The state of Wyoming Supreme Court building, located in Cheyenne, WY, USA. Credit: Steven Frame/Adobe Stock In First Impression Case, Wyoming Weighs Reinstatement of Attorney After Disability Inactive Status
"We have not evaluated the parameters of how to prove recovery in disability cases through published opinions or otherwise," stated Justice Lynne J. Boomgaarden. "However, other states have, and we found some applicable legal commentary and secondary authority, which illustrate the factors courts consider to prove recovery and the type of evidence an attorney might present to support their petition."
October 18, 2023 at 04:44 PM
5 minute read
Wyoming's Supreme Court found no published precedent in the state on the reinstatement of an attorney after transfer to disability inactive status, so instead consulted several other state courts to conclude that "clear and convincing" evidence of recovery is required.
A Wyoming attorney who was identified as "Attorney Doe" by the state supreme court, sought reinstatement of his license to practice law after a period of disability inactive status, according to the opinion. The Board of Professional Responsibility (BPR) recommended that the court deny that request.
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