Rules and Procedures Governing Admission to the Practice of Law

General Information

  • Date Created: 05/20/1992
  • Date Effective: 07/01/1992

NOTE: On April 1, 2014, this rule will be repealed and revised.

Text of Rules

SECTION I
GENERAL PROVISIONS
 
Rule 100. Statutory authority; Definitions.
 
(a) These Rules are promulgated pursuant to W.S. §§ 33-5-101 et seq. As to applications for admission to the bar, generally, see W.S. § 33-5-104. As to qualifications of applicants, see W.S. § 33-5-105. As to entitlement to two examinations, certificate of admission and disposition of fees, see W.S. § 33-5-106. As to fraudulent applications as cause for revocation, see W.S. § 33-5-107.
 
(b) All references herein to the "Court," the "Board," the "Bar" and the "Committee" shall refer respectively to the Wyoming Supreme Court, the Wyoming State Board of Law Examiners, the Wyoming State Bar and the Character and Fitness Committee of the Wyoming State Board of Law Examiners, unless otherwise specifically provided.
 
(c) "NCBE" refers to the National Conference of Bar Examiners.
 
(d) "UBE" refers to the Uniform Bar Examination as developed by the NCBE.
 
(e) "MBE" refers to the Multistate Bar Examination component of the UBE.
 
(f) "MEE" refers to the Multistate Essay Examination component of the UBE.
 
(g) "MPT" refers to the Multistate Performance Test component of the UBE.
 
(h) "MPRE" refers to the Multistate Professional Responsibility Examination as developed by the NCBE.
 
(i) No person shall be admitted to the Bar who has not reached the age of majority.
 
(Amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 101. Board of Law Examiners.
 
(a) Pursuant to W.S. § 33-5-101, the Board of Law Examiners shall consist of five resident members of the Bar who are learned, experienced and of generally recognized ability and integrity and who have further completed five years in the active practice of law. The Court, with advice and recommendation from the president of the Bar, shall appoint all members for a term of three (3) years. No person appointed shall be permitted to serve for more than two (2) consecutive, full terms. Any vacancy created for whatever cause or reason shall be filled by appointment by the Court with advice of and recommendation from the president of the Bar. No more than one member shall be appointed from the same judicial district. Each member of the Board shall take and subscribe an oath to faithfully, carefully and impartially perform all of the duties imposed as a member of the Board, which oath shall be entered upon the minutes retained by the Bar on behalf of the Supreme Court. The Board shall designate a chair and a secretary from its membership, who, acting together, shall constitute an executive committee. Any action which may be taken by the Board, when the Board is not in session, and time is of the essence, may be taken by the executive committee, which shall promptly notify the members of the Board of such action. The action of the executive committee shall be subject to confirmation at the next regular meeting of the Board. The Board shall designate an Executive Secretary, who shall be the Executive Director of the Bar.
 
(b) Pursuant to W.S. § 33-5-102, the Board shall hold at least two regular meetings each year for the examination and review of all applicants, at times and places designated by the chair. Other meetings of the Board shall be called as necessary by the chair at such place or places as may be convenient. These other meetings may be conducted by telephone conference call. At all meetings, a majority of the Board shall constitute a quorum. Members of the Board are excused from court appearances in all courts of the State of Wyoming while in attendance at any meeting of the Board duly called by its chair provided reasonable and timely notice of such a meeting is conveyed to the appropriate court and to opposing counsel. It shall further be the duty of the Board to certify and recommend all applicants for admission to the Court. All petitions/applications for examination, admission on motion and for admission by UBE score transfer shall be filed with the Court and forwarded to the Board, which shall verify information on each applicant's petition, investigate each applicant's qualifications and conduct further proceedings described in Section IV as it deems necessary to determine character and fitness. Upon completing such examination and/or investigation described herein, the Board shall report its recommendations and findings to the Court in a timely manner.
 
(c) Pursuant to W.S. § 33-5-103, each member of the Board shall receive compensation, a per diem and mileage allowance as provided by law or as allowed by the Court. Expenses incurred by Board members shall be directly and individually submitted upon an itemized voucher to the Executive Secretary of the Board for proper verification and certification. Upon obtaining such a voucher and securing the appropriate certification, the Executive Secretary shall promptly submit the voucher and certification to the Court for payment from revenues earmarked for the Board.
 
(Amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 102. Character and Fitness Committee.
 
(a) To assist the Board in conducting such character and fitness investigation as it deems necessary, the Court may appoint a Character and Fitness Committee. The Committee shall consist of not less than three nor more than five active, resident members of the Bar. The Court, with advice and recommendation from the president of the Bar, shall appoint all members for a term of three (3) years. No person appointed shall be permitted to serve for more than two (2) consecutive, full terms. Any vacancy created for whatever cause or reason shall be filled by appointment by the Court with advice of and recommendation from the president of the Bar. From its members, the Committee shall select a Chair. Committee members shall serve without compensation except that they shall be reimbursed their actual expenses incurred in performing their duties and in attending Committee meetings, in accordance with Rule 101(c) of these Rules.
 
(b) The Committee shall investigate the character, fitness and moral qualifications of an applicant for admission upon the request of the Board. Upon receipt of such a request, accompanied by all information regarding the applicant as obtained by the Board, the Committee shall conduct such investigation as it deems necessary in order to report its recommendation to the Board.
 
(c) The Committee shall determine an applicant's character, fitness and moral qualifications in accordance with:
 
(1) The provisions of these Rules; and
 
(2) The applicable decisions of the Court and the Supreme Court of the United States.
 
(d) Upon completion of its investigation the Committee shall submit to the Board its written recommendation concerning the applicant's character, fitness and moral qualifications. The Board, in its discretion, may, in whole or in part, accept or reject any such recommendation, or remand any such recommendation to the Committee for such further investigation as shall be requested by the Board.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 103. Office of the Bar.
 
The office of the Bar shall serve as office of the Board and the Committee. It shall perform all administrative duties for the Board and the Committee, including the receipt of examination answers; assist in the investigation of applicants and their qualifications; and prepare minutes, proceedings, certifications and recommendations required of the Board and the Committee by state law and the Court. The Bar shall also draft and submit all budgets, vouchers and fiscal reports required by the State of Wyoming. The Bar shall also perform such other duties as may be requested by the Board or the Court.
 
(Amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 104. Records.
 
(a) The Bar shall maintain copies of records that are generated in the course of accepting and processing applications for admission. After the Board has submitted its report and recommendation to the Court, the Court shall maintain the original application and all supporting data.
 
