BOARD OF PROFESSIONAL RESPONSIBILITY WYOMING STATE BAR v. SMITH WSB 4685 (2025)

Order Reinstating Attorney to the Practice of Law

[¶1] This matter came before the Court upon a Report and Recommendation for Reinstatement, filed herein December 17, 2024, by a review panel of the Board of Professional Responsibility for the Wyoming State Bar, pursuant to a stipulation. By order entered April 7, 2021, this Court disbarred Respondent, with the period of disbarment beginning May 24, 2019. Bd. of Pro. Resp., Wyoming State Bar v. Smith, 2021 WY 50, 484 P.3d 26 (Wyo. 2021). Respondent subsequently sought reinstatement. See Rule 22(b), Wyoming Rules of Disciplinary Procedure. Now, after a careful review of Report and Recommendation for Reinstatement and the file, this Court finds the Report and Recommendation should be approved, confirmed and adopted by the Court and that Respondent Terri Virginia Smith should be reinstated to the practice of law. It is, therefore,

[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Reinstatement, filed herein December 17, 2024, 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 the Respondent, Terri Virginia Smith, be, and hereby is, reinstated to the practice of law in Wyoming, effective immediately; and it is further

[¶4] ORDERED that, pursuant to Rule 9(b) Wyoming Rules of Disciplinary Procedure, this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶5] ORDERED that the Clerk of this Court shall docket this Order Reinstating Attorney to the Practice of Law, along with the incorporated Report and Recommendation for Reinstatement, as a matter coming regularly before this Court as a public record; and it is further

[¶6] ORDERED that the Clerk of this Court transmit a copy of this Order Reinstating Attorney to the Practice of Law to the members of the Board of Professional Responsibility and to the clerks of the appropriate courts of the State of Wyoming.

[¶7] DATED this 2nd day of January, 2025.

BY THE COURT:

/s/ KATE M. FOX

Chief Justice

BEFORE THE BOARD OF SUPREME COURT

STATE OF WYOMING

In the matter of TERRI VIRGINIA SMITH WSB #7-4685, Respondent/Petitioner.

WSC. No. D-20-0006

BPR No. 2020-081

REPORT AND RECOMMENDATION FOR REINSTATEMENT

THIS MATTER came before a Review Panel (“Panel”) of the Board of Professional Responsibility (“BPR”) on December 12, 2024, for consideration of the Parties’ Stipulated Motion for Reinstatement of Respondent. The Panel, which is comprised of Cheyenne attorney Bradley T. Cave, retired District Court Judge John C. Brooks, and non-lawyer member Brett McPeak of Jackson, has considered all evidence submitted, deliberated, and determined by unanimous vote that Respondent has established by clear and convincing evidence that she is fit to return to active.

More particularly, being fully advised in the premises, the Board FINDS, CONCLUDES AND RECOMMENDS as follows:

Findings

1. Respondent Terri Virginia Smith was born in Riverton and raised on the Wind River Indian Reservation and in Salt Lake City, Utah. She is a member of the Northern Arapaho Tribe. Respondent obtained her Bachelor of Science (Economics) and Juris Doctorate degrees at the University of Utah. At the time of her indictment described below, Respondent was serving as chief judge of the Wind River Tribal Court. Following the indictment, Respondent resigned the position.

2. In an essay she submitted with her 2007 application for admission to the S.J. Quinney College of Law at the University of Utah, Respondent wrote:

The desire to help my family, my tribe and the Indian community motivates me and inspires me to pursue a law degree. I have learned over the years that there are many ways that I can help my people and make a contribution to the Indian community. It can be as simple as volunteering my time to the local Indian center, representing my tribe in all I do, planning a cultural event, or being present at tribal ceremonies.

I think as an Indian person it is my duty to better our people because if we don't, who will? I feel a law degree will give me the tools I need to make a difference. It will enable me to help Indian people whether it is by giving them advice, fighting for their rights or helping my own tribe in their legal matters. I also feel there is a great need for more Indian lawyers and judges in general.

I know that law school is not going to be easy and that I will encounter many obstacles. But, I feel that I have overcome many struggles in my life to get this far. I am the first in my entire family to get a Bachelor's degree. Through my hard work and perseverance, I was able to obtain a competitive full ride scholarship to my college. I have worked hard to maintain good standing and will continue to do so in whatever I do.

3. Following graduation from law school, Respondent sat for the February 2011 bar exam in Wyoming and was admitted to the Wyoming State Bar in 2011. She accepted a position with the law firm of Baldwin, Crocker & Rudd, P.C. in Lander and remained with that firm until 2017, when Respondent took a position with the Wind River Tribal Court. Respondent and her partner have two children, a son born in 2014 and another son born in May 2019.

