BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MARY SCHEIBLE

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR v. MARY SCHEIBLE
2008 WY 120
193 P.3d 1149
Case Number: No. D-01-1
Decided: 10/08/2008

October Term, A.D. 2008

BOARD OF PROFESSIONAL RESPONSIBILITY,WYOMING

STATE BAR,

Petitioner,

v.

MARY SCHEIBLE,

Respondent.

ORDER REINSTATING ATTORNEY TO THE PRACTICE OF LAW, WITH CONDITIONS

[¶1]      This matter came before the Court upon a "Report and Recommendation on Petition for Reinstatement," filed herein September 23, 2008, by the Board of Professional Responsibility for the Wyoming State Bar.  The Court, after a careful review of the Board of Professional Responsibility's Report, as well as the other matters of record, finds that the Board of Professional Responsibility's "Report and Recommendation on Petition for Reinstatement," should be approved, confirmed and adopted by the Court; and that Mary Scheible should be reinstated to the practice of law, subject to the conditions set forth in the "Report and Recommendation on Petition for Reinstatement."  It is, therefore,

[¶2]      ADJUDGED AND ORDERED that the "Report and Recommendation on Petition for Reinstatement," filed herein by the Board of Professional Responsibility for the Wyoming State Bar, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

[¶3]      ADJUDGED AND ORDERED that Mary Scheible shall be, and hereby is, reinstated to the practice of law in this State, upon the following conditions:

1.                  Ms. Scheible shall be evaluated by the Wyoming Professional Assistance Program (WPAP) and shall comply with the requirements and recommendations, if any, made by WPAP.

2.                  Ms. Scheible shall participate for two years in the WyomingState's Bar's mentoring program, to the extent and in the manner approved by Bar Counsel.

3.                  For two years, Ms. Scheible shall provide to Bar Counsel quarterly reports, which shall include, but are not limited to, a spreadsheet describing her pending legal matters and the status of each, as well as other information as required by Bar Counsel.

4.                  Prior to December 31, 2008, Ms. Scheible shall complete 15 hours of Continuing Legal Education, two hours of which must qualify as ethics credit.

5.                  Ms. Scheible shall reimburse the Wyoming State Bar Client Security Fund $1,876.07.  

6.                  On a payment plan approved by Bar Counsel, Ms. Scheible shall reimburse the Wyoming State Bar the amount of $742.86, which represents the costs of the reinstatement hearing.

[¶4]      AND FURTHER, IT IS ORDERED that these conditions are not conditions precedent to Ms. Scheible's reinstatement.  However, in the event Bar Counsel reasonably believes that Ms. Scheible has materially breached any of these conditions, Bar Counsel shall serve written notice to Ms. Scheible of the alleged material breach.  Ms. Scheible shall have twenty (20) days from service of such notice to serve a written response upon Bar Counsel.  If the issues cannot be resolved between Bar Counsel and Ms. Scheible, Bar Counsel may request a hearing before the Board of Professional Responsibility to determine what discipline, if any, is appropriate for the alleged breach.  In such a proceeding, Bar Counsel shall have the burden of proving, by a preponderance of the evidence, a material breach; and it is further   

[¶5]      ORDERED that, pursuant to Rule 4(c) of the Disciplinary Code for the Wyoming State Bar, this "Order Reinstating Attorney to the Practice of Law, with Conditions," along with the incorporated "Report and Recommendation on Petition 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 Reinstating Attorney to the Practice of Law, with Conditions," along with the "Report and Recommendation on Petition 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 to Ms. Scheible, Bar Counsel, members of the Board of Professional Responsibility, and the clerks of the appropriate courts of the State of Wyoming.

DATED this 7th day of October, 2008.

                                                                        BY THE COURT:

                                                                        /s/ William U. Hill                                         

                                                                        WILLIAM U. HILL

                                                                        Justice