(b) Information and documents obtained by the Board and the Committee during the application process shall be confidential, subject to the following exceptions:
 
(1) Information may be disclosed by the Board to the Committee, by the Committee to the Board, and may be disclosed to the applicant, the applicant's counsel, to anyone authorized by the applicant to receive such information, to a hearing officer appointed pursuant to these rules and to any counsel for the Board, or for the Committee;
 
(2) Information may be disclosed to the Court;
 
(3) Information provided by or obtained with respect to an applicant's fitness to practice law may be disclosed to the bar admissions authority of any United States jurisdiction where the applicant applies for admission to the practice of law;
 
(4) The name, address, date of birth, social security number and application status of each applicant may be furnished to the NCBE for dissemination to the bar admissions authority of any United States jurisdiction upon request;
 
(5) Information may also be released to the NCBE, Counsel for the Bar, any board or committee of the Bar and any board or committee of another state bar as the Board deems advisable; and
 
(6) Information and records may be disclosed as provided by order of the Court.
 
(Amended January 21, 2010, effective April 1, 2010; amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 105. Waivers.
 
The Board may, for good cause shown by clear and convincing evidence, waive any rule or approval required from the Board which relates to the admission to the practice of law in Wyoming; provided, however, the Board shall not waive filing fees nor shall the Board waive the required passing scores on the MPRE or UBE. The decision of the Board not to waive a rule may be appealed to the Court.
 
(Amended November 25, 2008, effective January 1, 2009; amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 106. Communications with Board Members.
 
All communications to or with the Board or any member thereof relating to pending applications for admission on motion or applications to take the bar examination or regarding the results thereof or eligibility for admission to the bar examination, and all communications with either the Board or any member thereof relating to waiver of any part of these Rules, whether by an applicant or by any person or agent acting for or on the behalf of an applicant, shall be transmitted through the office of the Bar unless otherwise directed in writing by the chair of the Board.
 
Rule 107. Filings.
 
All filings required to be made by routine application shall be filed with the Clerk of the Court. Additional information requested by the Board or the Committee in investigations of applicants shall be filed with the office of the Bar. An application shall be governed by the Rules and Procedures in effect at the time the application is filed with the Clerk of the Court.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 108. Immunity.
 
For any conduct or occurrence in the course of or arising out of performance of any official duties in connection with these rules, the Board, its Executive Secretary, its counsel, the Committee, its counsel and all employees, personnel and agents through whom the Board and/or Committee functions shall retain common law immunity applicable and enjoy any immunity granted to the fullest extent provided by law, including such judicial and prosecutorial immunities as the Court would enjoy if performing the same functions.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 109. Computation of Time.
 
In computing any period of time prescribed or allowed by these rules, or by order of the Court, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the filing of a paper, a day on which weather or other conditions have closed the recipient office, in which event the period runs until the end of the next day which is not one of the above-described days. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes any day officially recognized as a legal holiday in this state by designation of the legislature or appointment as a holiday by the Chief Justice of the Court.
 
(Amended August 27, 2014, effective October 1, 2014.)
SECTION II
APPLICATION FOR ADMISSION BY EXAMINATION
 
Rule 201. Applications for Examination.
 
(a) The UBE shall be administered in February and July of each year. An application to take the February administration of the UBE must be filed with the Clerk of the Court no later than the 15th day of November. An application to take the July administration of the UBE must be filed with the Clerk of the Court no later than the 15th day of April. Filing will not be measure by postmark dates. Faxes and emails will not be accepted.
 
(b) Applications to take the UBE shall be filed with the Clerk of the Court on a form prescribed by the Board and shall be accompanied by a fee established by the Board and the Court, together with a fee equal to the cost(s) of any credit or other report requested by the Board or the Committee. Further, evidence that the applicant meets the education requirements set forth in these rules must be submitted contemporaneously with the application, together with all supporting data and certification required of an applicant. The Board may require the payment of an additional fee for investigation, including but not limited to, the cost of any record or documents required by the Board or the Committee in the conduct of an investigation or inquiry concerning the applicant, the cost of the character report from the NCBE and the cost of the services of an investigator.
 
(c) An applicant who is unsuccessful on an examination, or who fails to take the examination, may request registration for the next UBE without paying an additional fee and without resubmitting evidence of meeting the educational requirements set forth in these rules. Thereafter, the applicant shall be required to reapply by following the procedure set forth in Rule 201(b), except that the applicant shall not be required to resubmit evidence of meeting the educational requirements set forth in these rules. Reapplications must be filed no later than the 1st day of June for the July examination, and the 2nd day of January for the February examination.
 
(Amended September 25, 2006, effective January 1, 2007; amended December 15, 2011, effective January 2, 2012; amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 202. Educational Requirements.
 
(a) The Board shall, before allowing an applicant to take the UBE, be satisfied that the applicant has satisfactorily completed the course of study prescribed by law; and the following information shall be submitted by an applicant:
 
(1) Certification from an American Bar Association accredited law school that it has awarded applicant a juris doctor (JD) or Bachelor of Letters of Law (LLB); or
 
(2) If the applicant is seeking admission after studying law in the office of a member of the Bar or a judge as provided in Wyo.Stat.Ann. § 33-5-105, the applicant must:
 
(A) before embarking upon such study, present the proposed course of study to the Board for approval;
 
(B) at its conclusion, certify and provide a certificate of completion from the supervising attorney or judge and such other evidence as the Board may request that the course, as approved, was completed; and
 
(C) provide certification from an American Bar Association accredited law school of satisfactory completion of the statutorily-prescribed period of study at such law school.
 
(b) Attendance and successful completion of classes and studies at an American Bar Association accredited law school during a school year of not less than eight months in a year shall be deemed a year's attendance in a law school; and in computing the period of study in an office, a vacation actually taken, not to exceed three months in each year, shall be allowed as part of each year.
 
(Amended May 6, 2014, effective May 6, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 203. Refunds.
 
Refunds of the UBE application fee will not be made in the event an applicant is found to be ineligible to take an examination. Refunds will not be made for withdrawal of an application, but may only be allowed by the Court upon motion and for good cause shown.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 204. [Reserved]
 
(Amended January 21, 2010, effective April 1, 2010; amended and effective December 14, 2012; amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 205. Oath of Applicant.
 
Each applicant shall, by taking the examination be deemed to have sworn the following with respect to each question: "I, being first duly sworn on my oath according to law, depose and state: that I had no information or knowledge in advance as to what questions would be submitted to me in my examination held before the Board of Law Examiners of the State of Wyoming and that I received no assistance during said examination from any person or persons, whatever, or by reference to any written or electronic material of any kind."
 
Applicants, at the discretion of the Board, may be required to sign and have notarized this oath in writing.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 206. Anonymity of Examinees.
 
