Board of Professional Responsibility, Wyoming State Bar v. Jody Montgomery Vannoy, Wsb 5-2345

IN THE SUPREME COURT, STATE OF WYOMING 2013 WY 11 October Term, A.D. 2012 January 30, 2013 BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner, D-12-0007 v. JODY MONTGOMERY VANNOY, WSB #5-2345, Respondent. ORDER OF DISBARMENT [¶1] This matter came before the Court upon a “Report & Recommendation for Order of Disbarment,” filed herein January 2, 2013 by the Board of Professional Responsibility for the Wyoming State Bar. The Court, after a careful review of the Board of Professional Responsibility’s Report and Recommendation, the Affidavit of Costs and Expenses, and the file, finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court. It is, therefore, [¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility’s Report & Recommendation for Order of Disbarment, a copy of 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, effective this date, the Respondent, Jody Montgomery Vannoy, shall be, and hereby is, disbarred from the practice of law in this state; and it is further [¶4] ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Jody Montgomery Vannoy, shall reimburse the Wyoming State Bar the amount of $3,286.03, representing the costs incurred in handling this matter, as well as pay an administrative fee of $500.00. Respondent shall pay the total amount of $3,786.03 to the Clerk of the Board of Professional Responsibility on or before April 1, 2013; and it is further [¶5] ORDERED that, pursuant to Section 4(c) of the Disciplinary Code for the Wyoming State Bar, Jody Montgomery Vannoy shall make restitution to Sergei S. Yates in the amount of any and all judgments; and it is further [¶6] ORDERED that Jody Montgomery Vannoy comply with the November 16, 2012 Resolution Order issued by the Committee on Resolution of Fee Disputes. That order required Respondent to refund the unearned portion of a retainer to a client in the amount of $5,101.67; and it is further [¶7] ORDERED that Respondent shall comply with Section 22 of the Disciplinary Code for the Wyoming State Bar. That Section governs the duties of disbarred and suspended attorneys; and it is further [¶8] ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Disbarment, along with the incorporated Report & Recommendation for Order of Disbarment, shall be published in the Pacific Reporter; and it is further [¶9] ORDERED that the Clerk of this Court shall docket this Order of Disbarment, along with the Report & Recommendation for Order of Disbarment, as a matter coming regularly before this Court as a public record; and it is further [¶10] ORDERED that the Clerk of this Court cause a copy of the Order of Disbarment to be served upon the Respondent, Jody Montgomery Vannoy; and it is further [¶11] ORDERED that the Clerk of this Court transmit a copy of this Order of Disbarment to members of the Board of Professional Responsibility, and the clerks of the appropriate courts of the State of Wyoming. [¶12] DATED this 30 th day of January, 2013. BY THE COURT:* /s/ MARILYN S. KITE Chief Justice *Justice Voigt took no part in the consideration of this matter. Retired Justice Michael Golden participated by assignment.