Section 3 - Confidentiality of Proceedings Under these Rules (a) All proceedings pursuant to these rules are confidential unless and until an order of public discipline is issued by the Court, except that the pendency, subject matter, status, and information discovered in the course of an investigation conducted pursuant to these rules may be disclosed by Bar Counsel if: (1) The respondent has waived confidentiality; (2) The proceeding is based upon allegations that include either the conviction of a crime or public discipline imposed by a foreign jurisdiction; (3) The proceeding is based on allegations that have become generally known to the public; (4) There is a need to notify another person or organization, including the Client Protection Fund of the Wyoming State Bar, to protect the public, the administration of justice, or the legal profession; (5) An Order of Immediate Suspension has been entered pursuant to 17; or (6) As necessary in Bar Counsel's discretion to conduct any investigation or proceedings pursuant to these rules. (b) Proceedings Regarding Disability. In proceedings regarding an attorney's disability, all orders transferring an attorney to or from disability inactive status shall be matters of public record, but otherwise, such proceedings shall be confidential and shall not be made public, except by order of the Court. (c) Disclosure to Law Firms. When Bar Counsel obtains an order transferring the respondent to disability inactive status or is authorized to file a formal charge, the respondent shall make written disclosure to the respondent's current firm and, if different, to the respondent's law firm at the time of the act or omission giving rise to the matter, of the fact that the order has been obtained or that a disciplinary proceeding as provided for in these rules has been commenced. The disclosures shall be made within fourteen (14) days of the date of the order or of the date of filing of a formal charge. In the event the respondent fails to provide Bar Counsel with confirmation of such disclosure, Bar Counsel shall make the disclosure. (d) Pending Investigations. Except as provided by section (a) of this rule, Bar Counsel shall treat as confidential investigations pending with Bar Counsel or before the ROC. (e) Cases Dismissed. Except as provided by section (a) of this rule, Bar Counsel shall treat as confidential complaints that have been dismissed. (f) Production of Records Pursuant to Subpoena. Bar Counsel, pursuant to a valid subpoena, shall not permit access to files or records or furnish documents that are confidential as provided by these rules unless the Court orders otherwise. When Bar Counsel is permitted to disclose confidential documents contained in files or confidential records, a reasonable fee may be charged for identification of and photocopying the documents and records. (g) Response to False or Misleading Statement. If public statements that are false or misleading are made about any disciplinary investigation or proceeding or disability inactive status proceeding, Bar Counsel may disclose information to the extent necessary to correct the false or misleading statements. (h) Request for Nonpublic Information. A request for nonpublic information other than that authorized for disclosure under section (a) of this rule shall be denied unless the request is from: (1) An agency authorized to investigate the qualifications of persons for admission to practice law; (2) An agency authorized to investigate the qualifications of persons for government employment; (3) An attorney discipline enforcement agency; (4) A criminal justice agency; or (5) An agency authorized to investigate the qualifications of judicial candidates. If the Judicial Nominating Commission requests the information it shall be furnished promptly and Bar Counsel shall give written notice to the attorney that specified confidential information has been so disclosed. (i) Notice to the Attorney. Except as provided in section (h)(5) of this rule, if Bar Counsel is permitted to provide nonpublic information requested, and if the attorney has not signed a waiver permitting the requesting agency to obtain nonpublic information, the attorney shall be notified in writing at his or her last known address of that information which has been requested and by whom, together with a copy of the information proposed to be released to the requesting agency. The notice shall advise the attorney that the information shall be released at the end of twenty-one (21) days following mailing of the notice unless the attorney objects to the disclosure. If the attorney timely objects to the disclosure, the information shall remain confidential unless the requesting agency obtains an order from the Court requiring its release. (j) Release Without Notice. If an agency otherwise authorized by section (h) of this rule has not obtained a waiver from the attorney to obtain nonpublic information, and requests that the information be released without giving notice to the attorney, the requesting agency shall certify that: (1) The request is made in furtherance of an ongoing investigation into misconduct by the attorney; (2) The information is essential to that investigation; and (3) Disclosure of the existence of the investigation to the attorney would seriously prejudice that investigation. (k) Notice to National Regulatory Data Bank. Bar Counsel shall transmit notice of all public discipline imposed against an attorney, transfers to or from disability inactive status, and reinstatements to the National Regulatory Data Bank maintained by the American Bar Association. (l) Duty of Officials and Employees. All officials and employees within the Office of Bar Counsel, the ROC, the BPR, and a Disciplinary Judge shall conduct themselves so as to maintain the confidentiality mandated by this rule. (m) Evidence of Crime. Nothing in these rules shall be construed to preclude any person from giving information to authorities authorized to investigate criminal activity. Wyo. R. State Bar, Att'y Cond. & Prac. 3
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.