Wyoming rural attorney recruitment program.

24LSO-0061
2024
STATE OF WYOMING
24LSO-0061
Numbered
2.0

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 33
‑
5
‑
201 through 33
‑
5
‑
203 are created to read:

ARTICLE 2
RURAL ATTORNEY RECRUITMENT PROGRAM

33
‑
5
‑
201.

Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)

In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)

The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)

Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)

Has a population of not greater than twenty
‑
five thousand (25,000);

(ii)

Has an average of not greater than one and one
‑
half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full
‑
time judge, prosecutor, public defender, judicial clerk, in
‑
house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)

Agrees to provide the county share of the incentive payment required under this article;

(iv)

Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)

Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)

In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)

The county's demographics;

(ii)

The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)

Any recommendations from the district judges and circuit judges of the county;

(iv)

The county's economic development programs;

(v)

The county's geographical location relative to other counties participating in the program;

(vi)

An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)

Any prior participation of the county in the program;

(viii)

Any other factor that the Wyoming state bar deems necessary.

(f)

A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)

Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33
‑
5
‑
202.

Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)

Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)

Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)

Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)

Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)

Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)

Thirty
‑
five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)

Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)

Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full
‑
time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)

Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)

The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.

The supreme court may promulgate any rules necessary to implement this article.

(h)

The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33
‑
5
‑
203.

Sunset.

(a)

W.S. 33
‑
5
‑
201 and 33
‑
5
‑
202 are repealed effective July 1, 2029.

(b)

Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33
‑
5
‑
201 and 33
‑
5
‑
202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33
‑
5
‑
201 and 33
‑
5
‑
202 as provided on June 30, 2029.

Section 2.

There is appropriated one hundred ninety
‑
seven thousand three hundred seventy
‑
five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207, this appropriation shall not revert until June 30, 2029.

Section 3
.

This act is effective July 1, 2024
.

(END)

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SF0033