Rule 6 - Civil injunction proceedings (a) If Bar Counsel determines that civil injunction proceedings should be instituted against a respondent, including when seeking approval of a consent agreement entered into under subparagraph (3) of paragraph (f) of Rule 5, Bar Counsel may commence such proceedings in the name of the Committee by filing a petition in the Supreme Court. The petition shall be in writing and shall set forth the facts and charges in plain language and with sufficient particularity to inform the respondent of the acts that Bar Counsel contends constitute the unauthorized practice of law. The petition shall specify the requested relief, which may include, without limitation, injunction, refund, restitution, a fine, and assessment of costs of the proceeding, or the approval of a consent agreement. Bar Counsel shall, at the time of filing the petit ion, serve a copy upon the respondent by certified mail. (b) Upon receipt of a petition filed by Bar Counsel in accordance with paragraph (a) of this rule, the Court may issue an order referring the matter to the Committee for further proceedings in accordance with paragraphs (d) through (h) of this rule. (c) If the Court refers a case to the Committee under paragraph (b) of this rule, the Court shall order the respondent to file with the Committee a written answer admitting or denying the matter stated in the petition. Unless otherwise ordered by the Court, the answer shall be filed within twenty (20) days after service of the Court's order on the respondent. If the Court is notified at the time the petition is filed by Bar Counsel that the respondent has entered into a consent agreement as provided for in subparagraph (3) of paragraph (f) of Rule 5, no answer need be filed by respondent unless otherwise ordered by the Court. (d) Disposition without hearing. (1) If the respondent fails to file an answer within the time permitted, Bar Counsel may move the Committee to conclude that the respondent has admitted the facts set forth in the petition. If the Committee grants such a motion, the Committee shall proceed to decide the case based on the petition and shall report in writing to the Supreme Court its findings of fact, conclusions of law, and recommended disposition of the case. (2) If the respondent's answer raises no genuine issue of material fact, any party may move the Committee to decide the case based on the pleadings. If the Committee grants such a motion, the Committee shall proceed to decide the case and shall report in writing to the Supreme Court its findings of fact, conclusions of law, and recommended disposition of the case. (3) Consent agreement. (A) If the respondent has entered into a consent agreement under subparagraph (3) of paragraph (f) of Rule 5, the consent agreement shall be submitted to the Committee for consideration along with the recommendations of Bar Counsel. Within thirty (30) days of the agreement being tendered to the Committee, the Committee shall issue a decision either accepting or rejecting the agreement. (B) In considering the agreement and reaching a decision, the Committee shall take any and all steps that the Committee deems are reasonably necessary, including but not limited to admitting and considering stipulated exhibits, reviewing any written admissions or factual stipulations, reviewing memoranda or briefs submitted by the parties, or, in the Committee's discretion, holding a hearing to question and otherwise take testimony from the respondent and, if necessary, other witnesses. (C) If the Committee accepts the agreement, the Committee shall proceed to report in writing to the Supreme Court the Committee's findings of fact, conclusions of law, and recommended disposition of the case, and the Court shall proceed as provided in Rule 7. (D) If the Committee rejects the agreement, the Committee shall proceed to schedule and conduct an evidentiary hearing pursuant to paragraphs (e) through (h) of this rule, and neither the agreement nor any of the factual stipulations made in connection with the agreement can be used against the respondent or Bar Counsel in any further proceedings. (e) Evidentiary hearing. (1) Unless the Committee resolves the case without a hearing under paragraph (d) of this rule, the Committee shall set a date, time, and place for an evidentiary hearing on the pending petition. (2) The evidentiary hearing shall be held in any county designated by the Committee chair or the chair's designee. When designating a place for the hearing, consideration will be given to whether the location will be convenient for potential witnesses. (3) The notice of hearing shall advise the respondent that the respondent is entitled to be represented by counsel at the hearing, to cross-examine witnesses, and to present evidence in the respondent's own behalf. Notice of hearing shall be served by certified mail. (f) Record of evidentiary hearing. (1) "Record," as used in these rules means the transcript of any evidentiary hearing and all pleadings, exhibits, and other documents filed with the Committee during the course of the proceedings. (2) The Committee shall arrange for a certified court reporter to take a record of all evidence received during the course of the hearing. The Wyoming State Bar shall pay the expense for the transcript of proceedings, provided that the Court may later assess the expense against the respondent under Rule 7. The respondent may request a copy of the transcript directly from the court reporter at the respondent's own expense. (g) Evidentiary hearing procedure. (1) Hearings shall be adversary in nature, prosecuted by Bar Counsel who shall bear the burden, by a preponderance of the evidence, of demonstrating that the respondent has engaged in or is engaging in the unauthorized practice of law. (2) All witnesses shall be sworn. (3) Bar Counsel shall present evidence in support of all allegations in the petition, followed by the respondent's evidence. (4) The Committee chair or the chair's designee shall preside and shall make rulings upon questions of admissibility of evidence and conduct of proceedings. The Committee may ask questions of any witness, including the respondent, at any stage of the proceedings. (5) Hearings may be adjourned from time to time at the discretion of the Committee. (6) The complaining witness or witnesses, the respondent, and Bar Counsel may be present throughout the hearing. Other witnesses may be excluded, except when testifying, at the discretion of the Committee. (7) A party may procure the attendance of a witness by requesting that the Committee issue a subpoena in the name of the Supreme Court. In addition to any potential violations of criminal law, the Court may hold a person in civil contempt of court for failing or refusing, without adequate excuse, to comply with any such subpoena. (8) The Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence shall be applicable when not inconsistent with these rules, subject to the fact that the hearing officer may receive and consider any evidence that the hearing officer believes to be cogent and credible in the exercise of sound judicial discretion. (9) Within a reasonable time after the hearing, as ordered by the Committee, both parties shall have the right to submit proposed findings of fact and conclusions of law, and a suggested disposition of the case. (h) Notice of findings, conclusions, and recommended disposition. (1) Within thirty (30) days of receipt of the parties' proposed findings of fact, conclusions of law, and recommended disposition of the case, the Committee shall submit to the Supreme Court the record of the hearing and a written report setting forth the Committee's findings of fact, conclusions of law, and recommended final disposition of the case. A copy of the written report shall be mailed to respondent and Bar Counsel. (2) If the Committee concludes in the report that the respondent has engaged in the unauthorized practice of law, then the Committee may recommend that a fine be imposed for each incident of unauthorized practice of law; the minimum fine for each incident shall be not less than two hundred and fifty dollars ($250) and not more than one thousand dollars ($1000). Wyo. R. State Bar, Att'y Cond. & Prac. 6
Added March 4, 2014, effective March 4, 2014.