In a case of first impression, the Supreme Court of Wyoming has been grappling with the parameters necessary for reinstating an attorney following a period of disability inactive status. The court noted that there is no published precedent in the state on this issue. In order to make an informed decision on the case, the justices looked outward, consulting rulings from neighboring states.
An attorney identified as “Attorney Doe” by the state supreme court filed a petition for the reinstatement of his license to practice law after being on disability inactive status. This case compelled the supreme court to deliberate on the level of evidence required to prove recovery in disability cases. Justice Lynne J. Boomgaarden stated, “We have not evaluated the parameters of how to prove recovery in disability cases through published opinions or otherwise.”
The Board of Professional Responsibility (BPR) made a recommendation to the court to deny Attorney Doe’s request, noting that clear and convincing evidence of recovery was necessary. The court also referred to legal commentaries and secondary sources as measures to gauge the factors considered in proving recovery and the type of evidence an attorney might present in their petition.
The Wyoming Supreme Court’s directives in this case have the potential to set a key precedent for future cases related to disability recovery and reinstatement within the state’s legal community.