Wyoming

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Wyo. Supreme Court upholds parents' right to counsel

07/30/2018

The Supreme Court of Wyoming held parents are entitled to appointed counsel in abuse/neglect cases even when not the subject of allegations.

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Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: no

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Benefits - Claimant

Legislation

Key_development Question_mark

Discretionary appointment of counsel - worker's compensation

A hearing examiner and district court may appoint counsel in contested worker's compensation cases.

Appointment of Counsel: discretionary Qualified: yes

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a minor seeking to bypass the parental consent and notification requirements for an abortion.

Appointment of Counsel: discretionary Qualified: no

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Litigation

Right to counsel

A federal appellate court found a constitutional right to counsel for Wyoming civil commitment proceedings.

Appointment of Counsel: categorical Qualified: yes

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Domestic Violence - Alleged Victim

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for the victim in a few DV scenarios.

Appointment of Counsel: discretionary Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

The subject of a guardianship proceeding may be appointed counsel upon order of the court.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for a child in a paternity proceeding in certain circumstances.

Appointment of Counsel: categorical Qualified: yes

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Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

It is possible that there is a discretionary appointment of counsel for parents in adoption cases.

Appointment of Counsel: discretionary Qualified: yes

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Discretionary appointment of counsel

The court may appoint counsel for an indigent parent in a termination of parental rights proceeding.

Appointment of Counsel: discretionary Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Indigent Wyoming children have a right to counsel in truancy proceedings (which are treated as "child in need of supervision" matters).

Appointment of Counsel: categorical Qualified: no

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