IN RE BRYAN, 1993-NMSC-080, 116 N.M. 745,
867 P.2d 415 (S. Ct. 1993)
In the Matter of W. Gilbert BRYAN, an
Attorney Admitted to
Practice Before the Courts of the State of New Mexico
SUPREME COURT OF NEW MEXICO
1993-NMSC-080, 116 N.M. 745, 867 P.2d 415
December 16, 1993, Decided
Virginia L. Ferrara, Chief Disciplinary
Counsel, Albuquerque, for Disciplinary Bd.
David L. Norvell, Albuquerque, for
respondent.
RANSOM, BACA, MONTGOMERY, FRANCHINI, FROST
{1} This matter is before the
Court following disciplinary proceedings conducted pursuant to the Rules
Governing Discipline, SCRA 1986, 17-101 to -316 (Repl. Pamp. 1991 & Cum.
Supp. 1993), in which attorney W. Gilbert Bryan, in accordance with an
agreement for discipline by consent, admitted to various violations of the
Rules of Professional Conduct, SCRA 1986, 16-101 to -805 (Repl.Pamp. &
Cum.Supp.1993). Pursuant to Rule 17-211(B)(1)(a), we adopt the disciplinary
board's recommendation that the conditional agreement and consent to discipline
be accepted and that Bryan be suspended from the practice of law pursuant to
Rule 17-206(A)(2).
{2} On May 13, 1992, Bryan
was convicted by way of a guilty plea in the United States District Court for
the District of New Mexico of the crime of failure to file income tax returns,
a misdemeanor offense in violation of 26 U.S.C. Section 7203. A judgment was
entered on July 10, 1992, at which time Bryan ceased his practice of law.
{3} Formal disciplinary
proceedings were initiated by the filing of formal charges against Bryan,
alleging (on the basis of his criminal conviction) violations of Rules
16-804(B) and (H) of the Rules of Professional Conduct. In the agreement not to
contest and consent to discipline filed on June 28, 1993, Bryan agreed that his
conduct violated Rules 16-804(B) and (H), and that the sanction of suspension
was appropriate under the circumstances.
{4} IT IS THEREFORE ORDERED
that W. Gilbert Bryan be and hereby is suspended from the practice of law
pursuant to SCRA 1986, 17-206(A)(2).
{5} IT IS FURTHER ORDERED
that Bryan will be automatically reinstated to practice pursuant to SCRA 1986,
17-214(B)(1), upon a showing that he has been fully released from probation as
having successfully fulfilled all requirements in connection with the sentence
imposed upon him as the result of his conviction and that he has taken and
passed the Multistate Professional Responsibility Examination.
{6} IT IS FURTHER ORDERED
that this opinion be published in the State Bar of New Mexico
Bar Bulletin
and the
New Mexico Reports.
{7} Costs in the amount of $
15.00 were incurred in this action and have been paid by Bryan.