Article I - Membership

As amended through April 30, 2019

Article I - Membership

Section 1. Persons included in membership.

Membership in the Wyoming State Bar shall be as provided in these Bylaws, subject to compliance with the conditions and requirements of membership.

Section 2. Member contact information.

Each member shall furnish the following information to the Wyoming State Bar, and shall promptly advise the Wyoming State Bar in writing or by email of any changes, along with supporting documentation as appropriate:

(a) Full name;

(b) Residential address;

(c) Physical and mailing address of office;

(d) E-mail address;

(e) Telephone number; and

(f) Other jurisdictions in which the member is licensed to practice law.

Communications from the Wyoming State Bar to any member shall be sent to the most recent mailing or e-mail address furnished by the member. Communications sent by either method shall be deemed received subject to challenge only upon clear and convincing evidence to the contrary.

Section 3. Status of membership.

The members of the Wyoming State Bar shall hold one of the following eight (8) statuses:

(a) Active:

(1) Is authorized to practice law in the State of Wyoming.

(2) Pays the annual license fee pursuant to Article I, Section 5, of the Bylaws of the Wyoming State Bar.

(3) Completes Continuing Legal Education ("CLE") as required by the Rules of the Wyoming State Board of Continuing Legal Education (the "CLE rules").

(4) Any member who seeks to change from inactive status, honorary status, honorary retired status, retired status emeritus status to active status must file a written request and certification with the executive director demonstrating, to the satisfaction of the executive director, one of the following:

(i) The member has engaged in the active, authorized practice of law as defined in Rule 303 of the Rules and Procedures Governing Admission to the Practice of Law in one or more states, territories or districts for five of the seven years immediately preceding the request to return to active status; or

(ii) If the member has held inactive status, honorary retired status, retired status or emeritus status:

(a) for less than three years, the member must complete one (1) year's required CLE and pay the license fees required of active status members for the fiscal year in which the request is made. Such CLE must have been completed during the two-year period preceding the written request to change to active status.

(b) for more than three years but less than five years, the member must complete two (2) years' required CLE and pay the license fees required of active status members for the fiscal year in which the request is made. Such CLE must have been completed during the two-year period preceding the written request to change to active status.

(c) for more than five years but less than seven years, the member must complete three (3) years' required CLE and pay the license fees required of active status members for the fiscal year in which the request is made. Such CLE must have been completed during the two year period preceding the written request to change to active status.

(d) for more than seven years, the member may return to active status only by complying with the admission requirements set forth in the Rules and Procedures Governing Admission to the Practice of Law.

(5) The foregoing requirements notwithstanding, for good cause shown by clear and convincing evidence, the Board of Officers and Commissioners may waive, modify or impose conditions upon written request for a return to active status.

(6) Any member who changes from another status to active status must remain on active status for one full year before requesting a different status.

(b) New active:

(1) Has been licensed to practice law in any jurisdiction for five (5) years or less.

(2) Is authorized to practice law in the State of Wyoming.

(3) Pays a reduced license fee pursuant to Article I, Section 5 of the Bylaws of the Wyoming State Bar.

(4) Completes CLE as required by the CLE rules.

(c) Inactive:

(1) Is not authorized to practice law in the State of Wyoming.

(2) Pays a reduced license fee pursuant to Article I, Section 5 of the Bylaws of the Wyoming State Bar.

(3) Is not required to complete any CLE.

(4) Submits to the executive director a written request to be placed on inactive status.

(d) Honorary:

(1) Is a current Wyoming Supreme Court justice, district court judge, circuit court judge, judge or full-time magistrate of the United States District Court for the District of Wyoming, or any other full-time federal judge residing in Wyoming.

(2) Is not required to pay a license fee.

(3) Is not required to complete any CLE.

(e) Honorary Retired:

(1) Is a former Wyoming Supreme Court justice, district court judge, circuit court judge, judge or full-time magistrate of the United States District Court for the District of Wyoming, or any other federal judge residing in Wyoming.

