TITLE 5 - COURTS
CHAPTER 1 - IN GENERAL
5-1-101. Qualifications of judges of supreme court and
district court.
No person shall be eligible for election or appointment to the
office of justice of the supreme court, or to the office of
judge of the district court, unless he shall possess the
qualifications prescribed for such office by the constitution of
the state of Wyoming and shall have practiced law in the state
of Wyoming at least one (1) year immediately preceding his
election or appointment.
5-1-102. Terms of judicial nominating commission members;
expenses; removal.
(a) The terms of the elected and appointed voting members
of the judicial nominating commission created by Article 5,
Section 4, Wyoming Constitution, shall be four (4) years except
the initial term for one (1) attorney and one (1) elector shall
be two (2) years and the initial term for one (1) attorney and
one (1) elector shall be three (3) years. The members of the
Wyoming state bar initially elected to the commission shall draw
lots to determine the term each shall serve. The governor shall
designate whether the length of the term of electors he
initially appoints to the commission shall be two (2), three (3)
or four (4) years. The governor may remove any member he
appoints as provided in W.S. 9-1-202.
(b) The members of the judicial nominating commission,
including any advisors, shall not receive any fees, salary or
other compensation for services rendered but are entitled to
receive per diem and mileage on the same basis and at the same
rate as state employees and reimbursement for any other actual
and necessary expenses incurred in the performance of commission
duties.
5-1-103. Terms of members of the commission on judicial
conduct and ethics; removal; expenses.
(a) The terms of members of the commission on judicial
conduct and ethics shall be those set out in Article 5, Section
6, Wyoming Constitution, and the rules adopted by the supreme
court as authorized by that constitutional provision.
(b) Members of the commission on judicial conduct and
ethics may be removed in accordance with rules adopted by the
supreme court in accordance with Article 5, Section 6, Wyoming
Constitution. Members appointed to the commission by the
governor may also be removed in accordance with W.S. 9-1-202.
(c) The members of the commission on judicial conduct and
ethics shall not receive any fees, salary or other compensation
for services rendered but are entitled to receive per diem and
mileage on the same basis and at the same rate as state
employees and reimbursement for any other actual and necessary
expenses incurred in the performance of the commission's duties,
but in any event such reimbursement shall not exceed funds
specifically appropriated by the legislature for the benefit of
the commission.
5-1-104. Retroactive application of provisions as to
qualifications.
This act shall have no retroactive application, and shall not
affect the incumbency of any present district judge.
5-1-105. Salaries of justices of supreme court and judges
of district courts.
Subject to the provisions of article 5, section 17 of the
Wyoming constitution as amended, the justices of the supreme
court and the judges of the district court shall receive annual
salaries as provided by law which shall be paid in monthly
installments at the end of each month, and upon request, the
state auditor shall draw warrants upon the state treasurer
accordingly, in favor of said justices and judges.
5-1-106. Retirement of judges of the supreme court or
district courts; pension; assignment of retired judges.
(a) A judge of the supreme court or district courts shall
retire when he attains the age of seventy (70) years. A judge is
eligible for retirement when he has served as a judge of the
supreme court, a district court or both for:
(i) Not less than eighteen (18) years;
(ii) Not less than fifteen (15) years and is
sixty-five (65) years of age or more;
(iii) Not less than twelve (12) years and is seventy
(70) years of age or more;
(iv) Not less than six (6) consecutive years and is
sixty-five (65) years of age or more;
(v) Less than six (6) years but continuously from the
date of appointment to the age of seventy (70) years;
(vi) Not less than twelve (12) years and is
fifty-five (55) years of age or more;
(vii) Not less than six (6) years and dies in office
or is retired by the supreme court for disability.
(b) Retired judges shall receive a maximum lifetime annual
pension of fifty percent (50%) of the salary currently
authorized by law for judges of the court from which they
retired. The pension of a judge retiring under paragraph
(a)(iv), (v), (vi) or (vii) of this section shall be that
proportion of the maximum allowable pension which the aggregate
number of years of his judicial service bears to eighteen (18)
years. The pension shall increase or diminish proportionately as
salaries of judges of the respective courts change. The pension
of any judge who retires under paragraph (a)(iv) of this section
at the age of seventy (70) with not less than six (6) but less
than twelve (12) years service shall be that proportion of the
maximum allowable pension which the aggregate number of years of
judicial service bears to twelve (12) years.
(c) To retire and receive a pension, a judge shall notify
in writing the governor and the state auditor the date he elects
to retire and shall furnish with the notice an affidavit showing
the date and place of his birth and his service as a judge
entitling him to a pension, provided, that a judge whose service
is terminated by expiration of the term for which he is elected
or appointed and whose service is such as to otherwise entitle
him to receive the pension herein provided, shall be deemed to
have retired.
(d) This section shall apply to judges who were appointed
prior to July 1, 1998 and to judges who have retired and are
receiving benefits under this section. Judicial retirement for
justices and judges appointed to the bench on or after July 1,
1998 is provided pursuant to W.S. 9-3-701 through 9-3-713.
(e) Any judge who is otherwise eligible to receive a
pension may receive the benefits accorded by this section if he
retires on the day of attainment of the age of seventy (70)
years, or prior thereto, provided that if he is a judge on the
effective date of this act, he may complete the present term for
which he was elected or appointed without the loss of any
pension benefits accorded by this section.
(f) Any justice of the supreme court or district court
judge of this state, who has retired pursuant to the provisions
of this section, and who is not practicing law, may,
notwithstanding his retirement, be called upon, with his
consent, at the request of a district court judge, with the
consent of the chief justice, or by the chief justice, and
assigned to service on any court. A retired justice or judge
shall receive as a salary during any period of assignment an
amount equal to the current compensation of a judge of the court
to which he is assigned. The salary received by a retired
justice or judge during any period of assignment shall not
affect the receipt of any retirement allowance received by the
retired justice or judge during the period of assignment.
Assignments of retired justices or judges under this section
shall only be made in a manner that does not jeopardize the
qualified status of state retirement plans established by the
Wyoming legislature. When called to serve, a retired judge or
justice shall receive the same per diem and travel allowances as
allowed active judges or justices. Per diem, allowances and
compensation shall be paid from the contingent fund of the court
to which the judge or justice is assigned.
(g) In lieu of the service retirement allowances provided
in subsection (b) of this section, any judge specified in
subsection (a) of this section may elect one (1) of the
following forms of retirement benefits which shall be the
actuarial equivalent of the allowance to which he would
otherwise be entitled as determined by the actuary for the state
retirement system:
(i) A full joint and survivor benefit which provides
reduced monthly service retirement benefit payments during the
retired member's life and upon his death after retirement
continues payments in the same reduced amount to a designated
beneficiary during the life of that beneficiary;
(ii) A half joint and survivor benefit which provides
reduced monthly service retirement benefit payments during the
retired member's life and upon his death after retirement
continues payments, in the amount of one-half (1/2) of such
reduced amount, to the designated beneficiary during the life of
that beneficiary.
(h) A judge who is eligible for retirement may elect one
(1) of the retirement benefit forms in subsection (g) of this
section during the time the judge is serving in office. Payment
of the pension or survivor benefit shall commence upon the
retirement of the judge or upon the death of the judge while
serving in office, based on the years of service at retirement
or death in office. If a survivor benefit was elected as
provided in paragraph (g) of this section by a judge who is no
longer in active service and dies before retirement, the
survivor benefit shall commence upon the earliest date the judge
would have been eligible to retire unless the designated
beneficiary elects a later date.
5-1-107. Personal jurisdiction; service of process outside
state.
(a) A Wyoming court may exercise jurisdiction on any basis
not inconsistent with the Wyoming or United States constitution.
(b) When the exercise of personal jurisdiction is
authorized by this section, service may be made outside this
state and proved according to the Wyoming Rules of Civil
Procedure or any order of the court.
5-1-108. Concurrent jurisdiction of the United States over
certain lands in Wyoming.
(a) Concurrent jurisdiction over crimes and offenses under
the laws of the state of Wyoming is hereby ceded to the United
States over and within all the territory dedicated to national
park, monument, historic site or public recreational purposes
included in tracts of land in Wyoming designated as:
(i) Grand Teton National Park;
(ii) John D. Rockefeller, Jr. Memorial Parkway;
(iii) Bighorn Canyon National Recreation Area;
(iv) Devils Tower National Monument;
(v) Fort Laramie National Historic Site; and
(vi) Fossil Butte National Monument.
(b) The concurrent jurisdiction ceded by subsection (a) of
this section shall be vested upon acceptance by the United
States by and through its appropriate officials, and shall
continue so long as the lands within the designated areas are
dedicated to national park, monument, historic site or public
recreational purposes.
5-1-109. Deaf and mute persons; rights enumerated.
(a) In all civil or criminal cases in which a deaf or mute
person is a party or in a grand jury proceeding where the person
is a witness, the presiding judge shall upon petition appoint a
qualified interpreter to assist the court and deaf person during
the proceedings. The cost for the interpreter's services may be
assessed as court costs.
(b) When a person who is deaf or mute is arrested for an
alleged criminal violation, he may request the appointment of an
interpreter. Unless the interpreter's services are waived by the
deaf or mute person, or unless the interrogation is conducted
entirely in writing in the case of a deaf or mute person able to
read and write, he shall not be required to submit to
interrogation or make a statement unless the interpreter is
present.
(c) An interpreter appointed under this section shall
serve the deaf or mute person and the court and shall in no
instance offer legal counsel, advice or assistance to the deaf
or mute person.
5-1-110. Salaries of judges.
(a) Subject to constitutional and statutory provisions
concerning when salaries can become effective, judges of the
supreme court, district courts, chancery courts and circuit
courts shall receive the following annual salaries which shall
be paid in equal monthly installments on the last working day of
the month:
(i) Supreme court justices shall receive an annual
salary of one hundred sixty-five thousand dollars ($165,000.00)
commencing July 1, 2012 and one hundred seventy-five thousand
dollars ($175,000.00) commencing July 1, 2019;
(ii) District court judges shall receive an annual
salary of one hundred fifty thousand dollars ($150,000.00)
commencing July 1, 2012 and one hundred sixty thousand dollars
($160,000.00) commencing July 1, 2019;
(iii) Circuit court judges shall receive an annual
salary of one hundred twenty-five thousand dollars ($125,000.00)
commencing July 1, 2017 and one hundred forty-five thousand
dollars ($145,000.00) commencing July 1, 2019;
(iv) Chancery court judges shall receive an annual
salary equal to the judges of the district courts.
(b) In addition to the salaries provided in subsection (a)
of this section, the legislature may provide through the budget
process salary cost of living increases comparable to the
increases provided to other state employees. Any such cost of
living salary increases shall be specifically stated in a
footnote to the budget bill by stating the total appropriation
required as a result of any such increases along with the new
salary amount to be provided to the supreme court, district
court and circuit court. Any salary increase under this
subsection shall be subject to constitutional and statutory
provisions concerning when salaries can become effective.
5-1-111. Full faith and credit for tribal acts and
records.
(a) The judicial records, orders and judgments of the
courts of the Eastern Shoshone and Northern Arapaho Tribes of
the Wind River Indian Reservation shall have the same full faith
and credit in the courts of this state as do the judicial
records, orders and judgments of any other governmental entity,
unless at least one (1) of the following conditions is shown not
to be met:
(i) The tribal documents meet the authentication
requirements of subsection (b) of this section;
(ii) The court is a court of record;
(iii) The court judgment is a valid judgment; and
(iv) The court certifies that it grants full faith
and credit to the judicial records, orders and judgments of the
courts of this state.
(b) To qualify for admission as evidence in the courts of
this state:
(i) Copies of acts of a tribal legislative body shall
be authenticated in accordance with the laws of the tribes and
attested to by the appropriate tribal secretary;
(ii) Copies of records, orders and judgments of a
tribal court shall be authenticated by the attestation of the
clerk of the court. The seal, if any, of the court shall be
affixed to the attestation.
(c) In determining whether a tribal court is a court of
record, the Wyoming court shall determine that:
(i) The court keeps a permanent record of its
proceedings;
(ii) Either a transcript or an electronic recording
of the proceeding at issue in the court is available;
(iii) Final judgments of the tribal court are
reviewable by a tribal appellate court; and
(iv) The court has authority to enforce its own
orders through contempt proceedings.
(d) In determining whether a tribal court judgment is a
valid judgment, the Wyoming court on the motion of a party may
examine the tribal court record to assure that:
(i) The court had jurisdiction of the subject matter
and over the person named in the judgment;
(ii) The judgment is final under the laws of the
rendering court;
(iii) The judgment was procured without fraud, duress
or coercion;
(iv) The judgment was procured in compliance with
procedures required by the rendering court; and
(v) The proceedings of the court comply with the
Indian Civil Rights Act of 1968 under 25 U.S.C. ยงยง 1301 to 1341.
(e) No lien or attachment based on a tribal court judgment
may be filed, docketed or recorded in this state against the
real or personal property of any person unless the judgment has
been filed following the procedures set forth in W.S. 1-17-701
et seq.
(f) This section shall not apply to the Tribal Water Code
nor any official documents, public acts, records or proceedings
of the Eastern Shoshone and Northern Arapaho Tribes related to
water rights or the administration of water laws.
(g) Nothing in this section shall be deemed or construed
to expand or limit the jurisdiction either of the state of
Wyoming or the Eastern Shoshone or Northern Arapaho Tribes.
CHAPTER 2 - SUPREME COURT
ARTICLE 1 - IN GENERAL
5-2-101. Regular terms.
There shall be held at the capital of the state two (2) regular
terms of the supreme court in each year, one (1) commencing on
the first Monday of April, and one (1) commencing on the first
Monday of October.
5-2-102. Number of justices; chief justice; head of
judicial system.
The supreme court of Wyoming shall consist of five (5) justices.
The justices shall choose one (1) of their number to serve as
chief justice, who shall serve at the pleasure of a majority of
the court. The supreme court is the head of the state judicial
system, and the chief justice is the chief administrator of the
duties prescribed by law to be performed by the court.
5-2-103. Special terms.
In addition to the regular terms of the supreme court, as fixed
by law, special terms of said court may be held for the
transaction of all business, when ordered by a majority of the
justices of said court.
5-2-104. One day notice of special term; order.
A special term of the supreme court shall be called upon not
less than one (1) day's notice by an order directed to the clerk
thereof, signed by the justices of the court ordering said
special term, and specifying the time and place of holding the
same; and upon the receipt of said order, the clerk of said
court shall immediately notify the bailiff and all officials of
said court, and such members of the court as shall not have
signed the order, of the contents of such order, and such order
shall be spread at large upon the journal of the court on the
record of the proceedings of the first day of said special term.
5-2-105. Transaction of business at special term; not to
interfere with regular term.
At any special term of the supreme court it shall be lawful to
transact all business that can be transacted by the court at a
regular term thereof, but no cause, action or proceeding shall
be heard at such special term without the consent of the parties
thereto, unless the matter presented be an ex parte application,
that may be granted without notice to the adverse party. The
ordering or holding of a special term of said court shall in no
wise interfere with any regular term or adjourned regular term
thereof.
5-2-106. Quorum.
A majority of the justices of the supreme court shall be
necessary to constitute a quorum for the transaction of
business. If there shall not be a quorum of the justices present
on the first day of any adjourned or regular term of the supreme
court, the court shall stand adjourned from day to day, until a
quorum shall be present, and the said court may, there being a
quorum present, adjourn from time to time to any date deemed
proper.
5-2-107. Causes may be matured to adjourned terms.
It shall be lawful to mature causes to any adjourned term or
terms of the supreme court, the same as to the beginning of any
term of the supreme court, and it shall be competent for the
said court to hear and determine causes at any such adjourned
term or terms, the same as though heard and determined at any
regular term of the said court, and as though such causes were
on the calendar or docket at the commencement of any regular
term thereof.
5-2-108. Process.
All process issued out of the supreme court, shall bear teste in
the name of the chief justice and shall be signed by the clerk
of said court, sealed with its seal, made returnable according
to law, and the same shall be executed by the officer or person
to whom the same is directed.
5-2-109. Undisposed proceedings to stand continued.
All matters, suits and proceedings undisposed of at any term of
the supreme court shall stand continued to the next succeeding
regular or adjourned term thereof.
5-2-110. Opinions to be in writing and filed; dissenting
opinion.
The opinion of the justices of the supreme court on any matter
pending before it, shall be given in writing and be filed with
the papers in the case, and when the justices thereof are
divided in opinion in any case, the fact of such division shall
be stated in the opinion and the dissenting justice may file his
opinion.
5-2-111. Seal.
The seal of the supreme court shall be that of the state of
Wyoming, substituting the words "Supreme Court of the State of
Wyoming" around the vignette of said seal.
5-2-112. Justices not to practice law.
No justice of the supreme court shall practice as an attorney in
any of the courts of this state, nor give advice touching any
cause pending, or to be brought therein.
5-2-113. Rules of practice for supreme court; effect of
rules.
It shall be the duty of the supreme court, from time to time, to
prescribe rules of practice for said court, not inconsistent
with the constitution or laws of this state, and when said rules
are adopted by said court, the same shall be as binding upon the
court, and the attorneys thereof, and the parties having
business therein as though the same were enactments of the
legislature of the state.
5-2-114. Rules and forms governing pleading, practice and
procedure in all courts; power to adopt, modify and repeal.
The supreme court of Wyoming may from time to time adopt, modify
and repeal general rules and forms governing pleading, practice
and procedure, in all courts of this state, for the purpose of
promoting the speedy and efficient determination of litigation
upon its merits.
5-2-115. Rules and forms governing pleading, practice and
procedure in all courts; application of rules.
(a) Such rules may govern:
(i) The forms of process, writs, pleadings and
motions and the subjects of parties, depositions, discovery,
trials, evidence, judgments, new trials, provisional and final
remedies and all other matters of pleading, practice and
procedure; and
(ii) Any review of or other supervisory proceedings
from the judgment or decision of any court, board, officer, or
commission when such review is authorized by law.
(b) Such rules shall neither abridge, enlarge nor modify
the substantive rights of any person nor the jurisdiction of any
of the courts nor change the provisions of any statute of
limitations.
5-2-116. Rules and forms governing pleading, practice and
procedure in all courts; rules to be entered in proceedings;
effective date; notice.
Upon the adoption of any rule or form the supreme court shall
enter it in its proceedings and shall fix the date upon which
such rule or form shall become effective but such effective date
shall be at least sixty (60) days after notice thereof has been
published by the supreme court in such publication as it may
designate. From and after the effective date of any such rule or
form all laws in conflict therewith shall be of no further force
or effect.
5-2-117. Rules and forms governing pleading, practice and
procedure in all courts; appointment and duties of advisory
committee.
The supreme court shall appoint an advisory committee to make
recommendations from time to time with respect to pleading,
practice and procedure. Such committee shall hold hearings upon
proposed rules in such manner and upon such notice as the
supreme court prescribes and report to the court from time to
time such recommendations as it deems proper.
5-2-118. Adoption of rules and regulations relative to the
practice of law.
