Bd. of Prof'l Responsibility v. Krone
| Decision Date | 25 January 2023 |
| Docket Number | D-16-0005 |
| Citation | 523 P.3d 305 |
| Parties | BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, v. Samuel P. KRONE, WSB # 6-3534, Respondent. |
| Court | Wyoming Supreme Court |
ORDER REINSTATING ATTORNEY TO THE PRACTICE OF LAW
[¶1] This matter came before the Court upon a Report and Recommendation for Reinstatement, filed herein January 17, 2023, by a review panel of the Board of Professional Responsibility for the Wyoming State Bar, pursuant to a stipulation. By order entered May 31, 2018, this Court disbarred Respondent, with the period of disbarment beginning August 24, 2016. Bd. of Pro. Resp., Wyoming State Bar v. Krone , 2018 WY 55, 418 P.3d 253 (Wyo. 2018). Respondent subsequently sought reinstatement. See Rule 22, Wyoming Rules of Disciplinary Procedure. Now, after a careful review of Report and Recommendation for Reinstatement and the file, this Court finds the Report and Recommendation should be approved, confirmed and adopted by the Court and that Respondent Samuel P. Krone should be reinstated to the practice of law. It is, therefore,
[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Reinstatement, filed herein January 17, 2023, 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 the Respondent, Samuel P. Krone, be, and hereby is, reinstated to the practice of law in Wyoming, effective immediately; and it is further
[¶4] ORDERED that, pursuant to Rule 9(b) Wyoming Rules of Disciplinary Procedure, this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further
[¶5] ORDERED that the Clerk of this Court shall docket this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, as a matter coming regularly before this Court as a public record; and it is further
[¶6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating Attorney to 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.
[¶7] DATED this 25th day of January, 2023.
/s/ KATE M. FOX
In the matter of SAMUEL P. KRONE WSB # 6-3534, Respondent.
THIS MATTER came before a Review Panel ("Panel") of the Board of Professional Responsibility ("BPR") on the 10th day of January, 2023, for consideration of the Stipulation for Reinstatement ("Stipulation") filed herein on the 6th day of December, 2022. Present for the hearing held via Zoom were Panel members Christopher H. Hawks (chair), Debra J. Wendtland and Tandy Dockery (nonlawyer member). Mark W. Gifford, Bar Counsel, was present as was Respondent, Samuel P. Krone. The Panel, having reviewed the Stipulation, Respondent's Affidavit ("Affidavit"), having had the opportunity to ask questions of Bar Counsel and Respondent, and being fully advised in the premises, FINDS, CONCLUDES and RECOMMENDS as follows:
Findings of Fact
1. Respondent Samuel P. Krone was admitted to the Wyoming State Bar in 2001. From 2003 until his termination in 2016, Respondent was employed as a deputy in the Park County Prosecuting Attorney's office.
2. On July 29, 2016, a Felony Information was filed in the Circuit Court, Fifth Judicial District, Park County, Wyoming, against Respondent, alleging seven counts of felony and misdemeanor violations by Respondent in the conversion of $9,633.71 in Park County Bar Association dues between 2011 and 2013, when Respondent was serving as the Treasurer of the Association.
3. On August 1, 2016, Bar Counsel filed a "Petition for Immediate Suspension of Attorney" with the Wyoming Supreme Court pursuant to Rule 17 of the Wyoming Rules of Disciplinary Procedure. Bar Counsel initiated these proceedings based upon press coverage of the criminal charges that had been brought against Respondent; there was no complaint filed with the Office of Bar Counsel as contemplated by the Rules of Disciplinary Procedure. Respondent did not file a response to Bar Counsel's petition, choosing to properly resolve the criminal case, rather than potentially have the ability to practice law while the matter was pending. On August 24, 2016, the Court entered an Order of Immediate Suspension of Respondent. On August 25, 2016, Bar Counsel filed a Formal Charge in the above-captioned proceeding pursuant to Rule 13, Wyo.R.Disc.Proc.
