§ 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.

History. Laws 1957, ch. 100, § 4; W.S. 1957, § 5-1.

Cross references. —

As to qualifications of supreme court justices, see art. 5, § 8, Wyo. Const.

As to qualifications of district court judges, see art. 5, § 12, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of age requirement for state public office, 90 ALR3d 900.

§ 5-1-102. Terms of judicial nominating commission members; expenses; removal.

1. 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 .
2. 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.

History. Laws 1973, ch. 111, § 1; W.S. 1957, § 5-1.1; Laws 1987, ch. 175, § 1; 2010, ch. 69, § 203.

Cross references. —

As to meal, lodging and traveling expenses, see §§ 9-3-102 and 9-3-103 .

The 2010 amendment, effective July 1, 2010, in (a), deleted the former fourth sentence, which read: “The terms of all initial elected and appointed members shall begin on March 1, 1973.”

§ 5-1-103. Terms of members of the commission on judicial conduct and ethics; removal; expenses.

1. 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.
2. 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 .
3. 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.

History. Laws 1973, ch. 107, § 1; W.S. 1957, § 5-1.2; Laws 1987, ch. 175, § 1; 1997, ch. 126, § 1.

Cross references. —

As to meal, lodging and travel expenses, see §§ 9-3-102 and 9-3-103 .

§ 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.

History. Laws 1957, ch. 100, § 3; W.S. 1957, § 5-2.

Meaning of “this act.” —

The words “This act,” referred to in this section, mean Laws 1957, ch. 100, which appears as §§ 5-1-101 , 5-1-104 and 5-3-102 .

§ 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.

History. Laws 1909, ch. 12, § 1; C.S. 1910, § 890; C.S. 1920, § 1119; Laws 1921, ch. 72, § 1; R.S. 1931, § 31-115; C.S. 1945, § 1-113; Laws 1949, ch. 65, § 1; 1953, ch. 101, § 1; 1957, ch. 157, § 1; W.S. 1957, § 5-3; Laws 1961, ch. 148, § 1; 1963, ch. 116, § 16; 1965, ch. 115, § 1; 1969, ch. 168, § 5.

§ 5-1-106. Retirement of judges of the supreme court or district courts; pension; assignment of retired judges.

1. 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:
   1. Not less than eighteen (18) years;
   2. Not less than fifteen (15) years and is  sixty-five (65) years of age or more;
   3. Not less than twelve (12) years and is  seventy (70) years of age or more;
   4. Not less than six (6) consecutive years  and is sixty-five (65) years of age or more;
   5. Less than six (6) years but continuously  from the date of appointment to the age of seventy (70) years;
   6. Not less than twelve (12) years and is  fifty-five (55) years of age or more;
   7. Not less than six (6) years and dies in  office or is retired by the supreme court for disability.
2. 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.
3. 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.
4. 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 .
5. 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.
6. 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.
7. 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:
   1. 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;
   2. 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.
8. 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.

History. Laws 1927, ch. 14, § 1; R.S. 1931, § 31-116; C.S. 1945, § 1-114; Laws 1949, ch. 118, §§ 1, 2; 1953, ch. 203, § 1; 1957, ch. 186, § 1; W.S. 1957, § 5-4; Laws 1963, ch. 136, § 1; 1971, ch. 137, §§ 1, 2; 1973, ch. 5, § 1; 1979, ch. 39, § 1; 1981, ch. 56, § 1; ch. 96, § 1; 1983, ch. 55, § 1; 1992, ch. 62, § 1; 2004, ch. 130, § 1; 2006, ch. 32, § 1; 2007, ch. 36, § 1.

Cross references. —

As to assignment of retired judge by chief justice of the supreme court in case of death of district judge or other emergencies, see § 5-3-107 .

As to Wyoming retirement system generally, see § 9-3-401 et seq.

The 2004 amendment, in (d) and (e), substituted “section” for “act” or a variation.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2006 amendment rewrote (d) to clarify judicial retirement.

Laws 2006, ch. 32, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved March 9, 2006.

The 2007 amendment, effective July 1, 2007, in (f), substituted “his” for “such” and substituted “an amount equal to” for “the difference between his retirement allowance as provided by law and” in the second sentence, inserted the third sentence, and made a stylistic change.

Editor's notes. —

The words “the effective date of this act” in subsection (e) refer to the effective date of Laws 1971, ch. 137, which carried no provision as to its effective date, but was enacted at a session that adjourned on February 20, 1971. See § 8-1-108 .