(a) The supreme court of Wyoming shall, from time to time,
adopt and promulgate such rules and regulations as the court may
see proper:
(i) Prescribing a code of ethics governing the
professional conduct of attorneys at law;
(ii) Organizing and governing a bar association of
the attorneys at law of this state to act as an administrative
agency of the supreme court of Wyoming for the purpose of
enforcing such rules and regulations as are prescribed, adopted,
and promulgated by the supreme court under this act [section],
providing for the government of the state bar as a part of the
judicial department of the state government and for such
divisions thereof as the supreme court shall determine, and
requiring all persons practicing law in this state to be members
thereof in good standing, and fixing the form of its
organization and operation;
(iii) Establishing practice and procedure for
disciplining, suspending, and disbarring attorneys at law,
including suspending attorneys for failure to pay child support
as specified in W.S. 20-6-112.
5-2-119. Appeals from courts of limited jurisdiction.
Notwithstanding any other provision of law, any case in which
original jurisdiction is in a municipal court or a circuit court
may be appealed to the district courts and thereafter to the
Wyoming supreme court only if the supreme court grants a writ of
certiorari agreeing to hear the appeal. The Wyoming supreme
court shall adopt procedures under which the court will grant or
deny appeals to the court in such cases and provide the
standards and extent of review.
5-2-120. Judicial systems automation account created;
purposes; court information technology equipment.
(a) There is created an account entitled the "judicial
systems automation account." No funds shall be expended from the
account unless and until the legislature appropriates the funds.
Funds within the account shall be used by the supreme court for
the purchase, maintenance and operation of computer hardware,
including court information technology equipment, and software
to enhance the communication, records and management needs of
the courts of the judicial branch of the state of Wyoming.
Interest accruing to this account shall be retained therein and
shall be expended for the purposes provided in this section, as
appropriated by the legislature. Annually, the supreme court
shall develop a plan for all trial and appellate courts within
the state for the expenditure of funds from the account. Prior
to implementation, the plan shall be annually submitted to the
joint appropriations interim committee and joint judiciary
interim committee for review and comment.
(b) Implementation of court information technology
equipment that requires alteration of a county building pursuant
to W.S. 18-2-103(b) shall be accomplished in consultation with
the board of county commissioners or the board's appointed
designee.
(c) The supreme court shall install court information
technology equipment in all state court facilities in a phased
approach. Upon installation of court information technology
equipment in a state court facility, the supreme court shall
maintain and support the equipment installed by the supreme
court.
(d) As used in this section:
(i) "Court information technology equipment" means
hardware equipment located in state court facilities necessary
to meet, but not exceed, court information technology equipment
standards adopted by the board of judicial policy and
administration;
(ii) "State court facility" includes circuit,
chancery and district courtrooms, circuit and district court
jury rooms, circuit, chancery and district court judges'
chambers and the offices of circuit and chancery court clerks.
5-2-121. Indigent civil legal services account created;
purposes.
(a) There is created the indigent civil legal services
account to be administered by the supreme court. The account
shall receive all funds paid to the state treasurer from the
fees imposed to support indigent civil legal services, pursuant
to W.S. 2-2-401, 5-2-202, 5-3-205, 5-3-206, 5-6-108, 5-6-204,
5-6-303, 5-9-135, 5-9-144, 6-10-102 and 6-10-103. Funds within
the account shall be used by the supreme court for the
establishment and operation of a statewide program to provide
civil legal services to indigent individuals within the state.
Interest accruing to this account shall be retained in the
account and shall be expended for the purposes provided in this
section. No funds shall be expended from the account until the
legislature appropriates the funds.
(b) For the fiscal biennium commencing July 1, 2012 and
each fiscal biennium thereafter, the supreme court shall include
in its proposed budget a biennial budget and plan for the
account. Each biennial plan and proposed budget shall be
submitted to the joint appropriations interim committee and the
joint judiciary interim committee. Each biennial plan submitted
under this subsection beginning with the biennium commencing
July 1, 2012 shall include case statistics and program costs for
the preceding biennium. The joint judiciary interim committee
may submit any comments it deems appropriate to the joint
appropriations interim committee.
(c) The supreme court shall provide for the conduct of
audits of the account on a biennial basis beginning July 1,
2011. The audits shall be available for public review.
5-2-122. Indigent civil legal services program created;
purposes.
(a) An indigent civil legal services program is created to
be operated in accordance with the following:
(i) The supreme court shall develop a comprehensive
plan for funding a statewide program of civil legal services to
the indigent from the account. By November 1, 2010 and again by
May 1, 2011, the court shall submit to the joint appropriations
interim committee and the joint judiciary interim committee
reports on the plan of operation for the program;
(ii) The supreme court may operate the program
directly, or contract with a nonprofit organization to operate
the program;
(iii) The court shall adopt rules and regulations for
the program prior to implementation subject to the following:
(A) In adopting rules and regulations governing
the program the court shall set the following priorities, which
are not intended to be exclusive, but to provide direction on
the management and operation of the program:
(I) Cases in which an indigent individual
is a defendant in a lawsuit;
(II) Cases in which an indigent individual
is seeking to enforce a court order;
(III) Cases involving domestic relations
and family law;
(IV) Matters involving general legal advice
to indigent individuals.
(B) In adopting rules and regulations governing
the program, the court shall prohibit the program from providing
legal representation in the following areas:
(I) Cases seeking tort damages;
(II) Criminal defense;
(III) Cases against public agencies or
political subdivisions seeking to change or overturn existing
rules, regulations and policies. This prohibition shall not
limit the program's ability to represent indigent individuals
who are seeking benefits that may be owed them by public
entities.
(iv) The rules shall establish eligibility standards
for the receipt of services. The eligibility standards shall
require that civil legal services be funded from the account
only for individuals whose total household income does not
exceed two hundred percent (200%) of the federal poverty level;
(v) The program shall be operated in coordination
with other publicly or privately funded programs providing civil
legal services to the indigent with a goal of developing an
integrated system for the delivery of indigent civil legal
services on a statewide basis by July 1, 2011;
(vi) The program shall be coordinated with the
Wyoming state bar and other entities on private attorney
involvement, pro bono civil legal services and educational
programs;
(vii) For funding under the program, the program
shall establish a statewide single point of entry for indigent
civil legal services or establish other operations that allow
for simplified and easily available access to the program;
(viii) The program may grant funds to existing
eligible programs to assist in providing civil legal services
and may be used to enhance the civil legal services that the
existing programs are providing;
(ix) The program may receive grants and donations
which shall be deposited to the account;
(x) The program shall establish uniform standards for
the delivery of civil legal services and operate programmatic
and fiscal management programs to ensure accountability for all
funds.
5-2-123. Supreme court budget submittal.
The supreme court shall submit standard and supplemental budget
requests to the legislature not later than November 1 of the
year preceding the fiscal year in which the standard or
supplemental budget is to take effect. Subject to W.S. 9-2-
1003.1(d), the supreme court shall prepare all personal services
budget requests using the same methods and practices as the
executive branch.
ARTICLE 2 - CLERK
5-2-201. Duties generally.
The clerk of the supreme court shall be subject to and perform
the duties, prescribed for him by the supreme court, and as or
may be prescribed by law. He shall collect in advance, all fees
hereinafter enumerated to be paid for his services as such
officer.
5-2-202. Collection of fees.
The clerk of the supreme court shall collect the following fees
from the plaintiff in error or appellant, or in case of an
original proceeding the plaintiff or relator shall, at the time
of filing the petition in error or record on appeal or when
commencing the cause in this court, the sum of seventy-five
dollars ($75.00). At the time of filing, the clerk also shall
collect a court automation fee in the amount of fifty-five
dollars ($55.00) which shall be deposited into the judicial
systems automation account established by W.S. 5-2-120, and an
indigent civil legal services fee in the amount of ten dollars
($10.00) which shall be deposited into the indigent civil legal
services account established by W.S. 5-2-121. Other fees or
charges to be assessed within the clerk's office are to be
determined under rules of the supreme court.
5-2-203. Salary.
The clerk of the supreme court shall receive an annual salary as
provided by law which shall be paid in monthly installments at
the end of each month, and the auditor shall draw warrants upon
the treasurer payable to said clerk in payment of such salary.
5-2-204. Oath and bond.
The clerk of the supreme court shall take oath before one (1) of
the justices of said court prescribed for state officers by the
constitution of the state, and shall give a bond to the state of
Wyoming in such sum as shall be prescribed by the court, which
bond shall be for the faithful accounting for all moneys that
shall come into his hands as clerk, and for the faithful
discharge of his duty, and shall be approved by the chief
justice, and filed with the auditor of the state.
5-2-205. Deputy clerk; appointment; residence requirement;
oath; salary.
The clerk of the supreme court may, by and with the consent of
the justices of the supreme court, or a majority thereof,
appoint a deputy clerk, who shall reside where the supreme court
is held. The deputy shall take and subscribe a like oath with
his principal and may perform all the duties of the office in
the name of his principal, and the attestation of the deputy to
all decrees, orders and processes, shall have the same effect
and force as if issued by his principal. The deputy clerk shall
receive an annual salary to be determined by the supreme court
which shall be paid in monthly installments in the same manner
as other state salaries are paid.
5-2-206. Deputy clerk; appointment to be entered on
record; term.
Said appointment shall be entered on the records of said supreme
court, and shall hold good until revoked, and both appointment
and revocation, may be made as well in vacation as in term time.
5-2-207. Deputy clerk; liability of clerk for acts of
deputy.
The clerk of the supreme court shall be liable on his official
bond for all the acts of his deputy as clerk.
ARTICLE 3 - AILIFF
5-2-301. Office created; appointment; term.
There shall be a bailiff of the supreme court, who shall be
appointed by the justices of said court, and who shall hold his
office during the pleasure of said justices.
5-2-302. Powers and duties generally.
It shall be the duty of said bailiff to attend the sessions of
said court and preserve order therein; and he shall possess
authority to execute and serve summons in error, and other writs
and orders, issued out of and under the seal of said court, and
orders issued by the justices of said court or either of them;
and he shall perform such other duties as may be required of him
by said court or the justices thereof.
5-2-303. Fees.
The bailiff of the supreme court, for serving any summons in
error, or order, shall collect and pay into the state treasury,
the same fee which is provided by law for sheriffs for similar
services.
5-2-304. Salary.
The bailiff shall receive an annual salary to be determined by
the supreme court which shall be paid in monthly installments in
the same manner as other state salaries are paid.
ARTICLE 4 - PUBLICATION OF DECISIONS
5-2-401. Authority to contract for publication of reports.
The supreme court of the state of Wyoming is hereby vested with
full and complete authority to arrange and contract for timely
publication of its opinions from time to time, as may be
required, and the legislature shall make adequate appropriation
to defray the expenses thereof.
5-2-402. Distribution of copies of reports.
The books delivered to the librarian shall be distributed as
provided in this section. One (1) copy of each volume shall upon
request be delivered to each justice of the supreme court and to
each district judge there shall upon request be delivered as
many copies as he has counties in his district. The books shall
be retained in the offices of said officials and by them
delivered to their respective successors in office. One (1) copy
may be furnished to the library of the supreme court of the
United States at Washington, one (1) copy to the office of the
attorney general of the United States, and one (1) copy to the
United States district court for the district of Wyoming. The
remaining copies may be used in exchange for the reports of
other states and territories and governments as may be
determined upon by the justices of the supreme court, and a
reasonable number may be kept in the state law library.
5-2-403. Repealed By Laws 2013, Ch 6, ยง 2.
ARTICLE 5 - LAW LIBRARY
5-2-501. Expenditures.
The judges of the supreme court shall superintend and direct all
expenditures of money for the law library.
5-2-502. Session law exchange.
Upon request, the state law librarian may send to the library of
each state and territory of the United States, free of expense,
one (1) copy of the session laws of this state in exchange for
the laws of the requesting state or territory. All the laws
received in the exchange shall be deposited by the state law
librarian in the state law library and become the property of
this state.
CHAPTER 3 - DISTRICT COURTS
ARTICLE 1 - IN GENERAL
5-3-101. Judicial districts enumerated; terms of court.
(a) The state of Wyoming is divided into judicial
districts as follows:
(i) The county of Laramie is the first judicial
district;
(ii) The counties of Albany and Carbon are the second
judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(iii) The counties of Sweetwater, Lincoln and Uinta
are the third judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(C) Repealed by Laws 2019, ch. 54, ยง 2.
(iv) The counties of Johnson and Sheridan are the
fourth judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(v) The counties of Big Horn, Hot Springs, Park and
Washakie are the fifth judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(C) Repealed by Laws 2019, ch. 54, ยง 2.
(D) Repealed by Laws 2019, ch. 54, ยง 2.
(vi) The counties of Campbell, Crook and Weston are
the sixth judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(C) Repealed by Laws 2019, ch. 54, ยง 2.
(vii) Natrona county is the seventh judicial
district;
(viii) The counties of Converse, Platte, Goshen and
Niobrara are the eighth judicial district;
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(C) Repealed by Laws 2019, ch. 54, ยง 2.
(D) Repealed by Laws 2019, ch. 54, ยง 2.
(ix) The counties of Fremont, Teton and Sublette are
the ninth judicial district.
(A) Repealed by Laws 2019, ch. 54, ยง 2.
(B) Repealed by Laws 2019, ch. 54, ยง 2.
(C) Repealed by Laws 2019, ch. 54, ยง 2.
(b) Notwithstanding any other provision of law, there
shall be one (1) continuous term of court for the district
courts of the state. The continuous term of court shall in no
way affect the power of a court to take action in any cause or
matter.
5-3-102. Number of judges; distribution among districts;
concurrent jurisdiction; judicial conference to adopt rules.
(a) There shall be two (2) judges of the district court in
the second, fourth, fifth and eighth judicial districts, three
(3) judges of the district court in the ninth judicial district
and four (4) judges of the district court in the first, third,
sixth and seventh judicial districts. In the second judicial
district, one (1) judge shall reside in Albany county and one
(1) shall reside in Carbon county. In the third judicial
district two (2) judges shall reside in Sweetwater county. In
the fourth judicial district, one (1) judge shall reside in
Sheridan county and one (1) shall reside in Johnson county. In
the ninth judicial district one (1) judge shall reside in
Fremont county, one (1) judge shall reside in Teton county and
one (1) judge shall reside in Sublette county. All district
judges in the state shall have concurrent jurisdiction
throughout the state and for purposes of assignment, shall have
concurrent jurisdiction throughout the state with all circuit
court judges.
(b) The district courts shall be free of administrative
and fiscal control by the supreme court. There shall be a
judicial conference comprised of all district judges which shall
meet no less than twice per year. The conference shall
coordinate improvement efforts with the judicial administrative
conference and shall report to the joint judiciary interim
committee of such efforts annually on or before November 1. The
conference shall adopt rules governing the organization and
procedures of the conference which shall be published in the
court rules volume of the Wyoming statutes. The conference
shall adopt rules, which shall be binding on all of the district
judges, governing the administration of the district courts to
include, without limitation, personnel, fiscal and budgetary
policy except technology which shall be done to provide an
integrated statewide system in accordance with the efforts of
the judicial technology task force. The judicial conference
shall also adopt suitable rules to provide for division of the
work between the judges in multi-judge districts. The judicial
conference shall keep minutes of all meetings which, along with
all rules adopted by the conference, shall be filed with the
supreme court and be made available to the public.
5-3-103. Repealed by Laws 2019, ch. 54, ยง 2.
5-3-104. Repealed by Laws 2019, ch. 54, ยง 2.
5-3-105. Repealed by Laws 2019, ch. 54, ยง 2.
5-3-106. Judges to hold court for each other.
The judges of the several district courts shall hold courts for
each other, when from any cause, any judge of a district court
is unable to act or to hear, try or determine any cause in his
district; and in such event the judge so disqualified or unable
to act shall call upon one (1) of the other judges of the
district court to hear, try and determine such cause, and the
said judge so called upon, shall try, hear or determine said
cause with all the jurisdiction, power and authority possessed
by the judge of the district court of the district whereto he is
called to act as judge.
5-3-107. Assignment of acting or retired judge to another
district in case of death or other emergency.
If any judge of any district court in this state shall die, or
for any reason become unwilling or unable to perform the duties
of his office, the chief justice of the supreme court of the
state of Wyoming, by order to be duly entered in the records of
the district court of each county in such district, may assign
any district judge or any retired judge of this state, to
perform any and all judicial functions therein, until a
successor for such district shall have been appointed or elected
and qualified according to law, and such assigned judge shall
have the same jurisdiction and authority in such district as a
duly elected and qualified judge of such district.
5-3-108. Expenses of judges while acting on supreme bench.
All traveling expenses incurred by any district judge while
traveling to and from the capitol at Cheyenne, for the purpose
of sitting at the supreme court to hear and determine cases
presented before said court, and his expenses at the capitol,
while so engaged, shall be charged to the contingent fund of the
supreme court.
5-3-109. Expenses of judges when acting in another
district or circuit.
The expenses of any district judge holding court in any district
other than his own or in any circuit court pursuant to
assignment under W.S. 5-9-131, including his traveling expenses
to and from said district or circuit, and his expenses while
holding court therein, shall be charged to the contingent fund
of the court in whose district he is so holding court or to the
contingent fund of the circuit court in whose circuit he is so
holding court pursuant to assignment under W.S. 5-9-131.
5-3-110. Seal of the district court.
Each county shall provide the clerk of its district court with a
seal, the impression of which shall contain the following words:
"The District Court of Wyoming", together with the name of the
county in which the same is to be used.
5-3-111. County law library.
The board of county commissioners shall have the power to
establish and maintain in their respective counties, a county
law library, for the use and benefit of the judge of the
district court and other citizens of the state and shall have
the power to appropriate and set aside for the maintenance and
support of said library, such moneys as it shall deem necessary
or see fit. The district court of such county shall superintend
and direct all expenditures made for said library, and shall
have full power to make any rules and regulations, proper and
necessary for the preservation, increase and use of the library,
not inconsistent with law.
5-3-112. Assignment to circuit court judge.
(a) A judge of the district court may assign to a circuit
court judge any case or proceeding within the jurisdiction of
the district court subject only to the following restrictions:
(i) Rules promulgated by the supreme court;
(ii) Acceptance of the judge to whom the assignment
of the case or proceeding is to be made;
(iii) Consent of each plaintiff and each defendant in
a civil action wherein the amount in controversy is greater than
fifty thousand dollars ($50,000.00); and
(iv) Consent of both the prosecutor and the defendant
in a criminal case in which the defendant is charged with any
crime for which the aggregate sentences for all crimes charged
exceed five (5) years in prison.
(b) The law and rules governing district court and appeals
therefrom shall apply to a case or proceeding assigned pursuant
to this section.
5-3-113. District courts budget submittal.
All district courts shall submit standard and supplemental
budget requests to the legislature not later than November 1 of
the year preceding the fiscal year in which the standard or
supplemental budget is to take effect. The district courts shall
prepare all personal services budget requests using the same
methods and practices as the executive branch.
ARTICLE 2 - CLERK
5-3-201. Office created; term; election in counties of
first and second class; county clerk designated ex officio clerk
in other counties.
There shall be a clerk of the district court in each organized
county of the state whose term of office shall be four (4) years
and until his successor is elected and qualified. Clerks of the
district court shall be elected at general elections in counties
of the first and second class; and in all other counties the
county clerk shall be ex officio clerk of the district court,
and shall perform all of the duties pertaining to the office of
clerk of the district court.
5-3-202. Duties generally.