4. Respondent was raised in a dysfunctional family. Her entire family is afflicted with addiction issues. Mother, father, stepfather, brothers and sisters all had substance abuse issues. Aunts, uncles and cousins all had either substance abuse or gambling addictions. Respondent's definition of “helping family” often meant helping them find drugs and alcohol. Living on the reservation, Respondent witnessed a lot of fighting, drinking, drug abuse and people struggling to make a living. However, to her, this was normal. Her family relationships created a symbiosis in drug-seeking behavior. It is perhaps incongruous that in spite of such an environment and her own addictive struggles, Respondent was able to obtain not only a college degree but complete a graduate law school program and have a successful career as an attorney, although in the end she could not fully escape her formative environment. For many years, Respondent excelled in the face of extraordinary odds.

5. Respondent's use of opiate-based pills began in her first semester of law school after losing her first love and boyfriend earlier in the year and she was not equipped with any healthy coping skills to allow her to deal with her grief in a healthy way. Initially she used the drug on the weekends; however, she increased to daily use after moving back to the Wind River Indian Reservation in 2010. At this point she “would take whatever I could get,” and was often using oxycodone and hydrocodone. In August or September of 2013, she stopped using after her partner learned of her addiction. She maintained sobriety through her first pregnancy but relapsed four to five months after her son's birth (approximately January 2015). At the time of her 2019 arrest, Respondent was using oxycodone daily and was hiding her addiction from her partner.

6. Respondent was cooperative when she was first interviewed by an FBI Special Agent on March 12, 2019. The agent told Respondent that she and her twin sister, Jerri Smith, were under investigation for distributing and selling prescription pills. Respondent acknowledged that they were so engaged, that she knew that they were going to get caught and admitted she also used prescription opiates (Oxycodone and Suboxone). Respondent was cooperative with the agent in the initial as well as follow-up interviews and provided substantial additional information which led to the arrests and successful prosecutions of others.

Respondent's federal court indictment

7. On March 21, 2019, Respondent was the subject of an indictment in the United States District Court for the District of Wyoming, Docket No. 1:19-cr-00050-ABJ. At the time of the indictment, Respondent was serving as chief judge of the Wind River Tribal Court. Following the indictment, Respondent resigned the position.

8. The indictment alleged that on or about April 28, 2018, Respondent used a “communication facility” (i.e., sent text messages on her cell phone) in furtherance of a conspiracy to unlawfully distribute Oxycodone. A second count alleged that on or about June 26, 2018, Respondent engaged in the unlawful distribution of cocaine. Both are felonies under the federal Controlled Substances Act. Respondent pled not guilty to both counts.

9. Respondent was arraigned in federal court in early March 2019. Respondent engaged in a comprehensive proffer interview with the United States on September 4, 2019.

10. On May 24, 2019, Respondent submitted her letter of resignation as chief judge of the Wind River Tribal Court to be effective May 24, 2019. Respondent has not engaged in the practice of law since May 24, 2019.

11. On May 24, 2019, a superseding indictment was filed. Count One of the superseding indictment alleged that from November 2017, through and including November 2018, Respondent and two other individuals conspired to distribute Oxycodone. Count Two and Count Three of the superseding indictment mirrored Count One and Count Two of the original indictment.

12. On August 6, 2019, Respondent entered pleas of guilty to two counts of the superseding indictment: Count One (conspiracy to unlawfully distribute Oxycodone) and Count Three (unlawful distribution of Cocaine). Both are felonies under the federal Controlled Substances Act.

13. On October 11, 2019, a Revised Pre-Sentence Investigation Report prepared by Jessica C. Hood, United States Probation Officer, was filed with the Court. The report found that “[T[here is no information to suggest that Smith used her position of public trust to facilitate the commission or concealment of the offense.”

14. Respondent's sentencing was delayed for several months due to the COVID-19 pandemic. On October 6, 2020, Respondent was sentenced to prison for a period of six months on both counts, with the prison terms to run concurrently, to be followed by six months of home confinement, to be followed by three years of supervised release. Respondent was ordered to pay $200.00 in special assessments ($100.00 for each count) and $500.00 for community restitution. Count Two of the superseding indictment (use of a communication facility in furtherance of a conspiracy to unlawfully distribute Oxycodone) was dismissed. It should be noted that Respondent's prison sentence represents a significant downward departure from the 10-16 months of imprisonment applicable to her offenses under federal sentencing guidelines.

