Attorney Discipline, 1220 WYBJ, Vol. 43 No. 6. 54
| Position | Vol. 43 6 Pg. 54 |
Immediate Suspension
The Wyoming Supreme Court issued an order of immediate suspension for Sheridan attorney Clay B. Jenkins. This suspension is pending resolution of the formal charge that has been, or will be, filed against Jenkins.
Public Censure
The Wyoming Supreme Court issued an order of public censure to Riverton attorney Collin C. Hopkins. The public censure stemmed from Hopkins’ failure to comply with discovery in representing a client in a medical malpractice case. Hopkins failed to timely comply with discovery requirements including an order compelling compliance. As a result, the court assessed sanctions against Hopkins in excess of $15,000 for the attorneys’ fees incurred by the other side in seeking to enforce compliance with discovery.
Hopkins stipulated that his conduct constituted a violation of Rule 3.4(c) (failure to comply with rules of the tribunal), Rule 3.4(d) (failure to cooperated with discovery) and Rule 8.4(d) (conduct prejudicial to the administration of justice) of the Wyoming Rules of Professional Conduct. In approving the stipulation of Hopkins and Bar Counsel for a public censure as the appropriate sanction for Hopkins’ misconduct and pursuant to the report and recommendation of a Review Panel of the Board of Professional Responsibility, the Court ordered Hopkins to pay an administrative fee in the amount of $750.00 and costs of $50.00 to the Wyoming State Bar.
Private Reprimands
The Review and Oversight Committee (ROC) of the Wyoming State Bar issued an order of private reprimand to an attorney who undertook to defend a client in a lawsuit. The attorney failed to timely file an answer to the lawsuit, which resulted in a $20,000 default judgment against the client. After exhaustive but ultimately unsuccessful efforts to have the default judgment set aside, the attorney paid the judgment from the attorney’s own funds and also refunded the client’s fee. In determining that a private reprimand is the appropriate sanction for the attorney’s violations of Rule 1.3 (diligence), the ROC gave due consideration to several mitigating factors present in the case, including the attorney’s expression of remorse, his acceptance of responsibility, his payment of restitution, his cooperative attitude in entering into a stipulated resolution of the...
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