(2) Is not authorized to practice law in the State of Wyoming.

(3) Is not required to pay a license fee.

(4) Is not required to complete any CLE.

(f) Retired:

(1) A member in good standing who has reached the age of 65 years or has 25 years of membership in the Wyoming State Bar.

(2) Is not authorized to practice law in the State of Wyoming.

(3) Is not required to pay a license fee.

(4) Is not required to complete any CLE.

(5) Submits to the executive director a written request to be placed on retired status.

(7) Submits to the executive director a written request to be placed on retired status.

(g) Suspended:

Has been suspended by the Wyoming Supreme Court for violation of the Wyoming Rules of Professional Conduct, for non-payment of license fees, for non-compliance with the CLE rules, or placed on immediate suspension by the Wyoming Supreme Court.

(h) Emeritus:

(1) A member in good standing who has reached the age of 65 years or has 25 years of membership in the Wyoming State Bar.

(2) Is authorized to perform pro bono legal services as defined in the CLE rules or mentor another lawyer, but not otherwise authorized to practice law in the State of Wyoming.

(3) Is not required to pay a license fee.

(4) Is required to complete reduced CLE as provided in the CLE rules.

(5) Submits to the executive director a written request to be placed on emeritus status.

In order for a request for status change to be considered, the member must not be in arrears on license fees, CLE requirements, or any obligation to the Client Protection Fund. With the exception of suspended members, all members are eligible to serve on boards or committees.

Section 4. Withdrawal from membership.

Any person having been admitted to the Wyoming State Bar who desires to withdraw therefrom shall submit a request to the Wyoming State Bar. The request shall be reviewed by the executive director, who shall then make a recommendation for action on the request to the Wyoming Supreme Court. The Wyoming Supreme Court may then enter such order as it deems appropriate. According to the terms of the order allowing withdrawal by the Wyoming Supreme Court, the person shall cease to be a member of the Wyoming State Bar and shall no longer be authorized to practice law in Wyoming. A member who has been suspended for failure to pay license fees or for failure to comply with CLE rules may not withdraw without petitioning for reinstatement, pursuant to these bylaws and the CLE rules, as applicable. A member who has a pending disciplinary matter may not withdraw until such matter is resolved. A member who is suspended or disbarred may not withdraw until the member is reinstated.

Section 5. Annual license fee.

(a) There shall be annual license fees and late fees in such amounts as shall be determined by the Board of Officers and Commissioners. Any changes in the annual license fees or the late fees for the following fiscal year shall be fixed by the Board of Officers and Commissioners by no later than August 15, with notice to and approval by the Wyoming Supreme Court. The Board of Officers and Commissioners may reduce the annual license fees of members who hold new active or inactive status. There shall be no annual license fee for honorary, honorary retired, emeritus, or retired members.

(b) During the first week of October of each year, the executive director shall send notification via email that the annual license fee is due. The annual license fee is due November 30 and delinquent December 1. If any member is in default for the payment of the annual license fee on December 1, the executive director shall send a notice of delinquency and notice of late fee to any such member. If any member remains in default on December 15, the executive director shall certify to the Wyoming Supreme Court the name of such member. The Wyoming Supreme Court shall, within 30 days of the notice by the Wyoming State Bar, issue against such member an order returnable 30 days from the date thereof, to show cause why membership in the Wyoming State Bar should not be suspended. The order shall be mailed by certified mail, with return receipt requested, to the attorney's address on file with the Wyoming State Bar. Upon receipt of the order to show cause, the member shall either pay the delinquent fees to the Wyoming State Bar or shall file a response to the order to show cause, along with six copies, with the Wyoming Supreme Court. A copy of the response shall also be provided to the executive director. If the member fails to pay the delinquent fees and the Wyoming Supreme Court finds that good cause is not shown in response to such order, an order of suspension from the practice of law for a period of one (1) year shall issue from the Wyoming Supreme Court. If the Wyoming Supreme Court finds that the member in default is unable for good cause to pay the annual license fee, the payment of such annual license fee for that year may be remitted or suspended in whole or in part by order duly entered by the Wyoming Supreme Court.