15. As evidenced by the transcript of the sentencing hearing, U.S. District Court Judge Alan B. Johnson encouraged Respondent to overcome her addiction and return to a successful life:

Well, I will always remember the first time I met you. It was at - the Wyoming Legislature was meeting. You were introduced as the new tribal judge to those of us who attended that first session of the legislature. Traditionally, the judiciary meets with legislators at that time.

I just felt such pride for you and the career that you had ahead of you and the challenges as well of being so close to the people that would be appearing before you, and the pressures that would be placed on your shoulders in making judgment on their issues. Recognizing that those were young shoulders that had to have been bright shoulders to have been selected by your tribe to serve as chief judge of the tribal court.

And I certainly learned here through the submissions of your attorney what an amazing road you have traveled to have achieved that position, and so sad that you were hiding a secret during that time. It must have a terrible - terribly painful while you were on the bench. All of us - all of us have things that we wish we hadn't done that are wrong in one way or another.

I was reminded last night watching public television from Riverton, Wyoming, of an interview with a man by the name of Bryan Stevenson who is a famous civil rights attorney who handles death penalty cases primarily in the south. He reminded me of something that I knew but tend to forget with regard to the people that stand in front of me. It is the crime that we are punishing. It is that conduct that is wrong. The individual has many good things about them, and certainly you do. You are a remarkable woman in so many ways in what you have been able to achieve despite what many people would call handicaps. I am sure you didn't think about them that way particularly. But you felt a sense of responsibility to your tribe and Native American people - in general, people who are marginalized, whose housing is red lined, who live on trust property that they cannot mortgage to finance better housing, who are in a way trapped at every turn. So the road is one that there is a lot of correction that needs to occur. So we are dealing here today with only part of the story - of your story that is going to go ahead for many, many years. It is a story that can have success.

* * *

We can point to all of those circumstances that pile one on top of another. We think about where we have ended up with you standing in front of me today. I still have great hopes for you and respect.

16. Respondent's counsel, Colin M. Simpson of Cody, who had maintained regular contact with Bar Counsel throughout Respondent's criminal case, promptly informed Bar Counsel of Respondent's sentencing.

Commencement of disciplinary proceedings

17. On October 14, 2020, Bar Counsel reported Respondent's federal court convictions to the Wyoming Supreme Court as required by Rule 18. On the same day, Bar Counsel filed a Formal Charge in the above-captioned disciplinary proceeding.

18. On October 16, 2020, Respondent's counsel filed an Answer to the Formal Charge, admitting all allegations.

19. The parties reached a stipulation for Respondent's disbarment pursuant to Rules 9 and 12, W.R.Disc.P., which was presented to a Review Panel of the Board of Professional Responsibility (BPR) on March 9, 2020. On March 23, 2020, the Review Panel submitted a report and recommendation to the Wyoming Supreme Court which recommended that Respondent be disbarred and that her disbarment be effective May 24, 2019 (the day Respondent resigned her position as chief judge of the Wind River Tribal Couse and ceased the practice of law).

20. On April 7, 2021, the Court issued an order of disbarment of Respondent effective March 24, 2019.

21. On September 23, 2024, Respondent filed a petition for reinstatement pursuant to Rule 22(b), W.R.Disc.P. and paid therewith the requisite fee.

22. Respondent seeks reinstatement of the privilege to practice law in Wyoming, having demonstrated fitness, moral integrity, and adherence to ethical standards required of a member of the Wyoming State Bar.

23. Since the date of her disbarment, Respondent has:

• Fully complied with all conditions imposed by the Court and the Wyoming State Bar;

• Refrained from engaging in any unauthorized practice of law; and

• Paid all costs, fees, and restitution required as part of the disciplinary proceedings.

24. During her disbarment, Respondent has undertaken significant personal and professional rehabilitation. She completed a five-month inpatient substance abuse treatment program, followed by 33 weeks of after-care rehabilitation, and continues to engage in intensive individual therapy. She has taken full accountability for her past decisions, including serving her federal prison sentence, and was granted early release from probation. Respondent became trained and certified as a Peer Support Specialist, using her long-term recovery experience to help others. For nearly two years, she contributed to the recovery community by working at a detox and sober living facility (Center of Hope-Volunteers of America).

25. In addition, Respondent has furthered her legal education by completing five years of continuing legal education (CLE) credits. She also actively participates in community service, serving as a board member for Recover Wyoming, and sharing her recovery journey through podcasts, law articles, newspaper features, and public speaking engagements. Most recently, she was selected as Director of the Northern Arapaho Reentry Agency, where she is dedicated to assisting formerly incarcerated individuals in their successful reintegration into the community.

26. Respondent has been actively involved in community service, including becoming trained and certified as a Peer Support Specialist and serving as a board member of Recover Wyoming. She also takes every opportunity to share her recovery story, whether at local treatment centers or within the broader community.

