Case Information
*1 IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 21
October Term, A.D. 2016 March 1, 2017 BOARD OF PROFESSIONAL
RESPONSIBILITY, WYOMING
STATE BAR,
Petitioner,
D-16-0002
v.
CLAY B. JENKINS, WSB # 5-2249,
Respondent.
ORDER EXTENDING PERIOD OF SUSPENSION WITH PROBATION [¶1]
This matter came before the Court upon a “Report and Recommendation for Order Extending Period of Suspension with Probation,” filed herein February 17, 2017, by the Board of Professional Responsibility for the Wyoming State Bar. On June 29, 2016, this Court entered an “Order of Suspension with Probation,” which suspended (with probation) Respondent from the practice of law for a period of six months. Board of Professional Responsibility v. Jenkins , 2016 WY 64, 376 P.3d 477 (Wyo. 2016). Now, after a careful review of the Board of Professional Responsibility’s Report and Recommendation for Order Extending Period of Suspension with Probation and the file, the Court finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Respondent, Clay B. Jenkins, should be suspended (with probation) for an additional six months. It is, therefore,
[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s “Report and Recommendation for Order Extending Period of Suspension with Probation,” which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further [¶3] ADJUDGED AND ORDERED that, effective December 30, 2016, Clay B. Jenkins is suspended from the practice of law for six months, with that suspension stayed *2 in favor of six months of probation. Such stay is conditioned on the following probationary terms: (1) Respondent shall remain compliant with the WPAP Monitoring Agreement and the recommendations of his therapist; (2) Respondent shall remain compliant with the terms of his unsupervised probation in Sheridan County; and (3) Respondent shall commit no further violations of the Wyoming Rules of Professional Conduct; and it is further
[¶4] ORDERED that the Clerk of this Court shall docket this Order Extending Period of Suspension with Probation, along with the incorporated Report and Recommendation for Order Extending Period of Suspension with Probation, as a matter coming regularly before this Court as a public record; and it is further
[¶5] ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of Disciplinary Procedure, this Order Extending Period of Suspension with Probation, along with the incorporated Report and Recommendation for Order Extending Period of Suspension with Probation, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further
[¶6] ORDERED that the Clerk of this Court cause a copy of this Order Extending Period of Suspension with Probation to be served upon Respondent, Clay B. Jenkins. [¶7] DATED this 1 st day of March, 2017.
BY THE COURT:* /s/
E. JAMES BURKE Chief Justice *Justice Davis took no part in the consideration of this matter.
BEFORE THE SUPREME COURT STATE OF WYOMING IN THE SUPREME COURT STATE OF WYOMING FILED In matter of ) FEB 1 7 CLAY B. JENKINS, )
WSB No. 5-2249, ) CAROL Ti-r PSON, CLERK D-16-0002 ) by CHEF DEPUTY
Respondent. ) R EP O R T AND REC OMMEND ATION F O R O R ER EXTENDING PERIOD OF SUSPENSION WITH PROBATION THIS MATTER came before Board Professional Responsibility on 14 th day of February, consideration s t i p u l at e d t extend teiiii Respondent's Suspension Probation, having reviewed Stipulation, accompanying Affidavit Factual Basis being fully a v s d in premises, FINDS RECOMMENDS as follows: has licensed practice law State Wyoming since
has maintained law practice in Sheridan, Wyoming. has history substance abuse, he addressed varying c c s over years. most recent substance-related arrest oc cu rre d in Sheridan in June was resolved plea guilty DUI charges brought he Circuit Court Fifth Judicial District. On February Judgment Sentence was entered by C ir c ui Judge Shelley Cundiff. sentenced 180 days jail (150 days suspended), placed two ye ar s unsu- pe rvi sed probatio n, nd or dere to l y w it h M on it or in g A gr ee m en wh ich ha d voluntarily nt ed into Assistance Program (WPAP). Respondent *4 promptly provided a copy of the Judgment Sentence to Bar Counsel authorized WPAP share information with with Probation Parole.
