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Board of Professional Responsibility v. Reed Benight

Supreme Court of Wyoming

April 5, 2017

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 ...


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