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Board of Professional Responsibility v. Haderlie

Supreme Court of Wyoming

July 2, 2015

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner,
v.
NICHOLAS T. HADERLIE, WSB #7-4854, Respondent

ORDER OF PUBLIC CENSURE

E. JAMES BURKE Chief Justice

[¶1] This matter came before the Court upon a "Report and Recommendation for Public Censure, " filed herein June 23, 2015, 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). See also Rule 26(f) of the Wyoming Rules of Disciplinary Procedure, effective July 1, 2015 ("These rules shall become effective July 1, 2015, and any discipline or disability investigation pending on that date shall proceed under these rules. Any matter then pending with respect to which a formal charge has been filed shall be concluded under the procedure existing prior to the effective date of these rules."). 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 Nicholas T. Haderlie should be publicly censured for his conduct. It is, therefore,

[ΒΆ2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Public Censure, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court, with one exception. This Court will not order Respondent to remain compliant with his monitoring agreement with the Wyoming Professional Assistance Program. While this Court certainly agrees Respondent should remain compliant, the Court does not believe it is the appropriate authority in this case to monitor such agreement; and it is further

[¶3] ADJUDGED AND ORDERED that Nicholas T. Haderlie is hereby publicly censured for his conduct, which is described in the Report and Recommendation for Public Censure. This public censure shall include issuance of a press release consistent with the one set out in the Report and Recommendation for Public Censure; and it is further

[¶4] ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Mr. Haderlie 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. Haderlie shall pay the total amount of $550.00 to the Wyoming State Bar on or before August 31, 2015; and it is further

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

[¶6] 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 Public Censure, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶7] ORDERED that the Clerk of this Court cause a copy of this Order of Public Censure to be served upon Respondent Nicholas T. Haderlie.

[¶8] DATED this 2nd day of July, 2015.

BEFORE THE SUPREME COURT STATE OF WYOMING

In the matter of NICHOLAS T. HADERLIE, WSB No. 7-4854, Respondent.

WSB No. 2015-023

REPORT AND RECOMMENDATION FOR PUBLIC CENSURE

The Board of Professional Responsibility makes the following Report and Recommendation, with its findings of fact and recommendation to the Supreme Court of Wyoming:

FINDINGS OF FACT

1. Respondent is an active member in good standing of the Wyoming State Bar, admitted to practice in 2011. Since his admission, Respondent has engaged in the practice of law in Sheridan, Wyoming.

2. On the afternoon of Sunday, October 19, 2014, Respondent was arrested at his home in Sheridan. Although Respondent was extremely intoxicated at the time, his recollection of the events leading to his arrest, which is generally corroborated by the police report, is as follows:

a. Shortly before 2:00 p.m. on Sunday, October 19, 2014, Carl Clements, an off-duty Wyoming Highway Patrolman, observed a vehicle Respondent was driving crash into a mechanical gate at the Sheridan airport. The gate restricts access to the airport on Hangar Avenue, a two-lane road. Trooper Clements said Respondent drove into the gate as if he did not see it, making no attempt to brake. The damage Respondent did to the gate cost more than $11, 000 to repair.
b. Trooper Clements tried to get Respondent to stay on the scene until law enforcement arrived, but Respondent drove off.
c. Trooper Clements called in a REDDI report with a description and license plate of Respondent's vehicle. A while later, two female members of the Sheridan Police Department, Officer Kennedy and Officer Rogers, found the truck parked in Respondent's driveway with damage to the front end. They knocked on the front door and were greeted by Respondent's wife, who went to get Respondent.
d. Respondent initially refused Officer Kennedy's request to step outside of the house. When Officer Rogers left the front porch and started to walk around the side of the house, Respondent told the officer she could not go in the house or on Respondent's property without a warrant. Respondent then came out of the house. At some point, a male ...

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