WYOMING COURT RULES ANNOTATED
Copyright 2000 by The State of Wyoming
*** THIS DOCUMENT REFLECTS CHANGES RECEIVED THROUGH AUG. 14, 2000 ***
*** ANNOTATIONS CURRENT THROUGH JUNE 28, 2000 ***
DISCIPLINARY CODE FOR THE WYOMING STATE BAR
Wyo. Bar Discip. Rule XXII
(2000)
Review Court Orders which may amend this Rule
Rule XXII.
Reinstatement.
(a) A person who has been disbarred after hearing or by consent may not apply
for
reinstatement until the expiration of at least five (5) years from the effective date of the
disbarment.
(b) An
attorney who has been suspended for six (6) months or less shall be reinstated
automatically upon expiration of the period of suspension and the filing of an
affidavit with the court, a copy of which shall be served upon the board that
the
attorney has complied with all applicable discipline or disability orders and rules.
(c) An
attorney who has been suspended for a specific period of greater than six (6) months
may not move for
reinstatement until the expiration of at least one-half (1/2) of the period specified in the
order of suspension.
(d) A person who has been suspended indefinitely due to disability under the
provisions of Rule XVII may move for
reinstatement upon clear and convincing evidence that the
disability has been terminated and that the person is once again fit to resume
the practice of law, provided, however, that in the event a motion for
reinstatement is denied, no further motion for
reinstatement may be made until the expiration of at least one (1) year following the denial
unless another period for renewing the motion for
reinstatement is specified in the order of suspension or in the order denying a prior motion
for
reinstatement.
(e) Motions for
reinstatement by disbarred
attorneys or attorneys suspended for misconduct rather than disability shall be served upon the board
at least six (6) months prior to the return date thereof. Upon receipt of the
motion for
reinstatement, the board shall cause the matter to be investigated. The board shall promptly
schedule a hearing at which the respondent-attorney shall have the burden of demonstrating by clear and convincing
evidence that the respondent has been rehabilitated and has complied with all
requirements imposed by the court, which may include successful completion of
requirements for passing the bar examination, or portions thereof, has the
moral qualifications, competency and learning in law required for admission to
practice law in this state and that the respondent's resumption of the practice
of law will be neither detrimental to the integrity and standing of the bar or
the administration of justice nor subversive to the public interest. At the
conclusion of the hearing, the board shall promptly file a report containing
its findings and recommendations and transmit the same, together with the
record, to this court. This court shall enter a final order deciding the motion
within sixty (60) days.
(f) The court in its discretion may direct that the necessary expenses incurred
in the investigation and processing of a motion for
reinstatement be paid by the respondent-attorney.
Cited in
Board of Professional Responsibility v. Vidakovich, 816 P.2d 885 (Wyo. 1991).
AM. JUR. 2D, ALR AND C.J.S. REFERENCES
7 Am. Jur. 2d
Attorneys at Law
§§ 115 to 117.
A.L.R. --
Reinstatement of attorney,
70 ALR2d 268, 58 ALR3d 1191.
Bar admission or
reinstatement of attorney as affected by alcoholism or alcohol abuse,
39 ALR4th 567.
Conditioning
reinstatement of attorney upon reaffirmation of debt discharged in bankruptcy,
39 ALR4th 586.
C.J.S. -- 7A C.J.S.
Attorney and Client
§§ 122 to 130.
