BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner,
v.
BRIAN M. REED BENIGHT, WSB# 7-5100, Respondent.
ORDER SUSPENDING ATTORNEY FROM THE PRACTICE OF
LAW
E.
JAMES BURKE Chief Justice
[¶1]
This matter came before the Court upon a "Report and
Recommendation for Order of Reciprocal Discipline, "
filed herein March 17, 2017, by the Board of Professional
Responsibility for the Wyoming State Bar, pursuant to Rule 12
(Stipulated Discipline) and Rule 19 (Discipline Imposed by
Foreign Jurisdiction) of the Wyoming Rules of Disciplinary
Procedure. After a careful review of the Board of
Professional Responsibility's Report and Recommendation
and the file, this Court finds that the Report and
Recommendation should be approved, confirmed, and adopted by
the Court, and that Respondent Brian M. Reed Benight should
be suspended from the practice of law for two years,
consistent with the discipline imposed by the Presiding
Disciplinary Judge of the Colorado Supreme Court. It is,
therefore, [¶2] adjudged and ordered that the Board of
Professional Responsibility's Report and Recommendation
for Order of Reciprocal Discipline, 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, consistent with the discipline
imposed by the Presiding Disciplinary Judge of the Colorado
Supreme Court and as a result of the conduct set forth in the
Report and Recommendation for Order of Reciprocal Discipline,
Respondent Brian M. Reed Benight shall be, and hereby is,
suspended from the practice of law for a period of two years,
effective upon entry of this order; and it is further
[¶4]
ORDERED that the Wyoming State Bar may issue a press release
consistent with the one contained in the Report and
Recommendation for Order of Reciprocal Discipline; and it is
further
[¶5]
ORDERED that, during the period of suspension, Respondent
shall comply with the requirements of the Wyoming Rules of
Disciplinary Procedure, particularly the requirements found
in Rule 21 of those rules; and it is further
[¶6]
ORDERED that, pursuant to Rule 25 of the Wyoming Rules of
Disciplinary Procedure, Respondent 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 $750.00. Respondent shall pay the total
amount of $800.00 to the Wyoming State Bar on or before May
31, 2017; and it is further
[¶7]
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 Order of
Reciprocal Discipline, as a matter coming regularly before
this Court as a public record; and it is further
[¶8]
ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of
Disciplinary Procedure, this Order Suspending Attorney from
the Practice of Law, along with the incorporated Report and
Recommendation for Order of Reciprocal Discipline, shall be
published in the Wyoming Reporter and the Pacific Reporter;
and it is further
[¶9]
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 Brian M. Reed Benight.
REPORT
AND RECOMMENDATION FOR ORDER OF RECIPROCAL
DISCIPLINE
THIS
MATTER came before the Board of Professional Responsibility
on the 14th day of March, 2017, for consideration
of the Stipulated Motion for Order of Reciprocal Discipline
submitted pursuant to Rules 12 and 19 of the Wyoming Rules of
Disciplinary Procedure, and the Board having reviewed the
Stipulation, the accompanying affidavit of factual basis and
being fully advised in the premises, FINDS, CONCLUDES and
RECOMMENDS as follows:
1.
Respondent was admitted to practice in Wyoming in 2013. He is
a resident of Colorado, where he is was also licensed to
practice law in 2013.
2. On
December 8, 2016, an "Opinion and Order Imposing
Sanctions Under C.R.C.P. 251.19(b)" was issued by the
Office of the Presiding Disciplinary Judge of the Colorado
Supreme Court. The Opinion and Order resulted from
Respondent's violation of Rule 8.4(b) of the Colorado
Rules of Professional Conduct, which provides that it is
professional misconduct for a lawyer to commit a criminal act
that reflects adversely on the lawyer's honesty,
trustworthiness, or fitness as a lawyer in other
respects.[1] The Opinion and Order imposed a two year
suspension upon Respondent, to take effect upon issuance of
an "Order and Notice of Suspension."
3. On
January 12, 2017, the Presiding Disciplinary Judge issued an
"Order and Notice of Suspension" suspending
Respondent from the practice of law for a ...