Board of Professional Responsibility, Wyoming State Bar v. William K. Struemke, Wsb 7-4619 , 2024 WY 112 ( 2024 )

IN THE SUPREME COURT, STATE OF WYOMING
2024 WY 112October 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.