WYOMING CONSTITUTION
ARTICLE V
JUDICIAL DEPARTMENT
Art. V §1 | HOW JUDICIAL POWER VESTED
Art. V §2 | SUPREME COURT GENERALLY; APPELLATE JURISDICTION
Art. V §3 | SUPREME COURT GENERALLY; ORIGINAL JURISDICTION
Art. V §4 | SUPREME COURT GENERALLY; NUMBER; ELECTION OF CHIEF JUSTICE; QUORUM; VACANCIES IN SUPREME COURT OR DISTRICT COURT; JUDICIAL NOMINATING COMMISSION; TERMS; STANDING FOR RETENTION IN OFFICE
(b) A vacancy in the office of justice of the supreme court or judge of any district court or of such other courts that may be made subject to this provision by law, shall be filled by a qualified person appointed by the governor from a list of three nominees that shall be submitted by the judicial nominating commission. The commission shall submit such a list not later than 60 days after the death, retirement, tender of resignation, removal, failure of an incumbent to file a declaration of candidacy or certification of a negative majority vote on the question of retention in office under section [subsection] (g) hereof. If the governor shall fail to make any such appointment within 30 days from the day the list is submitted to him, such appointment shall be made by the chief justice from the list within 15 days.
(c) There shall be a judicial nominating commission for the supreme court, district courts and any other courts to which these provisions may be extended by law. The commission shall consist of seven members, one of whom shall be the chief justice, or a justice of the supreme court designated by the chief justice to act for him, who shall be chairman thereof. In addition to the chief justice, or his designee, three resident members of the bar engaged in active practice shall be elected by the Wyoming state bar and three electors of the state not admitted to practice law shall be appointed by the governor to serve on said commission for such staggered terms as shall be prescribed by law. No more than two members of said commission who are residents of the same judicial district may qualify to serve any term or part of a term on the commission. In the case of courts having less than statewide authority, each judicial district not otherwise represented by a member on the commission, and each county, should the provisions hereof be extended by law to courts of lesser jurisdiction than district courts, shall be represented by two nonvoting advisors to the commission when an appointment to a court in such unrepresented district, or county, is pending; both of such advisors shall be residents of the district, or county, and one shall be a member of the bar appointed by the governing body of the Wyoming state bar and one shall be a nonattorney advisor appointed by the governor.
(d) No member of the commission excepting the chairman shall hold any federal, state or county public office or any political party office, and after serving a full term he shall not be eligible for reelection or reappointment to succeed himself on the commission. No member of the judicial nominating commission shall be eligible for appointment to any judicial office while he is a member of the commission nor for a period of one year after the expiration of his term for which he was elected or appointed. Vacancies in the office of commissioner shall be filled for the unexpired terms in the same manner as the original appointments. Additional qualifications of members of the commission may be prescribed by law.
(e) The chairman of the commission shall cast votes only in the event of ties. The commission shall operate under rules adopted by the supreme court. Members of the commission shall be entitled to no compensation other than expenses incurred for travel and subsistence while attending meetings of the commission.
(f) The terms of supreme court justices shall be eight years and the terms of district court judges shall be six years.
(g) Each justice or judge selected under these provisions shall serve for one 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 on a ballot which shall submit to the appropriate electorate the question whether such justice or judge shall be retained in office for another term or part of a term, and upon filing a declaration of candidacy in the form and at the times prescribed by law, he shall, at the general election next held before the expiration of each term, stand for retention on such ballots. The electorate of the whole state shall vote on the question of retention or rejection of justices of the supreme court, and any other statewide court; the electorate of the several judicial districts shall vote on the question of retention or rejection of judges of their respective districts, and the electorate of such other subdivisions of the state as shall be prescribed by law shall vote on the question of retention or rejection of any other judges to which these provisions may be extended.
(h) A justice or judge selected hereunder, or one that is in office upon the effective date of this amendment, who shall desire to retain his judicial office a succeeding term, following the expiration of his existing term of office, shall file with the appropriate office not more than 6 months nor less than 3 months before the general election to be held before the expiration of his existing term of office a declaration of intent to stand for election for a succeeding term. When such a declaration of intent is filed, the appropriate electorate shall vote upon a nonpartisan judicial ballot on the question of retention in or rejection from office of such justice or judge, and if a majority of those voting on the question vote affirmatively, the justice or judge shall be elected to serve the succeeding term prescribed by law. If a justice or judge fails to file such a declaration within the time specified, or if a majority of those voting on the question vote negatively to any judicial candidacy, a vacancy will thereby be created in that office at the end of its existing term.
