[¶1] This matter came before the Court upon the "Report and Recommendation for Reinstatement," filed herein June 19, 2017, by the Board of Professional Responsibility for the Wyoming State Bar. By order entered August 1, 2014, this Court suspended Respondent from the practice of law for a period of three years. Board of Professional Responsibility, Wyoming State Bar v. Richard , 2014 WY 98, 335 P.3d 1036 (Wyo. 2014). Respondent subsequently sought reinstatement.
[¶16] "The purposes of the state bar disciplinary procedure are to maintain ‘the integrity of the bar,’ ‘to prevent the transgressions of an individual lawyer from bringing its image into disrepute’ and to ‘protect the public and the administration of justice.’ " Bd. of Prof'l Responsibility v. Richard , 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo. 2014) (citing Bd. of Prof'l Responsibility v. Casper , 2014 WY 22, ¶ 7, 318 P.3d 790, 793 (Wyo. 2014); Bd. of Prof'l Responsibility v. Davidson , 2009 WY 48, ¶ 17, 205 P.3d 1008, 1015 (Wyo. 2009) ; In re Clark , 613 P.2d 1218, 1221 (Wyo. 1980) ). "The BPR is an ancillary body structured by the Court and has no independent power, jurisdiction, or authority other than that specifically delegated to it in accordance with" the Rules of Disciplinary Procedure. Rule 16(b), Wyoming Rules of Disciplinary Procedure. In attorney disciplinary proceedings, this Court "will give due consideration to the findings and recommendations of the BPR, but the ultimate judgment in [disciplinary] proceedings ... is vested in the Court."
Id.Bd. of Prof'l Responsibility v. Richard, 2014 WY 98, ¶¶ 51–53, 335 P.3d 1036 (Wyo.2014).DISCUSSION
[¶3] From 2006 through 2012, the Office of Bar Counsel investigated Ms. Richard's alleged violations of the Rules of Professional Conduct in seven different court cases, ultimately consolidating them into a single disciplinary proceeding. Bd. Pro. Resp., Wyo. State Bar v. Richard, 2014 WY 98, ¶ 2, 335 P.3d 1036, 1039-40 (Wyo. 2014). During the investigation into one of those seven cases, Fields v. Waterhouse, Ms. Richard was briefly represented by Mr. Wes Reeves.
[¶ 18] The purposes of attorney discipline are to protect the public, maintain the integrity of the legal system, assure the fair administration of justice, and deter other lawyers from engaging in similar misconduct. Bd. of Prof'l Responsibility v. Richard, 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo.2014) ; In re Abrams, 227 Ariz. 248, 257 P.3d 167, 169–70 (2011) ; In re Wiederholt, 24 P.3d 1219, 1226 (Alaska 2001). To this end, the Wyoming Supreme Court adopts and promulgates rules governing the professional conduct of attorneys, organizing the bar association, and establishing the procedure for attorney discipline.
[¶3] "The purposes of the state bar disciplinary procedures are to maintain the integrity of the bar, to prevent the transgressions of an individual lawyer from bringing its image into disrepute and to protect the public and the administration of justice." Bd. of Pro. Responsibility v. Richard, 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo. 2014) (citations and quotation marks omitted). See also, ABA Standards for Imposing Lawyer Sanctions § 1.1 (ABA Standards).
State Bar v. Stinson, 2014 WY 134, ¶ 29, 337 P.3d 401, 409 (Wyo. 2014) (quoting Bd. of Pro. Resp., Wyo. State Bar v. Richard, 2014 WY 98, ¶ 53, 335 P.3d 1036, 1052 (Wyo. 2014), reinstatement granted, 2017 WY 80, ¶ 53, 397 P.3d 201 (Wyo. 2017)). Our review is conducted with a focus on "safeguarding the interests of the public, the courts, and the legal profession."
The disciplinary and disability procedures are used to maintain the highest standards of professional conduct, to maintain the integrity of the bar, to protect the public, and to protect the administration of justice. W.R.D.P. 1(a); Hinckley, 2022 WY 18, ¶ 3, 503 P.3d at 593 (quoting Bd. of Prof'l Resp. v. Richard, 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo. 2014)).
"The purposes of the state bar disciplinary procedures are to maintain the integrity of the bar, to prevent the transgressions of an individual lawyer from bringing its image into disrepute and to protect the public and the administration of justice." Hinckley, 2022 WY 18, ¶ 3, 503 P.3d at 593 (quoting Bd. of Pro. Resp. v. Richard, 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo. 2014)). "[T]he responsibility of this Court is not to punish, but to inquire into and gauge a lawyer's continued fitness to practice law."
"The purposes of the state bar disciplinary procedures are to maintain the integrity of the bar, to prevent the transgressions of an individual lawyer from bringing its image into disrepute and to protect the public and the administration of justice." Bd of Pro. Responsibility v. Richard, 2014 WY 98, ¶ 51, 335 P.3d 1036, 1051 (Wyo. 2014) (citations and quotation marks omitted). See also, ABA Standards for Imposing Lawyer Sanctions § 1.1 (ABA Standards).