27. Respondent has provided numerous letters of recommendation from legal professionals, community leaders, and other individuals attesting to Respondent's moral character, professional rehabilitation, and readiness to return to the legal profession.

28. Respondent has maintained consistent and lawful conduct since the date of disbarment, as evidenced by no further criminal record, gaining and maintaining stable employment, achieving long-term recovery and being released from probation early.

29. Respondent has fully complied with all requirements set forth by this Court and the Wyoming Rules of Disciplinary Procedure pertaining to disbarment and reinstatement.

30. Respondent has complied with the five (5) year disbarment period before filing her verified petition for reinstatement, has not had any additional misconduct, has not engaged in the unauthorized practice of law and has actively worked on her rehabilitation from the underlying conduct that resulted in her disbarment. See Attachment O: Affidavit in Support of Petition for Reinstatement of Law License by Terri V. Smith.

31. Respondent submitted a written request for preparation of a character report to the National Conference of Bar Examiners (NCBE) and paid the requisite fee for the report. Bar Counsel has reviewed the NCBE's character and fitness investigation report regarding Respondent (dated November 18, 2024) and found no cause for concern regarding Respondent's character and fitness to return to the practice of law.

32. Respondent has demonstrated the moral qualifications, competency, and learning required for readmission to the Wyoming State Bar, as evidenced by:

• Professional training and continued legal education;

• Character references from attorneys and others familiar with Respondent's progress; and

• Completion of counseling, mentoring, and rehabilitation programs addressing the issues that led to disbarment.

33. Respondent has proven by clear and convincing evidence that she has been rehabilitated, has complied with all applicable disciplinary orders and with all provisions of the Wyoming Rules of Disciplinary Procedure, has not engaged in the unauthorized practice of law and is fit to practice law

Conclusions of Law

Wyoming Rule of Disciplinary Procedure 22 provides in relevant part:

(b) Reinstatement after disbarment or suspension for more than six months. An attorney who has been disbarred or suspended for a period of greater than six (6) months may seek to return to active status by filing a verified petition for reinstatement with the BPR and serving a copy on Bar Counsel.

(1) A disbarred attorney may not file a verified petition for reinstatement until five years after the effective date of the order of disbarment.

(A) Concurrent with the filing of a verified petition for reinstatement, a disbarred attorney shall submit a written request for preparation of a character report to the National Conference of Bar Examiners and shall pay the requisite fee for such report. A copy of the request shall be attached to the verified petition for reinstatement.

(B) A fee of one thousand dollars ($1,000.00) shall accompany the filing of a verified petition for reinstatement by a disbarred attorney.

(2) An attorney who has been suspended for a period of greater than six (6) months may file a verified petition for reinstatement no sooner than ninety (90) days prior to the expiration of the period specified in the order of suspension unless another period is specified in the order. A fee of five hundred dollars ($500.00) shall accompany the filing of a verified petition for reinstatement by a suspended attorney.

(3) The verified petition for reinstatement shall set forth the facts other than passage of time and absence of additional misconduct upon which the petitioning attorney relies to establish that the attorney possesses all of the qualifications required of applicants for admission to the Wyoming State Bar, fully considering the previous disciplinary action taken against the attorney, and shall include certification that:

(A) The attorney is current on the payment of annual license fees and any late charges;

(B) The attorney has complied with all continuing legal education requirements during the disciplinary period and has paid all necessary fees;

(C) Restitution has been made as ordered to any persons and the Client Protection Fund, including the source and amount of funds used to make restitution; and

(D) The attorney has complied with all requirements of the Court's disciplinary order.

(4) The attorney seeking reinstatement must prove by clear and convincing evidence that the attorney has been rehabilitated, has complied with all applicable disciplinary orders and with all provisions of these rules, has not engaged in the unauthorized practice of law, and is fit to practice law.

Recommendation

Based upon the foregoing findings of fact and conclusions of law, the Review Panel recommends that Respondent be reinstated to active status with the Wyoming State Bar.

RESPECTFULLY SUBMITTED this 16th day of December, 2024.

Bradley T. Cave

Review Panel Chair Board of Professional Responsibility

Wyoming State Bar

BEFORE THE SUPREME COURT

STATE OF WYOMING

In the matter of TERRI VIRGINIA SMITH WSB #7-4685, Respondent/Petitioner.

WSC. No. D-20-0006

BPR No. 2020-081

RESPONDENT'S PETITION FOR REINSTATEMENT OF LAW LICENSE FOR VIOLATION OF RULE 8.4(b) W.R.Prof.Cond.

