Wyoming Judicial Branch

Rule 1. Committee on the Unauthorized Practice of Law; appointment, composition and removal of members; funding.

(a)

The Supreme Court shall appoint a Committee on the Unauthorized Practice of Law to act in accordance with these rules. The committee shall consist of nine (9) members, six (6) of whom shall be lawyers, and three (3) of whom shall be public members who neither are admitted to the bar nor practice law in any state. The court shall also appoint three (3) alternate members, one (1) of whom shall not be a lawyer, to serve in the event members of the committee are disqualified in particular proceedings. In the event of such temporary replacement, a lawyer shall replace a lawyer and a nonlawyer shall replace a nonlawyer member. Thereafter the court, by order, shall request the submission of nominations to fill vacancies in each category of membership as they occur. Any bar association or any resident of the state may submit in writing the names of nominees.

(b)

When the committee is first selected, one-third of the members shall be appointed for a term of three (3) years, one-third for a term of two (2) years, and one-third for a term of one (1) year. All subsequent appointments to the committee shall be for a term of three (3) years. No member shall be appointed to more than two (2) consecutive full terms. The members of the committee shall not be subject to removal by the court during their terms of office, except for cause. Cause shall include unexcused failures to attend scheduled meetings, the number of which shall be set forth by the committee in an attendance policy.

(c)	Funding for the committee shall be provided by the Wyoming State Bar.

Rule 2. Committee officers. The committee shall elect a chairperson and a vice-chairperson from among its members annually, subject to regulations and terms to be established by the committee not inconsistent with these rules.

Rule 3. Committee functions. The committee shall receive complaints alleging the unauthorized practice of law and shall investigate those complaints and initiate litigation in the district court for injunctive relief and/or criminal contempt proceedings. The committee may retain the services of investigators and private attorneys to carry out these functions.

Rule 4. Committee meetings; official actions. The committee shall meet not less than once a year. The committee may provide, by resolution, the time and place for the holding of such other regular meetings without other notice than such resolution. In addition, special meetings of the committee may be called by or at the request of the chairperson, the vice-chairperson, or any two (2) members. The person or persons authorized to call special meetings may fix any place for holding any special meeting of the committee.
Notice of any special meeting shall be given at least seven (7) days previous thereto by written notice delivered personally or mailed to each member's business address. Any member may waive notice of any meeting.
A quorum shall be constituted of a majority of the committee and must include at least one (1) non-lawyer member. The committee shall act only with the concurrence of a majority of the members present either in person or by telephone. All meetings shall be confidential unless the committee determines that all or a portion of the meeting shall be open to the public.

Rule 5. Conflict of interest by committee members. Committee members shall not participate in any matter in which they have either a material pecuniary interest that would be affected by committee recommendation, or any other conflict of interest that might prevent them from participating. However, no action of the committee will be invalid where full disclosure has been made and the committee has not decided that the member's participation was improper.

Rule 6. Immunity of committee members and staff. The members of the committee as well as staff persons assisting those members shall have absolute immunity from civil liability for all acts in the course of their official duties.

Rule 7. Investigations by committee. The committee may conduct investigations of unauthorized practice of law through subcommittees of not less than three (3) members, at least one (1) of whom shall be a non-lawyer member. Such subcommittees after having completed an investigation shall make a report to the entire committee of the results of the investigation and a recommendation for further action. In emergency cases requiring immediate action a subcommittee may seek temporary injunctive relief in the appropriate district court for a period sufficient to allow the entire committee to meet and initiate litigation. The decision to initiate litigation in the form of civil injunction proceedings or criminal contempt proceedings shall be made by the entire committee at a regular or special meeting as provided in Rule 4 above.
All unauthorized practice of law investigation matters including files, correspondence, preliminary investigation reports, inter-office memoranda and records of investigations are under the supervision of the Supreme Court and are subject to such public inspection as the court shall direct.

