BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. WILLIAM DANIEL ELSOM, Attorney No. 5-2785

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. WILLIAM DANIEL ELSOM, Attorney No. 5-2785
2008 WY 76
187 P.3d 358
Case Number: D-07-0004
Decided: 07/03/2008

April Term, A.D. 2008

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR,

Petitioner,

v.

WILLIAM DANIEL ELSOM, Attorney No. 5-2785,

Respondent.

[¶1]      This matter came before the Court upon the "Findings of Fact, Conclusions of Law and Recommendation for Reinstatement," filed herein June 4, 2008, by the Board of Professional Responsibility for the Wyoming State Bar.  After a careful review of the Board of Professional Responsibility's "Findings of Fact, Conclusions of Law and Recommendation for Reinstatement;" the transcript from the Board's April 22, 2008, hearing in this matter; and the file, this Court finds as follows. 

1.   On July 27, 2006, this Court, acting pursuant to Rule 10(e) of the Rules of the Wyoming State Board of Continuing Education, suspended Respondent William Daniel Elsom from the practice of law, due to his failure to comply with the continuing legal education (CLE) requirements contained in Rule 4 of those rules. 

2.   On October 5, 2006, a "Judgment in a Criminal Case" was entered in the case of United States of America v. William D. "Dan" Elsom, Case Number 05-DR-231-02J in the United States District Court for the District of Wyoming.  In that judgment, Mr. Elsom was convicted of conspiracy to commit sales of unregistered securities, a felony under federal law.  See 18 U.S.C. § 371; 15 U.S.C. § 77e(a)(2); 15 U.S.C. § 77x; and 18 U.S.C. § 3559(a). 

3.   This Court was not formally apprised of Mr. Elsom's conviction until August 30, 2007, when Bar Counsel filed a "Notice of Filing of Judgment."

4.   On September 25, 2007, this Court, acting pursuant to Section 18 of the Disciplinary Code for the Wyoming State Bar, suspended Mr. Elsom from the practice of law, following conviction of a "serious crime."  See Section 3(y)(i) (Defining "Serious Crime" as "Any felony").  Under Section 18, when a judgment of a serious crime is filed with this Court, this Court is required to "enter an order immediately suspending the attorney, pending final disposition in a disciplinary proceeding." 

5.   The Board of Professional Responsibility conducted disciplinary proceedings, and it also considered Mr. Elsom's request for reinstatement.  In the present "Findings of Fact, Conclusions of Law and Recommendation for Reinstatement," the Board of Professional Responsibility (Board) recommends that Respondent Elsom be reinstated to the practice of law.  The Board concluded that Mr. Elsom "has been suspended from the practice of law for nearly two years.  No further disciplinary action against [Mr. Elsom] is required or recommended."  

6.   This Court agrees with the Board's implicit conclusion that a two-year suspension is the appropriate discipline in this matter.  However, this Court differs with the Board with respect to how that period of suspension should be measured.  This Court finds that the two-year suspension should be measured from September 25, 2007, the day this Court, acting pursuant to Section 18 of the Disciplinary Code, suspended Mr. Elsom from the practice of law.  Therefore, this Court finds that it must reject the Board's recommendation to reinstate Mr. Elsom.   

7.   The Court also finds that is should comment on Mr. Elsom's CLE suspension.  As of this writing, the Board of Continuing Legal Education has not recommended that Mr. Elsom be reinstated from his CLE suspension.  See Rule 12 of the Rules of the WyomingState Board of Continuing Education.  Before Mr. Elsom can be fully reinstated to the practice of law, he must also resolve, as a separate matter, his CLE suspension. 

[¶2]      IT IS, THEREFORE, ADJUDGED AND ORDERED that the Board of Professional Responsibility's Findings of Fact, Conclusions of Law and Recommendation for Reinstatement, which is attached hereto and incorporated herein, shall be, and the same hereby is, adopted in part and rejected in part, as noted above; and it is further

[¶3]      ADJUDGED AND ORDERED that, as a result of his felony conviction, Respondent William Daniel Elsom shall be, and hereby is, suspended from the practice of law for a period of two years, with that period of suspension beginning on September 25, 2007, the day this Court, acting pursuant to Section 18 of the Disciplinary Code for the Wyoming State Bar, suspended Mr. Elsom from the practice of law; and it is further

[¶4]      ORDERED that, on or before September 30, 2008, William Daniel Elsom shall reimburse the Wyoming State Bar the amount of $3,095.54, representing the costs of the Board's hearing in this matter; and it is further

[¶5]      ORDERED that, pursuant to Rule 4(c) of the Disciplinary Code for the Wyoming State Bar, this Order Suspending Attorney from the Practice of Law, along with the incorporated Findings of Fact, Conclusions of Law and Recommendation for Reinstatement, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶6]      ORDERED that the Clerk of this Court shall docket this Order Suspending Attorney from the Practice of Law, along with the Findings of Fact, Conclusions of Law and Recommendation for Reinstatement, as a matter coming regularly before this Court as a public record; and it is further

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

DATED this 2nd day of July, 2008.

                                                                        BY THE COURT:

                                                                        BARTON R. VOIGT

                                                                        Chief Justice