COMES NOW, Petitioner Terri Virginia Smith, and respectfully submits this Petition for Reinstatement of Law License pursuant to Rule 22(b) of the Wyoming Rules of Disciplinary Procedure and states as follows:

1. INTRODUCTION

1. Petitioner was admitted to the Wyoming State Bar in June 2011 and practiced law in the State of Wyoming until her effective date of disbarment on May 24, 2019, which was outlined in the Order of Disbarment dated April 7th, 2021, following disciplinary proceedings.

2. Petitioner fully acknowledges the seriousness of the actions leading to disbarment and has taken comprehensive steps toward personal and professional rehabilitation since that time.

3. Petitioner now seeks reinstatement of the privilege to practice law in Wyoming, having demonstrated fitness, moral integrity, and adherence to ethical standards required of a member of the Wyoming State Bar.

II. FACTUAL BACKGROUND

1. On April 7, 2021, Petitioner was disbarred by order of this Court due to violations of Rule 8.4(b) of the Wyoming Rules of Professional Conduct. Disbarment was effective May 24, 2019.

2. Since the date of disbarment, Petitioner has:

• Fully complied with all conditions imposed by the Court and the Wyoming State Bar;

• Refrained from engaging in any unauthorized practice of law;

• Paid all costs, fees, and restitution required as part of the disciplinary proceedings.

3. During her disbarment, Petitioner has undertaken significant personal and professional rehabilitation. She completed a five-month inpatient substance abuse treatment program, followed by 33 weeks of after-care rehabilitation, and continues to engage in intensive individual therapy. She has taken full accountability for her past decisions, including serving her federal prison sentence, and was granted early release from probation. Petitioner became trained and certified as a Peer Support Specialist, using her long-term recovery experience to help others. For nearly two years, she contributed to the recovery community by working at a detox and sober living facility (Center of Hope-Volunteers of America).

4. In addition, Petitioner has furthered her legal education by completing five years of continuing legal education (CLE) credits. She also actively participates in community service, serving as a Board Member for Recover Wyoming, and sharing her recovery journey through podcasts, law articles, newspaper features, and public speaking engagements. Most recently, she was selected as Director of the Northern Arapaho Reentry Agency, where she is dedicated to assisting formerly incarcerated individuals in their successful reintegration into the community.

III. EVIDENCE OF REHABILITATION

1. Petitioner has actively engaged in and pursued professional development and education, including the completion of five years' worth of CLE credits, as documented by Marie Ellis, CLE Director at the Wyoming State Bar. Additionally, Petitioner recently participated in the 2024 Wyoming State Bar Annual Meetings through virtual attendance.

2. Petitioner has been actively involved in community service, including becoming trained and certified as a Peer Support Specialist and serving as a Board Member of Recover Wyoming. She also takes every opportunity to share her recovery story, whether at local treatment centers or within the broader community. See Attachment A: Peer Support Certificate, Attachment B: Letter from Lana Mahoney (Executive Director, Recover Wyoming), Stay Free Forever Podcast available at: Download - Stay Free Forever E4: Former judge and recovering opioid addict Terri Smith | Podbean, Attachment C: Cowboy State Daily Article (Former Wyoming Judge Busted for Drugs now Spreads Recovery Story and Hope, July 28, 2024)

3. Petitioner has obtained letters of recommendation from legal professionals, community leaders, and other individuals attesting to Petitioner's moral character, professional rehabilitation, and readiness to return to the legal profession:

a. Attachment D: Letter from John Olive (Mitigation Specialist)

b. Attachment E: Letter from Sarah Hernandez (University Professor)

c. Attachment F: Letter from Sunshine Nicholson (Attorney)

d. Attachment G: Letter from Lee Sipoonhunter (Tribal Leader)

e. Attachment H: Letter from Kelly Rudd (Attorney)

f. Attachment I: Letter from Colin Simpson (Attorney)

g. Attachment J: Letter from Raquel Myers (Attorney)

h. Attachment K: Letter from Brad Hendry (Director of Center Of Hope)

4. Petitioner has maintained consistent and lawful conduct since the date of disbarment, as evidenced by no further criminal record, gaining and maintaining stable employment, achieving long-term recovery and being released from probation early. See Attachment L: Order Granting Request for Early Termination of Supervised Release, Attachment M: Wyoming Lawyer Magazine Article (From Judge to Judged), Attachment N: Wyoming Public Radio Article (Fledgling Northern Arapaho Reentry Agency Assists previously incarcerated tribal members)

IV. COMPLIANCE WITH DISCIPLINARY REQUIREMENTS

1. Petitioner has fully complied with all requirements set forth by this Court and the Wyoming Rules of Disciplinary Procedure pertaining to disbarment and reinstatement, specifically Rule 22. Reinstatement After Disciplinary Suspension or Disbarment.