Appropriations. —

Laws 2007, ch. 36, § 2 provides as follows: “For the period beginning with the effective date of this act and ending June 30, 2008, there is appropriated from the general fund to the Wyoming Supreme Court fifty thousand dollars ($50,000.00).”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cited in

Spriggs v. Copenhaver, 459 P.2d 203, 1969 Wyo. LEXIS 160 (Wyo. 1969); Jackson v. State, 624 P.2d 751, 1981 Wyo. LEXIS 277 (Wyo. 1981); Morris v. Farmers Ins. Exch., 771 P.2d 1206, 1989 Wyo. LEXIS 90 (Wyo. 1989); State v. Hat Bar Cattle Co. (In re General Adjudication of All Rights to Use Water in the Big Horn River Sys.), 2015 WY 126, 2015 Wyo. LEXIS 143 (Sept. 16, 2015); Robert L. Kroenlein Trust v. Kirchhefer, 2015 WY 127, 2015 Wyo. LEXIS 144 (Sept. 17, 2015); Scherf v. State (In re Scherf), 2015 WY 130, 2015 Wyo. LEXIS 146 (Sept. 23, 2015); Pope v. Rosenberg, 2015 WY 142, 2015 Wyo. LEXIS 160 (Nov. 12, 2015); N. Fork Land & Cattle, LLLP v. First Am. Title Ins. Co., 2015 WY 150, 2015 Wyo. LEXIS 167 (Nov. 24, 2015).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of statutory classifications based on population, governmental employee salary or pension statutes, 96 ALR3d 538.

§ 5-1-107. Personal jurisdiction; service of process outside state.

1. A Wyoming court may exercise jurisdiction  on any basis not inconsistent with the Wyoming or United States constitution.
2. 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.

History. Laws 1967, ch. 237, § 3; W.S. 1957, § 5-4.3; Laws 1977, ch. 178, § 1.

Cross references. —

As to service of process and proof of service, see Rule 4, W.R.C.P.

No personal jurisdiction due to insufficient contacts with Wyoming.—

Although an advisor claimed that it entered into a fee agreement with foreign corporations in the negotiation of a merger between the corporations and partially performed under that agreement in Wyoming, because the advisor failed to make a prima facie showing that the corporations purposefully availed themselves of privilege of acting in Wyoming, or that its cause of action arose from the consequences in Wyoming of the corporations’ Wyoming activities, specific personal jurisdiction did not exist over the corporations in a contract dispute. H&P Advisory, Ltd. v. Randgold Res., Ltd., 2020 WY 74, 465 P.3d 433, 2020 Wyo. LEXIS 84 (Wyo. 2020).

Promissory note.—

District court had personal jurisdiction over the purchasers for purposes of a seller’s action to collect on a promissory note where one purchaser had been served in the State, and the other had voluntarily appeared without contesting personal jurisdiction. Woodie v. Whitesell, 2019 WY 115, 451 P.3d 1152, 2019 Wyo. LEXIS 117 (Wyo. 2019).

No personal jurisdiction. —

Trial court did not have specific personal jurisdiction over the directors and officers (directors) of a Wyoming corporation since shareholders' (SH) injuries did not arise out of the directors' forum-related activities under the proximate cause approach as the directors were accused of taking action in China that damaged the value of the corporation that operated entirely in China; the but-for test was also not met as the directors' limited contacts with Wyoming were not a but-for cause of the shareholder derivative suit, and the incorporation of the corporation in Wyoming remained outside the causal chain leading to the SH's injuries. Schmitz v. Xiqing Diao, 2013 U.S. Dist. LEXIS 160685 (D. Wyo. Nov. 7, 2013).

Fraud case against several rating agencies was dismissed because whether the agencies knew that investors in Wyoming would rely on their credit ratings did not alone form the basis for exercising personal jurisdiction over them; the State failed to make a prima facie showing that Wyoming was the focal point or that the agencies expressly aimed their tortious conduct at Wyoming. Moreover, an allegation of a violation of the Wyoming Uniform Securities Act did not supersede the due process requirements of the United States Constitution. State v. Moody's Investors Serv., 2015 WY 66, 349 P.3d 979, 2015 Wyo. LEXIS 75 (Wyo. 2015).

Consent to personal jurisdiction. —

Complaint against an individual defendant was improperly dismissed for lack of proper service because the defendant, by not questioning the district court's personal jurisdiction when the defendant filed a motion to dismiss, waived the defendant's objection and submitted to the jurisdiction of the court. Lundahl v. Gregg, 2014 WY 110, 334 P.3d 558, 2014 Wyo. LEXIS 126 (Wyo. 2014).

Questions of fact as to validity of service. —

Complaint against out-of-state individual defendants was improperly dismissed for lack of proper service because questions of fact existed as to the validity of the service in that, although the affidavits of service had the stamp of a Utah notary, the notary's name was misspelled on the signature line. Lundahl v. Gregg, 2014 WY 110, 334 P.3d 558, 2014 Wyo. LEXIS 126 (Wyo. 2014).

Jurisdiction extended to constitutional limit. —

This section extends state court jurisdiction in Wyoming to the constitutionally permissible limit. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982). See, also, First Wyo. Bank, N. A. v. Trans Mountain Sales & Leasing, 602 P.2d 1219, 1979 Wyo. LEXIS 484 (Wyo. 1979).

No personal jurisdiction due to insufficient contacts with Wyoming. —

Based on Wyo. Stat. Ann. § 5-1-107(a) and constitutional due process requirements, personal jurisdiction was lacking in a defamation case in which the parties' contractual dealings took place outside Wyoming, no defamatory statements were shown to have been made in Wyoming, and any contacts with Wyoming were attenuated. Cheyenne Publ., LLC v. Starostka, 2004 WY 88, 94 P.3d 463, 2004 Wyo. LEXIS 116 (Wyo. 2004).

