Rule 503 - Conditional Admission (a) Conditional Admission. An applicant who satisfies the essential eligibility requirements for admission to practice law and currently satisfies character and fitness requirements except that he or she is engaged in a sustained and effective course of treatment for or remediation of: (1) substance abuse or dependence; (2) a diagnosed mental, behavioral or physical impairment that, should it reoccur, would likely impair the applicant's ability to practice law or pose a threat to the public; or (3) neglect of financial affairs, may be admitted to practice law conditioned upon the applicant's compliance with appropriate post-admission requirements. (b) Procedure. The Committee shall make conditional admission recommendations to the Court. Those recommendations shall include recommended relevant conditions that an applicant must comply with during the period of conditional admission. The Court may grant conditional admission based upon conditions the Court determines appropriate under the circumstances. (1) Before the Court grants conditional admission, the applicant will enter into a Monitoring Agreement setting forth the requirements with which the applicant must comply during the period of conditional admission. (2) Once the Monitoring Agreement has been executed and submitted to the Court, the Court may enter an order admitting the applicant. The order admitting the applicant will not indicate that the admission is conditional or different in any respect from orders admitting other applicants. (c) Conditions. The Committee may recommend, and the Court may order, that an applicant's admission be conditioned on the applicant's complying with requirements that are designed to detect and address behavior that could render the applicant unfit to practice law and to protect clients and the public. Conditions may include the following: alcohol, drug or mental health treatment; medical, psychological or psychiatric care; participation in group therapy or support; random chemical screening; monitoring, supervision or mentoring; or other conditions deemed appropriate by the Committee or the Court. The conditions shall be tailored to detect and address recurrence of the conduct or behavior which could render an applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment or other support. The conditions should be established on the basis of clinical or other appropriate evaluations, take into consideration the recommendations of qualified professionals, when appropriate, and protect the privacy interests of the conditionally admitted attorney in professional treatment records to the extent possible. The conditions shall be set forth in a Monitoring Agreement signed by the applicant, which shall be made a part of the conditionally admitted attorney's application file and shall remain confidential, except as provided in this and any other applicable rules. (d) Length of Conditional Admission. The initial conditional admission period as established in the Monitoring Agreement shall not exceed sixty months. (e) Compliance with Monitoring Agreement. During the conditional admission period, the Committee shall take such action as is necessary to monitor compliance with the terms of the Monitoring Agreement, including requiring an appearance before the Committee and requiring responses to requests for information by the Committee. (f) Failure to Fulfill the Terms of Conditional Admission. Failure of a conditionally admitted attorney to fulfill the terms of a Monitoring Agreement may result in modification of the agreement, including extension of the period of conditional admission, suspension or termination of the conditional admission or such other action as may be appropriate under these Rules. (g) Violation of Monitoring Agreement. Incidents of non-compliance with the Monitoring Agreement will be reported by to Bar Counsel. If Bar Counsel determines that the requirements of the Monitoring Agreement have been violated and the violation is material, Bar Counsel shall initiate proceedings to determine whether the conditional admission should be terminated, extended or modified. (h) [Effective until January 1, 2017.] Termination. Bar Counsel may petition the Court for an order to show cause why the conditionally admitted attorney's membership should not be terminated. If a petition is filed: (1) The Court shall examine the petition and determine whether a prima facie showing of a violation of the Monitoring Agreement has been demonstrated. If the Court determines that such a showing has been made, it may immediately suspend the conditionally admitted attorney and may issue an order to show cause why the conditionally admitted attorney's membership should not be terminated. (2) A suspended attorney shall comply with the requirements of suspended attorneys. (3) The conditionally admitted attorney may file a verified response to the order to show cause, in which case the Court shall assign the matter to the Committee for hearing and recommendation. (4) Following the hearing, the Committee may recommend, and the Court may order, the conditional admission be extended or modified or that the conditionally admitted attorney's membership be terminated. The Committee's recommendation shall be served on the applicant pursuant to Rule 403(b). The recommendation, along with the record (including the transcript and exhibits) shall be assembled by the Admissions Director and transmitted to the Court. (h) [Effective January 1, 2017.] Termination. Bar Counsel may petition the Court for an order to show cause why the conditionally admitted attorney's membership should not be terminated. If a petition is filed: (1) The Court shall examine the petition and determine whether a prima facie showing of a violation of the Monitoring Agreement has been demonstrated. If the Court determines that such a showing has been made, it may immediately suspend the conditionally admitted attorney and may issue an order to show cause why the conditionally admitted attorney's membership should not be terminated. The order of suspension shall not be confidential (2) A suspended attorney shall comply with the requirements of suspended attorneys. (3) The conditionally admitted attorney may file a verified response to the order to show cause within 30 days of the date of the order to show cause, in which case the Court shall assign the matter to the Committee for hearing