Until after the grading process has been completed by the Board, the examination of each applicant shall be done in such a manner that the applicant's examination is not identifiable by name to the members of the Board or its Executive Secretary.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 207. Completing the MEE and MPT Components Using a Personal Computer.
 
Applicants may use a personal computer to type the MEE and MPT components of the UBE. In order to do so, an applicant must:
 
(1) Indicate the desire to use a personal computer to type the examination on the Application for Admission to the Wyoming State Bar;
 
(2) Supply a personal computer that meets the current requirements of the Board;
 
(3) Register and use examination software prescribed by the Board, according to instructions provided to applicant, including payment of any fees associated with use of the software; and
 
(4) Acknowledge the acceptance of any risk inherent to using electronics, including but not limited to power failure, software malfunction, and equipment failure.
 
(Amended March 21, 2006, effective July 1, 2006; amended December 15, 2011, effective January 2, 2012; amended August 27, 2014, effective October 1, 2014.)
 
Rule 208. Monitors.
 
The Board shall appoint a sufficient number of monitors to insure the examination is conducted in an orderly and expeditious manner and to insure no applicant gives or receives aid in taking the examination.
 
Rule 209. Misconduct by Applicants.
 
If, during an examination, the Board or its designee has brought to its attention conduct by an applicant which may violate the oath of applicant or any rule governing the examination, the Board or its designee shall cause an immediate investigation to be made. If the Board or its designee determines that an applicant has violated the oath of applicant or rules governing the examination, it shall immediately disqualify the applicant from the examination. Thereafter, the Board may consider whether the applicant's character and fitness is such that the applicant is capable of assuming the responsibilities of the practice of law. Any fraudulent act or presentation in connection with the application or examination shall be sufficient cause for the revocation of the order admitting the applicant to practice.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 210. Examination Accommodations.
 
(a) The Board encourages persons with disabilities to apply for test accommodations. Reasonable test accommodations will be made on the UBE for qualified applicants with disabilities. The UBE is a two-day timed examination designed to test the knowledge and skills necessary for one who seeks admission to the Bar.
 
(b) It is the policy of the Board to administer the bar examination and all other services of this office in accordance with the Americans with Disabilities Act, as amended (ADA). A qualified applicant with a disability who is otherwise eligible to take the bar examination, but who cannot demonstrate under standard testing conditions that he/she possesses the knowledge and skills to be admitted to the Bar, may request reasonable test accommodations.
 
(c) The Board will make reasonable modifications to any policies, practices, and procedures that might otherwise prevent individuals with disabilities from taking the bar examination in an accessible place or manner, provided such modifications do not result in a fundamental alteration to the examination or other admission requirements, impose an undue burden, or jeopardize examination security. In order to accommodate disabled persons, the Board will furnish additional testing time, auxiliary aids, and other accommodations when necessary to ameliorate the impact of the applicant’s disability on the applicant’s ability to take the bar examination. No additional charges will be assessed to individuals with disabilities to cover the costs of reasonable accommodations.
 
(d) Requests for test accommodations will be evaluated on a case-by-case basis. The applicant must submit documentation from one or more qualified professionals that provides information on the diagnosed impairment(s), the applicant’s current level of impairment, and the rationale for the accommodations requested on the bar examination. In addition, the applicant must submit verifying documentation of his or her history of accommodations, if any. All documentation will be retained by the Board and may be submitted to one or more qualified professionals for an impartial review. Accommodations granted elsewhere do not necessarily entitle an applicant to accommodations on the bar examination, although the Board gives considerable weight to documentation relating to past accommodations received in similar testing situations.
 
(e) Definitions.
 
(1) Disability is a physical or mental impairment that substantially limits one or more of the major life activities of the applicant. In the bar examination setting, the impairment must limit an applicant’s ability to demonstrate, under standard testing conditions, that the applicant possesses the knowledge, skills, and abilities tested on the bar examination.
 
(2) Physical impairment is a physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body's systems.
 
(3) Mental impairment is any mental or psychological disorder such as intellectual disability (formerly termed "mental retardation"), organic brain syndrome, emotional or mental illness, or any specific learning disability.
 
(4) Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
 
(5) Reasonable accommodation is an adjustment or modification of the standard testing conditions, or an appropriate auxiliary aid or service, that ameliorates the impact of the applicant’s disability without doing any of the following:
 
(A) fundamentally altering the nature of the UBE, including but not limited to compromising the validity or reliability of the examination;
 
(B) imposing an undue burden on the Board; or
 
(C) jeopardizing examination security.
 
(6) Qualified professional is a licensed physician, psychiatrist, psychologist, or other health care provider who has appropriate training in the field related to the applicant’s disability.
 
(f) Applying for test accommodations. All forms necessary to complete a request for special testing accommodations shall be obtained from the Bar's website, www.wyomingbar.org.
 
(1) Applicants with disabilities are subject to the same application deadline as individuals without disabilities. Because some of the accommodation request forms require input from third parties, the appropriate individuals should be asked to complete the forms well in advance of the deadline.
 
(2) Requests for accommodations will be considered after receipt of all required information. The Applicant Checklist, located in Section V of Form 1: Applicant Request for Test Accommodations, must be submitted with the application. The applicable items specified in the Applicant Checklist must be completed and received by the Clerk of the Court on or before the application filing deadline for the UBE the applicant wishes to take. A request for special test accommodations for re-examination shall be filed with the application for examination and by the deadline for filing that application.
 
(3) An applicant may file an emergency request for special testing accommodations after the time prescribed in the above section if all of the following conditions are met:
 
(A) The application to take the UBE was timely filed and complete in all other respects;
 
(B) At the time of filing the application to take the UBE, the applicant did not have the disability or was unaware of a disability that would necessitate special testing accommodations;
 
(C) After acquiring the disability, the applicant promptly submits a request for special testing accommodations on the forms required by the Board. An emergency request shall not be accepted fewer than seven days preceding the scheduled bar examination.
 
(g) Following receipt of a completed application for special testing accommodations, the Board will determine what accommodations are reasonable, if any. The Board may provide accommodations different from those requested by the applicant if the Board determines that the accommodations provided will effectively ameliorate the impact of the applicant's disability. The Board shall notify the applicant in writing of any reasonable accommodations the Board has determined to provide.
 
(h) If the Board determines that a request for special testing accommodations should be denied, the Board shall so inform the applicant in writing, which shall include a statement of the Board's reasons for denial.
 
(1) In reviewing an emergency request, the Board shall first determine whether the request qualifies as an emergency request under this policy. If it does not qualify as an emergency, the Board shall deny the request.
 
