Section 22 - Reinstatement After Disciplinary Suspension or Disbarment (a) Reinstatement after suspension for six months or less. An attorney who has been suspended for six (6) months or less shall be reinstated automatically upon the expiration of the period of suspension and the filing of an affidavit with the Court, a copy of which shall be served upon the BPR and Bar Counsel, which shows: (1) The attorney is current on the payment of annual license fees and any late charges; (2) The attorney is current on continuing legal education, including the payment of any fees for delinquency or noncompliance; (3) There have been no claims or awards made in regard to an attorney on the Client Protection Fund for which the fund has not been reimbursed; and (4) The attorney has complied with all requirements of the Court's disciplinary order. (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 ($1000.00) 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. (A) Immediately upon receipt of a verified petition for reinstatement, Bar Counsel shall conduct any investigation Bar Counsel deems necessary. The petitioner shall cooperate in any such investigation. (B) Following investigation, Bar Counsel and the attorney may stipulate to reinstatement by submitting to the BPR a written stipulation and affidavit of the attorney which provides a detailed description of the factual basis for compliance with the requirements for reinstatement. Any such stipulation shall be approved or disapproved by the BPR. If the stipulation is approved, a report and recommendation shall be transmitted to the Court. If accepted by the Court, the Court shall issue its order stating that the attorney is reinstated to the practice of law, which may include any conditions the Court deems appropriate. (C) If Bar Counsel and the attorney do not reach a stipulation for the attorney's reinstatement within 60 days of the filing of the verified petition for reinstatement and, if applicable, receipt of the character report of the National Conference of Bar Examiners, Bar Counsel shall file an answer to the petition. Thereafter, the petition for reinstatement shall proceed to a hearing before the BPR as provided in Rule 15. (D) In deciding whether to recommend reinstatement, the BPR shall consider the attorney's past disciplinary record. The BPR may condition a recommendation for reinstatement upon compliance with any additional requirements it deems appropriate, including but not limited to the payment of restitution to any person harmed by the misconduct for which the petitioner was suspended. (E) An attorney for whom the BPR does not recommend reinstatement may proceed before the Court as provided in Rule 16. (5) A copy of the verified petition for reinstatement shall be served upon all complainants in the underlying disciplinary proceedings, who shall have thirty (30) days to submit their written comments to the BPR. (6) Reinstatement proceedings following disciplinary suspension or disbarment. (7) Successive petitions. No petition for reinstatement under this rule shall be accepted within two years following a denial of a previous petition for reinstatement filed on behalf of the same person. If a suspended or disbarred attorney has not obtained reinstatement within seven years after the effective date of the order of suspension or disbarment, the attorney's membership in the Wyoming State Bar shall terminate. Such attorney who thereafter seeks admission to the Wyoming State Bar shall comply with the admission requirements set forth in the Wyoming Rules and Procedures Governing Admission to the Practice of Law. (8) If an attorney who has been disbarred or suspended does not seek reinstatement within one (1) year from the date the attorney becomes eligible to seek reinstatement, such attorney's membership in the Wyoming State Bar shall terminate. Such attorney who thereafter seeks admission to the Wyoming State Bar shall comply with the admission requirements set forth in the Wyoming Rules and Procedures Governing Admission to the Practice of Law. Wyo. R. State Bar, Att'y Cond. & Prac. 22
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.