Each clerk of the district court shall keep and make up the
records and books of the court of his particular county, receive
all cases filed therein, properly record and attend to the same,
and shall have the care and custody of all the records, seal,
books, papers and property pertaining to his said office or the
court of the county for which he is elected and which may be
filed or deposited therein, and shall receive, account for and
pay over all money that may come into the possession of the
court according to law, and under the orders or decrees of the
court, except that which shall be received by master
commissioners. He shall keep all records and files in criminal
cases, and attend to all duties required of the clerk in
relation thereto. He shall attend upon the terms of court held
in the county for which he is elected, and perform such duties
relating to his office as may be required of him by the court,
and shall perform all such other duties relating to his office
as are required of him by law or the rules and practice of the
courts.
5-3-203. Vacation of office; filling of vacancies.
The office of the clerk of the district court shall be deemed
vacated under the circumstances provided by W.S. 22-18-101. Any
vacancy in the office of the clerk of the district court shall
be filled as provided by W.S. 22-18-111.
5-3-204. Salaries to be paid by county.
The salaries of clerks of the district courts shall be paid by
the county in which they respectively act, in monthly
installments, after services are performed.
5-3-205. Collection of fees in advance; payment to
treasurer; liability for collection.
(a) All fees prescribed by statute for civil business,
shall be collected in advance by the clerk and except as
otherwise provided in this section shall be paid to the
treasurer of the county at the end of each month. The clerk
shall be liable under his bond for the collection and payment of
such fees. The clerk shall remit:
(i) The court automation fee prescribed by W.S.
2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and
6-10-103 to the judicial systems automation account established
by W.S. 5-2-120 at the end of each month;
(ii) The indigent civil legal services fee prescribed
by W.S. 2-2-401(a)(iv), 5-3-206(a)(i), (vii) and (x), 6-10-102
and 6-10-103 to the indigent civil legal services account
established by W.S. 5-2-121 at the end of each month;
(iii) The police officer continuing education and
training fee prescribed by W.S. 31-5-1201(h) to the account in
the enterprise fund under W.S. 9-1-633(n) at the end of each
month.
5-3-206. Fees.
(a) For all civil matters filed or commenced, the clerk
of each district court shall charge the following fees:
(i) For filing instruments or documents in each civil
action and certifying one (1) copy of any order, decree or
judgment at the time of its filing for each party, an original
filing fee of one hundred sixty dollars ($160.00), which shall
be paid by the plaintiff. This fee shall apply to original
actions commenced and to actions that are reopened after a final
decree previously has been entered. Forty dollars ($40.00) of
the filing fee shall be for court automation, ten dollars
($10.00) shall be for indigent civil legal services and both
shall be remitted as provided in W.S. 5-3-205;
(ii) For issuing commission to take deposition,
seventy-five cents ($.75);
(iii) For taking depositions and the certificate,
seal and transmission thereof, five dollars ($5.00);
(iv) For taking affidavit or acknowledgment,
certifying and sealing same, fifty cents ($.50) for each person;
(v) For each certificate and seal, fifty cents
($.50);
(vi) For copying or photostating any record or paper
of the clerk's office when the instrument, record or paper
contains one (1) page, one dollar ($1.00), and when more, fifty
cents ($.50) for each additional page;
(vii) For all transcripts in cases appealed to the
supreme court, one hundred dollars ($100.00), including
certificates, seals and transmission. Forty dollars ($40.00) of
the fee under this paragraph shall be for court automation, ten
dollars ($10.00) shall be for indigent civil legal services and
both shall be remitted as provided in W.S. 5-3-205;
(viii) For copies of other documents made by a county
operator, fifty cents ($.50) for the first page and twenty-five
cents ($.25) for each additional page;
(ix) For filing, recording and issuing certificates
of intention to become citizens of the United States and for
final naturalization, including oath and record, in accordance
with the fee schedule of the United States immigration and
naturalization service;
(x) For docketing and in payment of clerk's fee after
docketing incident to any appeal or bill of exception from a
circuit court, one hundred dollars ($100.00), and for docketing
any transcript of judgment from a circuit court upon the
judgment and execution dockets, one hundred dollars ($100.00),
which amount shall be paid by appellant, or by judgment holder
to the clerk at time of docketing. Forty dollars ($40.00) of any
fee imposed under this paragraph shall be for court automation,
ten dollars ($10.00) shall be for indigent civil legal services
and both shall be remitted as provided in W.S. 5-3-205.
5-3-207. Statement of costs mailed to parties to actions.
If requested by a party to a case, the clerk of the court shall
make up an itemized statement of the court costs in the case and
mail a copy to the requesting party.
5-3-208. Amount of bond; conditions.
Each clerk upon entering on the duties of his office, shall give
a bond in the penal sum of not less than one hundred thousand
dollars ($100,000.00) to the county to be approved by the county
commissioners conditioned upon the faithful performance of the
duties of his office, the proper collection and turning over all
fees and the proper payment of all moneys collected by him and
he shall from time to time give such additional bond as the
judge of the court may require.
5-3-209. Clerk liable on bond for acts of deputies;
deputy's bond.
Each clerk shall be liable upon his official bond for all acts
of his deputies, but each clerk may take from his deputies a
bond to himself to indemnify him on account of the acts of his
deputies.
5-3-210. Duty as custodian of seal; seal to be attached to
official papers.
The clerk of the district court shall be custodian of the seal
of said court, which seal shall be kept in the office of the
clerk of the district court in the respective counties and shall
be attached to all writs, orders, or other instruments that the
clerk of the district court is now or may hereafter be required
or permitted to sign or certify in his official capacity.
5-3-211. Repealed by Laws 2019, ch. 24, ยง 2.
5-3-212. Entries on appearance docket and their effect.
The clerk shall enter on the appearance docket, at the time of
the commencement of an action or proceeding, the names of the
parties in full, with names of counsel, and forthwith index the
case, direct and reverse, in the name of each plaintiff and
defendant. He shall also enter at the time it occurs, under the
case so docketed, the issue of the summons or other mesne
process or order, and the filing of each paper, and he shall
note on the appearance docket the date of issuance, date of
service and how served and date of filing, which will be
evidence of such service.
5-3-213. Clerk not to act as attorney.
No clerk of the district court or county clerk in counties
wherein such clerk is ex officio clerk of the district court,
shall accept employment or retainer as an attorney-at-law or
give any advice as such in any action, cause or proceeding
pending in the court, wherein he is such clerk.
ARTICLE 3 - COMMISSIONERS
5-3-301. Appointment; number.
District courts of the several judicial districts of this state
are empowered to appoint such number of district court
commissioners in the several counties of their respective
judicial districts as the public interest may require.
5-3-302. Term of office; summary removal.
District court commissioners shall hold office during the
pleasure of the district court, and may be summarily removed.
5-3-303. Qualifications.
District court commissioners shall be learned in the law in this
state, residents of the district for which appointed, and
citizens of this state. To be learned in the law a person shall
have sufficient knowledge, skill, training or experience to
perform judicial functions.
5-3-304. Order of appointment to be made in open court and
entered on journal; use as evidence.
The order appointing each district court commissioner shall be
made in open court and entered upon the journal. A certified
copy of such journal entry shall be evidence of such appointment
in all the courts of this state.
5-3-305. Appointment and termination thereof to be
reported to county clerk.
When any court or the judge thereof, shall appoint a court
commissioner who shall be authorized to take acknowledgments and
administer oaths under this act, or whenever any court or the
judge thereof shall revoke the appointment of any such court
commissioner, or when any such commissioner shall resign, or his
appointment cease for any reason, it shall be the duty of the
clerk of said court to immediately notify, in writing, the
county clerk of each county embraced within the jurisdiction of
said court, of the making of said appointment or the termination
thereof, as the case may be.
5-3-306. Oath.
District court commissioners before entering upon the discharge
of their official duties, shall take and subscribe before the
clerk of the district court, of the county for which they were
respectively appointed, the oath of office provided by the
constitution.
5-3-307. Powers generally.
(a) Each district court commissioner shall have the powers
in respect to every suit or proceeding pending in the district
court of the county for which he was appointed, as follows:
(i) If no judge qualified to hear or act in the
proceeding or action is present in the county for which such
commissioner was appointed, to make any order which a judge of
the district court is authorized by law to make in chambers and
to hear and determine cases of mental illness or mental
incompetency, and to hold juvenile detention or shelter care
hearings;
(ii) To make any order which a judge of the district
court is authorized by law to make in chambers, upon the written
statement of such judge, filed with the papers, that he is
disqualified in such case;
(iii) To administer oaths;
(iv) To hear, try and determine all issues whenever
an application shall have been made for a change of judge;
(v) To take evidence and make findings, and report
the same to the district court;
(vi) To take depositions;
(vii) To punish persons for contempts committed
during hearings had before him;
(viii) To issue and enforce process for the
attendance of witnesses and production of evidence in all lawful
hearings before him, in the same manner and with like force as
the court might do if in session.
5-3-308. Fees.
The fees of the district court commissioners shall be fixed by
the district courts in which their services are rendered and may
be taxed as costs, paid from the budget of the district court or
from other funds available for that purpose.
5-3-309. Orders to be entered in court journal.
All orders made by, and proceedings had before district court
commissioners, shall be entered at length in the journal of the
district court of the county for which they were appointed, by
the district clerk, and shall be signed by the commissioners.
5-3-310. District court to review orders; approval or
disapproval.
The district court shall at each term review all orders made by,
and proceedings had before commissioners of such court during
vacation, and approve, disapprove, reverse or modify every such
order or proceeding.
5-3-311. Office of commissioner and clerk declared
incompatible.
The office of district court commissioner and clerk of the
district court are hereby declared to be incompatible and no
person shall occupy the office of district court commissioner
who is at the same time a clerk of the district court, or is a
county clerk in counties wherein such clerk is ex officio clerk
of court.
5-3-312. Commissioner not to act as attorney; when
attorney not to act as commissioner.
No district court commissioner shall accept employment or
retainer as an attorney-at-law, or give any advice as such in
any action, cause or proceeding pending before him as such
commissioner; and he shall not be authorized to act as such
commissioner, or exercise any of the powers thereof, in any
action, case or proceeding in which or as to the subject thereof
he shall have been engaged, employed or retained as an attorney,
or in reference to which and the subject thereof he shall have
given any advice.
ARTICLE 4 - REPORTER
5-3-401. Office created; appointment; term.
The office of official court reporter for each judge of each
judicial district in the state of Wyoming is hereby created and
each judge of each judicial district in the state of Wyoming is
hereby required and empowered to appoint one (1) court reporter
for his district, whose term of office shall be during the
pleasure of the judge making such appointment and until their
successor is appointed and qualified.
5-3-402. Repealed By Laws 2008, Ch. 27, ยง 2.
5-3-403. Duties generally; oath; furnishing transcripts.
Such reporter shall be in constant attendance upon the judge of
said court at all times, and shall be the clerk and stenographer
of the judge, and he shall be sworn to the faithful performance
of his duty, and take the oath of office required in the
constitution of this state, and shall remain in attendance on
the court, and take full stenographic notes in cases tried
during said attendance, of all testimony or admissions made by
either side, objections to the introduction of testimony, the
ruling of the court thereon, the exceptions taken thereto, and
such other proceedings as the court may direct, and shall
preserve such stenographic notes and furnish a transcript
thereof, or of any part of same, upon the request of any party
having an interest therein, provided, however, that if no
request for such transcript shall be made to the court reporter
for a period of ten (10) years subsequent to the hearing of any
cause wherein stenographic records have been taken, the said
court reporter may destroy his original stenographic records,
and, provided, further, however, that if a transcript shall be
furnished any party as provided herein, then and in that event,
the court reporter may destroy his original stenographic records
within a period of ten (10) years from and after the furnishing
of said transcript to the party or parties ordering same.
5-3-404. Criminal cases; reporting and transcript of
proceedings.
The court reporter for criminal cases prosecuted in the district
court shall report all testimony and all proceedings held in
open court, except informal discussions, informal instruction
conferences and pretrial conferences which shall be reported
when requested by a party. The reporter shall, within a
reasonable time, transcribe arraignment, plea, change of plea
and sentencing hearings and file the transcript in the official
court record.
5-3-405. Criminal cases; post-conviction proceedings.
In any case arising as a post conviction relief proceeding, W.S.
7-14-101 through 7-14-108, in which the presiding judge has
determined that the post conviction petition is sufficient to
require an answer, the court reporter shall transcribe the
record of the criminal proceeding in which the petitioner was
convicted in full unless the court shall, by written order,
determine that portions of the record are not required or
material for decision in the proceeding. Additionally, the court
reporter shall record evidentiary proceedings conducted under
this section and shall transcribe that record if an appeal is
taken.
5-3-406. Criminal cases; original and copy of transcript
to be furnished when required by order.
The official court reporter shall transcribe and furnish an
original and copy of the proceedings at the trial of any person
sentenced to any imprisonment where an order is or has been
entered so requiring.
5-3-407. Criminal cases; payment of fees; form and
contents of certificate.
The reporter shall be paid in full for all his services in
connection with the transcribing and filing or furnishing the
transcripts referred to in this act, the same fee for the
transcribing, filing, and furnishing of transcripts as provided
in W.S. 5-3-410. All such fees shall be paid out of the state
treasury on the warrant of the state auditor from appropriations
made for such purpose, upon presentation of a certificate signed
by the presiding judge setting the amount due said reporter.
Such certificate shall as to each original transcript, and copy
where fee for copy is authorized, set forth the title and number
of the cause in which the transcript was required to be
furnished, the nature of the proceedings transcribed, whether an
arraignment, proceedings at criminal trial or proceedings at
post conviction hearing, and the fee approved therefor. The
state auditor may prescribe the form of the certificate and
furnish same.
5-3-408. Bond.
Each official reporter, appointed as aforesaid, shall give a
bond to the state of Wyoming, with sufficient sureties, to be
approved by the judge of the district court of such district,
and filed with the secretary of state, in the sum of one
thousand dollars ($1,000.00), conditioned for the faithful and
efficient performance of the duties of said office.
5-3-409. Duty as judge's stenographer.
Each official reporter appointed under the provisions of this
act, as court reporter, shall also be the stenographer of the
judge of said court, and shall do and perform such stenographic
labor for the judge of said court as of him or her may be
required in his official capacity as judge.
5-3-410. Fees for civil cases; collection; to be paid into
state treasury; liability of reporter for collection.
(a) Repealed By Laws 2014, Ch. 18, ยง 1.
(b) Repealed By Laws 2014, Ch. 18, ยง 1.
(c) Repealed By Laws 2014, Ch. 18, ยง 1.
(d) Repealed By Laws 2014, Ch. 18, ยง 1.
(e) Repealed by Laws 2023, ch. 148, ยง 2.
(f) Fees for transcripts, records and other papers
required to be made and issued as the official reporter shall be
set by rule of the district court judicial conference
established in W.S. 5-3-102(b).
5-3-411. Salary.
Each official district court reporter in this state shall be
paid annual salaries as provided by law, payable in equal
monthly installments upon warrant of the state auditor upon the
state treasurer.
5-3-412. Substitute during absence or disability.
In case of sickness or if said official court reporter be unable
to attend to his official duties from any cause at any time, the
judge of the district court in each judicial district in this
state, when the trial of cases required to be reported
necessitates it, is authorized and empowered to obtain a
suitable and competent person as substitute for such official
court reporter, during such disability; such substitute to
receive the fees herein provided for in full compensation for
such services. And in all cases where any signature of the
official court reporter is required, the same, during the
absence or any such disability of the official court reporter
shall be signed by the person substituted therefor as acting
official court reporter, and in such cases the same shall have
the same legal force and effect as if signed by the official
court reporter.
ARTICLE 5 - PROBATION COUNSELORS
5-3-501. Definitions.
(a) When used in this act, the following definitions will
apply unless the context otherwise requires:
(i) Court.-The word "court" shall mean the district
or juvenile courts;
(ii) Counselor.-An officer appointed by the county
commissioners with the approval of the district judge in the
district where he is to be employed under the provisions of this
act to work with juvenile offenders, and parolees or
probationers;
(iii) Probationer.-Any person placed on probation
with the imposition and execution of sentence suspended after a
plea of guilty or nolo contendere or after conviction of any
offense in any district or juvenile court in Wyoming, or by any
court of a foreign state having jurisdiction to place such
offenders on probation, or any person who has been paroled
before sentence by any district or juvenile court;
(iv) Tense, Gender.-The singular includes the plural,
the plural the singular, and the masculine the feminine, when
consistent with the intent of the act.
5-3-502. Employment authorized; employment of 1 counselor
for 2 or more districts.
The county commissioners are hereby authorized to employ
sufficient counselors in such judicial district upon the written
request of the district judge or judges therein. In any district
where in the discretion of the district judge or judges the case
load does not justify the hiring of a counselor, a counselor may
be employed to work in two (2) or more districts.
5-3-503. Appointment after approval by district judge;
determination of maximum salary.
Counselors may be appointed by the county commissioners only
after the applicant is interviewed and approved by the district
judge or judges in the district in which he is to be employed.
The maximum salary of counselors appointed under the provisions
of this act, shall be determined by the county commissioners.
5-3-504. Duties.
(a) Each counselor employed under the provisions of this
act shall have the following duties:
(i) He shall make a complete social and background
investigation of all persons referred to him by the court. This
investigation shall include past violations, family background,
present source of income and family status. It shall include a
written recommendation as to disposition of the offender by the
counselor, which shall be submitted to the court prior to
sentencing:
(A) The investigation may be waived by the
offender unless the court specifically requests it;
(B) Special attention shall be given to minor
offenders in the effort to rehabilitate them toward responsible
citizenship;
(ii) He may make social history investigations where
requested by judges in cases where minors are involved. In such
cases he may assume authority where the offender is placed on
probation by the presiding officer;
(iii) He shall furnish to each person released on
probation and placed under his supervision a written statement
of conditions of the probation or parole and shall instruct each
of his charges thereon. Each counselor shall keep informed
concerning the conduct and conditions of each person in his
charge by making regular personal visits, and in other ways he
deems necessary or advisable;
(iv) A written report shall be submitted periodically
on each person under the counselor's supervision to the
department of corrections or, as appropriate, the department of
family services and a copy shall be sent to the judge having
jurisdiction of the case;
(v) He shall advise and counsel his charges and
encourage steps in the direction of rehabilitation and good
citizenship.
(b) All case records shall be confidential.
CHAPTER 4 - JUSTICES OF THE PEACE AND CONSTABLES
ARTICLE 1 - IN GENERAL
5-4-101. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-102. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-103. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-104. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-105. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-106. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-107. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-108. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-109. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-110. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-111. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-112. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-113. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-114. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-115. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-116. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-117. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-118. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-119. Repealed By Laws 2004, Chapter 42, ยง 2.
ARTICLE 2 - JUSTICE OF PEACE COURT SYSTEM
5-4-201. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-202. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-203. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-204. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-205. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-206. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-207. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-208. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-209. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-210. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-211. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-212. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-213. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-214. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-215. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-216. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-217. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-218. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-219. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-220. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-221. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-222. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-223. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-224. Repealed By Laws 2004, Chapter 42, ยง 2.
ARTICLE 3 - DISPOSITION OF RECORDS OF JUSTICES
5-4-301. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-302. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-303. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-304. Repealed By Laws 2004, Chapter 42, ยง 2.
