Section 19 - Discipline Imposed by Foreign Jurisdiction (a) Proof of Discipline Imposed. Except as otherwise provided by these rules, a final adjudication in another jurisdiction of misconduct constituting grounds for discipline of an attorney shall, for purposes of proceedings pursuant to these rules, conclusively establish such misconduct. (b) Duty to Report Public Discipline Imposed. Any attorney subject to these rules against whom any form of public discipline has been imposed by the authorities of another jurisdiction, or who voluntarily surrenders the attorney's license to practice law in connection with disciplinary proceedings in another jurisdiction, shall notify Bar Counsel of such action in writing within fourteen (14) days thereof. (c) Commencement of Proceedings Upon Notice of Voluntary Surrender of License. Upon receiving notice that an attorney subject to these rules has voluntarily surrendered his or her license to practice law in another jurisdiction, Bar Counsel shall, following investigation pursuant to these rules, refer the matter to the ROC for further proceedings consistent with Rule 10(f). (d) Commencement of Proceedings Upon Notice of Discipline Imposed. Upon receiving notice that an attorney subject to these rules has been publicly disciplined in another jurisdiction, Bar Counsel shall obtain the disciplinary order and prepare and file a formal charge against the attorney as provided in Rule 13. If Bar Counsel intends either to claim that substantially different discipline is warranted or to present additional evidence, notice of that intent shall be given in the formal charge. If the attorney intends to challenge the validity of the disciplinary order entered in the foreign jurisdiction, the attorney must file with the BPR Clerk an answer and a full copy of the record of the disciplinary proceedings which resulted in the imposition of that disciplinary order within twenty-one (21) days after service of the formal charge or such greater time as the BPR Chair may allow for good cause shown. At the conclusion of proceedings brought under this Rule, the BPR shall issue a report and recommendation that the same discipline be imposed as was imposed by the foreign jurisdiction, unless it is determined by the BPR that: (1) The procedure followed in the foreign jurisdiction did not comport with requirements of due process of law; (2) The proof upon which the foreign jurisdiction based its determination of misconduct is so infirm that the BPR cannot, consistent with its duty, accept as final the determination of the foreign jurisdiction; (3) The imposition of the same discipline as was imposed in the foreign jurisdiction would result in grave injustice; or (4) The misconduct proved warrants that a substantially different form of discipline be recommended by the BPR. (e) If Bar Counsel does not seek substantially different discipline and if the respondent does not challenge the order based on any of the grounds set forth in (d)(1) through (4) above, then the BPR may, without a hearing, issue a report and recommendation for the same discipline as imposed by the foreign jurisdiction. Wyo. R. State Bar, Att'y Cond. & Prac. 19
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.