Wyoming Statutes

Wyo. Stat. § 7-6-105 (2026)

Advisement of rights; appointment of attorney.

✓ current as of May 2026

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(a) A needy person who is being interrogated by law
enforcement personnel for a serious crime, or who is a
probationer or parolee, shall be informed of his right to be
represented by an attorney at public expense. If the person
being interrogated does not have an attorney and wishes to have
the services of an attorney, he shall be provided the
opportunity to contact the nearest public defender.

     (b) At the person's initial appearance the court shall
advise any defendant who is a needy person of his right to be
represented by an attorney at public expense. The court shall
further explain to the needy person the possibility that he may
be ordered to reimburse the state for the costs associated with
his legal representation. If the person charged does not have an
attorney and wishes one, the court shall notify an available
public defender for the judicial district or shall appoint an
attorney to represent the needy person if no public defender is
available.

Notes of Decisions

Cited in 14 cases (2 in the last 5 years), 1991–2023 · leading case: Diane Lozano, State Pub. Def. v. The Circuit Court of the Sixth Jud. Dist. & Honorable Paul S. Phillips, Circuit Court Judge, 2020 WY 44 (Wyo. 2020).

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Diane Lozano, State Pub. Def. v. The Circuit Court of the Sixth Jud. Dist. & Honorable Paul S. Phillips, Circuit Court Judge, 2020 WY 44 (Wyo. 2020). · cites it 12× “Wyo. Stat. Ann. § 7-6-105 (b). [¶18] The circuit court interpreted section 104(a)’s statement, “The public defender shall represent as counsel any needy person,” to be a mandate that requires the public defender to accept all court appointments.”

Black v. State, 820 P.2d 969 (Wyo. 1991). · cites it 8× “She also cites Wyo. Stat. § 7-6-105(a) (1987) to support her argument that her statements should have been suppressed.”

Harlow v. State, 2003 WY 47 (Wyo. 2003). · cites it 4× “§ 7-6-105 (a) (Michie 1997), which provides: A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or paroles, shall be informed of his right to be represented by an attorney at public expense.”

Rothgery v. Gillespie Cnty., 554 U.S. 191 (2008). “06 (2003-2004); (43) Wyoming: see Wyo. Stat. Ann. § 7-6-105 (2007); Wyo. Rules Crim.”

Van Riper v. State, 882 P.2d 230 (Wyo. 1994). · cites it 3× “Section 7-6-107 provides: A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by [the Public Defender Act] if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the…”

Smith v. State, 902 P.2d 1271 (Wyo. 1995). · cites it 2× “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

Seaton v. State, 811 P.2d 276 (Wyo. 1991). · cites it 2× “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

Trujillo v. State, 2 P.3d 567 (Wyo. 2000). “§ 7-6-107 (Michie 1997) provides: A person who has been advised of his rights under W.S. 7-6-105 [entitled Advisement of rights; appointment of attorney] may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with…”

James v. State, 998 P.2d 389 (Wyo. 2000). · cites it 2× “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

Mapp v. State, 953 P.2d 140 (Wyo. 1998). “(1997), which addresses waiver of representation by the Public Defender: A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by * * * [the Public Defender Act] if at the time of or after waiver, the court finds that the person has acted…”

Wilkie v. State, 2002 WY 164 (Wyo. 2002). “(LexisNexis 2001) states: § 7-6-105(b) At the person's initial appearance the court shall advise any defendant who is a needy person of his right to be represented by an attorney at public expense.”

Rodriguez v. State, 2010 WY 61 (Wyo. 2010). “§ 7-6-107 is entitled “Waiver of Rights” and states: A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by this act if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the…”

Show all 14 citing cases →

— Wyo. Stat. § 7-6-105(3) — 1 case

Harlow v. State, 2003 WY 47 (Wyo. 2003). “§ 7-6-105 (a) (Michie 1997), which provides: A needy person who is being interrogated by law enforcement personnel for a serious crime, or who is a probationer or paroles, shall be informed of his right to be represented by an attorney at public expense.”

— Wyo. Stat. § 7-6-105(a) — 5 cases

Black v. State, 820 P.2d 969 (Wyo. 1991). “She also cites Wyo. Stat. § 7-6-105(a) (1987) to support her argument that her statements should have been suppressed.”

Smith v. State, 902 P.2d 1271 (Wyo. 1995). “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

Seaton v. State, 811 P.2d 276 (Wyo. 1991). “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

James v. State, 998 P.2d 389 (Wyo. 2000). “Where a person is initially provided with counsel pursuant to W.S. 7-6-105(a), but subsequently retains private counsel, the court may order the person to reimburse the state for the services already provided.”

— Wyo. Stat. § 7-6-105(b) — 3 cases

Diane Lozano, State Pub. Def. v. The Circuit Court of the Sixth Jud. Dist. & Honorable Paul S. Phillips, Circuit Court Judge, 2020 WY 44 (Wyo. 2020). “Wyo. Stat. Ann. § 7-6-105 (b). [¶18] The circuit court interpreted section 104(a)’s statement, “The public defender shall represent as counsel any needy person,” to be a mandate that requires the public defender to accept all court appointments.”

Van Riper v. State, 882 P.2d 230 (Wyo. 1994). “Section 7-6-107 provides: A person who has been advised of his rights under W.S. 7-6-105 may waive any right provided by [the Public Defender Act] if at the time of or after waiver, the court finds that the person has acted with full awareness of his rights and of the…”

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