BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR V. CECIL A. CUNDY, WSB ATTORNEY NO. 5-1502

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR V. CECIL A. CUNDY, WSB ATTORNEY NO. 5-1502
2008 WY 158
201 P.3d 158
Case Number: D-08-0001
Decided: 12/31/2008

October Term, A.D. 2008

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR,

Petitioner,

v.

CECIL A. CUNDY, WSB ATTORNEY NO. 5-1502,

Respondent.

Order Suspending Attorney From the Practice of Law

[¶1]      This matter came before the Court upon a "Report and Recommendation for Discipline," filed herein November 26, 2008, by the Board of Professional Responsibility for the Wyoming State Bar.  After a careful review of the Board of Professional Responsibility's Report and Recommendation for Discipline, and the file, this Court finds that the Report and Recommendation should be approved, confirmed and adopted by the Court; and that the Respondent, Cecil A. Cundy, should be suspended from the practice of law for a period of one year, with that period beginning on January 2, 2009.  It is, therefore,

[¶2]      ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for 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, as a result of the conduct set forth in the Report and Recommendation for Discipline, Respondent Cecil A. Cundy shall be, and hereby is, suspended from the practice of law for a period of one year, with that period of suspension beginning on January 2, 2009; and it is further

[¶4]      ORDERED that during the period of suspension, Respondent shall comply with the requirements of the Disciplinary Code for the Wyoming State Bar, particularly the requirements found in Section 22 of the code; and it is further

[¶5]      ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Cecil A. Cundy shall reimburse the Wyoming State Bar the amount of $149.37, representing the costs incurred in handling this matter, as well as pay an administrative fee of $2,500.00, by paying the total amount of $2,649.37 to the Clerk of the Board of Professional Responsibility, on or before February 15, 2009; and it is further

[¶6]      ORDERED that, pursuant to Section 4(c) of the Disciplinary Code for the Wyoming State Bar, this Order Suspending Attorney from the Practice of Law, along with the incorporated Report and Recommendation, shall be published in the Wyoming Reporter and the Pacific Reporter; 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 Report and Recommendation, as a matter coming regularly before this Court as a public record; and it is further

[¶8]      ORDERED that the Clerk of this Court transmit a copy of this Order Suspending Attorney from the Practice of Law to the members of the Board of Professional Responsibility and to the clerks of the appropriate courts of the State of Wyoming.

DATED this 30th day of December, 2008.

                                                                        BY THE COURT:

                                                                        /s/ Barton R. Voigt                           

                                                                        BARTON R. VOIGT

                                                                        Chief Justice