Summary 2014 WY 55

Summary of Order April 23, 2014

Order Suspending Attorney from the Practice of Law

Case Name: BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. SCOTT M. POWERS, WSB No. 6 3188

Docket Number: D-14-0005

The full report and recommendation can be found here: http://www.courts.state.wy.us/Opinions.aspx

This matter came before the Court upon a “Report and Recommendation for Suspension,” filed herein April 11, 2014 by the Board of Professional Responsibility for the Wyoming State Bar, pursuant to Section 16 of the Disciplinary Code for the Wyoming State Bar (stipulated discipline). 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 Scott M. Powers should be suspended from the practice of law for a period of nine months. It is, therefore,

ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report and Recommendation for Suspension, 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, as a result of the conduct set forth in the Report and Recommendation for Suspension, Respondent Scott M. Powers shall be, and hereby is, suspended from the practice of law for a period of nine months, beginning May 1, 2014; and it is further

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

ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Mr. Powers 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. Powers shall pay the total amount of $550.00 to the Clerk of the Board of Professional Responsibility on or before June 2, 2014; and it is further

ORDERED that the Clerk of this Court shall docket this Order Suspending Attorney from the Practice of Law, along with the incorporated Report and Recommendation for Suspension, 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 Suspending Attorney from the Practice of Law, along with the incorporated Report and Recommendation for Suspension, 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 Suspending Attorney from the Practice of Law to be served upon Respondent Scott M. Powers.

DATED this 23rd day of April, 2014.

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 2011 WY 22

Summary of Order February 10, 2011

[SPECIAL NOTE: This Order uses the "Universal Citation." It was given an "official" citation when it is issued. You should use this citation whenever you cite the Order, with a P.3d parallel citation. If you need assistance in putting together a citation from this, or any future Order using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

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

Case Name: Board of Professional Responsibility v. Eliot

Citation: 2011 WY 22

Docket Number: D-10-0002

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=461742

Date of Order: February 10, 2011

Order Lifting Suspension and Order Reinstating Attorney to the Practice of Law

The Board of Professional Responsibility’s Report and Recommendation for Lifting of Suspension and Reinstatement was approved, confirmed and adopted by this Court.

Since Respondent’s 1989 admission to practice law in Wyoming, she has maintained her license in good standing, and has committed no ethical violations. Other than the criminal conviction that lead to her suspension (which related to conduct on her part that occurred more than thirty years ago, and long before she attended law school and began practicing law), Respondent has not engaged in any conduct which would cast doubt upon her fitness to practice law in Wyoming. Additionally, Respondent fully complied with all the terms of her suspension. The information set forth in Respondent’s affidavit and in the testimonial letters with stipulated motion establish in a clear and convincing manner that respondent is fit to practice law in Wyoming.

Summary 2009 WY 48

Summary of Decision issued April 7, 2009

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. Sue Davidson

Citation: 2009 WY 48

Docket Number: D-08-0003

Order Suspending Attorney from Practice of Law and Assessing Costs

The matter came before the Court upon a Report and Recommendation for Discipline filed September 19, 2008, by the Board of Professional Responsibility for the Wyoming State Bar. The Court reviewed the Board’s record and transcript of the hearing before the Board, read the parties’ briefs and heard oral argument. The Court concluded that Davidson violated the professional conduct rules by clear and convincing evidence as they relate to the allegation that Judge Arnold participated in improper ex parte communications with opposing counsel.

The Court ordered: That the Report and Recommendation be approved, confirmed and adopted. That Davidson be suspended from the practice of law for two months and that she pay to the Board, $6,676.67 plus $1,000.00 for an administrative fee.

C.J. Voigt delivered the order for the court.
J. Golden would have reduced the suspension to one month.
Judge Donnell sat in for J. Burke who recused himself in the matter.

Link: http://tinyurl.com/d99nc7 .

[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.]

Summary 2008 WY 120

Summary of Decision issued October 8, 2008

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

Case Name: Board of Professional Responsibility v. Scheible

Citation: 2008 WY 120

Docket Number: D-01-1

Order Reinstating Attorney to the Practice of Law, With Conditions

The matter came before the Court upon a “Report and Recommendation on Petition for Reinstatement.” After a review of the Board of Professional Responsibility’s Report, as well as other matters of record, found that the Board’s Report should be approved, confirmed and adopted by the Court. Attorney Scheible should be reinstated to the practice of law, subject to the conditions set forth in the Report. The conditions included: evaluation by the WPAP, participation for two years in the Bar’s mentoring program, quarterly reports for two years as to the status of her pending legal matters, completion of 15 hours of CLE, repayment of $1,876.07 and $742.86 for the cost of the reinstatement hearing.

J. Hill delivered the Order.

Link: After a short delay, the full language of the order and the attached documents will be available from the Law Library’s Supreme Court database. The Order is currently available on the Judicial Branch homepage.

[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. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Summary 2008 WY 76

Summary of Decision issued July 3, 2008

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 D. Elsom

Citation: 2008 WY 76

Docket Number: D-07-0004

Order Suspending Attorney From the Practice of Law

The matter came before the Court upon a “Findings of Fact, Conclusions of Law and Recommendation for Reinstatement” filed June 4, 2008, by the Board of Professional Responsibility for the Wyoming State Bar. The Court reviewed the Board’s report, the transcript of the Board’s hearing and the file. The Court accepted in part and rejected in part the Board’s recommendations.

The Board concluded that Elsom was eligible to be reinstated however the Court differed with the Board with respect as to how the period of suspension would be measured. The Court stated that Elsom was suspended from the practice of law for two years beginning September 25, 2007 and was required to pay $3,095.54 for the costs of the Board’s hearing. The Court noted that Elsom had a CLE suspension on which the Board of Continuing Legal Education had not yet recommended reinstatement and that he must resolve that suspension. The suspension shall be published in the Wyoming and Pacific Reporters and the information transmitted to the Board and the clerks of the appropriate courts in Wyoming.

The Findings of Fact, Conclusions of Law and Recommendation for Reinstatement can be found at the link.

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

Link: http://tinyurl.com/5pk7ds .

[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.]

Summary 2007 WY 95

Summary of Decision issued June 11, 2007

[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. Judson

Citation: 2007 WY 95

Docket Number: D-07-0002

Order Suspending Attorney From the Practice of Law

The matter came before the Court upon a “Report and Recommendation for Reciprocal Discipline” filed May 16, 2007, by the Board of Professional Responsibility for the Wyoming State Bar and pursuant to Rule 20 of the Disciplinary Code of Wyoming State Bar. The Court, after a careful review of the Board’s report and recommendation; the Colorado Supreme Court’s “Order Approving Conditional Admission of Misconduct and Imposing Sanctions Pursuant to C.R.C.P. 251.22; the “Stipulation”; the Affidavit of Costs and Expenses; the Motion for Reciprocal Discipline and to File a Report and Recommendation for Discipline; and the file, found that the Report and Recommendation for Reciprocal Discipline should be approved, confirmed and adopted by the Court.

Consistent with the discipline imposed by the Colorado Supreme Court, Respondent Judson shall be suspended from the practice of law in Wyoming for a period of one year and one day with six months already served. The remaining six months shall be stayed upon the successful completion of the three-year period of probation referenced in the Colorado Supreme Court Order. Respondent Judson shall reimburse the Wyoming State Bar $87.87 and a $500.00 administrative fee.

The Order can be found at the link below.

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

Justice Hill and Justice Burke would have denied the recommendation.

Link: http://tinyurl.com/2e6z55 . (pdf documents will be added later this week.)