Case Information

*1 IN THE SUPREME COURT, STATE OF WYOMING 2017 WY 38

April Term, A.D. 2017 April 5, 2017 BOARD OF PROFESSIONAL

RESPONSIBILITY, WYOMING

STATE BAR,

Petitioner, D-17-0002

v.

BRIAN M. REED BENIGHT, WSB#

7-5100,

Respondent.

O RDER S USPENDING A TTORNEY FROM THE P RACTICE OF L AW

[¶1] This matter came before the Court upon a “Report and Recommendation for Order of Reciprocal Discipline,” filed herein March 17, 2017, by the Board of Professional Responsibility for the Wyoming State Bar, pursuant to Rule 12 (Stipulated Discipline) and Rule 19 (Discipline Imposed by Foreign Jurisdiction) of the Wyoming Rules of Disciplinary Procedure. After a careful review of the Board of Professional Responsibility’s Report and Recommendation and the file, this Court finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Respondent Brian M. Reed Benight should be suspended from the practice of law for two years, consistent with the discipline imposed by the Presiding Disciplinary Judge of the Colorado Supreme Court. It is, therefore,

[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report and Recommendation for Order of Reciprocal Discipline, 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, consistent with the discipline imposed by the Presiding Disciplinary Judge of the Colorado Supreme Court and as a result of the *2 conduct set forth in the Report and Recommendation for Order of Reciprocal Discipline, Respondent Brian M. Reed Benight shall be, and hereby is, suspended from the practice of law for a period of two years, effective upon entry of this order; and it is further [¶4] ORDERED that the Wyoming State Bar may issue a press release consistent with the one contained in the Report and Recommendation for Order of Reciprocal Discipline; and it is further

[¶5] ORDERED that, during the period of suspension, Respondent shall comply with the requirements of the Wyoming Rules of Disciplinary Procedure, particularly the requirements found in Rule 21 of those rules; and it is further

[¶6] ORDERED that, pursuant to Rule 25 of the Wyoming Rules of Disciplinary Procedure, Respondent shall reimburse the Wyoming State Bar the amount of $50.00, representing the costs incurred in handling this matter, as well as pay the administrative fee of $750.00. Respondent shall pay the total amount of $800.00 to the Wyoming State Bar on or before May 31, 2017; and it is further

[¶7] ORDERED that the Clerk of this Court shall docket this Order Suspending Attorney from the Practice of Law, along with the incorporated Report and Recommendation for Order of Reciprocal Discipline, as a matter coming regularly before this Court as a public record; and it is further

[¶8] ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of Disciplinary Procedure, this Order Suspending Attorney from the Practice of Law, along with the incorporated Report and Recommendation for Order of Reciprocal Discipline, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further [¶9] ORDERED that the Clerk of this Court cause a copy of this Order Suspending Attorney from the Practice of Law to be served upon Respondent Brian M. Reed Benight. [¶10] DATED this 5 th day of April, 2017.

BY THE COURT: /s/

E. JAMES BURKE Chief Justice *3 D-17-0 02 JN THE SUPRE COURT BEFORE THE SUPREME COUR' STATE OF WYOMING FILED STATE OF WYOMING In matter f

BRIAN M. REED BENIGHT,

WSB # 7-5100,

Respondent.

REPORT AND RECOMMENDATION FOR ORDER OF RECIPROCAL DISCIPLINE THIS MATTER came before Board Professional Responsibility on 14th day of March, consideration Stipulated Motion for Order Reciprocal Discipline sub- mitted pursuant Rules 19 Wyoming Rules Disciplinary Procedure, and Board having reviewed Stipulation, accompanying affidavit factual basis being fully advised premises, FINDS, CONCLUDES RECOMMENDS as follows: was admitted practice 2013. He is resident Colorado, where he was also licensed December "Opinion and Order Imposing Sanctions Under

C.R.C.P. 251.1 9(b) , Office Presiding Colora- do Supreme Court. Opinion Order resulted Respondent's violation RuIe 8.4(b) Rules Professional C on du t, provides it professional misconduct lawyer commit criminal act reflects adversely on lawyer's honesty, trustwor- thiness, fitness lawyer other respects.' Opinion Order imposed year upon Respondent, take effect upon issuance "Order Notice Suspen- sion." W y m ' W. R.P. C. Ru Ie 8 . 4( b ) i s id en ti cal .

