(a) Terms of employment. Bar Counsel shall be an employee of the Wyoming State Bar and shall serve at the pleasure of the ROC. (b) Qualifications. Bar Counsel shall be an active member of the Wyoming State Bar with no less than five years' experience in the practice of law. (c) Bar Counsel's non-disciplinary powers and duties. Bar Counsel shall: (1) Supervise staff provided for the performance of Bar Counsel functions, including hiring, performance review, compensation and termination, all in consultation with the ROC; (2) Assist the ROC in developing an annual budget for the office of Bar Counsel for submission to the Board of Officers and Commissioners of the Wyoming State Bar; (3) Perform such duties relating to regulation of the practice of law as may be assigned by the ROC in consultation with the Court and the Executive Committee of the Wyoming State Bar; (4) Attend meetings of the Board of Officers and Commissioners of the Wyoming State Bar; (5) Advise and support the staff of the Wyoming State Bar with respect to matters requiring or benefiting from legal experience and training, including without limitation drafting, interpretation and revision of rules; responding to inquiries from the public; negotiation, preparation and interpretation of contracts and other legal documents; personnel matters; and issues relating to the professional practice of law in the State of Wyoming; (6) Participate in continuing legal education and similar activities relating to the professional practice of law in the State of Wyoming; (7) Contribute to the Wyoming Lawyer as requested by the editor; and (8) Perform such other duties as the ROC or the Court may direct. (d) Bar Counsel's disciplinary powers and duties. Bar Counsel shall: (1) Investigate allegations of attorney misconduct; (2) Prepare and prosecute disciplinary and disability matters; (3) In appropriate cases, negotiate dispositions of pending matters including stipulated discipline and diversions; (4) Promptly notify the complainant and the respondent of the disposition of each complaint; (5) Prosecute contempt and other proceedings for violations of these rules or the orders of the BPR or the Court; (6) Prepare and prosecute petitions for immediate suspension; (7) Represent the Wyoming State Bar with respect to petitions for reinstatement; (8) Take appropriate disciplinary action with respect to attorneys who are convicted of crimes; (9) Assist the Wyoming State Bar in dissemination of information regarding disciplinary matters; (10) Provide a written status report to the BPR and ROC no less than quarterly on those matters within their duties and responsibilities; (11) Without disclosing the identities of complainants and respondents, provide a written status report to the Board of Officers and Commissioners no less than quarterly regarding all pending matters; (12) Maintain a summary of all disciplinary orders to be made available to the public and members of the Wyoming State Bar; (13) Respond to inquiries from the Court and from disciplinary counsel in other jurisdictions regarding an attorney's disciplinary history; (14) Respond to inquiries from the Court regarding an attorney's disciplinary history and promptly inform the Court in the event a private repri mand is issued to, or a diversion agreement is approved for, a member of a Court-appointed Board or Committee; and (15) Perform such other duties as the ROC or the Court may direct. (e) Bar counsel may respond to inquiries from members of the Wyoming State Bar relating to application or interpretation of the Wyoming Rules of Professional Conduct. (f) Special Bar Counsel. (1) Special Bar Counsel may be employed 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. (2) Special Bar Counsel shall have the same powers and duties as Bar Counsel. (3) Special Bar Counsel shall not represent an attorney in any matter arising under these rules while acting as Special Bar Counsel. Wyo. R. State Bar, Att'y Cond. & Prac. 5
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.