(2) The Board may deny an emergency request if it is not practicable in the time remaining before the examination:
 
(A) To arrange special accommodations that would provide testing conditions that are reasonable and comparable to those conditions provided to other applicants; or
 
(B) For the Board to take all steps reasonable and necessary for it to reach a fair determination on the merits of the request before the examination.
 
(i) The applicant may appeal the denial of a request for special testing accommodations. The appeal shall be filed with the Clerk of the Court within 15 days of the date of the notice of denial. The appeal shall be conducted on the basis of the record compiled before the Board, and the applicant shall be limited to a written argument in support of the appeal. The Board’s denial of an emergency request is not appealable.
 
(j) Within 10 days of the filing of an appeal, the Court shall affirm, reverse, or modify the Board's decision and prepare a written ruling with reasons for the decision. A copy of the ruling shall be sent to the Executive Secretary and to the applicant at the address provided by the applicant on the request. The decision on appeal shall be final.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 211. Passing Scores and Notification of Results.
 
(a) A passing score on the UBE is a scaled score of 270 total points or greater.
 
(1) The formula for determining the total UBE score is: MBE Scaled Score + MEE/MPT Scaled Score = UBE Total Scaled Score.
 
(2) Raw MBE scores (the number of questions correctly answered) are converted to scale scores by the NCBE by use of a formula designed to make scores comparable from one exam administration to another. The MBE is weighted as 50% of the UBE total score.
 
(3) The combined MEE/MPT raw scores are converted to scale scores by the NCBE by use of a formula designed to make scores comparable from one exam to another. The MEE and MPT are weighted together as 50% of the UBE total score, with the MEE worth 30% and the MPT worth 20%.
 
(b) A passing score on the MPRE is a scaled score of 85 points or greater. The passing score on the MPRE must be obtained not more than three years prior to or not more than one month after the exam administration in which an applicant obtains a passing score on the UBE.
 
(c) The Board shall notify the Court of the results of the examination upon completion of grading and the scaling process by the NCBE and after receipt of results from the MPRE.
 
(d) The Court shall notify each applicant of the applicant's scores as promptly as feasible following receipt of the Board's recommendation regarding the application for admission.
 
(e) Applicant scores shall not be disclosed to any person other than the applicant except that:
 
(1) Upon written request of an applicant, the Board may disclose the applicant's scale UBE scores to the bar examining authority of any United States jurisdiction;
 
(2) The Board may compile and disseminate passage rate reports as directed or approved by the Court;
 
(3) Upon request, the Board shall provide to the NCBE and the dean of the applicant's law school, or his/her designee, statistical detail for each applicant taking the UBE in Wyoming. This statistical detail shall include: applicant name, pass/fail status on the UBE, and the number of times the applicant has taken the UBE in Wyoming. The applicant's law school shall maintain the confidential nature of the exam information except for release of aggregated exam statistics for ABA-accreditation purposes.
 
(Amended and effective December 14, 2012; amended August 27, 2014, effective October 1, 2014.)
 
Rule 212. Review of Examination Answers.
 
An applicant who fails the exam may inspect the applicant's answers along with a copy of the MEE and MPT examinations and the model answer following the exam at the office of the Bar for as long as they are available. Any other review of examination answers shall be subject to NCBE rules.
 
(Amended and effective December 14, 2012; amended August 27, 2014, effective October 1, 2014.)
SECTION III
APPLICATION FOR ADMISSION ON MOTION OR BY TRANSFER OF UBE SCORE
 
Rule 301. General Provision.
 
The Board may recommend to the Court admission without examination in Wyoming of those attorneys who satisfy the criteria set forth in this section.
 
(Amended and effective December 14, 2012; amended August 27, 2014, effective October 1, 2014.)
 
Rule 302. Eligibility for Admission on Motion.
 
At the discretion of the Court, and upon the submission of (1) the application(s) required by the Board certifying the qualifications of eligibility listed below, (2) all supporting data, and (3) the necessary fees, admission may be granted to an applicant who:
 
(a) Has been awarded a juris doctor (JD) or Bachelor of Letters of Law (LLB) by a law school approved by the American Bar Association; and who
 
(b) Is not now nor ever has been admitted to the practice of law in Wyoming or, if previously admitted, one whose membership was withdrawn; and who:
 
(c) Has been admitted to practice as an attorney in the highest court in any state, territory or district of the United States by passing a written examination as required by such other state, territory or district; and who
 
(d) Has not been denied on motion to practice law in Wyoming or been allowed to withdraw an application due to questions raised by the Board on character and fitness within the last two years; and who
 
(e) Has not previously engaged in the unauthorized practice of law; and who
 
(f) Has engaged in the active, authorized practice of law for a minimum of 300 hours per year for five of the seven years immediately preceding the date of application, in a jurisdiction that grants bar admission without examination to attorneys licensed in Wyoming on the basis of practice in Wyoming; and who
 
(g) Has shown that the applicant has met all such other requirements as may be appropriately prescribed by the Board to demonstrate qualification, character and fitness to practice law; and who
 
(h) Is currently a member in good standing in all jurisdictions where admitted.
 
(Amended March 21, 2006, effective July 1, 2006; amended and effective October 30, 2012; amended January 21, 2014, effective January 21, 2014; amended May 6, 2014, effective May 6, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 303. Definitions of the Active, Authorized Practice of Law.
 
(a) For purposes of this section, the "active, authorized practice of law" shall refer to the following sectors of practice:
 
(1) As a significant and primary occupation, serving as an attorney for fees or payment from one or more clients, including individuals, legal service programs, trusts, partnerships and non-governmental corporations;
 
(2) Serving as an attorney in governmental employment in the law offices of the executive, legislative or judicial departments of the United States, including the independent agencies thereof, or of any state, political subdivision of the state, territory, special district or municipality of the United States, provided that graduation from an ABA-accredited law school is a required qualification of such employment;
 
(3) Teaching, as a full-time faculty member, a law course or courses at one or more ABA-accredited law schools in the United States, its territories or districts;
 
(4) Serving as a judge in a court of the United States, a court of a state, territory or district of the United States, provided such employment is available only to licensed attorneys who have graduated from an ABA-accredited law school.
 
(b) For the purposes of this section, the "active, authorized practice of law" shall consist of the following primary duties:
 
(1) Furnishing legal counsel;
 
(2) Drafting legal documents and pleadings;
 
(3) Interpreting and giving advice regarding the law and legal issues; and
 
(4) Preparing, trying or presenting cases before courts, departments of government, bureaus or administrative agencies.
 
(c) Each applicant for admission under this rule shall establish to the satisfaction of the Board that the applicant has engaged in the active, authorized practice of law for five of the seven years immediately preceding the date of application.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 304. Applications for Admission on Motion, Fees and Filing Deadlines.
 
