Wyo. UPL R. 9

Criminal contempt proceedings for unauthorized practice of law shall be prosecuted

in the district court for the district in which the respondent resides or in which the

unauthorized practice is alleged to have occurred in the following manner:

(a) Upon receiving a written affidavit of Bar Counsel alleging facts indicating

that a person, firm or corporation has violated a previous order by the Supreme

Court enjoining the accused from further conduct found to constitute the unauthorized practice of law, and containing a prayer for a contempt citation, the court

may issue an order directed to the respondent, stating the essential allegations

charged and requiring respondent to appear before the court to show cause why

respondent should not be held in contempt of court for violations of a previous order

by the Supreme Court enjoining the accused from further conduct found to

constitute the unauthorized practice of law. The order shall specify the time and

place of the hearing, and a reasonable time shall be allowed for preparation of the

defense after service of the order on the respondent.

(b) Any respondent, who is determined to be insolvent by the court, shall be

entitled to the appointment of counsel. In proceedings for the determination of

insolvency, there shall be a presumption of solvency, and the respondent shall have

the burden of rebutting the presumption by competent proof.

(c) Venue for the hearing before the district court shall be in the county where

the respondent resides or where the alleged offense was committed, whichever

shall be designated by the district court.

(d) The respondent, personally or by counsel, may move to dismiss the order to

show cause, move for a bill of particulars or answer such order by way of

explanation or defense. All motions and the answer shall be in writing. A

respondent’s omission to file motions or answer shall not be deemed as an

admission of guilt of the contempt charged.

(e) The district court may issue an order of arrest of the respondent if the court

has reason to believe the respondent will not appear in response to the order to

show cause. The respondent shall be admitted to bail in the manner provided by

law in criminal cases.

(f) The respondent shall be arraigned at the time of the hearing before the court,

or prior thereto upon his request. A hearing to determine the guilt or innocence of

the respondent shall follow a plea of not guilty at a later date. The respondent is

entitled to be represented by counsel, have compulsory process for the attendance

of witnesses, and confront witnesses against him. The respondent may testify in his

own defense. No respondent may be compelled to testify. A presumption of

innocence shall be accorded the respondent, and Bar Counsel or Bar Counsel’s

designee, which shall act as prosecuting authority, must provide proof of the guilt

of the respondent beyond a reasonable doubt.

(g) The court shall hear all issues of law and fact and all evidence and testimony

presented shall be transcribed.

(h) At the conclusion of the hearing, the court shall sign and enter of record a

judgment of guilty or not guilty. There should be included in a judgment of guilty

a recital of the facts constituting the contempt of which the respondent has been

found and adjudicated guilty.

(i) A person found guilty of contempt under this procedure shall be fined not

more than five thousand dollars ($5,000) or imprisoned in the county jail for not

more than three (3) months, or both. In addition, the court may order that all fees

paid by clients of any person found guilty under this procedure be restored.

(j) Prior to the pronouncement of a sentence upon a judgment of guilty, the court

shall inform the respondent of the accusation and judgment against him and afford

him the opportunity to present evidence of mitigating circumstances. The sentence

shall be pronounced in open court and in the presence of the respondent.

(k) Any judgment of guilty shall be subject to review by the Wyoming Supreme

Court pursuant to the Wyoming Rules of Appellate Procedure.