Board of Professional Responsibility, Wyoming State Bar v. Nicholas T. Haderlie, WSB 7-4854

IN THE SUPREME COURT, STATE OF WYOMING 2015 WY 90 April Term, A.D. 2015 July 2, 2015 BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, D-15-0003 v. NICHOLAS T. HADERLIE, WSB #7-4854, Respondent. ORDER OF PUBLIC CENSURE [¶1] This matter came before the Court upon a “Report and Recommendation for Public Censure,” filed herein June 23, 2015, by the Board of Professional Responsibility for the Wyoming State Bar, pursuant to Section 16 of the Disciplinary Code for the Wyoming State Bar (stipulated discipline). See also Rule 26(f) of the Wyoming Rules of Disciplinary Procedure, effective July 1, 2015 (“These rules shall become effective July 1, 2015, and any discipline or disability investigation pending on that date shall proceed under these rules. Any matter then pending with respect to which a formal charge has been filed shall be concluded under the procedure existing prior to the effective date of these rules.”). The Court, after a careful review of the Board of Professional Responsibility’s Report and Recommendation, and the file, finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Respondent Nicholas T. Haderlie should be publicly censured for his conduct. It is, therefore, [¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report and Recommendation for Public Censure, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court, with one exception. This Court will not order Respondent to remain compliant with his monitoring agreement with the Wyoming Professional Assistance Program. While this Court certainly agrees Respondent should remain compliant, the Court does not believe it is the appropriate authority in this case to monitor such agreement; and it is further [¶3] ADJUDGED AND ORDERED that Nicholas T. Haderlie is hereby publicly censured for his conduct, which is described in the Report and Recommendation for Public Censure. This public censure shall include issuance of a press release consistent with the one set out in the Report and Recommendation for Public Censure; and it is further [¶4] ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Mr. Haderlie 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 $500.00. Mr. Haderlie shall pay the total amount of $550.00 to the Wyoming State Bar on or before August 31, 2015; and it is further [¶5] ORDERED that the Clerk of this Court shall docket this Order of Public Censure, along with the incorporated Report and Recommendation for Public Censure, as a matter coming regularly before this Court as a public record; and it is further [¶6] ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Public Censure, along with the incorporated Report and Recommendation for Public Censure, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further [¶7] ORDERED that the Clerk of this Court cause a copy of this Order of Public Censure to be served upon Respondent Nicholas T. Haderlie. [¶8] DATED this 2nd day of July, 2015. BY THE COURT: /s/ E. JAMES BURKE Chief Justice