served upon the Respondent and transmitted to the members of the Board of Professional Responsibility and the appropriate clerks of court.

The Report and Recommendation for Discipline can be found at the link below.

C.J. Voigt delivered the order for the court.

Link: http://tinyurl.com/7kndan .

Order Suspending Attorney

Summary of Order issued September 25, 2007

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

Case Name: Board of Professional Responsibility, Wyoming State Bar v. William Daniel Elsom

Docket Number: D-07-0004

Order Suspending Attorney From the Practice of Law

The matter came before the Court upon a Notice of Filing of Judgment, filed August 30, 2007, by Bar Counsel for the Wyoming State Bar. Bar Counsel provided the Court with a copy of the “Judgment in a Criminal Case” that was filed on October 5, 2006 in the case of United States of America v. William D. “Dan” Elsom. Mr. Elsom has been convicted of conspiracy to commit sales of unregistered securities, a felony under federal law. Pursuant to Section 18, the Court is required to enter an order immediately suspending the attorney. See also, Section 3(y)(i).

Ordered that, effective immediately, Elsom is suspended from the practice of law in this state, pursuant to Section 18 of the Disciplinary Code, pending final disposition in a disciplinary proceeding. This Order will be transmitted by the Clerk of the Court to the Board of Responsibility and to Bar Counsel for the Wyoming State Bar.

C.J. Voigt delivered the order for the court.

Order Adopting Emergency Temporary Provision

Summary of Order issued September 24, 2007

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

Order Adopting Emergency Temporary Provision to Article I, Section 3(d), Bylaws of the Wyoming State Bar

The matter came before the Court upon notification from the President, Wyoming State Bar, that there was a need for an emergency temporary addition to Article I, Section 3(d) regarding classes of membership, specifically, inactive status. The Court ordered that application of the requirement that an inactive member must be engaged in the active practice of law in this or another state for five years of the preceding seven in order to return to active status without examination may be waived for inactive members who can demonstrate that the member received advice from the Wyoming State Bar staff that they could return to active status without examination if the member returned within seven years of electing inactive status. Application under the temporary order must be received by the Bar Office no later than October 1, 2008. There shall be no appeal of denial under this provision.

The provision shall be automatically terminated and of no force as of November 1, 2008. Due to the temporary nature, it will not be published in the advance sheets of the Pacific Reporter, the Wyoming Reporter or the Wyoming Court Rules volume, but it will be posted on the Wyoming Supreme Court website, the Law Library website, and the Wyoming State Bar website.

C.J. Voigt delivered the order for the court.

Order Approving Increase to Annual License Fees

The Court approved the annual license fee increase of $50.00 as requested by the Board of Commissioners for the Wyoming State Bar.

The new annual license fee for active members will be $300.00 and for inactive and new members of fewer than five years, the rate will be $187.50.

Summary of the Order Adopting Amendment to Article X

The Court has adopted the recommendation of the Board of Commissioners of the Wyoming State Bar to amend the Bylaws of the Wyoming State Bar, Article X.

Article X, Section A of the Bylaws now states that the Board of Commissioners sets the minimum amount of annual dues for the sections.