5-4-305. Repealed By Laws 2004, Chapter 42, ยง 2.
ARTICLE 4 - POWERS AND DUTIES OF CONSTABLES TRANSFERRED
5-4-401. Office of constable abolished; duties transferred
to county sheriff; process to be served by sheriff.
Upon the effective date of this act, the office of constable
shall be abolished in Wyoming, and the functions, powers, and
duties of the office of constable shall be transferred to the
office of county sheriff. All process shall be served by the
office of county sheriff.
5-4-402. Transfer of powers to county sheriff.
Wherever the word "constable" appears in the Wyoming statutes,
any power, duty, responsibility, function, or jurisdiction of
the constable shall be transferred to the county sheriff.
CHAPTER 5 - COUNTY COURTS
5-5-101. Renumbered as 5-9-101 By Laws 2000, Ch. 24, ยง 3.
5-5-102. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-103. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-104. Renumbered as 5-9-103 By Laws 2000, Ch. 24, ยง 3.
5-5-105. Renumbered as 5-9-104 By Laws 2000, Ch. 24, ยง 3.
5-5-106. Renumbered as 5-9-105 By Laws 2000, Ch. 24, ยง 3.
5-5-107. Renumbered as 5-9-106 By Laws 2000, Ch. 24, ยง 3.
5-5-108. Renumbered as 5-9-107 By Laws 2000, Ch. 24, ยง 3.
5-5-109. Renumbered as 5-9-108 By Laws 2000, Ch. 24, ยง 3.
5-5-110. Renumbered as 5-9-109 By Laws 2000, Ch. 24, ยง 3.
5-5-111. Renumbered as 5-9-110 By Laws 2000, Ch. 24, ยง 3.
5-5-112. Renumbered as 5-9-111 By Laws 2000, Ch. 24, ยง 3.
5-5-113. Repealed by Laws 1978, ch. 45, ยง 2.
5-5-114. Repealed By Laws 2000, Ch. 24. ยง 5.
5-5-115. Renumbered as 5-9-112 By Laws 2000, Ch. 24, ยง 3.
5-5-116. Renumbered as 5-9-113 By Laws 2000, Ch. 24, ยง 3.
5-5-117. Renumbered as 5-9-114 By Laws 2000, Ch. 24, ยง 3.
5-5-118. Renumbered as 5-9-115 By Laws 2000, Ch. 24, ยง 3.
5-5-119. Renumbered as 5-9-116 By Laws 2000, Ch. 24, ยง 3.
5-5-120. Renumbered as 5-9-117 By Laws 2000, Ch. 24, ยง 3.
5-5-121. Renumbered as 5-9-118 By Laws 2000, Ch. 24, ยง 3.
5-5-122. Renumbered as 5-9-119 By Laws 2000, Ch. 24, ยง 3.
5-5-123. Renumbered as 5-9-120 By Laws 2000, Ch. 24, ยง 3.
5-5-124. Renumbered as 5-9-121 By Laws 2000, Ch. 24, ยง 3.
5-5-125. Renumbered as 5-9-122 By Laws 2000, Ch. 24, ยง 3.
5-5-126. Renumbered as 5-9-123 By Laws 2000, Ch. 24, ยง 3.
5-5-127. Renumbered as 5-9-124 By Laws 2000, Ch. 24, ยง 3.
5-5-128. Renumbered as 5-9-125 By Laws 2000, Ch. 24, ยง 3.
5-5-129. Renumbered as 5-9-126 By Laws 2000, Ch. 24, ยง 3.
5-5-130. Renumbered as 5-9-127 By Laws 2000, Ch. 24, ยง 3.
5-5-131. Renumbered as 5-9-128 By Laws 2000, Ch. 24, ยง 3.
5-5-132. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-133. Renumbered as 5-9-129 By Laws 2000, Ch. 24, ยง 3.
5-5-134. Renumbered as 5-9-132 By Laws 2000, Ch. 24, ยง 3.
5-5-135. Renumbered as 5-9-133 By Laws 2000, Ch. 24, ยง 3.
5-5-136. Renumbered as 5-9-134 By Laws 2000, Ch. 24, ยง 3.
5-5-137. Renumbered as 5-9-135 By Laws 2000, Ch. 24, ยง 3.
5-5-138. Repealed By Laws 2000, Ch. 24, ยง 5
5-5-139. Renumbered as 5-9-136 By Laws 2000, Ch. 24, ยง 3.
5-5-140. Renumbered as 5-9-137 By Laws 2000, Ch. 24, ยง 3.
5-5-141. Renumbered as 5-9-138 By Laws 2000, Ch. 24, ยง 3.
5-5-142. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-143. Repealed By Laws 2000, Ch. 24, ยง 5
5-5-144. Renumbered as 5-9-139 By Laws 2000, Ch. 24, ยง 3.
5-5-145. Renumbered as 5-9-140 By Laws 2000, Ch. 24, ยง 3.
5-5-146. Renumbered as 5-9-141 By Laws 2000, Ch. 24, ยง 3.
5-5-147. Renumbered as 5-9-142 By Laws 2000, Ch. 24, ยง 3.
5-5-148. Renumbered as 5-9-143 By Laws 2000, Ch. 24, ยง 3.
5-5-149. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-150. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-151. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-152. Renumbered as 5-9-144 By Laws 2000, Ch. 24, ยง 3.
5-5-153. Renumbered as 5-9-145 By Laws 2000, Ch. 24, ยง 3.
5-5-154. Renumbered as 5-9-146 By Laws 2000, Ch. 24, ยง 3.
5-5-155. Renumbered as 5-9-147 By Laws 2000, Ch. 24, ยง 3.
5-5-156. Renumbered as 5-9-148 By Laws 2000, Ch. 24, ยง 3.
5-5-157. Renumbered as 5-9-149 By Laws 2000, Ch. 24, ยง 3.
5-5-158. Renumbered as 5-9-150 By Laws 2000, Ch. 24, ยง 3.
5-5-159. Renumbered as 5-9-151 By Laws 2000, Ch. 24, ยง 3.
5-5-160. Renumbered as 5-9-152 By Laws 2000, Ch. 24, ยง 3.
5-5-161. Renumbered as 5-9-153 By Laws 2000, Ch. 24, ยง 3.
5-5-162. Renumbered as 5-9-201 By Laws 2000, Ch. 24, ยง 3.
5-5-163. Renumbered as 5-9-202 By Laws 2000, Ch. 24, ยง 3.
5-5-164. Renumbered as 5-9-203 By Laws 2000, Ch. 24, ยง 3.
5-5-165. Renumbered as 5-9-204 By Laws 2000, Ch. 24, ยง 3.
5-5-166. Renumbered as 5-9-205 By Laws 2000, Ch. 24, ยง 3.
5-5-167. Renumbered as 5-9-206 By Laws 2000, Ch. 24, ยง 3.
5-5-168. Renumbered as 5-9-208 By Laws 2000, Ch. 24, ยง 3.
5-5-169. Renumbered as 5-9-209 By Laws 2000, Ch. 24, ยง 3.
5-5-170. Renumbered as 5-9-210 By Laws 2000, Ch. 24, ยง 3.
5-5-171. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-172. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-173. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-174. Repealed By Laws 2000, Ch. 24, ยง 5.
5-5-175. Repealed By Laws 2000, Ch. 24, ยง 5.
CHAPTER 6 - MUNICIPAL COURTS
ARTICLE 1 - IN GENERAL
5-6-101. Created and established.
There is hereby created and established in each of the
incorporated cities or towns in the state of Wyoming, whether
incorporated or existing under a special charter or a general
act, and whether now in existence or hereafter incorporated
under the laws of the state, a municipal court for the trial of
all offenses arising under ordinances of said incorporated city
or town, as the case may be.
5-6-102. Municipal judges; number; jurisdiction.
Judges of municipal courts are termed municipal judges. The
number of municipal judges shall be prescribed by ordinance of
each incorporated city or town. The jurisdiction of municipal
judges shall be as prescribed either by special charter of the
incorporated city or town, by general law of the incorporated
city or town, or by general law of the state.
5-6-103. Appointment of municipal judges; qualifications.
Municipal judges shall be appointed by the mayor with the
consent of the council, and shall be qualified electors of the
state unless otherwise provided by ordinance.
5-6-104. Term of office; compensation.
The terms of municipal judges shall be the same as the terms of
other appointed officers of the city or town, unless earlier
removed for good cause as provided by law. Compensation shall be
prescribed by ordinance of the city or town.
5-6-105. Bond.
A municipal judge shall give a bond to the municipality for
which he is appointed in an amount provided by ordinance of the
city or town. The bond shall be conditioned on the performance
of his duties in accordance with law and ordinance of the city
including the duty to turn over to the parties entitled or as
prescribed by ordinance of the city all monies collected by him
by virtue of his office.
5-6-106. Procedure generally; additional rules may be
provided by ordinance; appeals.
The procedure of municipal courts shall conform to the procedure
provided by law and rules of procedure for courts of limited
jurisdiction. The incorporated city or town may by ordinance
provide any additional rules of procedure found necessary for
the proper conduct of municipal courts, provided these rules do
not conflict with the general laws of the state. Appeals to the
district court shall be allowed in all cases as now provided by
law for appeals from circuit courts.
5-6-107. Appeals to district court in certain cities or
towns.
In addition to all other methods heretofore provided by law, an
appeal from the judgment or sentence of a municipal court in any
city or town operating under a special charter or commission,
commission manager or manager form of government, may be taken
to the district court in the same manner as is now provided by
law for appeals from circuit courts in criminal cases, and shall
be dealt with by the courts as criminal cases.
5-6-108. Costs.
(a) Each city or town in the state of Wyoming may
prescribe by ordinance such costs in all trials before municipal
courts as may be necessary or deemed expedient. However, the
costs shall not exceed ten dollars ($10.00). All costs collected
shall be turned into the treasury of the city or town. By
ordinance a city or town may prescribe:
(i) A court automation fee of forty dollars ($40.00)
as a cost to be paid by every person guilty of a violation of a
city or town ordinance;
(ii) An indigent civil legal services fee of ten
dollars ($10.00) as a cost to be paid by every person guilty of
a violation of a city or town ordinance.
5-6-109. Postponement of trial for violation of city
ordinance; recognizance generally.
If a person charged with a violation of a city ordinance is held
to appear for examination or trial before a municipal judge, the
judge may postpone the trial of the case to a certain day. The
judge may require the defendant to enter into a recognizance
with sufficient sureties conditioned that he will appear before
the judge at the time and place appointed to answer the
complaint alleged against him.
5-6-110. Postponement of trial for violation of city
ordinance; sureties or deposit may be required; breach of
recognizance; procedure where offense not cognizable before
judge.
When a person is ordered by the municipal judge to enter into a
recognizance, he may at the discretion of the municipal judge be
permitted to sign his own recognizance, furnish sureties or
deposit in cash with the judge or his designee the amount named
in the bond. If the person so recognized fails to appear and
comply with all of the requirements of the bond, the judge
having cognizance shall, if there are no mitigating
circumstances, declare the bond forfeited and order the cash
deposited into the general fund of the treasury of the city. If
it appears to the judge the accused is triable for an offense
not cognizable before the judge, the judge shall halt further
proceedings and proceed as in other cases exclusively cognizable
before the district court.
5-6-111. Execution on judgments.
Upon assessment of any fine and costs for the conviction of a
violation of any ordinance of a city or town, judgment shall be
entered against the defendant in favor of the city or town. If
the judgment is not paid within ninety (90) days from the date
of the judgment the city or town may collect judgment by
execution in circuit court in the manner provided by law.
Except as otherwise provided by law all amounts recovered
pursuant to this section shall be deposited with the city or
town treasurer, used for the benefit of the city or town, and
credited against the fine and reasonable costs of collection.
5-6-112. Detention of juvenile offenders.
(a) No minor charged with violating a municipal ordinance
defined as a status offense under subsection (b) of this section
shall be detained in a jail.
(b) As used in W.S. 5-6-112 and 5-6-113:
(i) "Juvenile detention facility" means any facility
which may legally and physically restrict and house a child,
other than the Wyoming boys' school, the Wyoming girls' school,
the Wyoming state hospital or other private or public
psychiatric facility within the state of Wyoming. "Juvenile
detention facility" does not include any residential treatment
facility which is operated for the primary purpose of providing
treatment to a child. A juvenile detention facility may be
housed within an adult jail or correction facility if the
facility otherwise meets the requirements of state law;
(ii) "Minor" means an individual who is under the age
of eighteen (18) years;
(iii) "Status offense" means an offense which, if
committed by an adult, would not constitute an act punishable as
a criminal offense by the laws of this state or a violation of a
municipal ordinance, but does not include a violation of W.S.
12-6-101(b) or (c) or any similar municipal ordinance;
(iv) "Hardware secure juvenile detention facility"
means a facility used for the detention of minors that is
characterized by locks on the doors and other restrictive
hardware designed to restrict the movement of the minors and
protect public safety;
(v) "Shelter care" means as defined in W.S.
14-6-201(a)(xxii);
(vi) "Staff secure juvenile detention facility" means
a facility used for the detention of minors that is
characterized by a trained staff to supervise the movement and
activities of detained minors at the facility, without the
additional use of hardware secure equipment.
5-6-113. Incarceration of juvenile offenders.
(a) No minor convicted of a status offense shall be
sentenced to a term of imprisonment.
(b) A minor convicted of a misdemeanor or of violating a
municipal ordinance, other than a status offense, for which a
term of imprisonment is authorized, shall only be imprisoned in
a juvenile detention facility.
(c) Except for an alleged delinquent minor who is released
to the custody of the minor's parent, guardian or custodian,
with verbal counsel, warning or a written promise to appear in
court, the person taking the minor into custody shall ensure
that a juvenile detention risk assessment shall be promptly
performed, using a uniform assessment instrument designed by the
county sheriffs. If the risk assessment finds that the minor is
a serious risk to himself or to the safety of others, the minor
may be:
(i) Placed in a hardware secure juvenile detention
facility;
(ii) Transferred to a medical facility if the minor
is believed to be suffering from a serious physical or mental
illness that requires prompt diagnosis or treatment;
(iii) If the minor is not held pursuant to paragraph
(i) of this subsection, placed in shelter care or a staff secure
juvenile detention facility, or released to a parent, guardian
or other custodian who can provide supervision and care for the
minor pending the minor's appearance in court. If no space is
available in shelter care or a staff secure juvenile detention
facility, the minor may be held in a hardware secure juvenile
detention facility.
(d) A minor under the age of eleven (11) years shall not
be held in a hardware secure juvenile detention facility. If
the minor under the age of eleven (11) years poses a substantial
risk of harm to himself or others, a peace officer may detain
and transport the minor for an emergency mental health
evaluation.
(e) If a minor is taken into custody and is not released
to the minor's parent, guardian or custodian, the person taking
the minor into custody shall give notice thereof to the minor's
parent, guardian or custodian as soon as possible, and in no
case later than twenty-four (24) hours after taking the minor
into custody.
5-6-114. Special probation for minor defendants.
As a condition of probation or suspension of sentence, the court
may require a defendant who is a minor to successfully complete
a juvenile service program offered under the Community Juvenile
Services Act.
5-6-115. Process extends throughout the state.
A municipal judge may issue a statewide bench warrant for
violation of a municipal ordinance which contains the same
elements as a comparable state statute. The municipality in
which the court issuing the statewide bench warrant exists is
responsible for all costs incurred in executing the warrant,
including costs of housing and transporting a person arrested
under the warrant.
5-6-116. Suspension of fines on conditions.
(a) Notwithstanding W.S. 7-13-302 through 7-13-305, when
imposing a fine for breach of an ordinance that is punishable by
fine only, a municipal judge may suspend all or part of the fine
for a specified period, not to exceed six (6) months, during
which the defendant must meet specified conditions. The
conditions imposed shall only require the defendant to conform
his conduct to the requirements of the ordinance and shall not
prohibit lawful conduct. When suspending a fine, a municipal
judge must:
(i) Specify the amount of the fine to be suspended;
and
(ii) Specify the conditions the defendant must meet
to avoid imposition of the suspended portion of the fine,
including the date by which the conditions must be met.
(b) If a defendant fails to comply with the conditions
specified, the municipality may commence proceedings to impose
the suspended portion of the fine during the period of
suspension or within thirty (30) days thereafter. If after
notice and a hearing the court determines the defendant failed
to comply with the conditions of the suspended fine, the court
may proceed to deal with the case as if no suspension of fine
had been ordered.
ARTICLE 2 - CITIES OF THE FIRST CLASS
5-6-201. Jurisdiction of municipal judge; change of venue
prohibited; exception for certain civil penalties.
(a) Except as provided by subsection (b) of this section,
a municipal judge has exclusive jurisdiction over all violations
of ordinances of the city. The municipal judge shall hear and
determine violations of ordinances and may impose fines not
exceeding seven hundred fifty dollars ($750.00), or imprisonment
not exceeding six (6) months, or both, to which may be added
costs. No change of venue shall be granted in any case arising
under the ordinances of the city.
(b) A district court has jurisdiction to grant injunctive
relief and to impose any civil penalty authorized by ordinance
adopted pursuant to W.S. 15-1-103(a)(xlvi).
5-6-202. Powers and duties of municipal judge generally;
court to open every day except Sunday.
(a) The municipal judge shall be a conservator of the
peace and his court shall be open every day except Sundays to
hear and determine all cases cognizable before him. No act shall
be performed by the judge on Sundays except to receive
complaints, issue process and take bail.
(b) The municipal judge shall enforce due obedience to all
orders, rules and judgments made by him. The judge has the same
power as the district court in the issuance of warrant, search
warrant, subpoena or other necessary process and may fine or
imprison for contempt offered to him or to process issued by him
in the same manner and to the same extent as the district court.
Before any person is imprisoned for the willful refusal to pay a
fine, the court shall determine whether the defendant has an
ability to pay or that a reasonable probability exists that the
defendant will have an ability to pay.
5-6-203. Appeal.
In all cases before the municipal court arising under ordinances
of the city, wherein the fine assessed exceeds the sum of ten
dollars ($10.00) or the imprisonment ten (10) days, an appeal
may be taken by the defendant to the district court in and for
the county in which the city is situated, but no appeal shall be
allowed unless the defendant shall, within ten (10) days, enter
into recognizance with sufficient sureties to be approved by the
municipal court, conditioned for the payment of the fine and
costs of appeal, and the defendant shall abide the judgment of
the municipal court and not depart without leave of the court,
or that he will pay to the city of .... the sum of $..... The
procedure of the appeal shall be as prescribed for appeals from
circuit courts in criminal cases.
5-6-204. Fines and penalties to be paid to city treasurer;
report of cases; failure to comply with section.
All fines and penalties collected and arising from a breach of a
city ordinance shall be deposited with the city treasurer, and
the municipal judge shall report at the end of each calendar
month a list of all cases for violations of city ordinances
instituted in his court, and the disposition thereof, with a
statement of the fines, penalties and costs received. At the end
of each month the judge shall deposit with the city treasurer
all fines, penalties and costs received. If the municipal judge
fails to report and deposit all fines, penalties and costs for a
period of twenty-five (25) days, his office shall be declared
vacant. If a city enacts an ordinance prescribing a court
automation fee as provided in W.S. 5-6-108(a)(i), up to ten
dollars ($10.00) of the fee may be retained by the city solely
for the purpose of defraying costs and expenses related to
establishing and maintaining an electronic citation system. The
system shall collect and submit data in a form and manner
prescribed by the supreme court to comply with the requirements
of the judicial systems automation account under W.S. 5-2-120.
