Rule 9 - Criminal contempt proceedings Criminal contempt proceedings for unauthorized practice of law shall be prosecuted in the district court for the district in which the respondent resides or in which the unauthorized practice is alleged to have occurred in the following manner:
(a) Upon receiving a written affidavit of Bar Counsel alleging facts indicating that a person, firm or corporation has violated a previous order by the Supreme Court enjoining the accused from further conduct found to constitute the unauthorized practice of law, and containing a prayer for a contempt citation, the court may issue an order directed to the respondent, stating the essential allegations charged and requiring respondent to appear before the court to show cause why respondent should not be held in contempt of court for violations of a previous order by the Supreme Court enjoining the accused from further conduct found to constitute the unauthorized practice of law. The order shall specify the time and place of the hearing, and a reasonable time shall be allowed for preparation of the defense after service of the order on the respondent. (b) Any respondent, who is determined to be insolvent by the court, shall be entitled to the appointment of counsel. In proceedings for the determination of insolvency, there shall be a presumption of solvency, and the respondent shall have the burden of rebutting the presumption by competent proof. (c) Venue for the hearing before the district court shall be in the county where the respondent resides or where the alleged offense was committed, whichever shall be designated by the district court. (d) The respondent, personally or by counsel, may move to dismiss the order to show cause, move for a bill of particulars or answer such order by way of explanation or defense. All motions and the answer shall be in writing. A respondent's omission to file motions or answer shall not be deemed as an admission of guilt of the contempt charged. (e) The district court may issue an order of arrest of the respondent if the court has reason to believe the respondent will not appear in response to the order to show cause. The respondent shall be admitted to bail in the manner provided by law in criminal cases. (f) The respondent shall be arraigned at the time of the hearing before the court, or prior thereto upon his request. A hearing to determine the guilt or innocence of the respondent shall follow a plea of not guilty at a later date. The respondent is entitled to be represented by counsel, have compulsory process for the attendance of witnesses, and confront witnesses against him. The respondent may testify in his own defense. No respondent may be compelled to testify. A presumption of innocence shall be accorded the respondent, and Bar Counsel or Bar Counsel's designee, which shall act as prosecuting authority, must provide proof of the guilt of the respondent beyond a reasonable doubt. (g) The court shall hear all issues of law and fact and all evidence and testimony presented shall be transcribed. (h) At the conclusion of the hearing, the court shall sign and enter of record a judgment of guilty or not guilty. There should be included in a judgment of guilty a recital of the facts constituting the contempt of which the respondent has been found and adjudicated guilty. (i) A person found guilty of contempt under this procedure shall be fined not more than five thousand dollars ($5,000) or imprisoned in the county jail for not more than three (3) months, or both. In addition, the court may order that all fees paid by clients of any person found guilty under this procedure be restored. (j) Prior to the pronouncement of a sentence upon a judgment of guilty, the court shall inform the respondent of the accusation and judgment against him and afford him the opportunity to present evidence of mitigating circumstances. The sentence shall be pronounced in open court and in the presence of the respondent. (k) Any judgment of guilty shall be subject to review by the Wyoming Supreme Court pursuant to the Wyoming Rules of Appellate Procedure. Wyo. R. State Bar, Att'y Cond. & Prac. 9
Added March 4, 2014, effective March 4, 2014.