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Board of Professional Responsibility v. Jenkins

Supreme Court of Wyoming

March 1, 2017

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner,
v.
CLAY B. JENKINS, WSB # 5-2249, Respondent.

          ORDER EXTENDING PERIOD OF SUSPENSION WITH PROBATION

          E. JAMES BURKE, CHIEF JUSTICE

         [¶1] This matter came before the Court upon a "Report and Recommendation for Order Extending Period of Suspension with Probation, " filed herein February 17, 2017, by the Board of Professional Responsibility for the Wyoming State Bar. On June 29, 2016, this Court entered an "Order of Suspension with Probation, " which suspended (with probation) Respondent from the practice of law for a period of six months. Board of Professional Responsibility v. Jenkins, 2016 WY 64, 376 P.3d 477 (Wyo. 2016). Now, after a careful review of the Board of Professional Responsibility's Report and Recommendation for Order Extending Period of Suspension with Probation and the file, the Court finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Respondent, Clay B. Jenkins, should be suspended (with probation) for an additional six months. It is, therefore, [¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's "Report and Recommendation for Order Extending Period of Suspension with Probation, " 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 December 30, 2016, Clay B. Jenkins is suspended from the practice of law for six months, with that suspension stayed in favor of six months of probation. Such stay is conditioned on the following probationary terms: (1) Respondent shall remain compliant with the WPAP Monitoring Agreement and the recommendations of his therapist; (2) Respondent shall remain compliant with the terms of his unsupervised probation in Sheridan County; and (3) Respondent shall commit no further violations of the Wyoming Rules of Professional Conduct; and it is further

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

         [¶5] ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of Disciplinary Procedure, this Order Extending Period of Suspension with Probation, along with the incorporated Report and Recommendation for Order Extending Period of Suspension with Probation, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

         [¶6] ORDERED that the Clerk of this Court cause a copy of this Order Extending Period of Suspension with Probation to be served upon Respondent, Clay B. Jenkins.

         [¶7] DATED this 1st day of March, 2017.

         BY THE COURT:[*]

         REPORT AND RECOMMENDATION FOR ORDER EXTENDING PERIOD OF SUSPENSION WITH PROBATION

         THIS MATTER came before the Board of Professional Responsibility on the 14th day of February, 2017, for consideration of the stipulated motion to extend the term of Respondent's Suspension with Probation, and the Board having reviewed the Stipulation, the accompanying Affidavit of Factual Basis and being fully advised in the premises, FINDS and RECOMMENDS as follows:

         Respondent has been licensed to practice law in the State of Wyoming since 1984, and has maintained a law practice in Sheridan, Wyoming. Respondent has a history of substance abuse, which he has addressed with varying success over the years. Respondent's most recent substance-related arrest occurred in Sheridan in June 2015, and was resolved with Respondent's plea of guilty to DUI charges brought in the Circuit Court for the Fifth Judicial District. On February 18, 2016, Judgment and Sentence was entered by Circuit Court Judge Shelley Cundiff. Respondent was sentenced to 180 days in jail (150 days suspended), placed on two years unsupervised probation, and ordered to comply with a Monitoring Agreement which Respondent had voluntarily entered into with Wyoming Professional Assistance Program (WPAP). Respondent promptly provided a copy of the Judgment and Sentence to Bar Counsel and authorized WPAP to share information with Bar Counsel and with Probation and Parole.

         Following entry of Judgment and Sentence, discussions between Respondent and Bar Counsel culminated in a stipulated motion for a six month suspension to be stayed in favor of six months of probation. On June 29, 2016, the Wyoming Supreme Court issued an Order of Suspension with Probation which approved this Board's Amended Report and Recommendation for Order of Suspension with Probation. The Court's order provided, in pertinent part:

[E]ffective immediately, Clay B. Jenkins is suspended from the practice of law for six months, with that suspension stayed in favor of six months of probation. Such stay is conditioned on the following probationary terms: (1) Respondent shall remain compliant with the WPAP Monitoring Agreement; (2) Respondent shall remain compliant with the terms of his unsupervised probation in Sheridan County; and (3) Respondent shall commit no further violations of the Wyoming Rules of Professional Conduct ***"

         Although Respondent has been generally compliant with the November 15, 2015, Monitoring Agreement, Respondent had one positive Soberlink breath test on Saturday, March 5, 2016, prior to entry of the June 29, 2016, Order of Suspension with Probation. The positive sample was given at 9:17 a.m. Respondent provided a negative sample at 2:09 p.m. Respondent also provided a urine screen on March 7, 2016, which returned negative for alcohol metabolites. Respondent discussed this incident with John Ordiway, WPAP's Clinical Director, and agreed to schedule counseling regarding the incident. Mr. Ordiway did not recommend any changes to Respondent's monitoring program as a result of the incident. At the time the Board approved the ...


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