(c) When a person is first admitted to practice law in Wyoming, the annual license fee, which shall be prorated on a monthly basis beginning with the month of admission (based upon the Wyoming State Bar's fiscal year), shall be due 60 days after the date of admission. If any newly-admitted member fails to pay the annual license fee by 60 days after the date of admission, the executive director shall send a notice of delinquency and notice of late fee to such member. If such member remains in default 75 days after the date of admission, the executive director shall certify to the Wyoming Supreme Court the name of such member. The Wyoming Supreme Court shall, within 30 days of the notice by the Wyoming State Bar, issue against such member an order returnable 30 days from the date thereof, to show cause why membership in the Wyoming State Bar should not be suspended. The order shall be mailed by certified mail, with return receipt requested, to the attorney's address on file with the Wyoming State Bar. Upon receipt of the order to show cause, the member shall either pay the delinquent fees to the Wyoming State Bar or shall file a response to the order to show cause, along with six copies, with the Wyoming Supreme Court. A copy of the response shall also be provided to the executive director. If the member fails to pay the delinquent fees and the Wyoming Supreme Court finds that good cause is not shown in response to such order, an order of suspension from the practice of law for a period of one (1) year shall issue from the Wyoming Supreme Court. If the Wyoming Supreme Court finds that the member in default is unable for good cause to pay the annual license fee, the payment of such annual license fee for that year may be remitted or suspended in whole or in part by order duly entered by the Wyoming Supreme Court.

(d) Within 15 days of the date of an order of suspension, the suspended attorney shall notify the following persons by registered or certified mail, return receipt requested, of the attorney's suspension and the attorney's consequent inability to act as an attorney after the effective date of the suspension:

(1) All clients in pending matters. The attorney shall advise clients to seek legal advice elsewhere and to obtain another attorney for litigated matters or administrative proceedings

(2) Any co-counsel who is involved in litigated matters or administrative proceedings.

(3) The attorney for each adverse party or, in the absence of such counsel, the adverse party or parties in litigated matters or administrative proceedings. The notice to parties shall state the place of residence of the client of the suspended attorney.

(4) All courts or administrative bodies in which the attorney has matters pending.

(e) A suspended attorney shall notify clients of all deadlines and scheduled court dates.

(f) A suspended attorney, after entry of the suspension order, shall not accept any new legal matters. During the period from the entry date of the order to its effective date, the attorney may wind up and complete, on behalf of any client, all matters which were pending on the entry date.

(g) A suspended attorney shall return any unearned fees.

(h) Within 30 days after the effective date of the suspension order, the suspended attorney shall file with the Wyoming Supreme Court the executive director an affidavit showing that the attorney has fully complied with the provisions of the order and with this rule and stating the address where communications may thereafter be directed.

(i) If an attorney has not filed a petition for reinstatement within six (6) months from the date of the order, the attorney shall within 15 days of the expiration of six (6) months from the date of the order deliver to all present and former clients all client files.

(j) A suspended attorney shall maintain records of the steps taken to comply with this rule.

(k) The provisions of this section are deemed to be incorporated into all orders of suspension. Failure to comply with any requirement of this section is punishable as contempt.

(l) Suspension under this section shall not be considered as a disciplinary infraction.