A. I am current on the payment of all annual license fees and any late charges.

B. I have complied with all continuing legal education requirements during the disciplinary period and have paid all necessary fees. I have completed 75 CLEs and 14.5 Ethics as of August 26, 2024, enough CLEs to cover the five (5) year disbarment period.

C. I did not owe restitution to any persons or the Client Protection Fund.

D. I have complied with all requirements of the Court's disciplinary order, including paragraph 5: payment of $800.00 to the Wyoming State Bar. Paragraph 4 of the Order of Disbarment also required adherence to Rule 21 of the Wyoming Rules of Disciplinary Procedure, only Rule 21(a) and (g) applied to my circumstances and therefore have been followed.

2. Petitioner has complied with the five (5) year disbarment period before filing this verified petition, has not had any additional misconduct, has not engaged in the unauthorized practice of law and has actively worked on her rehabilitation from the underlying conduct that resulted in her disbarment. See Attachment O: Affidavit in Support of Petition for Reinstatement of Law License by Terri V. Smith.

3. Petitioner has submitted a written request for preparation of a character report to the National Conference of Bar Examiners and paid the requisite fee for the report. A copy of the request is attached to this verified petition for reinstatement. See Attachment P: National Conference of Bar Examiners Authorization and Release (dated 09/07/2024).

4. Petitioner has paid the requisite fee of one thousand dollars ($1,000.00) as required by Rule 22(b)(1)(B).

V. CURRENT FITNESS TO PRACTICE LAW

1. Petitioner has demonstrated the moral qualifications, competency, and learning required for readmission to the Wyoming State Bar, as evidenced by:

• Professional training and continued legal education;

• Character references from attorneys and others familiar with Petitioner's progress;

• Completion of counseling, mentoring, and rehabilitation programs addressing the issues that led to disbarment.

VI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Honorable Court:

1. Issue an Order that Terri Smith has proven by clear and convincing evidence that she has been rehabilitated, has complied with all applicable disciplinary orders and with all provisions of the Wyoming Rules of Disciplinary Procedure, has not engaged in the unauthorized practice of law and is fit to practice law.

2. Reinstate Petitioner's license to practice law in the State of Wyoming;

3. Provide such other relief as the Court deems just and proper.

Respectfully submitted,

Date: September 23, 2024

/s/ Terri V. Smith

Terri Virginia Smith

PO BOX 1195

Riverton, WY 82501

(307)-438-3964

ter11dc@gmail.com

Such action is warranted by the conduct of the defendant released and the interest of justice; * * *.

18 U.S.C. § 3583(e)(1). When the court evaluates suitability of a defendant for early termination, the following criteria have been approved by the Judicial Conference Committee on Criminal Law:

(a) The person does not meet the criteria of a career drug offender or career criminal (as described in 28 U.S.C. § 994(h) or has not committed a sex offense or engaged in terrorism;

(b) The person presents no identified risk of harm to the public or victims;

(c) The person is free from any court-reported violations over a 12-month period;

(d) The person demonstrates the ability to lawfully self-manage beyond the period of supervision;

(e) The person is in substantial compliance with all conditions of supervision; and

(f) The person engages in appropriate prosocial activities and receives sufficient prosocial support to remain lawful well beyond the period of supervision.

The government opposes Defendant's Motion for Early Termination of Supervised Release as not being in the interest of justice because early termination will not provide adequate deterrence to criminal conduct that the Defendant might commit, the need to protect the public from further crimes of the Defendant, the kinds of sentences for the offenses charged, and the need to avoid unwarranted sentence disparities among defendants with similar records. Counsel reminded the court Defendant held a position of power, trust and authority as the Chief Tribal Judge on the Wind River Indian Reservation until shortly before her conviction. The offenses for which Defendant was convicted occurred over a period of one and one-half years. Defendant was involved in the drug distribution activities with her sister that targeted the demand for illegal substances among certain residents on the Reservation, The Government asserts Defendant's supervision is “no less of a penalty than is imprisonment-they go hand in glove with holding defendants accountable for their criminal conduct Just as the Defendant was required to serve her prison sentence, so too should she be required and expected to serve out her full period of supervised release.” (ECF No. 171 at pg. 3-4).