The remaining portion of the fee shall be remitted to the
judicial systems automation account established by W.S. 5-2-120.
If a city enacts an ordinance prescribing the indigent civil
legal services fee as provided in W.S. 5-6-108(a)(ii), the fee
shall be remitted to the indigent civil legal services account
established by W.S. 5-2-121.
5-6-205. Duty of municipal judge as to trial generally.
When a person is brought before the municipal judge upon
warrant, the judge shall hear and determine the complaint
alleged against the defendant.
5-6-206. Summoning and enforcing attendance of witnesses.
It shall be the duty of said justice to summon all persons whose
testimony may be deemed material as witnesses at the trial, and
to enforce their attendance by attachment if necessary.
5-6-207. Cases in municipal court.
Cases in the municipal court for violations of city ordinances
shall be tried and determined by the court without the
intervention of a jury, and the trial of such cases before the
court shall be conducted in all respects, not herein otherwise
provided for, in like manner as criminal cases before circuit
courts.
5-6-208. Assessment of punishment.
(a) If the defendant is found guilty, the municipal judge
shall declare and assess punishment and render judgment
accordingly.
(b) Repealed by Laws 1988, ch. 11, ยง 2.
5-6-209. Continuances; verbal notice to witnesses as to
new date of trial valid as summons.
When a trial shall be continued by the judge, it shall not be
necessary to summon any witnesses who may be present at the
continuance, but the judge shall verbally notify such witnesses
as either party may require to attend before him to testify in
the case on the day of trial, which verbal notice shall be as
valid as a summons.
5-6-210. Punishment regulated by ordinance; maximum fine
and imprisonment.
(a) Any person convicted by a municipal judge of any
offense under any ordinance of the city shall be punished by
fine or imprisonment or both as provided by ordinance. Except as
provided in subsection (b) of this section, no fine shall exceed
seven hundred fifty dollars ($750.00) for any one (1) offense
recoverable with costs, and no imprisonment shall exceed six (6)
months.
(b) A district court has jurisdiction to grant injunctive
relief and to impose any civil penalty authorized by ordinance
adopted pursuant to W.S. 15-1-103(a)(xlvi).
5-6-211. Working prisoners; credit for work done.
Whenever the defendant is sentenced to imprisonment for the
violation of a city ordinance, he may be put to work for the
benefit of the city, if it is determined that adequate
supervision is available, for the term of his imprisonment, and
when committed for the nonpayment of a fine, or costs, for the
violation of any ordinance, he may also be put to work for the
benefit of the city, and shall be credited on such fine and
costs, fifteen dollars ($15.00) per day for each day he shall
work.
ARTICLE 3 - INCORPORATED TOWNS
5-6-301. Punishment of persons convicted before judge;
maximum penalty permitted; power to punish for contempt.
(a) A person convicted before a municipal judge shall be
fined and imprisoned as provided by ordinance. Except as
provided by W.S. 15-1-103(a)(xli) or subsection (c) of this
section, no fine shall exceed seven hundred fifty dollars
($750.00), and no imprisonment shall exceed six (6) months.
(b) The municipal judge shall punish for contempt in the
same manner as district court. Before any person is imprisoned
for the willful refusal to pay a fine, the court shall determine
whether the defendant has an ability to pay or that a reasonable
probability exists that the defendant will have an ability to
pay.
(c) A district court has jurisdiction to grant injunctive
relief and to impose any civil penalty authorized by ordinance
adopted pursuant to W.S. 15-1-103(a)(xlvi).
5-6-302. Appeals from municipal court.
Appeals from the judgment or sentence of a municipal court may
be taken to the district court in the same manner as is now
provided by law for appeals from circuit courts in criminal
cases, and shall be dealt with by the courts as criminal cases.
5-6-303. Disposition of fines and penalties.
All fines and penalties collected, arising from a breach of the
ordinances of the town, shall be paid into the town treasury. If
a town enacts an ordinance prescribing a court automation fee as
provided in W.S. 5-6-108(a)(i), up to ten dollars ($10.00) of
the fee may be retained by the town solely for the purpose of
defraying costs and expenses related to establishing and
maintaining an electronic citation system. The system shall
collect and submit data in a form and manner prescribed by the
supreme court to comply with the requirements of the judicial
systems automation account under W.S. 5-2-120. The remaining
portion of the fee shall be remitted to the judicial systems
automation account established by W.S. 5-2-120. If a town enacts
an ordinance prescribing an indigent civil legal services fee as
provided in W.S. 5-6-108(a)(ii), the fee shall be remitted to
the indigent civil legal services account established by W.S.
5-2-121.
5-6-304. Citizens qualified to try causes where town a
party.
No person shall be an incompetent judge, justice or juror by
reason of his being an inhabitant or freeholder in such town, in
any action or proceedings in which such town may be a party in
interest.
CHAPTER 7 - CLERKS OF COURT
5-7-101. General duties of clerk; under direction of
court.
The clerk of each of the courts shall exercise the powers
conferred and perform the duties enjoined upon him by statute
and by the common law; and in the performance of his duties he
shall be under the direction of his court.
5-7-102. Precipe for writs and process.
All writs and orders for provisional remedies and process of
every kind shall be issued by the clerks of the several courts;
but before they are issued, a precipe shall be filed with the
clerk demanding the same.
5-7-103. Filing, preserving and use of papers; electronic
record retention permitted.
The clerk shall file together and carefully preserve in his
office, all papers delivered to him for that purpose in every
action or proceeding. He shall not permit the papers to be taken
from his office except to be used at a session of the court or
upon legal process, and he shall be liable upon his official
bond to the party suffering injury on account of any violation
of this section. This section shall not apply to matters in
probate. Upon the order of the judge of the district, the clerk
may transmit by express or registered mail to an attorney of the
state appearing in the action or proceeding, who resides in a
different county or away from the county seat, such original
files as are not represented by copies in the clerk's office,
and the clerk shall take the attorney's receipt for each paper
in each case. Nothing in this section shall limit or prohibit
the clerk from scanning or digitizing papers, disposing of the
originals in accordance with any rule or order issued by the
supreme court and retaining the digitized or imaged records in a
case management system in lieu of retaining the original papers
in a physical file.
5-7-104. Clerk's indorsement of papers.
The clerk shall endorse upon every paper filed with him the date
of the filing thereof, and upon every order for a provisional
remedy, and upon every undertaking given under the same, the
date of its return to his office.
5-7-105. Clerk to record proceedings of court.
The clerk shall record the proceedings of the court.
5-7-106. Repealed by Laws 2019, ch. 24, ยง 2.
5-7-107. Duties prescribed for clerks of district court
applicable to all clerks.
The provisions prescribing the duties of clerks of the district
court shall, so far as they are applicable, apply to the clerks
of other courts of record.
CHAPTER 8 - JUVENILE COURTS
5-8-101. Establishment; judges; courts of record.
Courts are established in each county of the state known as the
"Juvenile Court of .... County, Wyoming." The district court
judges of the state shall be the judges of the juvenile courts
in the counties of their respective districts. Each juvenile
court shall be a court of record with a seal and the judge,
commissioner and clerk thereof have power to administer oaths
and affirmations.
5-8-102. Jurisdiction.
(a) The juvenile court has general jurisdiction in all
matters and proceedings commenced therein or transferred to it
by order of the district court concerning:
(i) Any minor alleged to be delinquent as defined in
W.S. 14-6-201;
(ii) Any minor alleged to have committed a delinquent
act before attaining the age of majority;
(iii) Any minor alleged to be neglected as defined in
W.S. 14-3-402;
(iv) Any minor alleged to be in need of supervision
as defined in W.S. 14-6-402;
(v) The parents, guardian or custodian of any minor
alleged to be delinquent, in need of supervision or neglected,
and all persons living in the household with the minor.
(vi) Repealed by Laws 2023, ch. 184, ยง 5.
CHAPTER 9 - CIRCUIT COURTS
ARTICLE 1 - GENERAL PROVISIONS
5-9-101. Definitions; construction of provisions.
(a) As used in this act unless the context otherwise
requires:
(i) "Felony" means a criminal offense for which the
penalty authorized by law includes imprisonment in a state penal
institution for more than one (1) year;
(ii) "Misdemeanor" means a criminal offense which is
not a felony.
(b) When no special provision is otherwise made by law,
the circuit court shall be vested with all inherent powers which
are possessed by courts of record in this state.
5-9-102. Circuit court established; funding.
(a) Pursuant to the provisions of section 10 of article 5
of the Wyoming Constitution, a circuit court is hereby
established for each judicial district of the state of Wyoming
enumerated in W.S. 5-3-101, and the boundaries of each circuit
court shall be the same as those of each judicial district
enumerated therein. Except as otherwise provided in this act,
each county within the circuit shall receive the services of the
circuit court.
(b) The judicial salaries, salaries of the clerical staff,
supplies, operating costs, jury expenses and other expenses of
the circuit court shall be paid by the state.
5-9-103. Number and location of judges.
(a) The legislature shall from time to time authorize the
number and location of circuit court judges.
(b) The supreme court may, based on caseload studies,
determine where within a circuit the circuit court judge shall
reside.
5-9-104. Repealed by Laws 2018, ch. 108, ยง 3.
5-9-105. Extending jurisdiction to try misdemeanors
committed in violation of city or town ordinances.
The governing body of any city or town situate within a judicial
district in which a circuit court is established may petition
the supreme court to extend the jurisdiction of the circuit
court to determine and try all persons charged with violation of
the ordinances of the city or town. The contribution that the
city or town will make toward the expenses of the circuit court
whose jurisdiction includes enforcing the ordinances of the city
or town shall be set and paid as provided by written contract of
the circuit judges and the governing board of the city or town
involved, with the approval of the supreme court.
5-9-106. Disposition of money collected for violations of
city or town ordinances; disposition of fines and penalties
under general state laws.
All money collected by a judge of a circuit court for violations
of ordinances of a city or town shall be paid into the general
fund of the city or town whose ordinance was violated. The
circuit court shall keep separate account books of funds for
ordinance violations as designated by the Wyoming supreme court.
All fines and penalties under the general laws of the state
shall be paid into the county treasury to the credit of the
public school fund of the county.
5-9-107. Supreme court to adopt rules; establish fees and
court costs; rules of civil and criminal procedure to govern
courts.
The Wyoming supreme court is hereby vested with management and
supervisory powers over the circuit courts of the state of
Wyoming, and shall, by rule of the supreme court establish
procedures and regulations for the effective and expeditious
administration of the business of the circuit courts and shall
establish fees and costs for those courts. The Wyoming Rules of
Civil Procedure for Circuit Courts and the Wyoming Rules of
Criminal Procedure for Circuit Courts, as amended or
supplemented from time to time, shall govern circuit courts.
5-9-108. Name of court; presider.
The circuit court shall be called the "Circuit Court of the ....
(Number of the Judicial District) Judicial District, .... (Name
of County) County, State of Wyoming" which shall be a court of
record. The circuit court shall be presided over by a circuit
judge.
5-9-109. Term of judges.
The terms of circuit court judges shall be four (4) years. Each
judge selected under the provisions of article 5, section 4, of
the Wyoming Constitution shall serve for one (1) year after his
appointment and until the first Monday in January following the
next general election after the expiration of such year. He
shall, at such general election, stand for retention in office
throughout the circuit as provided in article 5, section 4, of
the Wyoming Constitution.
5-9-110. Judges to be nonpartisan; nomination and
appointment.
Judges of the circuit court shall be nonpartisan, shall be
nominated and appointed and retained as provided by article 5,
section 4, of the Wyoming Constitution.
5-9-111. Qualifications for appointment.
(a) To be eligible for appointment to the office of judge
of a circuit court, a person shall be:
(i) A qualified elector of the state; and
(ii) Authorized to practice law in Wyoming.
5-9-112. Appointment to fill vacancies in office.
Vacancies occurring in the office of judge of a circuit court
shall be filled as provided by article 5, section 4, of the
Wyoming Constitution.
5-9-113. Delivery of official records and papers to
successor in office.
If the office of judge of a circuit court becomes vacant by
reason of death, removal from office, or otherwise, the senior
circuit court judge, or if there is none, the clerk of the
district court shall take charge of the official records and
papers of the judge and deliver them to the successor in office
of that judge.
5-9-114. Jurisdiction of successor is same as that of
predecessor in office.
A judge of a circuit court with whom the records of his
predecessor have been deposited has the same jurisdiction over
all actions and proceedings entered in such records as if they
were originally commenced before him.
5-9-115. Repealed By Laws 2011, Ch. 57, ยง 1.
5-9-116. Salaries of judges; traveling expenses.
Circuit court judges shall receive the annual salary provided by
W.S. 5-1-110(a)(iii). When a new salary is effective for any
judge of a circuit court upon new appointment or the
commencement of a new term, it shall be effective for all judges
of the circuit courts. In addition to salary, the state shall
reimburse a judge of a circuit court for those traveling
expenses actually incurred when the business of the circuit
court requires his attendance more than five (5) miles from the
place where he regularly holds court.
5-9-117. Oath.
Before assuming the duties of his office, a judge of a circuit
court shall take and subscribe before a district judge or a
clerk of a court of record the oath of office prescribed by the
constitution of Wyoming.
5-9-118. Judge may be district court commissioner; private
practice of law prohibited; magistrate of circuit court
permitted to practice law.
A judge of a circuit court may be appointed to and hold the
office of district court commissioner. A judge of a circuit
court shall devote full time to the office and may not engage in
the private practice of law. A magistrate of a circuit court,
who is otherwise authorized to practice law in Wyoming, may
engage in the private practice of law so long as that practice
does not conflict with his duties as magistrate of a circuit
court.
5-9-119. Judges may hold court for each other; expenses of
judge holding court in another circuit or district;
disqualification of judge; change of venue prohibited;
assignment of retired judges.
(a) The judges of the circuit courts may hold court for
each other and shall do so when required by law. The expenses of
any judge of a circuit court holding court in any circuit other
than his own or in any district court pursuant to assignment
under W.S. 5-3-112, including travel expenses and his expenses
while holding court, shall be charged to the contingent fund of
the circuit court in whose circuit he is holding court or to the
contingent fund of the district court in whose district he is
holding court pursuant to assignment under W.S. 5-3-112.
(b) A party to any action in circuit court may disqualify
a circuit judge as provided by rules adopted by the supreme
court for disqualification. Upon disqualification, or inability
for any reason to fulfill his duties, the circuit judge shall
appoint another circuit judge from his own or a different
circuit or a district judge from his own or a different
district, or a magistrate from the county in which the case is
to be tried if no other circuit judge is available, to try the
action.
(c) There shall be no change of venue for civil actions
triable in circuit court.
(d) Any retired circuit court judge of this state who is
not practicing law may, with his consent and the consent of the
chief justice, at the request of a circuit court judge be
assigned to hear a case in a circuit court as otherwise
authorized by law. During any period of assignment, a retired
circuit court judge shall receive as compensation an amount
equal to the current compensation of a judge of the court to
which he is assigned. The compensation received by a retired
circuit court judge during any period of assignment shall not
affect the receipt of any retirement allowance of the retired
circuit court judge during the period of assignment.
Assignments of retired circuit court judges under this section
shall only be made in a manner that does not jeopardize the
qualified status of state retirement plans established by the
Wyoming legislature. When called to serve, a retired circuit
court judge shall receive the same per diem and travel allowance
as allowed active circuit court judges. Per diem allowances and
compensation shall be paid from the contingent fund of the court
to which the retired judge is assigned.
5-9-120. Judicial robe.
While holding court, judges of a circuit court shall wear a
black judicial robe.
5-9-121. Seal of court.
Each circuit court shall have a seal. Each court shall use a
seal having upon it the inscription: "Circuit Court of the ....
(Number of the Judicial District) Judicial District, .... (Name
of County) County, State of Wyoming". The seal of a circuit
court shall be affixed by a stamp that reproduces legibly under
photographic processes. A judge of a circuit court shall affix
his seal to every jurat or certificate of his official acts
without additional fee.
5-9-122. Budget.
The supreme court shall submit one (1) budget for the operation
of all circuit courts, itemized by circuit, to the legislature
for appropriation for each biennial period using forms and
following procedures provided by law for state agencies funded
by legislative appropriation. The supreme court shall submit
the circuit courts' budget in the same manner as provided for
the supreme court budget in W.S. 5-2-123.
5-9-123. Clerical assistants.
A judge of a circuit court may appoint clerical assistants as
necessary for the efficient operation of the court, within the
limits of the approved budget.
5-9-124. County to provide quarters and equipment; state
to furnish certain property for judges.
The board of county commissioners shall provide suitable
quarters to house the circuit court and shall provide necessary
furniture and fixtures to enable it to function in accordance
with this act. Each judge shall be furnished by the state of
Wyoming, without charge, the American and Wyoming state flags,
the latest edition of the Wyoming Statutes, cumulative
supplements thereto and the latest Session Laws of Wyoming. All
property furnished to a judge shall remain the property of the
governmental unit supplying the same, and upon termination of a
judge's term of office, shall be transmitted to his successor in
office.
5-9-125. Court continuously in session.
The circuit court shall be continuously in session.
5-9-126. Business hours; judge to be always available for
criminal matters.
Circuit courts shall be open for the transaction of business
during regular business hours, and in criminal matters a judge,
magistrate or district court commissioner shall be available at
all times for fixing and accepting bail, issuing warrants
including search warrants, and conducting arraignment
proceedings.
5-9-127. Process extends throughout state.
The process of a circuit court shall extend throughout the
state.
5-9-128. Civil jurisdiction.
(a) Each circuit court has exclusive original civil
jurisdiction within the boundaries of the state for:
(i) An action where the prayer for recovery is an
amount not exceeding fifty thousand dollars ($50,000.00),
exclusive of court costs;
(ii) Actions to recover specific personal property
the value of which does not exceed fifty thousand dollars
($50,000.00), exclusive of court costs and shall be prosecuted
in accordance with W.S. 1-15-301 through 1-15-306;
(iii) Actions to foreclose or enforce a lien on or
security interest in personal property perfected under the
Uniform Commercial Code, W.S. 34.1-1-101 through 34.1-10-104,
when the amount claimed on the lien or security interest does
not exceed fifty thousand dollars ($50,000.00), exclusive of
court costs;
(iv) Actions for small claims as provided by W.S.
1-21-201 through 1-21-205;
(v) Actions for forcible entry or detainer as
provided by W.S. 1-21-1001 through 1-21-1016;
(vi) Actions to foreclose and enforce the following
statutory liens only, when the amount claimed on the lien does
not exceed fifty thousand dollars ($50,000.00), exclusive of
court costs:
(A) Construction liens as provided by W.S.
29-2-101 through 29-2-113;
(B) Liens for labor and materials as provided by
W.S. 29-4-101 and 29-4-102;
(C) Liens for labor and services as provided by
W.S. 29-5-101 through 29-5-106 and 29-7-101 through 29-7-301;
and
(D) Liens for taxes as provided by W.S.
