Wyoming Rules of Disciplinary Procedure, Rule 5
Rule 5. Bar Counsel
Length: 785 wordsOfficial source
(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.
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;
ndents, 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 reprimand 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.
(Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017,
effective February 1, 2018.)