Defendant acknowledges that termination of supervised release is a privilege that is earned, and requests consideration by the court applying the same standards appliable to other similarly situated defendants. However, the Government has directed the court to the unique circumstances and position held by the Defendant within the Wind River Indian Reservation when her criminal conduct was uncovered. That said, Ms. Smith received deserved penalties above those usually incurred because of unlawful conduct. Of course, her position with the tribes was taken and a rewarding career of service to her community was sacrificed and besmirched. Her hard-earned authority to work as a member of the State Bar of Wyoming was taken in another public proceeding. She is presently supervised as a low risk on the caseload of the United States Probation Office, requiring less scrutiny than other supervisees, and Defendant's record reflects there have been no issues of concern. She has paid the Special Assessment and Restitution ordered as part of the Judgment. (ECF No.167).

The United States Probation Office has not expressed an opinion whether Ms. Smith's Motion should or should not be approved, recognizing that the matter is presently contested by the United States. However, at my direction the following summary of Ms. Smith's history under supervision has been received by the court.

Prior to sentencing, Ms. Smith completed an extensive term of pretrial release, during which she completed residential treatment at Southwest Counseling in Rock Springs, and 33-weeks of outpatient treatment at Fremont Counseling Service in Riverton. While incarcerated, she completed RDAP.

Ms. Smith completed the first six months of supervision in home detention, monitored by RF location monitoring. She immediately resumed outpatient treatment with Southwest Counseling and began their Medically Assisted Treatment (MAT) Program. Through the program, she was prescribed Subutex.

After much research and self-advocation, Ms. Smith was able to exit the MAT program to start receiving quarterly Sublocade injections. This is a slow-release, injectable formulation of Buprenorphine. She received her first injection in December 2021. Her last injection was on March 16, 2023, and Ms. Smith reports this was the final injection. She will attend quarterly blood draws to monitor the Sublocade levels in her system for maintenance purposes.

Ms. Smith began mental health counseling soon after releasing as well. She worked with Fremont Counseling initially, and then transferred to Wind River Cares. She has worked with the same counselor since January 2022, and the focus of the sessions is healthy recovery skills and navigating employment. Ms. Smith also successfully completed a Cognitive Awareness group through Stay Free Forever.

Ms. Smith has maintained the same household since her release. She lives with her significant other, Leslie Shakespeare, and two minor children. Random home visits show a stable home, and Mr. Shakespeare reports that Ms. Smith is doing well, and he has no concerns about her. She has passed all random urinalysis tests.

In June 2022, Ms. Smith began working for the Center of Hope (Volunteers of America) in Riverton. She started part-time as a Recovery Health Technician. In September 2022, Ms. Smith was certified as a Peer Specialist through Recover Wyoming. Soon after, she was moved to full-time at work; her current position is Clinical Assistant. She reportedly oversees Admissions. Feedback from her employer has been glowing.

The Defendant has provided her own narrative of the change in her life that has resulted from her efforts under supervision. Among the accomplishments and programming that is verified by the Probation Officer's Report, Ms. Smith writes:

I am proud of the work I have done to understand why I was using and the environment that allowed me to use. I can set healthy boundaries whereas before I had no boundaries, especially with family. I have healthy friendships and my relationship has grown stronger because of the accountability I have taken the work I have done to be a better person. I know I said this earlier, but I have a sense of peace I never knew existed because I grew up in chaos even before I became an addict. I have healthy habits and routines that allow me to live a honest and comfortable life. I am a better mom than I have ever been. I am unlearning unhealthy habits that have been in my family for generations. I recently completed a “Mending Broken Hearts” course on my reservation where I was able to release trauma, I have been holding onto for over fifteen (15) years. I seek out any opportunity I can for self-growth. I have put myself back out in the community and it has been so rewarding and feels amazing. I was able to write a letter to my tribal council taking accountability for my actions and also show them the work I have done on myself and share my desire to help others by being a Peer Specialist. In fact, my tribal council funded my training to become a Peer Specialist and have been very supportive.

On March 28, 2023, Defendant wrote again to inform the court that she had progressed through the MAT drug treatment program, having had the final injection on March 16. She reported that she was promoted to the Clinical Assistant position at the Center of Hope [VOA] where she believes she has a “unique opportunity to truly help others by getting them into our program as soon as possible.” She is taking steps to earn back her law license in the future as well.

