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Board of Professional Responsibility, Wyoming State Bar v. Jenkins

Supreme Court of Wyoming

August 2, 2017

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

          ORDER REINSTATING ATTORNEY TO THE PRACTICE OF LAW

          E. JAMES BURKE Chief Justice [*]

         [¶1] This matter came before the Court upon the "Report and Recommendation for Reinstatement, " filed herein July 13, 2017, by the Board of Professional Responsibility for the Wyoming State Bar. By order entered June 29, 2016, this Court suspended Respondent from the practice of law for a period of six months, with the suspension stayed in favor of six months of probation. Board of Professional Responsibility v. Jenkins, 2016 WY 64, 376 P.3d 477 (Wyo. 2016). By order entered March 1, 2017, this Court extended the suspension with probation by six months, with the extension beginning on December 30, 2016. Board of Professional Responsibility, Wyoming State Bar v. Jenkins, 2017 WY 21, 389 P.3d 1211 (Wyo. 2017). Respondent subsequently sought reinstatement. In the Report and Recommendation for Reinstatement, the Board of Professional Responsibility informs the Court that Respondent has successfully completed the terms of his probation. Now, after a careful review of the 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 the Respondent, Clay B. Jenkins, should be fully reinstated to the practice of law. It is, therefore, [¶2] adjudged and ordered that the Board of Professional Responsibility's Report and Recommendation for Reinstatement, 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 the Respondent, Clay B. Jenkins, be, and hereby is, fully reinstated to the practice of law in Wyoming, effective immediately; and it is further

         [¶4] ORDERED that, pursuant to Rule 9(b) of the Rules of Disciplinary Procedure, this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

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

         [¶6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating Attorney to the Practice of Law to the members of the Board of Professional Responsibility and to the clerks of the appropriate courts of the State of Wyoming.

         [¶7] DATED this 2nd day of August, 2017.

         July11, 2017

         BEFORE THE SUPREME COURT STATE OF WYOMING

         In the matter of CLA Y B. JENKINS, WSB No. 5-2249, Respondent.

         REPORT AND RECOMMENDATION FOR REINSTATEMENT

         THIS MATTER came before the Board of Professional Responsibility on the 11th day of July, 2017, for consideration of Respondent's Application and Affidavit for Reinstatement, and the Board being fully advised in the premises, FINDS and RECOMMENDS as follows:

         1. On June 29, 2016. this Court entered an Order of Suspension with Probation which 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;[1] (2) Respondent shall remain compliant with the terms of his unsupervised probation in Sheridan County; and ...

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