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
2010 WY 50
230 P.3d 298
Case Number: D-07-0004
Decided: 04/22/2010

April Term, A.D. 2010

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR,

Petitioner,

v.

WILLIAM DANIEL ELSOM, Attorney No. 5-2785,

Respondent.

Order Lifting Disciplinary Suspension

And

Order Denying Reinstatement to the Practice of Law

[¶1]      This matter came before the Court upon the "Supplemental Findings of Fact and Conclusions of Law," filed herein March 26, 2010, by the Board of Professional Responsibility for the Wyoming State Bar.  In its Supplemental Findings, the Board of Professional Responsibility (BPR) recommends that William Daniel Elsom should be reinstated to the practice of law.  This Court agrees with the BPR that Mr. Elsom has satisfied the terms of his disciplinary suspension.  However, this Court cannot agree that Mr. Elsom should be reinstated to the practice of law, because there is no indication that Mr. Elsom has resolved his CLE suspension. 

[¶2]      In this Court's July 3, 2008 "Order Suspending Attorney from the Practice of Law," this Court included the following comment:

7.  The Court also finds that it 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 Wyoming State 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.

Bd. of Prof'l Responsibility, Wyo. State Bar v. Elsom, 2008 WY 76, ¶ 1, 187 P.3d 358, 359 (Wyo. 2008).

[¶3]      After a careful review of this matter, this Court finds that Mr. Elsom has not resolved his CLE suspension.  This Court has not received a positive recommendation from the Wyoming State Board of Continuing Legal Education.  See Rule 12(c), Rules of the Wyoming State Board of Continuing Legal Education.  It is, therefore,

[¶4]      ADJUDGED AND ORDERED that the Board of Professional Responsibility's Supplemental Findings of Fact and Conclusions of Law, 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

[¶5]      ADJUDGED AND ORDERED that the disciplinary suspension against Respondent Elsom shall be, and hereby is, lifted, effective this date; and it is further

[¶6]      ADJUDGED AND ORDERED that, due to Mr. Elsom's continuing suspension for failing to comply with the continuing legal education requirements, Mr. Elsom cannot be reinstated to the practice of law at this time; and it is further

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

[¶8]      ORDERED that the Clerk of this Court shall docket this Order Lifting Disciplinary Suspension and Order Denying Reinstatement to the Practice of Law, along with the incorporated Supplemental Findings of Fact and Conclusions of Law, as a matter coming regularly before this Court as a public record; and it is further

[¶9]      ORDERED that the Clerk of this Court transmit a copy of this Order Lifting Disciplinary Suspension and Order Denying Reinstatement to 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 22st day of April, 2010.

                                                                        BY THE COURT:

                                                                        /s/ Barton R. Voigt                                       

                                                                        BARTON R. VOIGT

                                                                        Chief Justice