4. On October 12, 2017, in the District Court, Fifth Judicial District, Park County, Wyoming, pursuant to a written plea agreement which had previously been presented to the court, Respondent pleaded guilty to one count of violation of W.S. 6-3-402(b) and (c)(i) and W.S. 6-3-410, a felony, and one count of violation of W.S. 6-3-402(a) and (c)(iii), a misdemeanor, both of which arose from Respondent's wrongful conversion of funds belonging to the Park County Bar Association.
5. On October 26, 2017, a "Judgment, Sentence, and Order of Probation on Deferred Prosecution under Wyo.Stat.Ann. § 7-13-301" was entered against Respondent in which the court essentially accepted the written plea agreement. As to the felony count, the court deferred its finding of guilt and placed Respondent on three years’ supervised probation pursuant to Wyoming Statute § 7-13-301. In the event Respondent did not successfully complete the probation for the felony count, the Court would accept the guilty plea on said count and proceed to sentencing.
6. As to the misdemeanor count, Respondent was sentenced to 180 days in jail (165 days suspended) and six months of probation to run concurrently with the probation ordered on the felony count. Respondent was also ordered to pay fees, surcharges and assessments in the amount of $845.00, and to pay restitution to the Park County Bar Association in the amount of $9,633.71. The remaining counts of the Felony Information were dismissed.
7. In disciplinary proceedings that followed the adjudication of his criminal matter, Respondent acknowledged that the Wyoming Rules of Professional Conduct provide, "A lawyer's conduct should conform to the requirements of the law, both in professional service to clients and in the lawyer's business and personal affairs." Preamble, note [5]. Respondent admitted that in committing the foregoing crimes, Respondent violated Rule 8.4(b) () and Rule 8.4(c) ().
8. Respondent's stipulation for order of disbarment and supporting affidavit were presented to and approved by the Board of Professional Responsibility (BPR). On May 18, 2018, the BPR submitted a report and recommendation for Respondent's disbarment effective August 24,2016 (the effective date of the Wyoming Supreme Court's order of immediate suspension), to the Court.
9. On May 31, 2018, the Court issued an order of Respondent's disbarment effective August 24, 2016. Pursuant to Rule 22(b)(1), W.R.Disc.P, Respondent was required to wait five years from the effective date of disbarment before filing a petition for reinstatement.
10. On August 1, 2022, Respondent filed a petition for reinstatement and paid the requisite $1,000.00 fee. As required by Rule 22(b)(1)(A), W.R.Disc.P., Respondent's petition for reinstatement was accompanied by a copy of Respondent's written request for preparation of a character report by the National Conference of Bar Examiners. Respondent's petition was timely under the rules.
11. Respondent is current on the payment of annual license fees and any late charges.
12. Respondent has complied with all continuing legal education requirements during the disciplinary period and has paid all necessary fees.
13. Respondent has paid all restitution ordered by the court in the underlying criminal proceeding.
14. Respondent has complied with all requirements of the Court's Order of Disbarment.
15. Because there was no complainant who initiated the underlying disciplinary proceeding, Bar Counsel could not have provided a copy of Respondent's petition for reinstatement to the complainant as required by the rules governing this proceeding.
Respondent's activities during his suspension
16. As further detailed in his affidavit, Respondent has been employed by Magellan Health of Wyoming in Cody since June 2019 as a Family Care Coordinator, Case Manager and Family Support Partner in the High Fidelity Wraparound Program. High Fidelity Wraparound is a planning process that brings together people from a variety of areas to support families that have complex behavioral health conditions. The goal is to keep children in their homes, provide services in the community and avoid out-of-home placements. The program is funded through Medicaid. Magellan partners with the Wyoming Department of Health to provide these services.
17. At times, Respondent will receive a referral for a family to the program that is not eligible for Medicaid. Respondent has worked with these families informally to help coordinate services. Respondent finds this work rewarding.
18. Prior to Respondent's work at Magellan, Respondent worked at the Chrysalis Treatment Center in Powell, Wyoming, as a frontline staff member. Chrysalis is an inpatient treatment facility for teens with drug and alcohol problems. Respondent found this work to be difficult, but highly rewarding.
19. Through most of 2017 and through May of 2018, Respondent worked part-time as a desk clerk at the Cody Motor Lodge and was a caregiver to his cancer-stricken mother, who passed away in May 2018. Respondent feels very fortunate to have had the time to spend with her, particularly in her last year.
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