Section 15 - Proceedings Before the BPR (a) Pre-hearing procedures. (1) Filing of documents. All documents required to be submitted to the BPR after the filing of a formal charge shall be filed with the BPR Clerk with copies served on all parties as provided in Rule 5, W.R.Civ.P. The provisions of Rules 6, 7, 8, 10, 11 and 15, W.R.Civ.P., apply to documents filed with the BPR Clerk to the extent those rules are in their nature applicable and consistent with these rules. (2) Scheduling. The BPR Chair shall conduct one or more scheduling conferences for purposes of managing the disciplinary proceeding and shall issue on order establishing dates and deadlines including the time, date and location of any hearing to be held in the matter. (3) Discovery. Discovery may be had as provided in Rules 26, 29, 30, 32, 33, 34, 35, 36 and 37, W.R.Civ.P., to the extent those rules are in their nature applicable and consistent with these rules. Bar Counsel shall have a continuing obligation to disclose all exculpatory information to the respondent. (4) Order for examination. When the mental or physical condition of the respondent has become an issue in the proceeding, the BPR Chair, on motion of Bar Counsel, may order the respondent to submit to a physical or mental examination by a suitable licensed or certified examiner. The order may be made only upon a determination that reasonable cause exists and after notice to the respondent. The respondent will be provided the opportunity to respond to the motion of Bar Counsel, and the respondent may request a hearing before the BPR Chair. If requested, the hearing shall be held within fourteen (14) days of the date of the respondent's request, and shall be limited to the issue of whether reasonable cause exists for such an order. (5) Subpoenas. Subpoenas may be issued by Bar Counsel, the respondent, or the BPR Chair as provided in Rule 45, W.R.Civ.P. Witness fees and mileage shall be the same as those for state district court proceedings. (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 BPR Clerk 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 BPR Chair. In the absence of good cause shown, the BPR Chair shall submit a report and recommendation to the Court. The Court shall then determine whether to impose contempt. (6) Subpoenas for use in out-of-state attorney discipline matters. Whenever a subpoena is sought in the State of Wyoming for use in lawyer discipline or disability investigations or proceedings in another jurisdiction, and where the application for issuance of the subpoena has been duly approved or authorized under the law of that jurisdiction, Bar Counsel or the BPR Clerk may issue a subpoena as provided in Rule 45, W.R.Civ.P, to compel the attendance of witnesses and production of documents in Wyoming or elsewhere as agreed by the witnesses, for use in such foreign investigations or proceedings. Service, enforcement and challenges to such subpoenas shall be as provided in these rules. (7) Motions. Non-dispositive motions shall be determined by the BPR Chair. Motions for summary judgment brought pursuant to Rule 56, W.R.Civ.P., shall be decided by the BPR as a whole, or by a panel of not less than three of its members. (b) Hearings before the BPR. Except as otherwise provided in these rules, hearings and all matters commencing with filing the formal charge shall be conducted in conformity with the Wyoming Rules of Civil Procedure, the Wyoming Rules of Evidence, and the practice in this state in the trial of civil cases; provided, however, that proof shall be by clear and convincing evidence, and provided further that the respondent may not be required to testify or to produce records over the respondent's objection if to do so would be in violation of the respondent's constitutional privilege against self-incrimination. (1) Within a reasonable time in advance of the hearing, the BPR shall be provided with a copy of the formal charge, the respondent's answer, stipulated exhibits and proposed findings of fact and conclusions of law, if such have been filed pursuant to a scheduling order. Additional documents may be provided to the BPR in advance of the hearing at the discretion of the BPR Chair. (2) The BPR shall arrange for a complete record, either by stenographic or electronic means, to be made of all evidentiary hearings held in disciplinary proceedings. The respondent may obtain a transcript of such record at the respondent's expense. At the time of ordering the transcript, the respondent shall make arrangements, satisfactory to the reporter, for payment of costs of the transcript. (3) At the hearing, the BPR shall first receive evidence regarding whether a violation of the Wyoming Rules of Professional Conduct occurred. When all evidence on that issue has been received, the BPR shall recess to determine whether a violation has been proved by clear and convincing evidence. (A) Evidence of prior discipline shall not be admitted in the first phase of the hearing except to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. (B) If the BPR determines by a majority of a quorum that a violation has not been proved by clear and convincing evidence, the BPR shall enter an order dismissing the formal charge. A copy of the order shall be served on Bar Counsel, complainant, respondent, and any counsel who represented respondent in the proceedings. An order of dismissal is not appealable. (C) If the BPR determines by a majority of a quorum that there has been a violation, the BPR shall then receive evidence of aggravating or mitigating circumstances before determining the appropriate discipline for the violation. Evidence of prior discipline against the respondent shall be admissible in the second phase of the hearing regarding the appropriate discipline to be ordered or recommended. (D) In imposing a sanction after a finding of misconduct by the respondent, the BPR shall consider the following factors, as enumerated in the ABA Standards for Imposing Lawyer Sanctions, which standards shall be applied by the BPR in determining the appropriate sanction: (i) Whether the lawyer has violated a duty owed to a client, to the public, to the legal system, or to the profession; (ii) Whether the lawyer acted intentionally, knowingly, or negligently; (iii) The amount of the actual or potential injury caused by the lawyer's misconduct; and (iv) The existence of any aggravating or mitigating factors. (E) If the BPR finds the charges have been proved by clear and convincing evidence, and that a private reprimand is warranted, it shall issue an order of private reprimand with its findings of fact, conclusions of law, and the discipline imposed. A copy of the order shall be served on Bar Counsel, complainant, respondent, and any counsel who represented respondent in the proceedings and shall include a description of any rights of appeal. (F) If the BPR finds the charges have been proved by clear and convincing evidence and that public censure, suspension or disbarment is warranted, it shall issue a report and recommendation with its findings of fact, conclusions of law, and recommended discipline and file such report with the clerk of the Court. The BPR may impose reasonable conditions thereon, including but not limited to those set forth in Rule 9(c)(2). A copy of such report shall be served on Bar Counsel, complainant, respondent, and any counsel who represented respondent in the proceedings. The Court shall act on the recommendation as it deems appropriate. (4) The BPR may announce its decision on the record at the conclusion of the hearing or may take the matter under advisement, provided that a decision shall be rendered within ten (10) days following conclusion of the hearing. The BPR's written order of private reprimand or report and recommendation shall be issued within thirty (30) days of the hearing. If the BPR allows the parties to submit post-hearing, proposed findings of fact and conclusions of law, the written order of private reprimand or report and recommendation shall be issued within thirty (30) days of the date such proposed findings of fact and conclusions of law are filed. (5) Hearing decorum. Proceedings before the BPR, like any proceeding before a tribunal, are formal occasions. All participating in the process are expected to conduct themselves in a manner consistent with the solemnity of the occasion. Off-the-record socializing between or among participants is not appropriate. The BPR Chair shall take such action as is necessary and appropriate to assure compliance with this rule. Wyo. R. State Bar, Att'y Cond. & Prac. 15
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.