After reviewing the submissions from the Government and the Defendant, verified by the Probation Officer, I find that Ms. Terri Smith has met and exceeded each of the criteria of the Judicial Conference Committee on Criminal Law and satisfies the standards contained in 18 U.S.C § 3553(a) for early termination of supervised release pursuant to 18 U.S.C. § 3583(e). Ms. Smith's case is not one that is typical, and Ms. Smith is a defendant who possesses the skills and gifts that have helped her to navigate the challenges of addiction and the “chaos” that has affected the lives in her family and the children who are the product of that family life. See, The Center for Disease Control's Adverse Childhood Experience (ACEs) study, https://americanspcc.org/iake-the-aces-quiz; https://www.cdc.gov/violenccprevcntion/aces . It appears that the supervision ordered by the court has provided what has been needed for the Defendant to invest and thrive in her rehabilitation arid treatment. She has received arid accepted the tools that have helped her make significant alterations in her lifestyle, habits, and attitudes. The court will always have concern for this Defendant and others who have had their lives and judgment skewed by controlled substances. Unpredictable events might lead to a relapse, but if such misfortune should occur, the tools, the new habits, the knowledge earned by participating in sobriety programming will lead this Defendant and others not to bide the struggle, but to face it and return, to the resources and lessons for sobriety.

IT IS ORDERED that Terri Smith's Motion for Termination of Supervised Release should be and the same is GRANTED; and she is DISCHARGED from further supervision.

Dated this 31st day of March, 2023.

/s/ Alan B. Johnson

Alan B. Johnson

United States District Judge

AFFIDAVIT IN SUPPORT OF PETITION FOR REINSTATEMENT OF LAW LICENSE

My name is Terri Virginia Smith. I was originally admitted to practice law in the State of Wyoming in June 2011.

The facts contained in this affidavit are within my own knowledge and are true and correct:

1. I was disbarred from the practice of law by Order of the Wyoming Supreme Court dated April 7, 2021 for violation of Rule 8.4(b), W.RProf.Cond., which provides, “It is professional misconduct for a lawyer to :**(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;**” I plead guilty to two federal court felonies stemming from my addiction to opiates. My disbarment was retroactively effective to May 24, 2019, the day I resigned as Chief Judge of the Wind River Tribal Court.

2. I am current on all past annual license fees and all past and current fees for CLE.

3. l am current on all mandatory CLE requirements. As of August 26, 2024, I have received credit for 75 CLEs and 14.5 Ethics credits, enough to cover the five (5) year period of disbarment. I have kept up to date on my legal knowledge and skills. I have attended various American Indian Law conferences and CLEs. I have virtually participated in the 2023 and 2024 Wyoming State Bar Annual Meetings to keep current on the legal issues in Wyoming.

4. There have been no claims or awards made in regard to me on the Client Protection Fund for which the fund has not been reimbursed. I paid the fees required under Rule 25 of the Wyoming Rules of Disciplinary Procedure pursuant to the Order of Disbarment which amounted to $800 to the Wyoming State Bar.

5. I have not engaged in the unauthorized practice of law and have complied with all other applicable conditions for reinstatement

6. The record of my recovery efforts is well documented in the Order of Disbarment and the Order Granting Request for Early Termination of Supervised Release. I would like to reiterate that I never used my position of trust (as Chief Judge of the Wind River Tribal Court) to facilitate the commission or concealment of any criminal offense and that is clearly documented throughout the criminal case pleadings.

7. I am a Native American woman in long-term recovery, having once struggled with opiate addiction. I grew up on the Wind River Indian Reservation, where substance use was commonplace. From a young age, I faced intergenerational trauma, family dysfunction, and significant grief and loss. Without the tools to cope with these challenges, I believed that earning an education and a law degree meant I had overcome them. However, my inability to cope with the grief and loss in my life eventually led my addiction to consume everything I had achieved. Since then, I have taken the necessary steps to confront the trauma, grief, and childhood issues that shaped my past I've learned to establish firm boundaries with my extended family, and today, I experience a peace and gratitude I never knew was possible. I have fully accepted responsibility for my actions during active addiction, faced the consequences, and was granted early release from federal probation. My recovery story is now a tool I use to help others on their own path to sobriety. I take my recovery very seriously and protect it at all costs, actively working to support anyone seeking the hope of recovery.

8. I strive to live a life of integrity now, fully aware that this was something I lacked during my active addiction. I take pride in who I have become and my ability to help others. Today, I am a better person than I have ever been—mentally, physically, emotionally, and spiritually. With a clear mind and conscience, I can think critically, and I am confident that I will be a better lawyer than I ever was before.

9. I am fully committed to doing whatever the Wyoming State Bar deems necessary to earn the privilege of reinstating my law license. Since being accepted into law school, my dream has been to use my education and skills to serve my tribal community, even though I encountered a significant setback due to my addiction. I truly believe that this experience has made me an even better advocate for my community, as my lived experiences allow me to better understand and relate to others. Being an attorney again would enable me to help so many more people in meaningful and impactful ways.

DATED THIS 20th DAY OF SEPTEMBER, 2024.

RESPECTFULLY SUBMITTED:

/s/ Terri V. Smith

TERRI V. SMITH