May a Wyoming judge give character testimony about a lawyer at a disciplinary hearing without a subpoena?

Short answer Wyoming JEAC Opinion 2018-01 says the judge may give the anticipated character testimony only if formally summoned or subpoenaed. It distinguishes factual cooperation with a disciplinary agency from vouching for a lawyer's character.
Bar
JUDICIAL-WY
Issued
February 9, 2018

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This page answers the general question as of 2018. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2018
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Counsel for a lawyer facing discipline asked a judge to testify about the judge's experience with that lawyer. The anticipated questions concerned the lawyer's demeanor, honesty and candor toward the court, and competent representation. The committee treated those questions as potentially calling for character evidence, rather than only facts about specific events.

Rule 2.16(A) requires a judge to cooperate candidly and honestly with judicial and lawyer disciplinary agencies. The committee said this duty does not conflict with Rule 3.3's restriction on voluntary character testimony: the judge can supply facts about a specific instance without vouching for the lawyer's character.

For the proposed testimony reaching the lawyer's traits or competence, Rule 3.3 requires the judge to be duly summoned. The committee interpreted that phrase to require a formal summons or subpoena under the Rules of Civil Procedure or the presiding tribunal's rules. It also discussed the Rule 3.3 comment cautioning judges to discourage compelled character testimony except in unusual circumstances when justice requires it.

In practice

The opinion separates factual cooperation in discipline matters from testimony about a person's character. Its subpoena conclusion applies to the latter, including the anticipated opinions about the lawyer's honesty, candor, demeanor, and competence.

Common questions

Q: Can a judge voluntarily testify about a lawyer's character at a disciplinary hearing?

A: No. The committee says the judge may give character testimony only when formally summoned or subpoenaed.

Q: Does the duty to cooperate with a disciplinary agency override that limit?

A: No. The opinion says Rule 2.16(A) and Rule 3.3 do not conflict; a judge can cooperate by providing specific facts without vouching for character.

Q: Does any request to testify count as being duly summoned?

A: No. The committee interprets Rule 3.3 to require a formal summons or subpoena under the applicable procedural rules.

Background and rules framework

The opinion applies Wyoming Code of Judicial Conduct Rule 1.3 on judicial prestige, Rule 2.16(A) on cooperation with disciplinary agencies, and Rule 3.3 on character testimony and vouching in adjudicatory proceedings. It quotes the 2007 Model Code of Judicial Conduct's Rule 3.3 reporters' notes and comment to explain the restriction.

Citations and references

Wyoming Code of Judicial Conduct:

  • Canons 1, 2, and 3, judicial integrity, duties, and extrajudicial conduct.
  • Rule 1.3, judicial prestige.
  • Rule 2.16(A), cooperation with disciplinary agencies.
  • Rule 3.3, character testimony and vouching when duly summoned.

Other authorities cited:

  • 2007 Model Code of Judicial Conduct Rule 3.3, reporters' notes and Comment [1].

See also

No sibling opinions yet indexed.

Source

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