3. On January 2017, th e Presiding Disciplinary an "Order N o- tice of Suspension?' suspending th e of for a period of years, effective immediately.

4. Respondent's two-year in C ol o r ad o followed Respondent's plea of guilty subsequent conviction in Colorado of unlawful sexual contact with a fifteen-year-old girl, a Class A Misdemeanor under Law. January Bar Counsel filed a formal charge pursuant Rule I 9(d) of

the Rules of Procedure, which provides:

Upon receiving notice that attorney subject these rules has been publicly disciplined in another jurisdiction, Bar Counsel shall obtain the disciplinary order prepare file formal charge against the attorney as provided in Rule If Bar Counsel intends either claim that substantially different discipline is war- ranted or present additional evidence, notice that intent shall be given in formal charge. If the attorney intends challenge the validity the disciplinary order entered in the foreign jurisdiction, the attorney must file with the BPR Clerk answer full copy the record the disciplinary proceedings re- sulted the imposition that disciplinary order within days after service formal charge such greater time as the BPR Chair may allow good cause shown. At conclusion proceedings brought under this Rule, BPR shall issue report recommendation that same discipline b e imposed as was imposed by foreign jurisdiction, unless it determined by BPR that: (1) The procedure followed foreign jurisdiction did not comport with re-

quirements due process law; ( 2) Th e pr oof u p n w hi c h the foreign jur isdict ion ba sed its d e t e rm n a t o n of mi s-

conduct so infirm BPR cannot, consistent with it s duty, accept as fi- nal determination foreign jurisdiction;

( 3) imposition same discipline as imposed foreign jurisdic-

tion would result grave injustice; or ( 4) misconduct proved warrants substantially different form disci-

pline be recommended by BPR. Ru le I 9(a) provides, "Except otherwise provided these rules, final adjudi- cation another jurisdiction misconduct on t it u ti grounds discipline an a tt r ne y *5 shall, purposes of proceedings p ur s u an t to these rules, conclusively establish such miscon- duct." T he Colorado Order and Notice of Suspension a final adjudication of such misconduct.

7. January 2017, Bar Counsel filed formal charge p ur s u an t to Rule 19(d). Respondent timely filed a n answer the formal charge on February in he ad- mitted the allegations of the formal charge.

8. Bar Counsel does not claim that substantially different d is c i pl i ne warranted. Respondent does not challenge the validity of the Colorado Order and Notice of Suspension. For reasons stated in Stipulation and based on the facts and admissions in Re- spondent's affidavit of factual basis, Board recommends that Court issue an Order of Re- ciprocal Discipline. If Court accepts Board's recommendation issues an Order Recipro-

cal Discipline accordance herewith, Bar Counsel Respondent have agreed following press release: Wyoming Supreme Court issued an order reciprocal discipline suspending

Colorado lawyer Brian M. Reed Benight f r o m period years. reciprocal order stemmed corresponding or- der P r e s d n Colorado Supreme Court followed Benight's p l e a guilty conviction criminal act reflects adversely on Benight's honesty, trustworthiness, fitness law- yer other respects. Benight ordered p a y an administrative f e e the a mo u nt of $ 7 5 0 . 0 a d t s f $ 5 0 . 0 0 t o t h e W y o m ing Stat e Ba r.

For foregoing reasons, Board Professional Responsibility recommends Court issue Order Reciprocal Discipline further order pay adminis- trative fee amount $750.00 costs $50.00 State Bar.

DATED this 4 5 -- day March,

. W. Studer, Chair Board Professional Responsibility W yo mi ng S t a t e B a r

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