39-15-108(d) and 39-16-108(d).
(vii) Actions to dispose of an abandoned vehicle as
provided by W.S. 31-13-112(e), regardless of the value of the
abandoned vehicle.
(b) The circuit court may issue writs of attachment or
garnishment as provided by W.S. 1-15-101 through 1-15-212 and
1-15-401 through 1-15-511, and may issue judgment, execution and
stay of execution, and order the sale of the property seized
under execution as provided by W.S. 1-19-101 through 1-19-108
and 1-21-401 through 1-21-703. A writ of execution issuing from
a circuit court shall be in the form and subject to the
provisions of W.S. 1-17-308.
(c) The judge may submit to arbitration any civil matter
pending in circuit court, upon agreement of the parties as
provided by W.S. 1-21-801 through 1-21-804, or upon application
of either party showing an arbitration agreement and refusal of
the opposing party to arbitrate as provided by W.S. 1-36-101
through 1-36-119.
(d) The provisions of W.S. 5-1-107 pertaining to the
exercise of personal jurisdiction apply in the circuit courts.
(e) The circuit court shall have jurisdiction to enforce
and make findings under the Uniform Fiduciary Access to Digital
Assets Act, W.S. 2-3-1001 through 2-3-1017. This jurisdiction
shall include the authority to make necessary findings
concerning compliance with federal law as required by the
Uniform Fiduciary Access to Digital Assets Act.
5-9-129. Criminal jurisdiction.
Circuit courts have original jurisdiction in all misdemeanor
criminal cases.
5-9-130. Concurrent jurisdiction.
For purposes of assignment, all circuit court judges throughout
the state shall have concurrent jurisdiction with all district
court judges throughout the state.
5-9-131. Assignment to district court judge.
(a) A circuit court judge may assign to a district court
judge any case or proceeding within the jurisdiction of the
circuit court subject only to the following restrictions:
(i) Rules promulgated by the supreme court; and
(ii) Acceptance of the judge to whom the assignment
of the case or proceeding is to be made.
(b) The law and rules governing circuit court and appeals
therefrom shall apply to a case or proceeding assigned pursuant
to this section.
5-9-132. Authority to set bail; preliminary examinations.
(a) Judges and magistrates of the circuit court are
authorized to set bail before trial in accordance with this
subsection and with the rules of the Wyoming supreme court.
Judges and magistrates of the circuit court shall have the power
and the duty to decide promptly the bail application of any
person arrested for a violation of state law within the county,
whether or not the formal document charging the person with a
violation of state law has been filed with the court.
(b) Preliminary examinations for persons charged with a
felony shall be conducted by the circuit court judge or
magistrate.
(c) Preliminary examinations of persons charged with a
misdemeanor shall not be conducted for a determination of
probable cause.
5-9-133. Powers generally.
(a) A circuit court may:
(i) Preserve and enforce order in its immediate
presence and in the proceedings before it according to the
Wyoming Rules of Criminal Procedure for Circuit Courts and
punish for contempt as provided therein;
(ii) Compel obedience to its judgments, orders, and
processes;
(iii) Control, in furtherance of justice, the conduct
of its ministerial officers, and of all other persons in any
manner connected with judicial proceedings before it, in every
matter pertaining thereto;
(iv) Issue warrants, including search warrants,
summonses, subpoenas or other process in civil and criminal
cases;
(v) Administer oaths and affirmations and take bail,
acknowledgments, affidavits, and depositions;
(vi) Amend and control its process and orders to make
them conformable to law and justice;
(vii) Proceed to trial, render judgment, and grant
writs of execution to carry into effect any order or judgment of
the court;
(viii) Perform marriage ceremonies.
5-9-134. Probation; correction and reduction of sentence.
The circuit court may place a criminal defendant on probation
pursuant to W.S. 7-13-301 through 7-13-307. Notwithstanding any
other provision of law, the probation period for a defendant
whose disposition includes participation in a substance abuse
treatment program or a court supervised treatment program may
exceed the maximum term of imprisonment established for the
offense, but shall not exceed three (3) years. The court shall
conduct, on at least a monthly basis, a review on the progress
of a defendant sentenced to treatment under this section. The
review may be conducted in a manner the court deems appropriate,
but shall include receiving regular progress reports from the
treatment provider.
5-9-135. Filing fee.
For all civil matters the circuit court shall collect from the
plaintiff an original filing fee of twenty dollars ($20.00), a
court automation fee of forty dollars ($40.00), and an indigent
civil legal services fee of ten dollars ($10.00) excluding small
claims civil actions as provided in W.S. 1-21-201 through 1-21-
205 which shall have a filing fee of ten dollars ($10.00). The
court automation fee shall be deposited into the judicial
systems automation account and the indigent civil legal services
fee shall be deposited into the indigent civil legal services
account as provided by W.S. 5-9-144.
5-9-136. Request for jury in civil actions; fee; right to
jury in criminal actions.
In civil actions in a circuit court, a jury shall be considered
waived unless demand is made by either party as provided by the
Wyoming Rules of Civil Procedure and a jury fee in the amount
provided by the Wyoming Rules of Civil Procedure is paid to the
clerk of the circuit court and thereafter is deposited and
dispersed as provided by the Wyoming Rules of Civil Procedure.
In criminal proceedings in a circuit court the accused shall
have the right to a trial by jury unless such right is waived as
provided by the Wyoming Rules of Criminal Procedure.
5-9-137. Jury lists.
Jurors shall be selected from the jury lists selected for the
district courts of the state pursuant to the provisions of W.S.
1-11-101 through 1-11-204.
5-9-138. Abstract of judgment; lien of judgment on real
estate; lien on real estate in another county.
(a) At any time while the papers in any case in which a
judgment has been rendered by a circuit court are retained by
the court, the judge shall certify and deliver an abstract of
the judgment to any person on the payment of a five dollar
($5.00) fee.
(b) The judgment creditor in any judgment rendered in
circuit court may file with the clerk of the district court and
record with the county clerk of the county in which the judgment
was rendered a transcript thereof, certifying therein the amount
paid thereon, if any. The clerk of the district court shall
enter the case on the execution docket, together with the amount
of the judgment. If within ten (10) days after the judgment was
rendered, the judgment debtor pays the same or gives bond for
stay of execution, the circuit judge shall immediately certify
that fact to the clerk of the district court and the county
clerk. The clerk of the district court shall enter a memorandum
thereof upon the execution docket. The cost of the transcript,
the filing, recording and the entry on the docket shall be paid
by the party who files and records the transcript and may be
taxed to the other party. The judgment shall be a lien on the
real estate of the judgment debtor within the county from the
day and time the transcript is recorded with the county clerk.
Execution may be issued on the judgment at any time after filing
the transcript with the clerk of the district court as if the
judgment had been rendered in the district court.
(c) The judgment creditor in any judgment rendered by any
circuit court in this state and filed in the judgment record of
the district court, may file a transcript of the judgment record
of the district court with the clerk of the district court and
record a transcript of the judgment with the county clerk in any
other county within this state where the judgment debtor owns
real estate. The judgment is a lien upon all real estate of the
judgment debtor in any county in which the transcript is
recorded with the county clerk from the date of recording with
the county clerk. The clerk of the district court of any county
in which the transcript is filed shall enter the judgment upon
the judgment records of the court in the same manner as
judgments are rendered in that court.
5-9-139. Reporting of proceedings; preservation thereof.
(a) In any judicial proceedings before the circuit court,
unless waived by the parties whenever the presiding judge of a
circuit court shall deem it necessary, or upon the request of
either party, the court shall provide for the reporting of the
testimony and proceedings, with objections made, the rulings of
the court, and oral and written charges. The reporting may be
made by stenographic reporting, electronic recording or other
appropriate means authorized by the court.
(b) The testimony and proceedings shall be retained and
preserved for at least twelve (12) months after entry of final
judgment, sentence, or order on appeal if an appeal is taken.
5-9-140. Appointment of special reporters; certification
of transcript.
If the record is to be made by a stenographic reporter, the
judge shall appoint a special stenographic reporter to report
the testimony and proceedings. If the record is made by means of
electronic recording, the judge shall appoint a special reporter
to make the electronic recording, and in those cases in which it
is required, the judge shall appoint an official stenographer to
furnish with reasonable diligence a typewritten transcript of
the testimony and proceedings. The report of the official
stenographer, when typewritten and certified by him as a correct
transcript of the testimony and proceedings in the case, shall
be prima facie a correct statement of such testimony and
proceedings. The signature of the stenographer on the
certification of the transcript shall be duly acknowledged by
him before a notarial officer of this state.
5-9-141. Civil and criminal cases reviewed on record.
In civil and criminal cases a judge of a district court shall
review the case on the record on appeal.
5-9-142. Stay of execution on judgment; bond.
In a civil matter no execution on a judgment may be stayed
unless and until the party applying for the appeal, or someone
for him, gives bond in an amount and with sufficient surety
approved by the judge of the district court or the clerk of the
district court, to abide by such judgment as may be rendered on
appeal if such appeal is perfected, or if not so perfected, then
to satisfy the judgment of the circuit court. If such bond is
furnished by or on behalf of any party against whom the judgment
has been rendered for money or property or both, the bond shall
be conditioned for the performance and satisfaction of such
judgment or order as may be entered against such party on
appeal, and for the payment of all costs and damages which may
be awarded against him in the district court. If the appeal is
by a party against whom there is no recovery except for costs,
the bond shall be conditioned for the payment of such costs and
damages as may be awarded against him on the appeal.
5-9-143. Security on appeal.
The district court to which an appeal is taken from a circuit
court in a civil case may on motion for good cause shown, after
five (5) days notice to the appellant, require the appellant to
give new or additional security. If the security is not given
within the time prescribed by the district court, the appeal
shall be dismissed with costs, and the judgment of the circuit
court shall remain in effect, and the district court shall enter
judgment and award execution thereon, with costs, against the
appellant and his surety.
5-9-144. Receipts for money paid into court.
When any money is paid into a circuit court, a receipt for said
amount shall be issued promptly upon a form prescribed by the
Wyoming supreme court. The receipts shall be prenumbered in
numerical sequence. The original copy shall be delivered to a
payor making payment by cash or in person, otherwise the
original shall be attached to the court file. A copy shall be
filed in the office of the issuing judge. The receipts shall be
prenumbered by the printer, and the printer shall give to the
supreme court a receipt showing the numbers so printed. Except
as provided in W.S. 5-9-106, the circuit court shall pay all
fines, forfeitures and other penalties to the county treasurer
and all fees, costs and other receipts to the state treasurer.
The court automation fee prescribed by W.S. 5-9-135 or
established by court rule shall be deposited by the state
treasurer into the judicial systems automation account
established by W.S. 5-2-120. The indigent civil legal services
fee prescribed by W.S. 5-9-135 shall be deposited by the state
treasurer into the indigent civil legal services account
established by W.S. 5-2-121. The police officer continuing
education and training fee prescribed by W.S. 31-5-1201(h) shall
be deposited by the state treasurer into the account in the
enterprise fund under W.S. 9-1-633(n).
5-9-145. Failure of judge to give receipt constitutes
cause for removal from office.
Failure, refusal, or neglect of a judge of a circuit court to
give a receipt as required by W.S. 5-9-144, for any money paid
into the circuit court is misconduct, which constitutes cause
for removal from office.
5-9-146. Deposit of money with county or state treasurer.
When any fines, forfeitures, costs or fees are deposited with
the judge of a circuit court pursuant to any action or
proceedings in the court, or pursuant to any order, decree or
judgment of the court, the money in his possession shall be
deposited no later than the tenth day following the month of
receipt with the county or state treasurer, except as provided
in W.S. 5-9-106. If the money has not been so deposited by the
tenth day of the month and no just cause is shown, said judge
shall forfeit twenty-five dollars ($25.00) a day for each day
after the tenth day of the month during which the deposits have
not been made.
5-9-147. Supreme court to establish uniform accounting
system.
The Wyoming supreme court shall establish, supervise, and as
necessary from time to time, modify a uniform system of
accounting, including a system of regular audits for circuit
courts, to provide for the proper and uniform accounting of all
money received and disbursed by circuit courts, and all judges
of the circuit courts shall comply therewith.
5-9-148. Failure to keep accounts or account for money.
Failure to keep accounts pursuant to the system established by
the Wyoming supreme court or failure to account for money paid
into and disbursed by the circuit court is misconduct, which may
constitute cause for removal from office.
5-9-149. Bank accounts.
The accounting system established by the Wyoming supreme court
may provide for bank accounts for each circuit court in which
money received by the circuit court may be deposited and
disbursed as provided therein, and for such records, reports and
procedures as the supreme court requires. If a bank account is
established into which fines, costs or forfeitures are
deposited, the accounting system established by the supreme
court shall require, where available, the use of accounts in a
financial institution authorized by W.S. 9-4-803(a) which may
earn interest, in which the deposits are subject to payment upon
demand and which are insured or secured as provided in W.S. 9-4-
817(c). Interest earned on deposits of fines and forfeitures in
such accounts shall be forwarded monthly to the county treasurer
and credited to the county public school fund. Interest earned
on all other deposits in such accounts shall be forwarded to the
state treasurer quarterly and credited to the victim's
compensation account created by W.S. 1-40-114(a).
5-9-150. Examination of accounts.
The accounts of each circuit court shall be examined by the
Wyoming supreme court in accordance with rules adopted by the
supreme court.
5-9-151. Annual accounts submitted to state auditor and
supreme court.
Each circuit court shall submit annual accounts to the state
auditor and supreme court under rules prescribed by the supreme
court.
5-9-152. Suit to enforce collection or transmittal of
fines; failure to transmit constitutes cause for removal from
office; liability on judge's bond.
(a) If it is apparent through examination conducted by the
Wyoming supreme court, or by other means, that any fines or
forfeitures have not been transmitted, the county attorney shall
bring suit to enforce the collection or transmittal, or both.
Failure to transmit fines, forfeitures or costs is misconduct
which constitutes cause for removal from office.
(b) Repealed By Laws 2011, Ch. 57, ยง 1.
5-9-153. Examination of court records by public,
department of audit, attorney general and county attorneys
permitted.
The records kept by a judge of a circuit court shall be public
and available for examination during the regular business hours
of the court. The state department of audit, Wyoming supreme
court, the attorney general or the county attorney of the
particular county in which the circuit court is situated may
examine them at any time upon demand.
5-9-154. Electronic submittal of fees, fines, bonds and
penalties.
(a) The supreme court may authorize, develop and implement
an electronic transaction system via internet technology or
similar medium for submittal of payment to the circuit courts of
all fees, penalties and fines and bonds for misdemeanor offenses
for which bond may be posted and forfeited. The supreme court
shall ensure that any electronic transaction system implemented
shall ensure compliance with W.S. 5-9-144, 5-9-146, 5-9-149 and
any other applicable provisions of law. The supreme court shall
further ensure that the adopted electronic transaction system
provides for efficient, safe, secure and accurate transactions.
(b) The supreme court may accept payment through the
electronic system by credit card, direct withdrawal or any other
negotiable instrument under W.S. 9-4-217(h).
(c) Any fees assessed for processing a credit card payment
shall be borne by the person tendering payment.
ARTICLE 2 - MAGISTRATES OF THE CIRCUIT COURT
5-9-201. Qualifications for magistrates.
(a) A full-time magistrate of the circuit court under W.S.
5-9-206 shall be a qualified elector and a resident of the
county for which appointed.
(b) A part-time magistrate of the circuit court under W.S.
5-9-210 shall be a qualified elector and a resident of the
district within which the circuit court is located.
5-9-202. Circuit court to enter order appointing
magistrates.
The circuit court in open court shall enter an order appointing
each full-time magistrate of the circuit court under W.S.
5-9-206 and each part-time magistrate of the circuit court under
W.S. 5-9-210 and shall enter the order upon the journal. A
certified copy of the journal entry shall be evidence of the
appointment in all courts of this state.
5-9-203. Oath.
Magistrates of the circuit court, before entering upon the
discharge of their official duties, shall take and subscribe
before a circuit court judge or a clerk of a court of record the
oath of office prescribed by the constitution of Wyoming.
5-9-204. Record of official actions.
Each magistrate of the circuit court shall enter a record of his
official actions in a journal in the circuit court. The entries
shall be signed by the magistrate.
5-9-205. Repealed By Laws 2011, Ch. 57, ยง 1.
5-9-206. Full-time magistrates; selection.
(a) In every county receiving the services of a circuit
court and wherein a circuit court judge does not reside, there
may be one (1) full-time magistrate who shall meet the
qualifications under W.S. 5-9-201.
(b) Upon determination by the supreme court after
consultation with the appropriate board of county commissioners,
that a full-time magistrate is necessary, all of the circuit
judges whose circuit includes the county together shall agree
upon a person to fill the office of a full-time magistrate under
subsection (a) of this section. The name of the agreed upon
person shall be submitted for approval or rejection to the board
of county commissioners of the county wherein the full-time
magistrate will serve. Upon approval by the board, the circuit
court shall appoint the person as a magistrate as provided in
W.S. 5-9-202.
(c) When a vacancy occurs in the office of a full-time
magistrate, the supreme court shall determine whether a full-
time magistrate shall be appointed. In making its determination,
the supreme court shall take into account whether one (1) or
more part-time magistrates will sufficiently meet the needs of
the county. If the supreme court after consultation with the
appropriate board of county commissioners, determines that a
full-time magistrate shall not be appointed, one (1) or more
part-time magistrates shall be appointed as provided in W.S.
5-9-210.
5-9-207. Full-time magistrates; term of office; retention;
removal.
(a) The term of office of each full-time magistrate
selected under W.S. 5-9-206 and appointed under W.S. 5-9-202
shall be four (4) years. The magistrate shall serve for one (1)
year after that person's appointment and until the first Monday
in January following the next general election after the
expiration of that year.
(b) At the general election, the full-time magistrate
shall stand for retention in office in the county wherein the
magistrate was appointed. Irrespective of any vote of the
electorate whereby the magistrate is retained in office, the
circuit judges of the circuit by unanimous vote may remove the
magistrate.
5-9-208. Full-time magistrates; powers of magistrates who
are authorized to practice law; powers of magistrates who are
not authorized to practice law.
(a) At the direction of the circuit judges of a circuit or
the supreme court, a full-time magistrate of the circuit court
who is authorized to practice law in Wyoming may perform all of
the duties of a circuit court judge presiding in circuit court
as authorized by law and rules. Upon direction, the magistrate
shall have all of the powers of a circuit court judge presiding
in circuit court as authorized by law and rules. A magistrate
shall not preside in or hear or decide any district court
proceeding or case in circuit court pursuant to assignment under
W.S. 5-3-112.
(b) Notwithstanding subsection (a) of this section and
upon request and consent of all parties to a proceeding or case
in circuit court and subject to the approval of the circuit
judge presiding in the proceeding or case, a full-time
magistrate who is authorized to practice law in Wyoming may hear
and determine any and all matters relating to the proceeding or
case that are within the jurisdiction of the circuit court,
except the magistrate shall not preside in or hear or decide any
district court proceeding or case in circuit court pursuant to
assignment under W.S. 5-3-112.
