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Wyoming Supreme Court Censures Cheyenne Lawyer
CHEYENNE–The Wyoming Supreme Court has issued an order of public censure of Cheyenne attorney David E. Singleton. The order stems from Singleton’s conduct as a prosecutor in bringing charges against a pair of hemp farmers, a construction contractor, and the contractor’s wife, whom Singleton alleged were engaged in a conspiracy to manufacture, deliver, or possess marijuana; possession of marijuana with intent to deliver a felony; felony possession of marijuana; and cultivation of marijuana, a misdemeanor.
In the course of testifying at a preliminary hearing, the law enforcement officer upon whose investigation the charges were brought testified falsely with respect to material aspects of the case. Singleton knew the testimony was false but failed to bring the falsity of such testimony to the court’s attention. At the conclusion of the preliminary hearing, the presiding judge found there was not sufficient evidence of intent on the part of the defendants to possess, distribute, or conspire regarding marijuana and declined to bind the felony charges over to district court. One of the defense attorneys brought concerns regarding Singleton’s conduct to the attention of Bar Counsel for the Wyoming State Bar. As a result of Bar Counsel’s investigation, the parties reached a stipulation that Singleton had committed two violations of his obligation of candor to the court and agreed that a public censure was the appropriate sanction for such conduct.
In considering the stipulated resolution, the Board of Professional Responsibility (BPR) of the Wyoming State Bar was satisfied that Singleton acted with knowledge but not with intent to deceive the court in failing to correct the law enforcement officer’s false testimony. Therefore, the BPR approved the parties’ stipulated resolution and recommended that the Wyoming Supreme Court issue a public censure of Singleton. In adopting the BPR’s recommendation, the Court ordered Singleton to pay an administrative fee of $750.00 and costs in the amount of $50.00 to the Wyoming State Bar.
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