Rule 403 - Hearing Procedure (a) Notice. The Committee shall fix a time and place for a hearing on the application, and the Admissions Director shall serve notice thereof not less than 30 days prior to the hearing upon the applicant and upon such other persons as may be ordered by the Committee. This notice requirement may be waived by the applicant. (b) Service of Notice or Any Other Pleading. All pleadings or other notices shall be served upon the Committee by delivery of duplicate copies of such pleadings to the Admissions Director by personal service or by U.S. mail. Service of any pleading or other notice upon an applicant or the applicant's attorney shall be by personal service, electronic mail or by U.S. mail. When service is made by U.S. mail, three days shall be added to the prescribed period for accomplishing an act required by these rules. (c) Appearance and Right to Counsel. The applicant shall appear in person at any hearing before the Committee, unless the applicant's presence is waived by the Committee for good cause shown. The presumption is that the applicant's personal attendance at the hearing will be required. An applicant may be represented by counsel. (d) Burden of Proof. The applicant must establish by clear and convincing evidence that the applicant possesses good moral character and the requisite fitness to practice law, and shall have the burden of going forward with evidence of such. (e) Committee to conduct hearing; Committee chair authority as chief hearing officer. The Committee shall conduct the hearing. The Committee chair or the chair's designee shall serve as the chief hearing officer and shall have the following powers and duties: (1) To issue and enforce subpoenas; (2) To administer oaths and affirmations; (3) To conduct a scheduling conference if requested by a party, and to enter a scheduling order following the conference; (4) To conduct pre-hearing conferences and establish pre-hearing procedures; (5) To rule upon nondispositive pre-hearing motions; (6) To preside at hearings and to rule on evidentiary matters as requested; (7) To compel obedience to rulings, orders, and subpoenas, including the imposition of sanctions pursuant to the provisions of Rule 37, W.R.C.P. (A) In the event any person fails or refuses to comply with a subpoena, the party causing the subpoena to be issued may file with the Admissions Director a motion for order to show cause why the person should not be held in contempt of court. (B) The person against whom the motion is made shall file a written response within ten (10) days of service of the motion. (C) The motion shall be heard by the Committee chair. In the absence of good cause shown, the chair shall submit a report and recommendation to the Court. The Court shall then determine whether to impose contempt. (f) Witnesses and Exhibits. A listing of trial witnesses and exhibits shall be filed and copies of exhibits shall be exchanged at least 10 days prior to the hearing. Although the Rules of Civil Procedure do not apply to proceedings conducted pursuant to these Rules, Bar Counsel, the applicant and the applicant's counsel shall comply with reasonable information requests. (g) Admissibility of Evidence. (1) Evidentiary rulings shall be made by the Committee chair. A majority of Committee members present may by vote overrule a ruling by the chair. (2) Evidence, including hearsay evidence, is admissible if it is the kind of evidence upon which reasonably prudent persons are accustomed to rely in the conduct of their affairs. The chair may exclude evidence that is irrelevant, immaterial, or unduly repetitious. (3) Witnesses shall testify under oath; all testimony shall be reported by and, if necessary, transcribed by a certified court reporter. (4) Expert witnesses shall appear and testify in person or by telephone or video conference before the Committee, unless in the discretion of the Committee their appearance before the Committee is waived. (5) Questioning of the applicant and the applicant's witnesses shall be conducted by Bar Counsel, by members of the Committee, and by the applicant or the applicant's counsel. (6) Any testimony or records from medical or other treatment providers may be admitted into evidence at a hearing on, or review of, the applicant's fitness and transmitted with the record on review to the Court. Such records and testimony regarding the applicant's fitness shall otherwise be kept confidential in all respects and neither the records nor the testimony of the medical or treatment provider shall be discoverable or admissible in any other proceeding or action without the written consent of the applicant. (h) Independent Medical Examination. If the testimony and evidence presented at a hearing has failed to resolve the Committee's reasonable concerns regarding the applicant's ability to meet the essential eligibility requirements to practice law, an Independent Medical Examination (IME) may be requested by the Committee, and the hearing shall be continued as necessary. If the applicant has not previously been requested to provide information regarding the applicant's drug or alcohol dependence, health diagnosis or treatment, the Committee shall continue the hearing and shall provide the applicant with the opportunity to submit such information, within such reasonable time as the Committee shall establish, prior to requesting the IME. (1) Time and Place. Any IME shall occur at a time and place convenient to the applicant and shall be conducted by a professional mutually agreed upon by the applicant and Bar Counsel. (2) Failure to Comply. The failure of an applicant to agree to or submit to a required IME may result in a recommendation to the Court that the applicant's application be denied. (3) Costs. The cost of any IME required by the Committee shall be borne by the Bar. (4) Report. The examining professional shall issue a written report of his or her findings which report shall be provided to the applicant and his or her counsel, Bar Counsel and the Committee. (5) Rebuttal to IME. The applicant shall have the right to provide rebuttal medical information from treating clinicians if such information is provided within thirty (30) days from the receipt of the IME report. (6) After receiving information regarding the applicant's drug or alcohol dependence, health diagnosis or treatment not previously requested or upon completion of the IME and any rebuttal IME or other evidence, the Committee may re-open the hearing and take any further testimony or evidence it deems necessary or may close the hearing and make its decision and recommendation based upon the record before it. (i) Withdrawal of Application. Upon written request an applicant may withdraw his/her application before a final recommendation on such application has been submitted by the Committee to the Court. In the event of a reapplication, any information obtained from any previous application proceeding may be considered by the Board and the Committee. Wyo. R. State Bar, Att'y Cond. & Prac. 403
Amended August 27, 2014, effective October 1, 2014; former Rule 403 deleted effective April 15, 2016; current Rule added effective April 15, 2016; amended March 13, 2018, effective June 1, 2018.