(a) All applicants for admission on motion shall complete an application prescribed by the Board and shall submit to a character investigation performed by or for the NCBE.
 
(b) The application prescribed by the Board shall be submitted with all supporting data required by the Board to determine eligibility under Rule 302, above. Supporting data to the application shall include the following:
 
(1) A certificate of good standing from the highest court for each jurisdiction in which the applicant is admitted to practice law;
 
(2) One of the following:
 
(i) A Certificate by a judge or hearing officer of a tribunal of record of such other state, territory or district before which the applicant has practiced law; or
 
(ii) A Certificate by a member in good standing of the Bar of the State of Wyoming for at least 10 continuous years that the applicant is a person of good character and reputation, and competent legal ability; or
 
(iii) Two Certificates from any officer of a court in the applicant’s current resident bar, provided that no such Certificate shall be submitted by any family member or client of the applicant, or by any two individuals within the same firm.
 
As used in subparts (i), (ii) and (iii) of this Rule, a "Certificate" shall be a sworn statement which shall include, at a minimum, the maker's acquaintance with the applicant, the facts and circumstances of such acquaintance, and a positive and unqualified statement that the applicant is a worthy, fit and proper person to perform and accept the obligations and responsibilities of a member of the Bar. Such Certificate shall be in a form and content approved by the Board.
 
(3) Evidence of compliance with the Continuing Legal Education requirements of all jurisdictions in which the applicant is admitted to practice law, if applicable; and
 
(4) An authorization and release form; and
 
(5) Proof the applicant has passed the MPRE with a scaled score of 85 points or greater.
 
(c) The Board shall, in each case, give consideration to such certificates of moral character it has required along with the character report by the NCBE and shall, either directly or indirectly or through the Committee, make independent inquiry and investigation as to the applicant's moral character and fitness to be a member of the Bar. The Board may, either directly or through the Committee, at its discretion, hold further proceedings with the applicant as described in Section IV and shall thereafter report to the Court the results of its findings, together with its recommendation. The Court may on its own motion make such further inquiry and investigation as it deems proper.
 
(d) Applications for admission on motion shall be accompanied by a fee established by the Board and the Court and, in addition, the fee required to obtain a Character Report from the NCBE. Refunds will not be made for withdrawal of an application, but may only be allowed by the Court upon motion and for good cause shown. Additional investigation fees may be required by the Board, including but not limited to, the expenses necessary for the Board and/or the Committee to obtain records and documents and the fee necessary to pay the services of an investigator, if deemed of assistance to the Board and/or Committee.
 
(e) Completed applications are to be filed with the Clerk of the Court. Incomplete applications will not accepted for filing.
 
(Amended September 25, 2006, effective January 1, 2007; amended and effective October 30, 2012; amended January 21, 2014, effective January 21, 2014; amended May 6, 2014, effective May 6, 2014; amended August 27, 2014, effective October 1, 2014.)
 
Rule 305. Applications for Admission by Transfer of UBE Score.
 
(a) UBE transfer applicants are those applicants who have taken the UBE in another jurisdiction. It is the applicant's sole responsibility to contact the NCBE to initiate steps for the transfer of the applicant's UBE score.
 
(b) Eligibility. A UBE transfer applicant may be admitted without further examination if the applicant earned a passing score on the UBE and the MPRE at an examination that was conducted less than three years prior to application for admission. A score is considered to have been earned on the date of administration of the UBE that resulted in the score.The UBE transfer applicant must also meet the eligibility requirements contained in Rule 302(a), (b), (d), (e), (g) and (h).
 
(c) All UBE transfer applicants shall complete an application prescribed by the Board and shall submit to a character investigation performed by or for the NCBE.
 
(d) The application prescribed by the Board shall be submitted with all supporting data required by the Board to determine eligibility under this rule. Supporting data shall include proof the applicant:
 
(1) Has obtained a scaled score of 85 points or greater on the MPRE; and
 
(2) Has obtained a scaled score of 270 total points or greater on the UBE. An applicant for admission by UBE score transfer must sit for the entire UBE in the same exam administration to earn a portable UBE score. Wyoming does not accept MBE score transfers from other jurisdictions or from previous examinations for purposes of waiving the MBE portion of the exam.
 
(Amended January 21, 2010, effective April 1, 2010; amended December 15, 2011, effective January 2, 2012; amended January 21, 2014, effective January 21, 2014; amended August 27, 2014, effective October 1, 2014.)
SECTION IV
CHARACTER AND FITNESS OF BAR APPLICANTS
 
Rule 401. Character and Fitness.
 
(a) Every applicant must produce satisfactory evidence of good moral character and an adequate knowledge of the standards and ideals of the profession and that such person is otherwise fit to practice law within the State of Wyoming. The applicant shall have the burden of proving that the applicant is possessed of good moral character and is fit to practice law. The primary purposes of character and fitness screening before admission to the Bar are to assure the protection of the public and safeguard the justice system. The Board shall not recommend an applicant be admitted to practice law if the Board believes that such applicant would, if admitted to practice law in Wyoming, be unable or unwilling to act in accordance with the standards set forth in the Wyoming Rules of Professional Conduct, and to act fairly, honestly, reasonably and with unquestionable integrity in all matters in which he or she acts as an attorney at law.
 
(b) The following may be treated as cause for non-recommendation or for further inquiry before the Committee determines whether the applicant possesses the character and fitness to practice law:
 
(1) Unlawful conduct;
 
(2) Academic misconduct;
 
(3) Making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the application for admission to the Bar, or any amendment, or in any testimony or sworn statement submitted to the Board or the Committee;
 
(4) Misconduct in employment;
 
(5) Acts involving dishonesty, fraud, deceit or misrepresentation;
 
(6) Abuse of legal process;
 
(7) Neglect of financial responsibilities;
 
(8) Neglect of professional obligations;
 
(9) Violation of an order of a court;
 
(10) Evidence of mental or emotional instability;
 
(11) Evidence of drug or alcohol dependency;
 
(12) Denial of admission to the bar in another jurisdiction on character and fitness grounds;
 
(13) Disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction;
 
(14) Any other conduct which reflects adversely upon the character and fitness of the applicant.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 402. Investigation of Applicants.
 
(a) Prior to the Board’s recommendation to the Court that an applicant be admitted to practice law in Wyoming, the Committee shall make such investigation as it deems necessary into the applicant's character and fitness to practice law. Each applicant shall provide written authorization for such investigation, and each applicant shall authorize all persons with information about the applicant to furnish the Committee with such information and documents as it may request. The authority granted by an applicant shall expire upon the applicant's admission to the practice of law in Wyoming, denial of the application, or upon the applicant's written withdrawal of the application.
 
