Board denies conditional reactivation request for retired attorney after extended debate

The Wyoming State Bar Board debated a retired attorney’s request to return to Active status after nearly ten years so he could associate with out‑of‑state counsel in ongoing litigation.

Executive Director Sharon Wilkinson reminded the board that the Bylaws generally prohibit returning to Active status after more than seven years on retired status but that the board may “waive, modify or impose conditions” upon written request. The applicant cited difficulty finding local counsel and said he intended to represent himself if necessary.

Commissioner Clayton M. Melinkovich moved to approve a conditional reactivation limited to the pending case, with the attorney required to obtain pro hac vice counsel within 45 days and to return to Retired status upon completion of the case. Commissioner Christopher G. Humphrey seconded the motion.

Bar Counsel Mark W. Gifford cautioned against restricting an attorney’s practice via board condition and warned of unintended consequences. Commissioner Emily S. Madden and others emphasized the long gap in active practice, CLE shortfalls, and practice changes (including AI) during that period. President P. Craig Silva summarized concerns and noted a lack of persuasive evidence of good cause.

After discussion the motion failed; the transcript records no roll‑call tally. The board did not adopt any alternative conditions at the meeting and did not record an appeal process in the bylaws, per staff comment.