Wyoming Rules of Disciplinary Procedure, Rule 4
Rule 4. Review and Oversight Committee
Length: 562 wordsOfficial source
(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.
(Adopted February 20, 2015, effective July 1, 2015.)