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US · rules

D. Wyo. U.S.D.C.L.R. 84.5

Allegations of Misconduct

activein force · 2022-01-01 – presentact-effective-date

(a) Referral to Disciplinary Counsel for Investigation.

When misconduct or allegations of misconduct, if substantiated, would warrant

discipline of an attorney admitted to practice before this Court and no procedure is otherwise

mandated by these Rules, the judge involved shall refer the matter to disciplinary counsel for

investigation and prosecution of a formal disciplinary proceeding or the formulation of other

appropriate recommendation.

(b) Formal Disciplinary Proceeding Not Initiated.

If disciplinary counsel concludes, after investigation and review, that a formal disciplinary

proceeding should not be initiated against the respondent-attorney because sufficient evidence

is not present, or because there is pending another proceeding against the respondent-attorney, or for any other valid reason, the disposition of which should be deferred before

further action by this Court is considered, disciplinary counsel shall file with the Court a

recommendation for disposition of the matter whether by dismissal, admonition, deferral or

otherwise, setting forth the reasons therefor. A copy of this recommendation shall be served

upon respondent-attorney.

(c) Formal Disciplinary Proceedings.

To initiate formal disciplinary proceedings, disciplinary counsel shall seek an order of this

Court requiring the respondent-attorney to show cause, within thirty (30) days after service, on

that attorney, why he or she should not be disciplined. The Order to Show Cause shall include

the form for certification as set forth in

https://www.wyd.uscourts.gov/sites/wyd/files/forms/CertAdmissPractice.pdf.

(d) Answer to Order to Show Cause.

Upon the respondent-attorney's answer to the Order to Show Cause, if any issue of fact

is raised or the respondent-attorney wishes to be heard in mitigation, the issuing judge shall set

the matter for prompt hearing before one or more judges of this Court. If the disciplinary

proceeding is predicated upon the complaint of a judge of this Court, the hearing shall be

conducted before another judge (active or senior active) appointed by the Chief Judge, or, if the

Chief Judge is the complainant, then by another active judge of this Court. Unless the Chief

Judge is the complainant, he or she is not precluded by these Rules from appointing himself or

herself to conduct the mitigation hearing. The respondent-attorney shall execute and file with

the answer the certification as forth in

https://www.wyd.uscourts.gov/sites/wyd/files/forms/CertAdmissPractice.pdf.

74 January 2022

Provenance

Source
www.wyd.uscourts.gov
Retrieved
2026-09-19
Edition
fed-district-2026-09-19
Content hash
7606f9eb59338048ae328e0c9cf5fe98bdb31decc0076c4e8906ace348eaa3b6
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