Art. V §5 | VOLUNTARY RETIREMENT AND COMPENSATION OF JUSTICES AND JUDGES
Art. V §6 | COMMISSION ON JUDICIAL CONDUCT AND ETHICS
(ii) Three (3) members of the Wyoming state bar, appointed by its governing body; and
(iii) Six (6) electors of the state, who are not active or retired judges or attorneys, appointed by the governor and confirmed by the senate.
(c) The commission shall divide itself into investigatory and adjudicatory panels for each case considered. No commission member may serve on an adjudicatory panel in any case in which that member served in an investigatory capacity.
(d) The commission, or a panel thereof, shall consider complaints of judicial misconduct made against judicial officers and, to the extent permitted and as provided for by the code of judicial conduct, may:
(ii) Recommend discipline of a judicial officer to the supreme court or a special supreme court.
(ii) The staggering of terms, and the removal and filling of vacancies of commission members;
(iii) The appointment of a special supreme court composed of five (5) district judges who are not members of the commission, to act in the place of the supreme court in any case involving the discipline or disability of a justice of the supreme court; and
(iv) Procedures for the operation of the commission including exercise of the commission's disciplinary powers.
(ii) For any judicial officer removed from office, order a forfeiture of any pension or retirement benefits accrued after the offending conduct, except for those that have been vested under the Wyoming retirement act or any local plan;
(iii) Suspend the judicial officer from practicing law in this state; and
(iv) Remove a judicial officer from office or impose other discipline permitted by the rules for judicial discipline for conduct that constitutes willful misconduct in office, or for a willful and persistent failure to perform the duties of the office, or for habitual intemperance, or for conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or for a violation of the code of judicial conduct.
(h) A judicial officer removed from office is ineligible for any judicial office.
(j) This section applies to all judicial officers during their service on the bench and to former judicial officers regarding allegations of judicial misconduct occurring during service on the bench if a complaint is made within one (1) year following service. The term "judicial officer" includes all members of the judicial branch of government performing judicial functions.
Art. V §7 | SUPREME COURT GENERALLY; TERMS OF COURT
Art. V §8 | SUPREME COURT GENERALLY; QUALIFICATIONS OF JUSTICES
Art. V §9 | SUPREME COURT GENERALLY; CLERK
Art. V §10 | DISTRICT COURTS GENERALLY; JURISDICTION
Art. V §11 | DISTRICT COURTS GENERALLY; JUDGES TO HOLD COURT FOR EACH OTHER
Art. V §12 | DISTRICT COURTS GENERALLY; QUALIFICATIONS OF JUDGES
Art. V §13 | DISTRICT COURTS GENERALLY; CLERKS
Art. V §14 | DISTRICT COURTS GENERALLY; COMMISSIONERS
Art. V §15 | STYLE OF PROCESS
Art. V §16 | SUPREME COURT JUDGES LIMITED TO JUDICIAL DUTIES
Art. V §17 | SALARIES OF JUDGES OF SUPREME AND DISTRICT COURTS
Art. V §18 | APPEALS FROM DISTRICT COURTS TO SUPREME COURT
Art. V §19 | STATE DIVIDED INTO DISTRICTS; ELECTION AND TERMS OF DISTRICT JUDGES
Art. V §20 | DISTRICTS DEFINED
District number two shall consist of the counties of Albany, Johnson and Sheridan.
District number three shall consist of the counties of Carbon, Sweetwater, Uinta and Fremont.
Art. V §21 | INCREASE IN NUMBER OF DISTRICTS AND JUDGES
Art. V §22 | JURISDICTION OF JUSTICES OF THE PEACE
Art. V §23 | APPEALS FROM JUSTICES' COURTS
Art. V §24 | TERMS OF DISTRICT COURTS; ATTACHING UNORGANIZED TERRITORY TO ORGANIZED COUNTIES
Art. V §25 | JUDGES OF SUPREME AND DISTRICT COURTS SHALL NOT PRACTICE
Art. V §26 | POWER TO FIX TERMS OF COURT
Art. V §27 | JUDGES OF SUPREME AND DISTRICT COURTS SHALL NOT HOLD OTHER OFFICE
Art. V §28 | APPEALS FROM BOARDS OF ARBITRATION
Art. V §29 | JUVENILE DELINQUENCY AND DOMESTIC RELATIONS COURTS
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- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
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