Rule 8. Subpoenas. Upon receiving a written application of the chairman of the committee alleging facts indicating that a person or entity is or may be unlawfully practicing law and that the issuance of a subpoena is necessary for the investigation of such unauthorized practice, the clerk of the district court in which that person or entity is located, shall issue subpoenas in the name of the district judge for the attendance of any person and production of books and records before the investigating committee or subcommittee at the time and place designated by the investigating committee or subcommittee.
Failure to comply with any subpoena shall constitute a contempt of court and may be punished by the district court issuing the subpoena or the district court for the district where the contemnor may be found. The issuing court shall have power to enter such protective orders as may be necessary for the enforcement of the subpoena.

Rule 9. Litigation.

(a)

Civil injunction proceeding. -

1.	Complaints shall be by written petition filed in the district court for the district in which the respondent is located or in which unauthorized practice is alleged to have occurred in the name of the Committee on the Unauthorized Practice of Law.

2.

Each such petition shall be processed in accordance with the following procedure:

a.	The petition shall not be framed in technical language, but shall with reasonable clarity set forth the alleged facts constituting the unauthorized practice of law. A prayer for relief may be included in the petition, but shall not be required.

b.

The court, upon consideration of any petition so filed, may issue its order to show cause directed to the respondent commanding said respondent to show cause if any there be, why the respondent should not be enjoined from the alleged unauthorized practice of law, and further requiring the respondent to file with the court within twenty (20) days after service of the petition and show cause order on him, a written answer admitting or denying the matter set forth in the petition. The legal sufficiency of the petition may, at the option of the respondent, be raised by motion to dismiss filed prior to or at the time of the filing of the answer. The filing of a motion to dismiss prior to the filing of an answer shall postpone the time for the filing of an answer until ten (10) days after disposition of said motion. The order and petition shall be served upon the respondent in the manner provided for service of process under Rule 4 W.R.C.P. Service of all other pleadings shall be governed by the provisions of Rule 5 W.R.C.P.

c.

If no response or defense is filed within the time permitted, the allegations of the petition shall be taken as true for purposes of that action. The court will then, upon its motion or upon motion of any party, decide the case upon its merits, granting such relief and issuing such order as might be appropriate.

d.	If a response or defense filed by a respondent raises no issue or issues of material fact, any party, upon motion, may request a judgment on the pleadings and the court may rule thereon as a matter of law.

3.

Proceedings before the district court shall be in accordance with the following:

a.	The proceeding before the court shall be held in the county where the respondent resides or where the alleged offense was committed, whichever shall be designated by the court.

b.	Witness subpoenas shall run in the name of the court and shall be issued by the court upon request of a party. Failure or refusal to comply with any subpoena shall be a contempt of the court and may be punished by any district court where the action is pending or where the contemnor may be found.

c.

The Wyoming Rules of Civil Procedure, including those provisions pertaining to discovery, not inconsistent with this article, shall apply in proceedings before the court. The committee may in every case amend its petition one time as of right within sixty (60) days after the filing of the original petition.

4.	After trial the court shall make written findings of fact, conclusions of law and final disposition of the cause. The final disposition shall be an appealable order and any party may appeal that order to the Wyoming Supreme Court pursuant to the Wyoming Rules of Appellate Procedure.

5.

Nothing set forth in this rule shall be construed to prohibit or limit the right of the court upon proper application, to issue a preliminary or temporary injunction, or at any stage of the proceedings, to enter any such order as to the court may deem proper when public harm or the possibility thereof is made apparent to the court, in order that such harm may be summarily prevented or speedily enjoined.

(b)

Criminal contempt proceedings. -

1.

Criminal contempt proceeding 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 petition of the chairman of the Committee on Unauthorized Practice of Law, alleging facts indicating that a person, firm or corporation is or may be unlawfully practicing 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 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 court shall be in the county where the respondent resides or where the alleged offense was committed, whichever shall be designated by the 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 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. 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 the Committee on Unauthorized Practice of Law, 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.

2.	Nothing set forth herein shall be construed to prohibit or limit the right of the court to issue a permanent injunction in lieu of or in addition to any punishment imposed for an indirect criminal contempt.