Section 12 - Stipulated Discipline (a) Acceptance of conditional admission. A respondent may, at any point in the proceedings prior to final action by the BPR, tender a conditional or unconditional admission of misconduct constituting grounds for discipline in exchange for a stipulated form of discipline. The conditional admission must be approved by Bar Counsel prior to being tendered to the ROC or the BPR. (1) If the form of stipulated discipline is a private reprimand, the conditional or unconditional admission shall be tendered to the ROC for its review. The ROC shall either reject the conditional admission and order the proceedings continued in accordance with these rules, or accept the conditional admission and order a private reprimand imposed. (2) If the form of stipulated discipline is disbarment, suspension, public censure, or a range that includes any of the former and a private reprimand, the conditional or unconditional admission shall be tendered to the BPR for review. The BPR shall, after conducting a hearing as provided in this rule, if one is requested or if the BPR deems it appropriate, either reject the conditional admission and order the proceedings continued in accordance with these rules, or approve the conditional admission and order a private reprimand or submit an appropriate report and recommendation to the Court. (3) Imposition of stipulated discipline pursuant to a conditional or unconditional admission of misconduct shall terminate all proceedings conducted pursuant to these rules and pending against the respondent in connection with that misconduct. (b) Conditional and unconditional admission-contents. A conditional admission of misconduct shall be in the form of an affidavit, submitted by the respondent, and shall contain: (1) An admission of misconduct which constitutes grounds for discipline; (2) An acknowledgment of the proceedings pending against the attorney; and (3) A statement that the admission is freely and voluntarily made, that it is not the product of coercion or duress, and that the attorney is fully aware of the implications of the attorney's admission. (4) For an unconditional admission only, a statement that the respondent understands that if the Court does not accept the recommendation of the BPR, the respondent has no right to withdraw the unconditional admission. (c) Conditional admission-hearing. (1) Procedure. A hearing on the conditional admission shall be set promptly. The hearing shall be conducted by telephone conference call unless the Chair orders otherwise. (2) Notice. Reasonable notice of such hearing shall be provided to the respondent, the respondent's counsel, and the complainant. The notice shall designate the date, time and manner of the hearing. The notice shall advise the respondent that the respondent is entitled to be represented by counsel at the hearing and to present argument regarding the form of discipline to be ordered. (3) Complainant. In addition to the foregoing, the notice shall advise the complainant that the complainant has a right to be present at the hearing and to make a statement, orally or in writing, regarding the form of discipline. (d) Further proceedings. If the conditional or unconditional admission of misconduct is rejected and the matter is returned for further proceedings consistent with these rules, the conditional admission may not be used against the respondent.The rejection of a stipulated discipline does not foreclose any further proceedings for a stipulated discipline. Wyo. R. State Bar, Att'y Cond. & Prac. 12
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.