(m) The suspended member may be reinstated upon the filing of a petition for reinstatement within one (1) year of the date of the order of suspension, which petition, along with six copies, shall be filed with the Wyoming Supreme Court. A copy of the petition shall also be served on the executive director. The petition shall include copies of the records required by subsection (j) and shall be supported by an affidavit which shows:

(1) that all past annual license fees, the current year's annual license fee and any late charges have been paid in full, in addition to all past and current fees for CLE;

(2) that the attorney is current on all mandatory CLE requirements;

(3) that there have been no claims or awards made in regard to an attorney on the Client Protection Fund for which the fund has not been reimbursed; and

(4) the attorney has complied with all other applicable conditions for reinstatement. The petition shall be accompanied by all appropriate fees for applicants for admission on motion. A response by the executive director may be filed within 20 days of the date of service of the petition for reinstatement. The member shall not be eligible to practice unless and until the Wyoming Supreme Court issues an order of reinstatement.

(n) If an attorney who is suspended from the practice of law for non-payment of the annual license fee has not petitioned for reinstatement within one (1) year of the date of the order of suspension, such attorney's membership in the Wyoming State Bar shall be terminated by order of the Wyoming Supreme 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.

(o) Members who change their status during the course of a fiscal year may not receive a refund for the difference in the annual license fees if the annual license fee for the new status is less, but shall pay any applicable increase in the annual license fee for the new status.

(p) Political and Ideological Activities. The Wyoming State Bar shall not, except as provided herein, use the license fees of its members to fund activities of a political or ideological nature that are not reasonably related to:

(1) the regulation and discipline of attorneys;

(2) matters relating to the improvement of the functioning of the justice system;

(3) increasing the availability of legal services to the public;

(4) the education, ethics, competence, integrity, and regulation of the legal profession; and

(5) any other activity authorized by Court rule or law.

(q) Objection and Refund Procedure. If any active, new active or inactive member chooses to assert that any activity of the Wyoming State Bar is of a political or ideological nature and is not within such purposes of, or limitations on, the Wyoming State Bar, the member may register his or her objection thereto with the executive director of the Wyoming State Bar for resolution as described below.

(1) A written objection shall be submitted to the executive director setting forth the specific activity to which the member objects, and shall be submitted in accordance with the provisions of Rule 5(b)(2) of the Wyoming Rules of Civil Procedure by February 1 following publication of the Wyoming State Bar's approved budget and financial statements for the fiscal year just ended in the Wyoming Lawyer.

(2) Upon receipt of a member's objection, the executive director shall promptly review such objection together with the allocation of license fees spent on the disputed activity and, in consultation with the Executive Committee, shall have the discretion to resolve the objection, including refunding a pro rata portion of the member's license fees expended upon such activity or action, plus interest. A written response setting forth the proposed resolution shall be served on the objecting member in accordance with the provisions of Rule 5(b)(2) of the Wyoming Rules of Civil Procedure within 30 days of the objection.

(3) If the member is not satisfied with the response, he or she may submit a written demand for arbitration. The demand must be served in accordance with the provisions of Rule 5(b)(2) of the Wyoming Rules of Civil Procedure within 30 days of the response. An impartial arbitrator will be appointed by a Circuit Court judge from the First Judicial District. The arbitration proceedings are informal, and the Wyoming State Bar will have the burden to show that the disputed activity is within the purposes of, and not outside the limitations on, the Wyoming State Bar. The arbitrator will issue a written decision and any award. The arbitrator's fee will be paid by the Wyoming State Bar.

Amended February 4, 1994, effective April 25, 1994, amended August 20, 2001, effective September 1, 2001; amended April 22, 2003, effective July 1, 2003; amended November 25, 2008, effective January 1, 2009; amended and effective February 10, 2009; amended May 18, 2011, effective August 1, 2011; amended February 22, 2012, effective July 1, 2012; amended August 10, 2012, effective September 30, 2012; amended February 5, 2013, effective April 1, 2013; amended July 14, 2014, effective September 15, 2014; amended April, 6, 2015, effective July 1, 2015; amended May 3, 2016, effective July 1, 2016; amended November 22, 2016, effective December 1, 2016; amended May 22, 2018, effective August 1, 2018; amended January 29, 2019, effective May 1, 2019.