Following entry of Judgment Sentence, discussions between Respondent culminated in a stipulated motion for a six suspension stayed in favor of six months of probation. On June 29, 2016, the Supreme issued Order of Suspension with Probation which approved this Board's Amended Report Recommendation for Order of Suspension with Probation. The Court's order provided, in pertinent part:
[E]ffective immediately, Clay B. Jenkins suspended fro m he ra ct ic e of law for with suspension stayed favor of six months of probation. Such stay conditioned on the following probationary terms: (1) Respondent shall remain compliant with the WPAP Monitoring Agreement; (2) Respondent shall remain compliant with his unsupervised Sheridan County; (3) Respondent shall commit no further violations Wyoming Rules Conduct ***"
Although Respondent generally compliant with November 15, 2015, Moni- toring Agreement, had one positive Soberlink breath test on Saturday, March 5, prior entry J u n 2016, Order Suspension with Probation. The positive sample given at 9:17 a.m. provided a negative sample at 2:09 p.m. Respond- ent also provided urine screen on March returned negative alcohol metabo- lites. discussed this incident John Ordiway, WPAP's Clinical r ct o r , agreed schedule un li n g regarding incident. Mr. Ordiway did n o t recommend any changes monitoring program as result incident. At me Board approved stipulated suspension probation, at time Co urt issued Order Suspension Probation June 2 0 16 , all other breath urine drug screens had tested n eg ti v e.
According g l r reports provided by WPAP, maintained his sobriety throughout his h probation, until late 2016. Re- *5 spondent visited his mother siblings Northfield, Minnesota from 15, 2016, January 4, 2017. During that visit, had several positive missed Sober link tests. These were r po r ed to Bar Counsel via a January 4, 2017, letter from Candice Coc hran , WPAP Executive Director, stating, "During Christmas holiday, Mr. Jenkins had numerous positive rnissed Sober link tests. John Ordiway, MS, LPC, LAT [WPAP's Clinical Director] at- tempting reach Clay d sc s these positives. We will be submitting a formal non- compliance letter when that contact has been made."
By letter dated January 26, 2017, Ms. Cochran provided Bar Counsel details re- garding Respondent's lapse during his visit Minnesota. Ms. Cochran reported that Respond- ent was meeting his therapist, Judee Anderson, LAT, LPC, LAC, that Ms. Anderson would be sending treatment recommendations.
By letter dated February Ms. Cochran informed Bar Counsel that Ms. Ander- son's treatment recommendations had been received that WPAP supports the following recommendations from Ms. Anderson:
1. Increase Respondent's individu al therapy bi-weekly at a minimum 2. Continued use Soberlink monitoring
3. Continued attendance at AA
On February Bar met Judge Cundiff report- ed Respondent's Christmas holiday lapse. Judge Cundiff was inforrned that proposed submit stipulated extending sus- pension an additional months. Ju dge Cundiff supportive pro- posal, st ate that doing well lw ay pleasure have her court.
Accordingly, Res pond ent proposed and stipulated ri extended additional beginning ec be 2016, *6 conditioned upon compliance with the following of probation pursuant Rule 9(c) of the Wyoming Ru les of Disciplinary Procedure:
1. During the period probation, shall be six month probation run concurrently the suspension, Respondent will remain compliant the Moni- toring Agreement and the treatment recommendations therapist WPAP.
2. During the period probation, Respondent will remain compliant with the er s o f h s n su p e rv i s e pro bati i n Sh erid an Cou nty.
3. During the period o f probation, Respondent shall commit no further viola- tions o f the Rules Conduct.
Respondent understands acknowledges that if, during the period probation, receives information h a t any condition may have violated, may file the Board specifying the alleged violation seeking an order requiring Respondent show cause w h y stay should not b lifted the suspen- sion activated violation condition. agree stipulate that is unlikely harm the
public during p io o f probation can b adequately supervised; that able perform legal services able practice law without causing courts or profession fall into disrepute; that not committed acts warranting disbarment. The parties further agree a nd stipulate that shall run concurrently period us ns n. The Board finds that these stipulations are reasonable nd sup- ported b y the record.
For reasons stated Stipulation based f admissions Re- spondent's Affidavit, recommends Wyorning Supreme issue order *7 additional month commencing stayed pursuant concurrent, accordance set forth above.
DATED this 13 day February, 2017.
J A.W. Studer, Chair Responsibility State