(b) The Committee may contact all persons who may have information which the Committee believes may be relevant to the determination of the applicant's character and fitness to practice law.
 
(c) To supplement the character report of the NCBE for applicants for admission the Committee may contact persons listed as references on an applicant's character report, persons providing requisite certification of character and fitness, an applicant's previous employer(s) or such other persons as may offer relevant information regarding the applicant's ability and fitness to assume the duties and responsibilities of a member of the Bar.
 
(d) The Committee may request additional information from an applicant and may request an applicant to appear before the Committee in person or otherwise prior to the Committee’s determination on the applicant’s character and fitness to practice law. An application will be deemed withdrawn if the applicant fails to provide additional information or to appear before the Committee within 60 days of the Committee’s request, unless a longer response time is allowed the applicant.
 
(e) In making the determination on character and fitness of each applicant, the following factors should be considered in assigning weight and significance to prior conduct of the applicant:
 
(1) The applicant's age at the time of the conduct;
 
(2) The recency of the conduct;
 
(3) The reliability of the information;
 
(4) The seriousness of the conduct;
 
(5) The factors underlying the conduct;
 
(6) The cumulative effect of the conduct or information;
 
(7) The evidence of rehabilitation;
 
(8) The applicant's positive social contributions since the conduct;
 
(9) The applicant's candor in the admissions process;
 
(10) The materiality of any omissions or misrepresentations.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 403. Committee’s Determination, Permissive Withdrawal of Applications, Reapplication.
 
(a) If following its investigation the Committee determines that an applicant possesses the necessary character and fitness to practice law it shall so inform the Board.
 
(b) If following its investigation the Committee determines that the applicant does not possess the necessary character and fitness to practice law, it shall promptly notify the applicant of its determination. Such notice shall be sent to the applicant by certified mail, return receipt requested, and to the applicant's counsel, if any. A copy of the notice shall be provided to the Board.
 
(c) Upon written request an applicant may withdraw his/her application before a final recommendation on such application has been filed by the Board with the Court. In the event of a reapplication, any information obtained from any previous filing may be considered by the Board and the Committee.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 404. Request for Hearing.
 
(a) The applicant shall have the right to file with the Board a written request for hearing within 30 days after receipt of the notice described in Rule 403. Failure to file a timely request for hearing shall constitute a waiver of any right to hearing, and the applicant shall be deemed to have abandoned the application.
 
(b) Following receipt by the Board of a request for a hearing the applicant shall have thirty (30) days in which to review the information before the Committee in reaching its determination. Such review shall be made at the Bar office. No copies may be made and no notes may be taken.
 
(c) The Board shall notify the applicant and the Committee of the date, time and place of the hearing.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 405. Procedure for Conduct of Formal Hearings.
 
At the hearing, the applicant shall have the burden of proving his/her character and fitness to practice law by clear and convincing evidence. Neither the Wyoming Rules of Civil Procedure nor the Wyoming Rules of Evidence shall apply.
 
(a) Pleadings. - The docket for all hearings before the Board shall be maintained at the office of the Bar. All original pleadings shall be filed with the Executive Director of the Bar. The form, style and content of all pleadings shall be: "In The Matter of An Application Before The Board".
 
(b) Service of Notice or Any Other Pleading. - All pleadings or other notices shall be served upon the Board and the Committee by delivery of duplicate copies of such pleadings to the Executive Director of the Bar by personal service or by U.S. mail. Service of any pleading or other notice upon an applicant or the applicant’s attorney shall be by personal service or by U.S. mail.
 
(c) Conduct of Formal Hearings. –
 
(1) A stenographic record of the hearing shall be made with all testimony being received under oath. The hearing record shall include the information before the Committee in reaching its determination.
 
(2) The applicant shall have the right to be represented by counsel and shall have the right to call witnesses, introduce exhibits and cross-examine witnesses called by the Committee.
 
(3) The Committee shall be represented by Bar Counsel, who shall have the right to call witnesses, introduce exhibits and cross-examine witnesses called by the applicant.
 
(d) Findings and Conclusions. –
 
The Board's final decision as to the hearing shall be in writing and filed with the Court. If the Board recommends against admission, it shall make separate Findings of Fact and Conclusions of Law. The Board's final decision shall be mailed to the applicant at the applicant's last known address by certified mail, return receipt requested, and a copy shall be mailed to the applicant's attorney of record, if applicable.
 
(e) Appeals. An applicant may file a response with the Court to a final decision of the Board which recommends against admission within fifteen (15) days of service of the final decision on the applicant. The applicant shall serve a copy of such response upon the Executive Director.
 
(1) A response shall state explicit reasons for the exceptions to the final decision together with a brief prepared in accordance with Rule 7.01, W.R.A.P.
 
(2) The applicant may file a statement that the applicant does not wish to file exceptions to the report.
 
(3) If the applicant files a statement that the applicant does not wish to file exceptions to the report or if the applicant fails to respond, the Court shall proceed with such action on the final decision as it may determine to be appropriate.
 
(4) If the applicant files proper exceptions, the Court shall calendar the matter for such briefs or argument as it may deem appropriate and shall thereafter enter its judgment. The Court shall not receive or consider any evidence that was not presented to the Board.
 
(Amended August 27, 2014, effective October 1, 2014.)
 
Rule 406. Reapplication after Denial.
 
The Board shall not accept a new application from an applicant who has received a recommendation of denial based on the applicant's fitness to practice law until two years have elapsed from of the date a tentative order of denial becomes final, a final decision is issued after a hearing and not appealed, or a final decision is affirmed by the Court, the latest of which date is applicable.
SECTION V
ADMISSION TO PRACTICE
 
Rule 501. Certification of Eligibility for Admission to the Bar.
 
Subject to the provisions of Rule 503, upon an applicant's satisfactory completion of the application process and provided that the applicant is certified to have the requisite character and fitness to practice law and the applicant has met all of the requirements of these rules, the Board shall certify its recommendation to the Court that the applicant is eligible for admission to the practice of law. Certification may be in such form as the Board prescribes, including a letter, bearing the signature of the Chair or someone delegated by the Chair, provided that person is a member of the Board or the Executive Secretary to the Board.
 
(Added August 27, 2014, effective October 1, 2014.)
 
Rule 502. Duty of the Court After Receiving Certification of the Board.
 