(c) At the direction of the circuit court judges of a
circuit court, a full-time magistrate of the circuit court who
is not authorized to practice law in Wyoming may within the
county from which appointed:
(i) Administer an oath or affirmation authorized or
required by law to be administered;
(ii) Take acknowledgment of deeds, mortgages and
other instruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and require their
attendance in causes or matters pending before them, or other
cause or matter wherein they may be required to take
depositions;
(v) Try the action for forcible entry and detainer,
as set forth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of
bail, on the stay of execution on their dockets;
(vii) Issue attachments, executions and garnishments,
and proceed against the goods and effects of debtors in certain
cases, as provided by law;
(viii) Issue executions on judgments rendered by
them;
(ix) Try the right of the claimant to property taken
in execution, garnishment or on attachment;
(x) Try all civil actions where the amount in
controversy, exclusive of costs, does not exceed five thousand
dollars ($5,000.00);
(xi) Try an action upon bonds, conditioned for the
payment of money, where the amount claimed does not exceed two
hundred dollars ($200.00), though the penalty exceeds that sum,
the judgment to be given for the sum actually due;
(xii) Hear and determine an action brought upon any
instrument payable in installments, as each installment becomes
due, when such instrument and amounts shall be within the
magistrate's jurisdiction;
(xiii) Enter the following judgments, when the amount
does not exceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in
chambers.
(xiv) Try an action for disposition of an abandoned
vehicle as provided by W.S. 31-13-112(e), regardless of the
value of the abandoned vehicle;
(xv) Issue warrants or summonses in criminal cases in
accordance with the rules promulgated by the Wyoming supreme
court. A warrant or summons issued by the magistrate charging
any crime may be executed or served at any place within the
state;
(xvi) Set bail in criminal proceedings, including
bail for witnesses, in accordance with the provisions of W.S.
5-9-132(a) and the rules promulgated by the Wyoming supreme
court;
(xvii) In accordance with the Wyoming Rules of
Criminal Procedure, conduct extradition proceedings, initial
appearances and preliminary examinations for persons charged
with felonies;
(xviii) Arraign, try, and sentence defendants in
criminal cases amounting to misdemeanors for which the
punishment prescribed by law does not exceed imprisonment for
more than one (1) year, regardless of the amount of the fine
that may be imposed. In relation to such misdemeanors, this
includes the power to accept plea agreements, order the
examination of a defendant who enters a plea of not guilty by
reason of mental illness or deficiency or not triable by reason
of mental illness or deficiency, order presentence
investigations, order substance abuse evaluations, order and
conduct pretrial conferences, enter orders for sentencing,
impose sentence, impose terms of probation, issue orders to show
cause, conduct show cause hearings and enter such other orders
as a circuit judge may enter in chambers when the circuit judge
is unavailable, when the judge has recused himself from the case
or when the judge has been peremptorily disqualified from
hearing a case. In criminal cases where a full-time magistrate
may sentence a defendant to imprisonment for not more than one
(1) year and the law authorizes imposition of a term of
probation that exceeds the maximum term of incarceration
established for the offense, the magistrate may sentence the
defendant to probation as authorized by such law;
(xix) Correct an illegal sentence imposed in a
criminal case or reduce a sentence at any time;
(xx) Preserve and enforce order in his immediate
presence and in the proceedings before him; and
(xxi) Hear and issue orders in peace bond, stalking
and domestic violence cases under Wyoming statutes, title 7,
chapter 3 and title 35, chapter 21.
5-9-209. Full-time magistrates; salary.
A full-time magistrate of the circuit court shall receive an
annual salary and benefits as determined by the legislature. The
salary and benefits shall be paid by the state in equal monthly
allotments.
5-9-210. Part-time magistrates; selection.
(a) In a county receiving the services of a circuit court
and whether or not a circuit court judge resides in the county,
there may be one (1) or more part-time magistrates each of whom
shall meet the qualifications under W.S. 5-9-201 and each shall
be appointed as provided in subsection (b) of this section.
(b) If a circuit court judge finds the public interest
requires a magistrate for any county within that judge's circuit
irrespective of where the circuit court judge resides, then the
circuit judge shall submit the name of the person for approval
or rejection to the board of county commissioners of the county
wherein the magistrate will serve. Upon approval by the board,
the circuit court shall appoint the part-time magistrate as
provided in W.S 5-9-202.
5-9-211. Part-time magistrates; tenure.
Each part-time magistrate appointed under W.S. 5-9-202 shall
serve continuously and solely at the pleasure of the appointing
circuit court judge.
5-9-212. Part-time magistrates; powers.
(a) At the direction of the circuit judges of a circuit or
the supreme court, a part-time magistrate of the circuit court
shall have the powers in respect to every suit or proceeding
pending in the circuit court of the county for which he was
appointed as follows:
(i) Administer an oath or affirmation authorized or
required by law to be administered;
(ii) Take acknowledgment of deeds, mortgages and
other instruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and coerce their
attendance in causes or matters pending before them, or other
cause or matter wherein they may be required to take
depositions;
(v) Try the action for forcible entry and detainer,
as set forth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of
bail, on the stay of execution on their dockets;
(vii) Enter the following judgments, when the amount
does not exceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in
chambers.
(viii) Try an action for disposition of an abandoned
vehicle as provided by W.S. 31-13-112(e), regardless of the
value of the abandoned vehicle;
(ix) Issue warrants, including search warrants and
arrest warrants, or summonses in criminal cases in accordance
with the rules promulgated by the Wyoming supreme court. A
warrant or summons issued by the magistrate charging any crime
may be executed or served at any place within the state;
(x) Set bail in criminal proceedings, including bail
for witnesses, in accordance with the provisions of W.S.
5-9-132(a) and the rules promulgated by the Wyoming supreme
court;
(xi) In accordance with the Wyoming Rules of Criminal
Procedure, conduct extradition proceedings, initial appearances
and preliminary examinations for persons charged with felonies;
(xii) Preserve and enforce order in his immediate
presence and in the proceedings before him;
(xiii) Hear and issue orders in peace bond, stalking
and domestic violence cases under Wyoming Statutes title 7,
chapter 20 and title 35, chapter 21;
(xiv) Conduct small claims trials;
(xv) In misdemeanor cases, to conduct arraignments,
accept plea agreements, order the examination of a defendant who
enters a plea of not guilty by reason of mental illness or
deficiency or not triable by reason of mental illness or
deficiency, order presentence investigations, order substance
abuse evaluations, order and conduct pretrial conferences, enter
orders for sentencing, impose sentence, impose terms of
probation, issue orders to show cause, conduct show cause
hearings, and enter such other orders as a circuit judge may
enter in chambers when the circuit judge is unavailable, when
the judge has recused himself from a case or when the judge has
been peremptorily disqualified from hearing a case.
(b) Notwithstanding subsection (a) of this section and
upon request and consent of all parties to a proceeding or case
in circuit court and subject to the approval of the circuit
judge presiding in the proceeding or case, a part-time
magistrate who is authorized to practice law in Wyoming may hear
and determine any and all matters relating to the proceeding or
case that are within the jurisdiction of the circuit court,
except the magistrate shall not preside in or hear or decide any
district court proceeding or case in circuit court pursuant to
assignment under W.S. 5-3-112.
5-9-213. Part-time magistrates; pay.
A part-time magistrate of the circuit court shall be paid by the
state. A claim for compensation under this section shall be made
by voucher, verified under oath, setting forth in detail the
services performed, time expended and amount of compensation
claimed. No claim for compensation under this section shall be
paid unless approved and allowed by a judge of the circuit
court.
5-9-214. Circuit court to review orders; approval or
disapproval.
The circuit court shall at each term review and approve or
disapprove, reverse or modify orders made by, and proceedings
had before, magistrates in proceedings under W.S. 5-9-208(c)(v),
(vii) through (ix), (xiii)(F) and (xvii) and 5-9-212(a)(v),
(vii), (xi) and (xiii) through (xv).
CHAPTER 10 - DRUG COURTS
5-10-101. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-102. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-103. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-104. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-105. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-106. Repealed By Laws 2009, Ch. 145, ยง 3.
5-10-107. Repealed By Laws 2009, Ch. 145, ยง 3.
CHAPTER 11 - WYOMING COURT SECURITY ACT
5-11-101. Wyoming court security commission created;
membership; powers and duties; compensation; report required.
(a) The Wyoming court security commission is created under
the supervision of the Wyoming supreme court. The commission
shall be composed of the director of the office of homeland
security or his designee and nine (9) additional members who
shall be appointed for a term of three (3) years commencing July
1, 2008, who may be reappointed to serve subsequent terms. The
nine (9) additional members shall include:
(i) One (1) justice of the Wyoming supreme court,
appointed by the chief justice;
(ii) One (1) district court judge, appointed by the
board of judicial policy and administration;
(iii) One (1) circuit court judge, appointed by the
board of judicial policy and administration;
(iv) One (1) county commissioner, appointed by the
governor;
(v) One (1) county sheriff, appointed by the
governor;
(vi) One (1) representative of the Wyoming peace
officer's standards and training commission, appointed by the
governor;
(vii) Two (2) legislators, one (1) from each house,
appointed by the speaker of the house and president of the
senate respectively;
(viii) One (1) district attorney or county attorney,
appointed by the governor.
(b) Nonlegislative members of the commission shall receive
no compensation, but shall be reimbursed under W.S. 9-3-102 and
9-3-103 for per diem and travel expenses incurred in the
performance of their duties on the commission.
(c) The legislative members shall receive salary and
reimbursement for per diem and travel expenses incurred in the
performance of their duties on the commission, as provided in
W.S. 28-5-101.
(d) The commission shall meet at least two (2) times per
year.
(e) The commission shall:
(i) Establish standards to protect life, property and
the judicial process in the Wyoming court system. In
establishing the standards, the commission shall recommend
proper levels of court security to each county with due
consideration of each county's size, use of court facilities and
security risks. The standards shall include:
(A) Requirements concerning equipment,
facilities and architecture for court security purposes;
(B) Basic training requirements for peace
officers authorized to act as court security officers;
(C) Basic protocol and procedures for court
security; and
(D) Requirements for the establishment of local
court security management committees.
(ii) Visit and inspect any court security program at
any appropriate time;
(iii) Recommend to the legislature the distribution
of funds to counties as may from time to time be appropriated by
the legislature for the provision of court security;
(iv) Report no later than September 1, 2009, and
annually thereafter to the governor, chief justice of the
supreme court, joint judiciary interim committee and the joint
appropriations interim committee on the status of court security
in the state.
(f) The supreme court shall provide necessary
administrative support for the commission.
CHAPTER 12 - COURT SUPERVISED TREATMENT PROGRAMS
5-12-101. Short title; court supervised treatment.
(a) This act shall be known as and may be cited as the
"Court Supervised Treatment Programs Act."
(b) Any district, juvenile, circuit, municipal or tribal
court judge or circuit court magistrate may act as a
participating judge in a court supervised treatment program
established pursuant to this act.
5-12-102. Rules.
The Wyoming supreme court may promulgate rules of practice for
the participation of judges in court supervised treatment
programs.
5-12-103. Judicial immunity.
A judge participating in a court supervised treatment program
shall be entitled to immunity for actions taken in a court
supervised treatment program to the same extent the judge would
be entitled to immunity for other actions performed in
accordance with law.
5-12-104. Definitions.
(a) As used in this act:
(i) "Account" means the court supervised treatment
account created by W.S. 5-12-107(a);
(ii) "Applicant" means the governing body of a city,
town or county, a tribal government of either the Northern
Arapaho or Eastern Shoshone tribes of the Wind River Indian
Reservation or a nonprofit organization recognized under 26
U.S.C. 501(c)(3);
(iii) "Continuum of care" means a seamless and
coordinated course of substance abuse education and treatment
designed to meet the needs of drug offenders as they move
through the criminal justice system and beyond, maximizing self-
sufficiency;
(iv) "Department" means the Wyoming department of
health;
(v) "Dual diagnosis" means substance abuse and a co-
occurring mental health disorder;
(vi) "Participant" means a substance offender or any
other person as provided in title 14 of the Wyoming statutes who
has been referred to and accepted into a program;
(vii) "Participating judge" means the district,
juvenile, circuit, municipal or tribal court judge or magistrate
acting as part of a program team;
(viii) "Program" or "court supervised treatment
program" means a local court supervised treatment program that
complies with rules and regulations adopted by the Wyoming
supreme court;
(ix) "Program coordinator" means the person
responsible for coordinating the establishment, operation,
evaluation and integrity of a program;
(x) "Program team" means the team created pursuant to
W.S. 5-12-111(a);
(xi) "Recidivism" means any subsequent criminal
charge;
(xii) "Referring judge" means the district, juvenile,
circuit, municipal or tribal court judge or magistrate who
refers a substance offender or any other person as provided in
title 14 of the Wyoming statutes to a program;
(xiii) "Staffing" means the meeting of a program team
before a participant's entry into the program, and during the
participant's participation in the program, to plan a
coordinated response to the participant's behaviors and needs;
(xiv) "Substance" means alcohol, any controlled
substance as defined in W.S. 35-7-1002(a)(iv), any substance
used for mind altering purpose or over-the-counter medications
and inhalants which are used in a manner not intended by the
manufacturer;
(xv) "Substance abuse assessment" means as defined in
W.S. 7-13-1301(a)(v);
(xvi) "Substance abuse treatment" means treatment
designed to provide education and therapy directed toward ending
substance abuse and preventing its return;
(xvii) "Substance offender" means a person charged
with a substance related offense or an offense in which
substance abuse is determined from the evidence to have been a
significant factor in the commission of the offense;
(xviii) "This act" means W.S. 5-12-101 through 5-12-
118.
5-12-105. Purposes and goals.
(a) The legislature recognizes the critical need in this
state for treatment programs to break the cycle of substance
abuse and the crimes committed as a result thereof. Court
supervised treatment programs shall be facilitated for the
purpose of providing sentencing options for the judicial system
in cases stemming from substance abuse, by combining judicial
supervision, probation, substance abuse assessment, substance
abuse testing, monitoring, treatment, and aftercare for
substance offenders.
(b) The goals of the programs funded under this act shall
be:
(i) To reduce recidivism by participants;
(ii) To strive for program retention and graduation
of participants;
(iii) To strive for sobriety of participants; and
(iv) To monitor the services provided to
participants.
5-12-106. Standards for attorneys and judges.
(a) Attorneys, participating judges and referring judges
shall adhere to the standards set forth in the Wyoming Rules of
Professional Conduct for Attorneys at Law, the Wyoming Code of
Judicial Conduct and any rules adopted by the supreme court
governing program practices.
(b) The referring judge in a particular case may be the
participating judge in that participant's treatment program,
provided the participating judge shall not act upon any motion
to revoke probation that may be filed in the original criminal
or juvenile case, nor in sentencing or disposition.
5-12-107. Establishment of court supervised program
account; rules and regulations; panel created; program funding.
(a) There is created a court supervised treatment program
account. All interest earned on funds within this account shall
be deposited in the account. The supreme court shall oversee and
provide funding for programs from the court supervised treatment
program account. Funds within the account shall be expended by
the supreme court for the purposes of this act upon legislative
appropriation provided, however, that surcharges deposited in
the account pursuant to W.S. 5-12-118(e) shall be distributed to
programs by the supreme court semiannually.
(b) The supreme court shall determine whether an
application for a program meets the qualifications specified in
W.S. 5-12-118(b) and the rules and regulations promulgated by
the supreme court pursuant to subsection (c) of this section.
(c) Except as otherwise provided in this subsection, the
supreme court shall promulgate rules and regulations necessary
to implement this act, including establishing standards
consistent with the key components of drug courts defined by the
United States department of justice or such similar rules as may
be adopted by the supreme court. The department of health, in
consultation with the supreme court, shall promulgate rules for
certification and accreditation requirements for treatment
personnel. The rules promulgated by the supreme court shall:
(i) Specify funding formulas for funding from the
account which formula shall include provisions requiring local
contribution to the cost of a program;
(ii) Require participants to contribute financially
to their own program;
(iii) Establish program requirements, operational
standards and protocols for programs, program team and staff
training requirements, program data collection and maintenance
and incentive and sanction limitations.
(d) The supreme court shall make the final determination
whether an application for a court supervised treatment program
meets the qualifications of this act and shall determine the
funding amount for each successful applicant. The panel supreme
court may deny an application for a new program if the funding
for the new program would substantially affect funding levels
for existing programs.
(e) In addition to those funds deposited in the account
created by this section, the supreme court may accept, and shall
deposit to the account, any gifts, contributions, donations,
grants or federal funds specifically given to the supreme court
for the benefit of programs in Wyoming.
(f) Nothing in this act shall prohibit a program from
obtaining or providing supplemental funding. All supplemental
funds received by a program shall be reported to the supreme
court.
5-12-108. Establishment of court supervised treatment
programs.
(a) Any court supervised treatment program that meets the
qualifications specified in this section and the supreme court's
rules and regulations may apply for funding from the account on
a form developed by the supreme court.
(b) The applicant shall be the contracting agent for all
its program contracts. All program employees of a program shall
be employees of the applicant that was awarded a grant under
this section, but referring judges, participating judges, other
judicial branch personnel and department of corrections
personnel shall not be program employees. All program funds and
grants shall be managed by the applicant to whom a grant is
awarded pursuant to the provisions of a contract between the
supreme court and the applicant.
(c) All program billing shall be the responsibility of the
applicant.
(d) The application shall identify participating judges
and contain a plan for the participation of judges. The plan
shall be consistent with rules adopted by the supreme court.
(e) The application shall specify the treatment services
to be provided by the program and shall identify the treatment
providers.
(f) The application shall include other information that
may be required by the supreme court.
5-12-109. Participation in court supervised treatment
program; conditions; extended probation.
(a) No substance offender may participate in a program
unless the substance offender, in a Wyoming district, juvenile,
circuit, municipal or tribal court, has been charged with an
offense; and:
(i) Has entered an admission, or a guilty or nolo
contendere plea;
(ii) Has entered a guilty plea pursuant to W.S. 7-13-
301;
(iii) Has signed a consent decree under title 14 of
the Wyoming statutes; or
(iv) Is on parole under the provisions of W.S. 7-13-
401 et seq.
(b) Any district, juvenile, circuit, municipal or tribal
court judge, or magistrate, may refer substance offenders for
participation in a program. The referring judge may act as a
participating judge in a program as authorized by this act and
by rules adopted by the supreme court. A substance offender who
is a defendant in a criminal action or a respondent in a
juvenile court action may be referred for participation in a
program if:
(i) A substance abuse assessment reveals that the
person is in need of treatment;
(ii) The referring judge has reason to believe that
participation in a program will benefit the person by addressing
his substance abuse;
(iii) In a juvenile court case, the referring judge
has reason to believe that participation by the child's parent
or guardian will be in the best interest of the child; or
(iv) The person's case is processed pursuant to
subsection (a) of this section.
(c) Participation in a program shall only be with the
consent of the referring judge and the participant, and
acceptance of the participant by the program team in accordance
with a written agreement between the participant and the program
team. The agreement shall include the participant's consent to
release of medical and other records relevant to his treatment
history and assessment that meets the requirements of 42 U.S.C.
290dd-2(b) or 42 C.F.R. part 2.31, as applicable. Prior to a
participant's entry into a written agreement, the participating
judge shall inform the participant that he may be subject to a
term of probation that exceeds the maximum term of imprisonment
established for the particular offense charged, as provided in
W.S. 5-9-134 and 5-12-116.
