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WY · rules

Wyo. R. Disciplinary P. 12

Stipulated Discipline

activein force · 2019-09-01 – presentact-effective-date

(a) Acceptance of conditional admission. — A respondent may, at any point in the

proceedings prior to final action by the BPR, tender a conditional or unconditional

admission of misconduct constituting grounds for discipline in exchange for a stipulated

form of discipline. The conditional admission must be approved by Bar Counsel prior to

being tendered to the ROC or the BPR.

(1) If the form of stipulated discipline is a private reprimand, the conditional or

unconditional admission shall be tendered to the ROC for its review. The ROC shall

either reject the conditional admission and order the proceedings continued in

accordance with these rules, or accept the conditional admission and order a

private reprimand imposed.

(2) If the form of stipulated discipline is disbarment, suspension, public censure,

or a range that includes any of the former and a private reprimand, the conditional

or unconditional admission shall be tendered to the BPR for review. The BPR Clerk

shall appoint a three-person Review Panel made up of members of the BPR, two of

whom shall be attorneys and one of whom shall be a non-attorney, to review the

stipulation. BPR members appointed to a Review Panel shall not be members of or

eligible for membership on a Hearing Panel in the matter. The Review Panel shall,

after conducting a hearing as provided in this rule, if one is requested or if the

Review Panel deems it appropriate, either reject the conditional admission and

order the proceedings continued in accordance with these rules, or approve the

conditional admission and order a private reprimand or submit an appropriate

report and recommendation to the Court.

(3) Imposition of stipulated discipline pursuant to a conditional or unconditional

admission of misconduct shall terminate all proceedings conducted pursuant to

these rules and pending against the respondent in connection with that misconduct

(b) Conditional and unconditional admission — contents. — A conditional admission

of misconduct shall be in the form of an affidavit, submitted by the respondent, and

shall contain:

(1) An admission of misconduct which constitutes grounds for discipline;

(2) An acknowledgment of the proceedings pending against the attorney; and

(3) A statement that the admission is freely and voluntarily made, that it is not

the product of coercion or duress, and that the attorney is fully aware of the

implications of the attorney’s admission.

(4) For an unconditional admission only, a statement that the respondent

understands that if the Court does not accept the recommendation of the BPR, the

respondent has no right to withdraw the unconditional admission.

(c) Conditional admission — hearing. —

(1) Procedure. — A hearing on the conditional admission shall be set promptly.

The hearing shall be conducted by telephone conference call unless the Review

Panel orders otherwise.

(2) Notice. — Reasonable notice of such hearing shall be provided to the

respondent, the respondent’s counsel, and the complainant. The notice shall

designate the date, time and manner of the hearing. The notice shall advise the

respondent that the respondent is entitled to be represented by counsel at the

hearing and to present argument regarding the form of discipline to be ordered.

(3) Complainant. — In addition to the foregoing, the notice shall advise the

complainant that the complainant has a right to be present at the hearing and to

make a statement, orally or in writing, regarding the form of discipline.

(d) Further proceedings. — If the conditional or unconditional admission of misconduct is rejected and the matter is returned for further proceedings consistent with these

rules, the conditional admission may not be used against the respondent. The rejection

of a stipulated discipline does not foreclose any further proceedings for a stipulated

discipline.

History

History: Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018; amended June 25, 2019, effective September 1, 2019.

Provenance

Source
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
f9c4b984105c6544cb12049fde0d64ce2d2f1ff8fa05bdece2a73504e540d116
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