Subject to the provisions of Rule 503, the Court, upon receiving the Board's certification that an applicant is eligible for admission to the Bar, shall enter an order in substantially the following form:
 
"In the Matter of Admission of _________________________________ to the Wyoming State Bar. It appearing that heretofore on the _____ day of _____ , (year), the State Board of Law Examiners filed its report recommending that the above-named applicants, having met the requirements prescribed by law, are persons of good moral character, and of legal age; and it further appearing to the Wyoming Supreme Court that said report should be approved and that the applicants possess the qualifications required by law, are persons of good moral character, and of legal age; it is ORDERED that said applicants be and hereby are, admitted to practice as attorneys and counselors at law in all of the courts of this state upon taking the oath prescribed by the court and with the filing of said oath with the Clerk of the Wyoming Supreme Court.
 
DATED this ____ day of _________, ____ by the Chief Justice, Wyoming Supreme Court."
 
(Added August 27, 2014, effective October 1, 2014.)
 
Rule 503. Conditional Admission.
 
(a) Conditional Admission. An applicant who satisfies the essential eligibility requirements for admission to practice law and currently satisfies character and fitness requirements except that he or she is engaged in a sustained and effective course of treatment for or remediation of:
 
(1) substance abuse or dependence;
 
(2) a diagnosed mental, behavioral or physical impairment that, should it reoccur, would likely impair the applicant’s ability to practice law or pose a threat to the public; or
 
(3) neglect of financial affairs, may be admitted to practice law conditioned upon the applicant’s compliance with appropriate post-admission requirements.
 
(b) Procedure. The Committee shall make conditional admission recommendations to the Board. The Board shall make recommendations to the Court. Those recommendations shall include recommended relevant conditions that an applicant must comply with during the period of conditional admission. The Court may grant conditional admission based upon conditions the Court determines appropriate under the circumstances.
 
(1) Before the Court grants conditional admission, the applicant will enter into a Monitoring Agreement setting forth the requirements with which the applicant must comply during the period of conditional admission.
 
(2) Once the Monitoring Agreement has been executed and submitted to the Court, the Court may enter an order admitting the applicant. The order admitting the applicant will not indicate that the admission is conditional or different in any respect from orders admitting other applicants.
 
(c) Conditions. The Committee and the Board may recommend, and the Court may order, that an applicant’s admission be conditioned on the applicant’s complying with requirements that are designed to detect and address behavior that could render the applicant unfit to practice law and to protect clients and the public. Conditions may include the following: alcohol, drug or mental health treatment; medical, psychological or psychiatric care; participation in group therapy or support; random chemical screening; monitoring, supervision or mentoring; or other conditions deemed appropriate by the Committee, Board or Court. The conditions shall be tailored to detect and address recurrence of the conduct or behavior which could render an applicant unfit to practice law or pose a risk to clients or the public and to encourage continued abstinence, treatment or other support. The conditions should be established on the basis of clinical or other appropriate evaluations, take into consideration the recommendations of qualified professionals, when appropriate, and protect the privacy interests of the conditionally admitted attorney in professional treatment records to the extent possible. The conditions shall be set forth in a Monitoring Agreement signed by the applicant, which shall be made a part of the conditionally admitted attorney’s application file and shall remain confidential, except as provided in this and any other applicable rules.
 
(d) Length of Conditional Admission. The initial conditional admission period as established in the Monitoring Agreement shall not exceed sixty months.
 
(e) Compliance with Monitoring Agreement. During the conditional admission period, the Committee shall take such action as is necessary to monitor compliance with the terms of the Monitoring Agreement, including requiring an appearance before the Committee and requiring responses to requests for information by the Committee.
 
(f) Failure to Fulfill the Terms of Conditional Admission. Failure of a conditionally admitted attorney to fulfill the terms of a Monitoring Agreement may result in modification of the agreement, including extension of the period of conditional admission, suspension or termination of the conditional admission or such other action as may be appropriate under these Rules.
 
(g) Violation of Monitoring Agreement. Incidents of non-compliance with the Monitoring Agreement will be reported by the Committee to the Board. If the Board determines that the requirements of the Monitoring Agreement have been violated and the violation is material, the Board shall cause Bar Counsel to initiate proceedings to determine whether the conditional admission should be terminated, extended or modified.
 
(h) Termination. The Bar may petition the Court for an order to show cause why the conditionally admitted attorney’s membership should not be terminated. If a petition is filed:
 
(1) The Court shall examine the petition and determine whether a prima facie showing of a violation of the Monitoring Agreement has been demonstrated. If the Court determines that such a showing has been made, it shall immediately suspend the conditionally admitted attorney and issue an order to show cause why the conditionally admitted attorney’s membership should not be terminated.
 
(2) A suspended attorney shall comply with the requirements of suspended attorneys.
 
(3) The conditionally admitted attorney may file a verified response to the order to show cause, in which case the Court shall assign the matter to the Board for hearing and recommendation.
 
(4) Following the hearing, the Board may recommend, and the Court may order, the conditional admission be extended or modified or that the conditionally admitted attorney’s membership be terminated.
 
(5) The hearing shall be conducted as provided in Rule 405.
 
(i) Expiration of Monitoring Agreement.
 
(1) Unless the conditional admission is terminated or extended or a petition to terminate for a violation of a Monitoring Agreement is pending, the conditions imposed by the Monitoring Agreement shall expire upon completion of the period of conditional admission.
 
(2) In such case, the Board shall notify the Court that the conditionally admitted attorney has complied with all requirements of the Monitoring Agreement and that the terms of conditional admission have been satisfied.
 
(j) Confidentiality. Except as otherwise provided herein, and unless the Court orders otherwise, the fact that an individual is conditionally admitted and the terms of the Monitoring Agreement shall be confidential, provided that the applicant shall disclose the terms of the applicant’s conditional admission to the admissions authority in any jurisdiction where the applicant applies for admission to practice law. These provisions for confidentiality shall not prohibit or restrict the ability of the applicant to disclose to third parties that the applicant has been conditionally admitted under this rule, nor prohibit requiring third-party verification of compliance with terms of conditional admission by admission authorities in jurisdictions to which the conditionally admitted attorney may subsequently apply.
 
(Added August 27, 2014, effective October 1, 2014.)
 
Rule 504. Attorney's Oath Form; Entry on Minutes; Time Limit on Admission.
 
(a) Pursuant to W.S. § 33-5-112, following the order of the Court admitting the applicant to the Bar with authority to practice as an attorney and counselor at law in the Court and all courts of the State of Wyoming, the candidate shall make the following oath:
 
"I, __________________, do solemnly swear that I will support, obey and defend the Constitution of the United States and the Constitution and laws of the State of Wyoming, and that I will faithfully and honestly and to the best of my ability discharge the duties of an Attorney and Counselor at Law."
 
The oath may be administered by the clerk or any of the justices of the Court, or by a clerk or any judge of a Wyoming district court. If the applicant resides outside the state, the oath may be administered by any judicial officer (i.e., judge or court clerk) authorized to administer oaths.
 
