R.P.J.C. 5

As amended through April 30, 2019
Rule 5 - Right to Counsel
A. Right to Counsel, Generally. The Respondent is entitled to be represented in all proceedings in Juvenile Court by counsel retained by him, his parent, or by counsel appointed pursuant to this Rule. An out-of-state attorney may enter his appearance and participate in a case only after having been admitted in accordance with Rule 8 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law, and Rule 104 of the Uniform Rules for the District Courts of the State ofWyoming (admission Pro Hac Vice). Once so admitted, his appearance and participation is limited by the restrictions of those rules.
B. Right to Counsel, Native American. In proceedings subject to the Indian Child Welfare Act, out-of-state attorneys must comply with Rule 5(A). However, in proceedings subject to the exclusive jurisdiction of the tribe pursuant to 25 U.S.C. § 1919, the tribe's attorney may appear for the limited purpose of requesting transfer of the matter to tribal court, without showing compliance with Rule 5(A). If necessary in all other cases, the tribe shall obtain local counsel.
C. Notice of Right. Respondent shall be served with written advice of the right to counsel with any order setting any initial hearing. Such notice shall advise of the availability of appointed counsel, and shall direct a juvenile, parent or guardian requesting counsel to obtain a financial affidavit and present it to the court at least five (5) days before the hearing. The notice shall also advise that failure to request counsel in advance may result in contempt sanctions and liability for costs resulting from delays.
D. Advisement of Right. At the initial hearing the court shall advise of the right to counsel as required by statute. A parent, guardian, or juvenile may waive counsel if the Court finds that such waiver is made in accordance with Wyo.Stat.Ann. § 7-6-107.

R.P.J.C. 5

Adopted February 9, 2007, effective July 1, 2007; amended effective May 13, 2014.