Wyo. R. Disciplinary P. 23

(a) An attorney placed on disability inactive status shall not engage in the practice

of law until reinstated to active status in accordance with the provisions of this rule.

Such attorney must comply with the duties of disbarred or suspended attorneys as set

forth in the Rule 21.

(b) An attorney who has been transferred to disability inactive status may seek to

return to active status by filing a verified petition for reinstatement with the BPR and

serving a copy on Bar Counsel. Such attorney may not apply for reinstatement to active

status more often than once in any twelve month period, or at such shorter intervals as

the Court may direct.

(c) The verified petition for reinstatement shall set forth facts showing that the

attorney has demonstrated sufficient recovery from the physical, mental or emotional

infirmity or illness giving rise to the transfer to disability inactive status and the

attorney possesses all of the qualifications required of applicants for admission to the

Wyoming State Bar. The petition shall include certification that:

(1) The attorney is current on the payment of annual license fees and any late

charges;

(2) The attorney has complied with all continuing legal education requirements

during the period the attorney has held disability inactive status and has paid all

necessary fees; and

(3) The attorney has complied with all requirements of the Court’s order

transferring the attorney to disability inactive status.

(d) The attorney’s verified petition for reinstatement must be accompanied by a

$500.00 fee payable to the Wyoming State Bar. Said fee may be waived in the discretion

of the BPR Chair for good cause shown.

(e) The filing of a verified petition for reinstatement by an attorney placed on

disability inactive status shall be deemed to constitute a waiver of any privilege with

respect to any health care treatment of the attorney during the period of incapacity. The

attorney shall be required to disclose the name and address of every psychiatrist,

psychologist, physician, or other health care professional, and any hospital or other

health care facility or provider by whom or in which the attorney has been examined or

treated since the transfer to disability inactive status. The attorney shall execute and

deliver to Bar Counsel a written authorization waiving all applicable physical and

mental health care privileges, and giving Bar Counsel unrestricted access to all

psychiatric, psychological, medical, hospital, and other health care information concerning the attorney, and shall cooperate with Bar Counsel’s request for an independent

evaluation of the attorney’s disability.

(f) If an attorney on disability inactive status has not obtained reinstatement within

seven years after the effective date of the order transferring the attorney to disability

inactive status, the attorney’s membership in the Wyoming State Bar shall be

terminated by order of the Court. Such attorney who thereafter seeks admission to the

Wyoming State Bar shall comply with the admissions requirements set forth in the

Wyoming Rules and Procedures Governing Admission to the Practice of Law.

(g) The attorney seeking reinstatement must prove by clear and convincing evidence

that the attorney has sufficient recovery from the physical, mental or emotional

infirmity or illness giving rise to the transfer to disability inactive status, has complied

with all applicable orders and with all provisions of these rules, has not engaged in the

unauthorized practice of law, and is fit to practice law.

(h) Reinstatement proceedings following transfer to disability inactive status. —

(1) Immediately upon receipt of a verified petition for reinstatement, Bar

Counsel shall conduct any investigation Bar Counsel deems necessary. The

petitioner shall cooperate in any such investigation.

(2) Following investigation, Bar Counsel and the attorney may stipulate to

reinstatement by submitting to the BPR a written stipulation and affidavit of the

attorney which provides a detailed description of the factual basis for compliance

with the requirements for reinstatement. Any such stipulation shall be approved or

disapproved by a Review Panel. If the stipulation is approved, a report and

recommendation shall be transmitted to the Court. If accepted by the Court, the

Court shall issue an order stating that the attorney is reinstated to the practice of

law, which may include any conditions the Court deems appropriate.

(3) If Bar Counsel and the attorney do not reach a stipulation for the attorney’s

reinstatement within 60 days of the filing of the verified petition for reinstatement,

Bar Counsel shall file an answer to the petition. Thereafter, the petition for

reinstatement shall proceed to a hearing before the Hearing Panel as provided in

Rule 15.

(4) In deciding whether to recommend reinstatement, the Hearing Panel may

condition a recommendation for reinstatement upon compliance with any additional requirements it deems appropriate.

(5) An attorney for whom the Hearing Panel does not recommend reinstatement

may proceed before the Court as provided in Rule 16.