(d) Nothing in this act shall confer a right or an
expectation of a right to participate in a program, nor does
this act obligate a program team to accept any proposed
participant. Neither the establishment of a program nor
anything herein contained shall be construed as limiting the
discretion of a prosecuting attorney in regard to the
prosecution of any criminal or juvenile case. Consent to
participation in a program under subsection (c) of this section
shall only be required from the referring judge and participant.
5-12-110. Incentives and sanctions; extended probation.
(a) The participating judge may grant reasonable
incentives under the written agreement under W.S. 5-12-109(c) if
he finds that since the last staffing, the participant:
(i) Is performing satisfactorily in the program;
(ii) Is benefiting from the program; and
(iii) Has not violated any term or condition of the
agreement.
(b) The participating judge may impose reasonable
sanctions under the written agreement, including but not limited
to, expulsion from the program, incarceration for a period not
to exceed thirty (30) days if the participant is an adult, or
detention for a period not to exceed thirty (30) days if the
participant is a juvenile, if the participating judge finds that
since the last staffing the participant:
(i) Is not performing satisfactorily in the program;
(ii) Is not benefiting from the program;
(iii) Has engaged in conduct rendering the
participant unsuitable for the program;
(iv) Has otherwise violated any term or condition of
the written agreement; or
(v) Is unable to participate in the program.
(c) To ensure due process of law, expulsion from the
program shall be at the discretion of the participating judge,
following a hearing, based on the recommendation of the program
team. Expulsion shall not occur without the participant first
being notified of the reasons for the proposed expulsion and
given an opportunity to be heard by the program team and the
participating judge.
5-12-111. Program team to be created; duties; program
coordinator.
(a) Each applicant seeking to establish a program shall
create a program team, consisting of the following members, all
of whom shall be appointed by the governing body of the
applicant, subject to the individual consent of each appointee:
(i) A participating judge;
(ii) A prosecuting attorney;
(iii) An attorney who practices criminal defense or
serves as a guardian ad litem;
(iv) A representative of the treatment providers;
(v) The probation officer or other person who
supervises participants;
(vi) The program coordinator; and
(vii) Other persons determined necessary and helpful
by the participating judge.
(b) The program team shall, when practicable, conduct a
staffing prior to each program session to discuss and provide
updated information regarding participants scheduled to appear
during the session. After determining the progress or lack
thereof for each participant, the program team shall agree on
the appropriate incentives or sanctions to be applied. If the
program team cannot unanimously agree on the appropriate action
to be taken, the participating judge shall make a decision based
upon the information presented during the staffing.
(c) Each program shall have a program coordinator who
shall be responsible for the general administration of the
program.
5-12-112. Confidentiality of treatment records.
Program staff shall be provided with access to all records of
any state or local government relevant to the participant's
treatment. The records and reports shall be maintained in a
confidential file not available to the public and the contents
thereof shall not be disclosed to any person outside the program
without a court order. Program staff shall comply with the
confidentiality rules contained in 42 U.S.C. 290dd-2 or 42
C.F.R. part 2, as applicable.
5-12-113. Treatment and support services.
(a) Each program shall strive to establish a system to
ensure that participants are provided treatment services that
have been certified by the department. Each program team shall
strive to determine the type and duration of treatment service
appropriate for the participant's individualized needs, based
upon objective medical diagnostic criteria.
(b) The program team shall strive to establish an adequate
continuum of care for each participant, including adequate
support services and aftercare.
(c) The program team shall strive to provide appropriate
treatment to participants who have a dual diagnosis.
(d) The relationship between each treatment provider and
the program shall be governed by a memorandum of understanding,
which shall include a requirement for the timely reporting of
the participant's progress or lack thereof in treatment.
5-12-114. Substance abuse testing.
(a) The program team shall require accurate and reliable
substance use testing of participants.
(b) Participants shall be required to submit to frequent,
random and observed substance use testing.
(c) The results of all substance use tests shall be
provided to the program team as soon as practicable.
5-12-115. Participant information and progress statistics.
(a) Participants may be required to provide access to the
following information, the collection and maintenance of which
by the program team shall be in a standardized format pursuant
to rules and regulations of the supreme court:
(i) Gender, race, ethnicity, marital status and child
custody and support obligations;
(ii) Criminal history;
(iii) Substance abuse history, including substances
of choice and prior treatment;
(iv) Employment, education and income history;
(v) Number and health of children born to female
participants;
(vi) Incidents of recidivism occurring before, during
and after successful completion of a program, or failed
participation in a program.
(b) Programs shall maintain and report to the supreme
court the following information pursuant to supreme court rules
and regulations, none of which shall identify the participants:
(i) The number of participants screened for
eligibility, the number of eligible persons who were, and who
were not, admitted to the program and their case dispositions;
(ii) The costs of operation and sources of funding of
the program.
5-12-116. Municipal courts.
A municipal judge may place a criminal defendant on probation
pursuant to W.S. 7-13-301 through 7-13-307 and require the
defendant as a probationary condition to participate in a
program under this act. Notwithstanding any other provision of
law, the probation period for a defendant whose disposition
includes participation in a program or a court supervised
treatment program may exceed the maximum term of imprisonment
established for the offense, but shall not exceed thirty-six
(36) months.
5-12-117. Program participation as a condition of parole.
(a) The state board of parole may, as a condition of
parole, require a parolee to participate in a program
established under this act, provided:
(i) The program team accepts the parolee for
participation in the program; and
(ii) The parolee is subject to the rules and
sanctioning powers of the program but remains under the
authority of the board for all other matters related to the
parole.
5-12-118. Surcharge to be assessed in certain criminal
cases; paid to account.
(a) In addition to any fine or other penalty prescribed by
law, a defendant who pleads guilty or nolo contendere to, or is
convicted of, any offense under W.S. 31-5-233 or 35-7-1001
through 35-7-1057 may be assessed a surcharge of not more than
fifty dollars ($50.00).
(b) The surcharge may be imposed upon any defendant for
whom prosecution, trial or sentence is deferred under W.S. 7-13-
301 and 7-13-302 or 35-7-1037 or who participates in any other
diversion agreement for an offense specified in subsection (a)
of this section.
(c) The court may waive the surcharge if the person is
unable to pay the surcharge or for any other good cause shown.
The court shall consider all other financial obligations imposed
on the defendant and set the surcharge so as not to create an
undue financial burden on the defendant.
(d) The surcharge shall be paid within ten (10) days of
imposition. Failure to comply with the provisions for payment of
the surcharge is punishable as contempt of court. Contempt or
other proceedings, including proceedings under W.S. 6-10-105, if
applicable, to collect the surcharge may be initiated by the
district attorney or by the court on its own motion.
(e) The proceeds from the surcharge imposed by this
section shall be remitted promptly by the clerk of the court to
the supreme court for deposit in the account.
CHAPTER 13 - CHANCERY COURTS
ARTICLE 1 - GENERAL PROVISIONS
5-13-101. Chancery court established.
Pursuant to the provisions of article 5, section 1 of the
Wyoming Constitution, the chancery court of the state of Wyoming
is hereby established for the state of Wyoming.
5-13-102. Chancery court fund account created; purposes.
(a) There is created an account entitled "the chancery
court account." The chancery court account shall receive all
filing fees received by the chancery court. Any interest
accruing to the account shall be retained in the account and may
be expended for the purposes provided in this section. No funds
shall be expended from the account until the legislature
appropriates the funds. Funds within the account shall be used
for the purpose of funding operation of the chancery courts,
including judicial salaries, staff salaries, supplies, operating
costs and other expenses of the chancery court.
(b) The judicial salaries, staff salaries, supplies,
operating costs and other expenses of the chancery court may be
appropriated by the legislature from the general fund, or other
fund, to the extent sufficient funds are not available in the
chancery court account.
5-13-103. Number of judges; location of chambers;
concurrent jurisdiction.
(a) The chancery court of the state of Wyoming shall
consist of no more than three (3) judges. The location of
chambers and assignment of cases shall be prescribed by rules
promulgated by the supreme court.
(b) All chancery court judges in the state shall have
concurrent jurisdiction throughout the state as provided in W.S.
5-13-115(d).
5-13-104. Supreme court to adopt rules; fees and court
costs; rules of procedure to govern courts; place for holding
court; inherent powers; appeals.
(a) The Wyoming supreme court is hereby vested with
management and supervisory powers, including financial auditing
authority, over the chancery court of the state of Wyoming. The
Wyoming supreme court shall establish procedures and regulations
for the effective and expeditious resolution of disputes between
parties and the administration of the business of the chancery
court, including the Wyoming Rules of Civil Procedure for the
Chancery Courts and procedures for:
(i) The filing of an action with the chancery court;
(ii) The removal of an existing case from another
court to the chancery court;
(iii) The removal, by the non-filing party, of a case
filed with the chancery court to another court;
(iv) Trial without a jury;
(v) The ordering of mediation;
(vi) Referrals to a special master;
(vii) The streamlined and expeditious completion of
discovery.
(b) The Wyoming supreme court shall establish fees and
charges for the chancery court, provided:
(i) The fees and charges are established to, as
nearly as practicable, fund the operation of the chancery court;
and
(ii) The original filing fee is set at not less than
five hundred dollars ($500.00). The fee shall apply to original
actions commenced, actions removed or transferred to the
chancery court from another court and to actions that are
reopened after a final decree previously has been entered.
(c) The Wyoming Rules of Civil Procedure for Chancery
Courts and the Wyoming Rules of Evidence, as amended or
supplemented from time to time, shall govern the chancery court.
(d) The judges of the chancery court may hold court for
each other and shall do so when required by law. A judge of the
chancery court may hold court in any county where venue is
appropriate.
(e) When no special provision is otherwise made by law,
the chancery court shall be vested with all inherent powers that
are possessed by courts of record in this state.
(f) Opinions of the chancery court shall be published by
the clerk of the chancery court in a searchable electronic
database.
(g) An appeal from a judgment or other appealable order of
the chancery court shall be to the Wyoming supreme court in
accordance with the Wyoming Rules of Appellate Procedure.
(h) As used in subsection (a) of this section, "effective
and expeditious resolution of disputes between parties" means
the resolution of a majority of the actions filed in the
chancery court within one hundred fifty (150) days of the
issuance of the scheduling order in each action.
5-13-105. Name of court; presider.
The chancery court shall be called the "Chancery Court of the
State of Wyoming" which shall be a court of record with a seal
and the judge and clerk thereof have power to administer oaths
and affirmations. The chancery court shall be presided over by a
chancery court judge.
5-13-106. Term of chancery court judges.
The terms of chancery court judges shall be six (6) years. Each
chancery court judge selected under the provisions of article 5,
section 4 of the Wyoming Constitution shall serve for one (1)
year after his appointment and until the first Monday in January
following the next general election after the expiration of the
year. At the general election, he shall stand for retention in
office throughout the state as provided in article 5, section 4
of the Wyoming Constitution.
5-13-107. Judges to be nonpartisan; nomination and
appointment.
Judges of the chancery court shall be nonpartisan, shall be
nominated and appointed and retained as provided by article 5,
section 4 of the Wyoming Constitution.
5-13-108. Qualifications for appointment.
(a) To be eligible for appointment to the office of judge
of the chancery court, a person shall be:
(i) A qualified elector of the state;
(ii) Authorized to practice law in Wyoming; and
(iii) Experienced or knowledgeable in the subject
matter jurisdiction of the chancery court.
5-13-109. Temporary assignment to fill vacancies;
appointments to fill vacancies in office.
(a) Prior to the appointment of a chancery court judge
under subsection (b) of this section or in the event a chancery
court judge appointed under W.S. 5-13-107 dies, becomes unable
or unwilling to perform the duties of his office, the supreme
court may temporarily assign the duties of chancery court judge
to be performed by a person who meets the qualifications set
forth in W.S. 5-13-108. Any assignment shall be made to:
(i) A retired supreme court justice;
(ii) A retired district court judge;
(iii) A member of a panel of up to five (5) active
district court judges selected by the supreme court to serve as
a chancery court judge on an ad hoc basis;
(iv) A special master; or
(v) A magistrate.
(b) Beginning January 1, 2025, the office of judge of the
chancery court and any vacancies therein shall be filled as
provided by W.S. 5-13-107.
5-13-110. Delivery of official records and papers to
successor in office.
If the office of judge of the chancery court becomes vacant by
reason of death, removal from office or otherwise, the senior
chancery court judge, or if there is none, the clerk of the
chancery court, shall take charge of the official records and
papers of the judge and deliver them to the successor in office
of that judge.
5-13-111. Jurisdiction of successor is same as that of
predecessor in office.
A judge of the chancery court with whom the records of his
predecessor have been deposited has the same jurisdiction over
all actions and proceedings entered in the records as if they
were originally commenced before him.
5-13-112. Salaries of judges; traveling expenses.
Chancery court judges shall receive the annual salary provided
by W.S. 5-1-110(a)(iv). When a new salary is effective for any
judge of the chancery court upon new appointment or the
commencement of a new term, it shall be effective for all judges
of the chancery court. In addition to salary, a judge of the
chancery court shall be reimbursed for traveling expenses
actually incurred when the business of the chancery court
requires his attendance more than five (5) miles from the place
where he regularly holds court.
5-13-113. Oath.
Before assuming the duties of his office, a judge of the
chancery court shall take and subscribe before a supreme court
justice the oath of office prescribed by the constitution of
Wyoming.
5-13-114. Process extends throughout state.
The process of the chancery court shall extend throughout the
state.
5-13-115. Purpose and jurisdiction.
(a) The chancery court shall be a court of limited
jurisdiction established for the expeditious resolution of
disputes involving commercial, business, trust and similar
issues. The chancery court shall employ nonjury trials,
alternative dispute resolution methods and limited motions
practice and shall have broad authority to shape and expedite
discovery as provided in the rules adopted by the supreme court
to govern chancery courts.
(b) The chancery court shall have jurisdiction to hear and
decide actions for equitable or declaratory relief and for
actions where the prayer for money recovery is an amount
exceeding fifty thousand dollars ($50,000.00), exclusive of
claims for punitive or exemplary damages, prejudgment or post
judgment interest, costs and attorney fees provided the cause of
action arises from at least one (1) of the following:
(i) Breach of contract;
(ii) Breach of fiduciary duty;
(iii) Fraud;
(iv) Misrepresentation;
(v) A statutory or common law violation involving:
(A) The sale of assets or securities;
(B) A corporate restructuring;
(C) A partnership, shareholder, joint venture or
other business agreement;
(D) Trade secrets; or
(E) Employment agreements not including claims
that principally involve alleged discriminatory practices.
(vi) Transactions governed by the Uniform Commercial
Code;
(vii) Shareholder derivative actions. The monetary
threshold set forth in this subsection shall not apply to
actions brought under this paragraph;
(viii) Commercial class actions;
(ix) Business transactions involving or arising out
of dealings with commercial banks and other financial
institutions;
(x) A dispute concerning the internal affairs of
business organizations;
(xi) A dispute concerning environmental insurance
coverage;
(xii) A dispute concerning commercial insurance
coverage;
(xiii) Dissolution of corporations, partnerships,
limited liability companies, limited liability partnerships,
joint ventures, banks and trust companies. The monetary
threshold set forth in this subsection shall not apply to
actions brought under this paragraph;
(xiv) Transactions governed by the Wyoming Uniform
Trust Code;
(xv) Applications to stay or compel arbitration and
affirm or disaffirm arbitration awards and related injunctive
relief or appeals pursuant to W.S. 1-21-801 through 1-21-804 or
1-36-101 through 1-36-119, involving any of the foregoing
enumerated issues. Where any applicable arbitration agreement
provides for an arbitration to be heard outside the United
States, the monetary threshold set forth in this subsection
shall not apply;
(xvi) A dispute concerning a trademark, trade name or
service mark. The monetary threshold set forth in this
subsection shall not apply to actions brought under this
paragraph;
(xvii) A dispute concerning a digital asset
registered under W.S. 34-29-201 through 34-29-209.
(c) The chancery court may exercise supplemental ancillary
jurisdiction over any cause of action not listed in subsection
(b) of this section at the discretion of the chancery court.
(d) All chancery court judges throughout the state shall
have concurrent jurisdiction with all district court judges
throughout the state only as to the causes of action enumerated
in subsection (b) of this section and to the causes of action
for which the chancery court exercises supplemental ancillary
jurisdiction under subsection (c) of this section.
(e) A chancery judge may submit to arbitration any matter
pending in chancery court, upon agreement of the parties as
provided by W.S. 1-21-801 through 1-21-804, or upon application
of either party showing an arbitration agreement and refusal of
the opposing party to arbitrate as provided by W.S. 1-36-101
through 1-36-119.
(f) A chancery judge may order mediation in any matter
pending in chancery court.
5-13-116. Powers generally.
(a) In exercising the jurisdiction granted under W.S. 5-
13-115, the chancery court may:
(i) Preserve and enforce order in its immediate
presence and in the proceedings before it according to the
Wyoming Rules of Civil Procedure for Chancery Courts;
(ii) Compel obedience to its judgments, orders and
processes;
(iii) Except as otherwise provided, control the
conduct of its ministerial officers and of all other persons in
any manner connected with judicial proceedings before it;
(iv) Issue summonses, subpoenas or other process in
chancery court cases;
(v) Administer oaths and affirmations and take
acknowledgments, affidavits and depositions;
(vi) Amend and control its process and orders to make
them conformable to law and justice;
(vii) Proceed to nonjury trial, render judgment and
grant writs of execution to carry into effect any order or
judgment of the court; and
(viii) Punish for contempt in the same manner as
district court.
ARTICLE 2 - CLERK
5-13-201. Office created; salary; deputies.
(a) There shall be a clerk of the chancery court for the
state of Wyoming. The clerk shall be selected by a majority of
justices of the supreme court and shall be an employee of the
supreme court. The clerk shall receive an annual salary to be
determined by the supreme court which shall be paid in monthly
installments in the same manner as other state salaries are
paid. The clerk shall perform the duties prescribed by law and
the rules adopted by the supreme court.
(b) The clerk of the chancery court may, with the consent
of a majority of the justices of the supreme court, appoint a
deputy clerk. The deputy may perform all the duties of the
office in the name of the clerk and the attestation of the
deputy to all decrees, orders and processes, shall have the same
effect and force as if issued by the clerk. The deputy clerk
shall receive an annual salary to be determined by the supreme
court which shall be paid in monthly installments in the same
manner as other state salaries are paid.
5-13-202. Collection of fees.
The clerk of the chancery court shall collect all fees and
charges as required and set by the supreme court under W.S. 5-
13-104(b). At the time of the original filing, the clerk also
shall collect a court automation fee in the amount of one
hundred dollars ($100.00) which shall be deposited into the
judicial systems automation account established by W.S. 5-2-120,
and an indigent civil legal services fee in the amount of ten
dollars ($10.00) which shall be deposited into the indigent
civil legal services account established by W.S. 5-2-121.
5-13-203. Duties generally.
The clerk shall receive all cases filed with the court and
maintain the records of the court. The clerk shall receive,
account for and pay over all money that may come into the
possession of the court according to law or by rule or order of
court. The clerk shall be responsible for publishing the
opinions of the court as provided in W.S. 5-13-104(f) and as may
be provided for by rule.