and recommendation. In the event the conditionally admitted attorney does not file a verified response to the order to show cause, the Court shall issue an order terminating the conditionally admitted attorney's membership in the Wyoming State Bar. The order of termination shall not be confidential. (4) Following the hearing, the Committee may recommend, and the Court may order, the conditional admission be extended or modified or that the conditionally admitted attorney's membership be terminated. The Committee's recommendation shall be served on the applicant pursuant to Rule 403(b). The recommendation, along with the record (including the transcript and exhibits) shall be assembled by the Admissions Director and transmitted to the Court. (i) Hearing procedure. (1) Notice. The Committee shall fix a time and place for a hearing on the petition, and the Admissions Director shall serve notice thereof not less than 30 days prior to the hearing upon the conditionally admitted attorney and upon such other persons as may be ordered by the Committee. This notice requirement may be waived by the conditionally admitted attorney. (2) Appearance and Right to Counsel. The conditionally admitted attorney shall appear in person at any hearing before the Committee, unless the conditionally admitted attorney's presence is waived by the Committee for good cause shown. The presumption is that the conditionally admitted attorney's personal attendance at the hearing will be required. A conditionally admitted attorney may be represented by counsel. (3) Burden of Proof. Bar Counsel must prove by a preponderance of the evidence that the conditionally admitted attorney has committed a material violation of the Monitoring Agreement and that as a result the conditionally admitted attorney does not possess the requisite good moral character and fitness to practice law. (4) 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 conditionally admitted attorney and the conditionally admitted attorney's counsel shall comply with reasonable information requests. (5) Admissibility of Evidence. (A) Evidentiary rulings shall be made by the Committee chair. A majority of Committee members present may by vote overrule a ruling by the chair. (B) Evidence, including hearsay evidence, is admissible if in the chair's judgment 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. (C) Witnesses shall testify under oath; all testimony shall be transcribed by a certified court reporter. (D) 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. (E) Questioning of the conditionally admitted attorney and the conditionally admitted attorney's witnesses shall be conducted by Bar Counsel, by members of the Committee, and by the conditionally admitted attorney or the conditionally admitted attorney's counsel. (F) The Committee may question medical or other treatment providers and seek medical or other treatment records in accordance with Rule 403(g). (j) [Effective until January 1, 2017.] Post-hearing proceedings. If the Committee recommends that the conditional admission be extended or modified or that the conditionally admitted attorney's membership be terminated, the conditionally admitted attorney may object to the recommendation by filing with the Court a brief complying with W.R.A.P. 7.01 through 7.04, except that instead of the statement of issues required by 7.01(d), the conditionally admitted attorney shall set forth specific exceptions to the recommendation. The brief must be filed within thirty (30) days of service of the report and recommendation. Bar Counsel may file a responsive brief within twenty (20) days of service of the conditionally admitted attorney's brief. If Bar Counsel files a responsive brief, the conditionally admitted attorney may file a reply brief within ten (10) days of service of Bar Counsel's brief. (j) [Effective January 1, 2017.] Post-hearing proceedings. If the Committee recommends that the conditional admission be extended or modified or that the conditionally admitted attorney's membership be terminated, the conditionally admitted attorney may object to the recommendation by filing with the Court a brief complying with W.R.A.P. 7.01 through 7.04, except that instead of the statement of issues required by 7.01(d), the conditionally admitted attorney shall set forth specific exceptions to the recommendation. The brief must be filed within thirty (30) days of service of the report and recommendation. Bar Counsel may file a responsive brief within twenty (20) days of service of the conditionally admitted attorney's brief. If Bar Counsel files a responsive brief, the conditionally admitted attorney may file a reply brief within ten (10) days of service of Bar Counsel's brief. The Court shall calendar the matter for such proceedings or argument as it may deem appropriate and shall thereafter enter its order (k) Expiration of Monitoring Agreement. (1) Unless the conditional admission is terminated or extended or a petition to terminate for a violation of a Monitoring Agreement is pending, the conditions imposed by the Monitoring Agreement shall expire upon completion of the period of conditional admission. (2) In such case, the Committee shall notify the Court that the conditionally admitted attorney has complied with all requirements of the Monitoring Agreement and that the terms of conditional admission have been satisfied. (l) Confidentiality. Except as otherwise provided herein, and unless the Court orders otherwise, the fact that an individual is conditionally admitted and the terms of the Monitoring Agreement shall be confidential, provided that the applicant shall disclose the terms of the applicant's conditional admission to the admissions authority in any jurisdiction where the applicant applies for admission to practice law. These provisions for confidentiality shall not prohibit or restrict the ability of the applicant to disclose to third parties that the applicant has been conditionally admitted under this rule, nor prohibit requiring third-party verification of compliance with terms of conditional admission by admission authorities in jurisdictions to which the conditionally admitted attorney may subsequently apply. Wyo. R. State Bar, Att'y Cond. & Prac. 503
Added August 27, 2014, effective October 1, 2014; amended March 6, 2016, effective April 15, 2016; amended August 30, 2016, effective January 1, 2017; amended March 13, 2018, effective June 1, 2018.