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WY · rules

Wyo. R. P. Juv. Ct. 5

Right to Counsel and Jury

activein force · 2020-12-01 – presentact-effective-date

(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 of Wyoming (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.

(e) Jury Demand. A timely demand for jury as required by statute will be honored by

the seating of a jury of six (6) persons.

(f) Peremptory Challenges. Each side shall be entitled to four (4) peremptory

challenges. Several respondents or several petitioners may be considered as a side for

the making of challenges or the court may allow additional peremptory challenges and

permit them to be exercised separately or jointly upon the court determining a good

faith controversy exists between the parties.

History

History: Amended effective May 13, 2014; amended August 25, 2020, effective December 1, 2020.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
1bb27c179be6c84c88d0ee5e736eb2b15e65478fd934dd4c589995f6e3d4d9b8
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