Section 4 - Review and Oversight Committee (a) Appointment. The Court shall appoint a Review and Oversight Committee (ROC) consisting of three members, all of whom shall be attorneys. Consideration shall be given to the appointment of members who reside in different parts of the state and who have differing degrees of experience and types of expertise in the practice of law. (b) Terms; governance; temporary members. When the ROC is first selected, one member shall be appointed to a three year term, one member shall be appointed to a two year term, and one member shall be appointed to a one year term. Thereafter, all terms shall be three years. (1) One member shall be designated by a majority vote of the ROC as Chair, and one member as vice-Chair to act in the absence or disability of the Chair. (2) The ROC shall act only upon concurrence of two of the three members. (3) For good cause shown, the Court may appoint a temporary replacement member or members in situations in which one or more of the regularly-appointed members are not available to serve. (c) Powers and duties of the ROC. The ROC shall: (1) Prepare and submit an annual budget for the Office of Bar Counsel to the Board of Officers and Commissioners. In the event the ROC's annual budget is not approved by the Board of Officers and Commissioners and no agreement can be reached, the Court will be consulted and the Court's decision will control. (2) In consultation with the Executive Committee of the Wyoming State Bar and the Court, make decisions regarding the hiring, compensation and termination of Bar Counsel; (3) Approve the hiring of Special Bar Counsel in cases in which a complaint has been made against Bar Counsel, Bar Counsel has a conflict of interest, or for other good cause shown, and approve for payment by the Wyoming State Bar all invoices for services provided thereby; (4) Provide general supervision of, guidance to, and oversight of the Office of Bar Counsel, including engaging in privileged communications with Bar Counsel regarding ongoing matters; (5) Report to the Board of Officers and Commissioners regarding the performance of the Office of Bar Counsel; (6) Determine whether sufficiently credible or verifiable information exists to warrant an investigation by Bar Counsel where no written complaint has been received; (7) Perform requested reviews of Bar Counsel's dismissal of a complaint; (8) Issue private reprimands; (9) Determine whether a complaint should be diverted pursuant to Rule 11 and make determinations regarding compliance with or violations of a diversion agreement; (10) Determine whether probable cause exists justifying the filing of a formal charge or a petition for disability inactive status; and (11) Take any other action authorized by the Court. (d) Abstention. A member of the ROC shall refrain from taking part in any proceedings in which a judge, similarly situated, would be required to abstain. (e) Reimbursement of expenses. Members of the ROC shall be entitled to reimbursement for reasonable travel, meals, lodging and other expenses incurred in the course of their official duties. (f) Confidentiality of ROC proceedings. All communications between Bar Counsel and the ROC and all records, findings, and proceedings of the ROC are confidential and privileged, and are not subject to discovery or introduction into evidence in any civil action. Wyo. R. State Bar, Att'y Cond. & Prac. 4
Adopted April 6, 2015, effective July 1, 2015.