(b) The completed original attorney's oath must be filed with the Clerk of the Court no more than ninety days after the date of the Court's order admitting the applicant to the Bar. Except as provided below, failure to timely satisfy the provision of this rule shall require an applicant to recommence the application process including a new application, payment of fees, a character and fitness investigation and retaking of the Bar Examination, if applicable.
 
(c) An applicant who fails to take and file the oath within ninety days from the date of the Court’s order may, for up to 12 months from the date of the Court’s order admitting the applicant to the Bar, file an affidavit with the Board explaining the cause of the delay. Upon consideration of the affidavit, the Board may, for good cause shown, recommend to the Court that the applicant be permitted to file the oath late or recommend to the Court that the applicant not be permitted to file the oath late.
 
(Added August 27, 2014, effective October 1, 2014.)
 
Rule 505. New Admittees – Mandatory Continuing Legal Education.
 
(a) Each new admittee to the Bar shall complete, within 12 months of the date of admission, a six-hour continuing legal education course. The course shall be conducted by the Bar and shall be available at least three times a year, at such times and places as the Bar may designate. No other course or courses may be used to satisfy the requirements of this subsection. The course shall include the following:
 
(1) General procedures, with focus on Professional Conduct Rules 1.1 (competence), 1.3 (diligence), 1.4 (communication), 1.5 (fees), 1.7, 1.8 and 1.9 (conflicts of interest) and 1.15 (safeguarding property); courtroom professionalism, civility, and other litigation-related matters; and the function of the Bar and Bar Committees including the Wyoming Lawyer Assistance Program. 3.0 hours; and
 
(2) A course on Wyoming specific law, which shall be developed under the authority of the Board of Law Examiners. 3.0 hours.
 
(b) The continuing legal education hours required of new admittees as described in this Rule shall also qualify as continuing legal education that may be required by the Rules of the Wyoming State Board of Continuing Legal Education.
 
(c) If a new admittee does not complete the continuing legal education course required by this rule within 12 months of the date of admission, the Wyoming State Bar shall forward a Recommendation for Suspension for Noncompliance with the new admittee continuing legal education requirement to the Court.
 
(d) Upon receipt of the Recommendation for Suspension for Noncompliance with the continuing legal education requirement, the Court shall issue an Order to Show Cause as to why the new admittee’s license to practice law in the State of Wyoming should not be suspended, sent by certified mail, return receipt requested, addressed to the new admittee at the official address listed with the Wyoming State Bar. The new admittee may file a response with the Court within 30 days of the date of the order to show cause by filing an original and six copies of such response with the clerk of the Court. The new admittee shall also serve a copy of the response on the Board of Law Examiners, together with a $300.00 noncompliance fee payable to that Wyoming State Bar.
 
(e) In the absence of good cause shown, an order of suspension from the practice of law for a period of one (1) year shall issue from the Court.
 
(1) Within 15 days of the date of an order of suspension, the suspended attorney shall notify the following persons by registered or certified mail, return receipt requested, of the attorney's suspension and the attorney's consequent inability to act as an attorney after the effective date of the suspension:
 
(A) All clients with pending matters in the State of Wyoming. The attorney shall advise clients to seek legal advice elsewhere and to obtain another attorney for litigated matters or administrative proceedings in the State of Wyoming.
 
(B) Any co-counsel who is involved in litigated matters or administrative proceedings in the State of Wyoming.
 
(C) The attorney for each adverse party or, in the absence of such counsel, the adverse party or parties in litigated matters or administrative proceedings in the State of Wyoming. The notice to parties shall state the place of residence of the client of the suspended attorney.
 
(D) All courts or administrative bodies in which the attorney has matters pending in the State of Wyoming.
 
(2) If an attorney has not filed a petition for reinstatement within six months from the date of the order, the attorney shall within 15 days deliver to all present and former clients all client files.
 
(3) A suspended attorney shall notify the client of all deadlines and scheduled court dates.
 
(4) A suspended attorney, after entry of the suspension order, shall not accept any new legal matters in the State of Wyoming. During the period from the entry date of the order to its effective date, the attorney may wind up and complete, on behalf of any client, all matters which were pending on the entry date.
 
(5) A suspended attorney shall return any unearned fees.
 
(6) Within 30 days after the effective date of the suspension order, the suspended attorney shall file with the Court and Board an affidavit showing that the attorney has fully complied with the provisions of the order and with this rule and stating the address where communications may thereafter be directed.
 
(7) A suspended attorney shall maintain records of the steps taken to comply with this rule.
 
(8) The provisions of this section are deemed to be incorporated into all orders of suspension. Failure to comply with any requirement of this section is punishable as contempt.
 
(f) Reinstatement. The suspended attorney may be reinstated upon the filing of a petition for reinstatement within one (1) year of the date of the order of suspension, which petition shall be filed, along with six copies, with the Supreme Court. A copy of the petition shall also be provided to the Board of Law Examiners. The petition shall be supported by an affidavit which shows: (1) that all past annual license fees, the current year's annual license fee and any late charges have been paid in full, in addition to all past and current annual fees for continuing legal education; (2) that the attorney is current on all mandatory continuing legal education requirements; (3) that there have been no claims or awards made in regard to an attorney on the client's security fund for which the fund has not been reimbursed; and (4) the attorney has complied with all other applicable conditions for reinstatement. The petition shall be accompanied by all appropriate fees for applicants for admission on motion. A response by the Board of Law Examiners may be filed within twenty (20) days of the date of service of the petition for reinstatement. If an attorney who is suspended from the practice of law non-compliance with the requirements of this rule has not petitioned for reinstatement within one (1) year of the date of the order of suspension, such attorney's membership in the Wyoming State Bar shall be terminated by order of the Court. Such attorney who thereafter seeks admission to the Wyoming State Bar shall comply with the admissions requirements set forth in these rules.
 
(Added August 27, 2014, effective October 1, 2014.)

Revision / Amendment History

Order

Date Signed

Effective Date

08/27/2014

10/01/2014

05/06/2014

05/06/2014

01/21/2014

01/21/2014

12/14/2012

12/14/2012

10/30/2012

10/30/2012

09/05/2012

09/05/2012

12/15/2011

01/02/2012

07/06/2011

08/01/2011

01/21/2010

04/01/2010

11/25/2008

01/01/2009

09/25/2006

01/01/2007

03/21/2006

07/01/2006

02/16/2005

02/16/2005

06/23/2003

09/01/2003

11/24/1997

03/04/1998

11/14/1996

02/01/1997

04/23/1996

04/23/1996

10/05/1992

12/04/1992

05/20/1992

07/01/1992