Wyoming Rules of Disciplinary Procedure, Rule 16
Rule 16. Proceedings Before the Court (Effective September 1, 2019.)
Length: 764 wordsOfficial source
(a) Jurisdiction. — Review by the Court of an order of private reprimand by the
Hearing Panel, or of the Hearing Panel’s report and recommendation for a public
censure, suspension, disbarment, order of reciprocal discipline, transfer to disability
inactive status, or a denial of reinstatement shall be allowed as provided by these rules.
(b) Standard of review. — The BPR is an ancillary body structured by the Court and
has no independent power, jurisdiction, or authority other than that specifically
delegated to it in accordance with these rules. The Court will give due consideration to
the findings and recommendations of the Hearing Panel, but the ultimate judgment in
proceedings under these rules is vested in the Court. Accordingly, the Court will
examine the evidence, make findings, determine whether there has been an infraction
of the Wyoming Rules of Professional Conduct, and impose the discipline which the
Court considers appropriate.
(c) Appeals and objections — how taken. —
(1) Appeal from order of private reprimand. — The respondent or Bar Counsel
(in consultation with the ROC) may appeal an order of private reprimand issued by
the Hearing Panel by filing a Petition for Review of Private Reprimand, which shall
set forth the specific exceptions to the private reprimand. The petition shall be
accompanied by a brief complying with W.R.A.P. 7.01 through 7.05. The petition
and brief must be filed within thirty (30) days of service of the order of private
reprimand. The opposing party may file a responsive brief within thirty (30) days
of service of the petition. If the responsive brief raises a cross-appeal, the petitioner
may file a reply to the cross appeal within twenty (20) days of service of the
responsive brief.
(2) Objections to report and recommendation for public discipline. — The
respondent or Bar Counsel (in consultation with the ROC) may object to a report
and recommendation of the Hearing Panel for public censure, suspension or
disbarment by filing a brief complying with W.R.A.P. 7.01 through 7.05, except that
instead of the statement of issues required by 7.01(e), the brief shall set forth the
specific exceptions to the report and recommendation. The brief must be filed
within thirty (30) days of service of the report and recommendation. The opposing
party may file a responsive brief within thirty (30) days of service of the objecting
party’s brief. If the responsive brief raises a cross-appeal, the objecting party may
file a reply to the cross appeal within twenty (20) days of service of the responsive
brief.
(3) Objections to report and recommendation in reinstatement proceedings, to
transfer to disability inactive status, or for discipline pursuant to Rule 19. — The
respondent or Bar Counsel (in consultation with the ROC) may object to a report
and recommendation of the Hearing Panel regarding a petition for reinstatement,
a petition for transfer to disability inactive status, or a formal charge brought
pursuant to Rule 19 by filing a brief complying with W.R.A.P. 7.01 through 7.05,
except that instead of the statement of issues required by 7.01(e), the brief shall set
forth the specific exceptions to the report and recommendation. The brief must be
filed within thirty (30) days of service of the report and recommendation. The
opposing party may file a responsive brief within thirty (30) days of service of the
objecting party’s brief.
(4) Extensions. — The Court may extend the time for filing of briefs for good
cause shown.
(5) If an appeal or objection is filed, the Court shall calendar the matter for such
proceedings or argument as it may deem appropriate and shall thereafter enter its
judgment.
(d) Record on appeal. — The record on appeal shall consist of all pleadings; all orders
entered by the Hearing Panel or a Disciplinary Judge; the Hearing Panel’s report and
recommendation; all hearing transcripts and exhibits; and all other documents on file
with the BPR Clerk. The record shall be properly paginated, fully indexed and bound for
transmission to the Court.
(e) No other evidence to be considered. — During its review, the Court shall not
receive or consider any evidence that was not presented to the Hearing Panel, except
upon notice to the respondent and Bar Counsel and opportunity to respond.
(f) Publication and Notice of Orders. — The Clerk of the Court shall release for
publication orders of disbarment, suspension, or transfer to disability inactive status,
and shall promptly transmit such orders to all courts in this state.
(Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017,
effective February 1, 2018; amended June 25, 2019, effective September 1, 2019.)