Wyoming Statutes

Wyo. Stat. § 7-6-109 (2026)

Appointment of outside attorney.

✓ current as of May 2026

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(a) Nothing in this act shall prevent a court on its own
motion or upon application by the state public defender or by
the individual defendant, from appointing an attorney other than
the public defender to represent the defendant or to assist in
the representation of the defendant at any stage of the
proceedings or on appeal.

     (b) If a court assigns an attorney to represent a needy
person, it may recommend a reasonable rate of compensation for
his services and shall determine the direct expenses for which
he should be reimbursed. The state public defender shall
consider the court's recommendation and the customary
compensation as prescribed by the standard fee schedule
promulgated pursuant to W.S. 7-6-103(c)(vi), and shall pay the
appointed attorney for his services when the case for which he
was appointed is concluded.

     (c) An attorney appointed under subsection (b) of this
section shall be compensated for his services with regard to the
complexity of the issues, the time involved, prevailing local
fees of attorneys, the amount reasonably necessary to provide a
defense as is required by constitutional process and other
relevant considerations as determined by the court.

     (d) If a defendant initially retains counsel and then
requests the provision of counsel or any other defense services,
including but not limited to mental evaluations, expert
witnesses and witness travel expenses, the court shall make a
determination whether the defendant is a "needy person" under
this act, subject to the following:

            (i)   The procedures set forth in W.S. 7-6-106 shall be
followed;

           (ii) The court shall make the findings required by
W.S. 7-6-106 and rule 44 of the Wyoming Rules of Criminal
Procedure;

          (iii) The defendant shall complete an affidavit or
otherwise disclose on the record his entire financial situation,
including the amount he has already paid to retain defense
counsel, the source of those funds and whether additional funds
are available to him through any means;
          (iv) The defendant shall disclose the disposition of
any retainer and any amounts remaining; and

          (v) The state public defender shall be served by the
defendant's retained counsel with a copy of any such request and
shall be heard by the court prior to any decision on the
request.

Notes of Decisions

Cited in 3 cases, 1992–2020 · 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 8× “Wyo. Stat. Ann. § 7-6-109 . 4 Although we find the relevant provisions of the Act clear and unambiguous, we may still look to the law’s history to confirm its meaning.”

Janssen v. State, 2005 WY 123 (Wyo. 2005). · cites it 2× “Janssen must file a motion and affidavit requesting appointment of counsel and that a hearing would then be held pursuant to Wyo. Stat. Ann. § 7-6-109 (d). In that letter, the district court also expressed concern that proper arrangements had not been made to obtain transcripts…”

Munker v. Juv. Court, Seventh Jud. Dist., 837 P.2d 676 (Wyo. 1992). · cites it 3× “For example, Wyo.Stat. § 7-6-109 (1987) provides: (a) Nothing in this act shall prevent a court on its own motion or upon application by the state public defender or by the individual defendant, from appointing an attorney other than the public defender to represent the…”

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