Board of Professional Responsibility, Wyoming State Bar v. William K. Struemke, Wsb 7-4619

IN THE SUPREME COURT, STATE OF WYOMING 2024 WY 112 October Term, A.D. 2024 November 6, 2024 BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, V. D-19-0001 WILLIAM K. STRUEMKE, WSB # 7-4619, Respondent. ORDER TRANSFERRING ATTORNEY FROM DISABILITY INACTIVE STATUS TO ACTIVE STATUS AND ORDER OF 30 MONTH SUSPENSION [¶ 1] This matter came before the Court upon the Board of Professional Responsibility’s Report and Recommendation that Respondent be Reinstated to Active Status and for Issuance of an Order of Disciplinary Suspension for 30 Months Effective January 30, 2019, filed herein October 23, 2024. The Report and Recommendation is governed by Rule 12 of the Wyoming Rules of Disciplinary Procedure, which governs stipulated discipline, and Rule 23, which governs reinstatement after transfer to disability inactive status. Now, after a careful review of the Report and Recommendation and the file, the Court finds the Report and Recommendation should be approved, confirmed and adopted by the Court, and that William K. Struemke should be reinstated from disability inactive status to active status. The Court also finds that Mr. Struemke should be suspended from the practice of law for 30 months, with that suspension effective July 30, 2019, the date his membership with the Wyoming State Bar was transferred to disability inactive status. [¶ 2] While not discussed in the Report and Recommendation, there is another matter that must be addressed. On January 17, 2019, Mr. Struemke was suspended from the practice of law for failure to timely pay the Wyoming State Bar’s 2018-2019 annual license fee. He has not resolved that suspension by filing a petition for reinstatement with this Court and paying the applicable $300 fee. Wyoming State Bar Bylaws, Art. I, § 5(m); See Bd. of Pro. Resp., Wyoming State Bar v. Elsom, 2010 WY 50 , 234 P.3d 1191 (Wyo. 2010). Nevertheless, given the Board of Professional Responsibility’s finding that Mr. Struemke is “current on payment of annual license fees,” this Court finds Mr. Struemke should be reinstated from his suspension for failure to pay the annual license fee without being required to file a petition for reinstatement, so long as he pays the applicable $300 fee within 30 days of this order. (Report, ¶ 86) It is, therefore, [¶ 3] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report and Recommendation that Respondent be Reinstated to Active Status and for Issuance of an Order of Disciplinary Suspension for 30 Months Effective January 30, 2019, 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 [¶ 4] ADJUDGED AND ORDERED that, effective immediately, Respondent William K. Struemke’s membership in the Wyoming State Bar shall be transferred from disability inactive status to active status. W.R.D.P. 23; and it is further [¶ 5] ADJUDGED AND ORDERED that, as a result of the conduct set forth in the Report and Recommendation, Respondent William K. Struemke shall be, and hereby is, suspended from the practice of law for 30 months, with the period of suspension to begin January 30, 2019; and it is further [¶ 6] ORDERED that, because 30 months has passed since the effective date of the disciplinary suspension, the period of that suspension has expired. In accord with the Report and Recommendation, this Court agrees Mr. Struemke shall not be required to petition for reinstatement from the disciplinary suspension. W.R.D.P. 22; and it is further [¶ 7] ADJUDGED AND ORDERED that Mr. Struemke is hereby reinstated from his suspension for failure to pay with the annual license fee. However, he shall pay this Court the applicable $300 reinstatement fee on or before December 6, 2024. Wyoming State Bar Bylaws, Art. I, § 5(m) & (n). If Mr. Struemke fails to make that payment in the time allotted, this Court will reimpose the suspension for failure to pay with the annual license fee; and it is further [¶ 8] ORDERED that, pursuant to Rule 25 of the Wyoming Rules of Disciplinary Procedure, Mr. Struemke shall reimburse the Wyoming State Bar the amount of $50.00, which represents the costs incurred in handling this matter, as well as pay administrative fees of $2,250.00. Mr. Struemke shall pay the total amount of $2,300.00 to the Wyoming State Bar on or before January 6, 2025. If Mr. Struemke fails to make payment in the time allotted, execution may issue on the award; and it is further [¶ 9] ORDERED that the Wyoming State Bar may issue the press release contained in the Report and Recommendation that Respondent be Reinstated to Active Status and for Issuance of an Order of Disciplinary Suspension for 30 Months Effective January 30, 2019; and it is further [¶ 10] ORDERED that the Clerk of this Court shall docket this Order Transferring Attorney from Disability Inactive Status to Active Status and Order of 30 Month Suspension, along with the incorporated Report and Recommendation that Respondent be Reinstated to Active Status and for Issuance of an Order of Disciplinary Suspension for 30 Months Effective January 30, 2019 as a matter coming regularly before this Court as a public record; and it is further [¶ 11] ORDERED that, pursuant to Rule 9(b) of the Wyoming Rules of Disciplinary Procedure, this Order Transferring Attorney from Disability Inactive Status to Active Status and Order of 30 Month Suspension, along with the incorporated Report and Recommendation that Respondent be Reinstated to Active Status and for Issuance of an Order of Disciplinary Suspension for 30 Months Effective January 30, 2019 shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further [¶ 12] ORDERED that the Clerk of this Court cause a copy of this Order Transferring Attorney from Disability Inactive Status to Active Status and Order of 30 Month Suspension to be served on Respondent William K. Struemke. DATED this 6th day of November, 2024. BY THE COURT:* /s/ KATE M. FOX Chief Justice *Justice Jarosh took no part in the consideration of this matter.