Section 9 - Forms of Discipline; Publication of Disciplinary Orders; Probation (a) Forms of discipline. Any of the following forms of discipline may be imposed in those cases where grounds for discipline have been established: (1) Disbarment. Disbarment is the revocation by the Court of an attorney's license to practice law in this state, subject to reinstatement as provided in 22. Disbarment shall be for five years. (2) Suspension. Suspension is the temporary suspension by the Court of an attorney's license to practice law in this state, subject to reinstatement as provided in Rule 22. Suspension, which may be stayed in whole or in part at the discretion of the Court when probation is imposed, shall be for a definite period of time not to exceed three years. (3) Public censure. Public censure is an order of the Court censuring an attorney's misconduct but not limiting the attorney's right to practice law. (4) Private reprimand. Private reprimand is an order from the ROC or the BPR admonishing an attorney for misconduct. (A) An attorney who has been admonished by the ROC and who wishes to challenge the private reprimand may, by filing a written petition with the BPR Clerk within twenty (20) days after the private reprimand was served on the attorney, demand as a matter of right that the private reprimand be vacated, that a formal charge be filed against the attorney, and that disciplinary proceedings continue in the manner prescribed by these rules. Upon the filing of a written petition, the private reprimand shall be withdrawn and Bar Counsel shall proceed with a formal charge. The fact that a private reprimand was issued by the ROC and rejected by the respondent shall not be admissible in the disciplinary proceeding. (B) A private reprimand shall be part of an attorney's record for five years, then be removed. Private reprimands issued more than five years before a subsequent disciplinary hearing shall not be considered by the BPR for purposes of recommending subsequent discipline. (C) For educational purposes, Bar Counsel may cause to be published a summary of any private reprimand without mention of the attorney's name and with other identifying information removed. (b) Publication in Pacific Reporter. Orders of disbarment, suspension, public censure, transferring an attorney to disability inactive status and orders resulting from an attorney's petition for reinstatement shall be published in the Pacific Reporter and shall remain a permanent part of the attorney's record. (c) Probation. (1) Eligibility.As part of a conditional admission or during proceedings pursuant to 15, when an attorney has demonstrated that the attorney: (A) is unlikely to harm the public during the period of probation and can be adequately supervised; (B) is able to perform legal services and is able to practice law without causing the courts or the profession to fall into disrepute; and (C) has not committed acts warranting disbarment, then the attorney may be placed on probation. Probation shall be imposed for a specified period of time only in conjunction with a suspension which may be stayed in whole or in part. No period of suspension shall run concurrently with any period of probation. An order of probation shall be regarded as an order of discipline. The period of probation shall not exceed three years unless an extension is granted upon motion by either party. A motion for an extension must be filed prior to the conclusion of the period originally specified. (2) Conditions of Probation. The order placing an attorney on probation shall specify the conditions of probation. The conditions shall take into consideration the nature and circumstances of the attorney's misconduct and the history, character, and health status of the attorney and shall include a provision that there be no further violations of the Wyoming Rules of Professional Conduct. The conditions may include but are not limited to the following: (A) Making periodic reports to Bar Counsel as provided in subsection (c)(4) of this rule; (B) Monitoring the attorney's practice or accounting procedures; (C) Establishing a relationship with an attorney-mentor, and regular reporting with respect to the development of that relationship; (D) Satisfactory completion of a course of study; (E) Successful completion of the multi-state professional responsibility examination; (F) Refund or restitution; (G) Medical evaluation or treatment; (H) Mental health evaluation or treatment; (I) Evaluation or treatment in a program that specializes in treating disorders related to sexual misconduct; (J) Evaluation or treatment in a program that specializes in treating matters relating to perpetration of family violence, including but not limited to domestic partner, elder, and child abuse; (K) Abstinence from alcohol and drugs; and (L) No further violations of the Wyoming Rules of Professional Conduct. (3) Costs. The attorney shall also be responsible for all costs of evaluation, treatment and supervision. Failure to pay these costs prior to termination of probation shall constitute a violation of probation. (4) Monitoring. Bar Counsel shall monitor the attorney's compliance with the conditions of probation imposed under these rules. (5) Violations. If, during the period the attorney is on probation, Bar Counsel receives information that any condition may have been violated, Bar Counsel may file a motion with the BPR specifying the alleged violation and seeking an order requiring the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. The filing of such a motion shall toll any period of probation until final action. A hearing shall be held upon motion of either party before the BPR. At the revocation hearing, Bar Counsel has the burden of establishing by a preponderance of the evidence the violation of a condition of probation. When, in a revocation hearing, the alleged violation of a condition is the attorney's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a violation. Any evidence having probative value shall be received regardless of its admissibility under the rules of evidence if the attorney is accorded a fair opportunity to rebut hearsay evidence. Following the revocation hearing, the BPR shall issue a report and recommendation to the Court setting forth findings of fact, conclusions of law and recommended action with respect to the revocation. Such recommended action may include imposition, in whole or in part, of the stayed suspension. (6) Independent charges. A motion for revocation of an attorney's probation shall not preclude Bar Counsel from filing independent disciplinary charges based on the same conduct as alleged in the motion. (7) Termination. An attorney who has been suspended for six (6) months or less shall be reinstated automatically upon the expiration of the period of probation as provided in Rule 22(a). An attorney who has been suspended (with probation) for more than six (6) months shall seek reinstatement as provided in Rule 22(b). (d) Conditions of Discipline. In ordering a private reprimand or in recommending an order of public discipline, the BPR may impose reasonable conditions thereon, including but not limited to those set forth in Rule 9(c)(2). Wyo. R. State Bar, Att'y Cond. & Prac. 9
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.