Section 16 - Proceedings Before the Court (a) Jurisdiction. Review by the Court of an order of private reprimand by the BPR, or of the BPR's report and recommendation for a public censure, suspension, disbarment, order of reciprocal discipline, transfer to disability inactive status, or a denial of reinstatement shall be allowed as provided by these rules. (b) Standard of review. The BPR is an ancillary body structured by the Court and has no independent power, jurisdiction, or authority other than that specifically delegated to it in accordance with these rules. The Court will give due consideration to the findings and recommendations of the BPR, but the ultimate judgment in proceedings under these rules is vested in the Court. Accordingly, the Court will examine the evidence, make findings, determine whether there has been an infraction of the Wyoming Rules of Professional Conduct, and impose the discipline which the Court considers appropriate. (c) Appeals and objections -how taken. (1) Appeal from order of private reprimand. The respondent or Bar Counsel (in consultation with the ROC) may appeal an order of private reprimand issued by the BPR by filing a Petition for Review of Private Reprimand, which shall set forth the specific exceptions to the private reprimand. The petition shall be accompanied by a brief complying with W.R.A.P. 7.01 through 7.04. The petition and brief must be filed within thirty (30) days of service of the order of private reprimand. The opposing party may file a responsive brief within thirty (30) days of service of the petition. If the responsive brief raises a cross-appeal, the petitioner may file a reply to the cross appeal within twenty (20) days of service of the responsive brief. (2) Objections to report and recommendation for public discipline. The respondent or Bar Counsel (in consultation with the ROC) may object to a report and recommendation of the BPR for public censure, suspension or disbarment by filing 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 brief shall set forth the specific exceptions to the report and recommendation. The brief must be filed within thirty (30) days of service of the report and recommendation. The opposing party may file a responsive brief within thirty (30) days of service of the objecting party's brief. If the responsive brief raises a cross-appeal, the objecting partyt may file a reply to the cross appeal within twenty (20) days of service of the responsive brief. (3) Objections to report and recommendation in reinstatement proceedings, to transfer to disability inactive status, or for discipline pursuant to Rule 19 . The respondent or Bar Counsel (in consultation with the ROC) may object to a report and recommendation of the BPR regarding a petition for reinstatement, a petition for transfer to disability inactive status, or a formal charge brought pursuant to Rule 19 by filing 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 brief shall set forth the specific exceptions to the report and recommendation. The brief must be filed within thirty (30) days of service of the report and recommendation. The opposing party may file a responsive brief within twenty (20) days of service of the objecting party's brief. (4) Extensions. The Court may extend the time for filing of briefs for good cause shown. (5) If an appeal or objection is filed, the Court shall calendar the matter for such proceedings or argument as it may deem appropriate and shall thereafter enter its judgment. (d) Record on appeal. The record on appeal shall consist of all pleadings; all orders entered by the BPR or a Disciplinary Judge; the BPR's report and recommendation; all hearing transcripts and exhibits; and all other documents on file with the BPR Clerk. The record shall be properly paginated, fully indexed and bound for transmission to the Court. (e) No other evidence to be considered. During its review, the Court shall not receive or consider any evidence that was not presented to the BPR, except upon notice to the respondent and Bar Counsel and opportunity to respond. (f) Publication and Notice of Orders. The Clerk of the Court shall release for publication orders of disbarment, suspension, or transfer to disability inactive status, and shall promptly transmit such orders to all courts in this state. Wyo. R. State Bar, Att'y Cond. & Prac. 16
Adopted April 6, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.