Jurisdiction is question of local law. —

Whether a foreign corporation is subject to in personam jurisdiction in a diversity action has been recognized in the tenth circuit as being an issue to be determined by application of state or local law rather than federal law. Prehoda v. Edward Hines Lumber Co., 399 F. Supp. 643, 1975 U.S. Dist. LEXIS 16373 (D. Wyo. 1975).

Paltry allegations in complaint could not support personal jurisdiction in Wyoming. —

Paltry allegations in the complaint could not support the exercise of personal jurisdiction in Wyoming. In particular: (i) at most, one of the defendants made isolated shipments to Wyoming at the request of third parties, (ii) unlike in Beverly Hills Fan Co. v. Royal Sovereign Corp., 21 F.3d 1558 (Fed. Cir. 1994), moreover, the cause of action for patent infringement here did not arise out of the isolated Wyoming shipments, (iii) plaintiff failed to submit any declarations identifying sales in Wyoming that would have refuted defendants' assertions that their contacts with Wyoming were sporadic at best, and (iv) plaintiff proffered no evidence indicating that Wyoming was part of any defendant's continuous, established distribution channels, AFTG-TG, LLC v. Nuvoton Tech. Corp., 689 F.3d 1358, 2012 U.S. App. LEXIS 18030 (Fed. Cir. 2012).

But basis of jurisdiction must not offend due process. —

Each case must depend upon its own facts, and the burden is upon the plaintiff to establish that a basis exists for the exercise of jurisdiction over the defendant by the federal district court so that such exercise would not offend traditional concepts of due process. Prehoda v. Edward Hines Lumber Co., 399 F. Supp. 643, 1975 U.S. Dist. LEXIS 16373 (D. Wyo. 1975).

This section authorizes the state courts of Wyoming to exercise personal jurisdiction over an individual or a business organization only so long as the exercise of personal jurisdiction will not offend or violate the due process clause of U.S. Const., amend. 14. Markby v. St. Anthony Hosp. Sys., 647 P.2d 1068, 1982 Wyo. LEXIS 353 (Wyo. 1982).

The courts of Wyoming are authorized by statute to exercise personal jurisdiction over defendants on any basis which is not inconsistent with the Wyoming or United States constitutions. So long as the exercise of jurisdiction does not offend the due process clause of the fourteenth amendment to the United States Constitution, the courts of this state have jurisdiction over a defendant. Amoco Prod. Co. v. EM Nominee Partnership Co., 886 P.2d 265, 1994 Wyo. LEXIS 152 (Wyo. 1994).

Due process requires that the defendant have certain “minimum contacts” with the forum state such that the exercise of jurisdiction over him does not offend “traditional notions of fair play and substantial justice.” Amoco Prod. Co. v. EM Nominee Partnership Co., 886 P.2d 265, 1994 Wyo. LEXIS 152 (Wyo. 1994).

Prima facie showing of jurisdiction. —

Plaintiff failed to make a prima facie showing that personal jurisdiction existed over a nonresident defendant where plaintiff's pleadings did not include any reference to defendant's contacts with the state of Robinson v. U-Haul Int'l, 929 P.2d 1236, 1997 Wyo. LEXIS 4 (Wyo. 1997).

In a breach of contract action, where the complaint and attached contract showed that nonresident defendant had contracted with the Wyoming plaintiff to drill a well on the defendant's Wyoming ranch, the plaintiff made a prima facie showing of personal jurisdiction over the defendant. Chamberlain v. Ruby Drilling Co., 986 P.2d 846, 1999 Wyo. LEXIS 130 (Wyo. 1999).

Personal jurisdiction was proper under the Wyoming long-arm statute and the Due Process Clause in an insurer's declaratory action because the insured purposefully availed itself of doing business in Wyoming, its alleged negligence there was a causal event, and the exercise of personal jurisdiction was reasonable. Emplrs Mut. Cas. Co. v. Bartile Roofs, Inc., 618 F.3d 1153, 2010 U.S. App. LEXIS 18690 (10th Cir. Wyo. 2010).

Distinction between “general” and “specific” personal jurisdiction. —

The United States supreme court has distinguished between “general” and “specific” personal jurisdiction. “Specific” jurisdiction is when a state exercises jurisdiction over a defendant in a suit arising out of or related to that defendant's contacts with the forum. In contrast, “general” jurisdiction is when a state exercises jurisdiction over the defendant in a suit not arising out of or related to that defendant's contacts with the state. Amoco Prod. Co. v. EM Nominee Partnership Co., 886 P.2d 265, 1994 Wyo. LEXIS 152 (Wyo. 1994).

Defendant's activities in state must satisfy minimal contacts test. —

In order to bring a nonresident defendant within the long-arm jurisdiction of this state, the activities of the defendant within the state must be such as to satisfy the minimal contacts test. Leff v. Berger, 383 F. Supp. 441, 1974 U.S. Dist. LEXIS 6083 (D. Wyo. 1974).

Due process requires that a defendant have such minimal contacts with the forum state so that maintenance of the suit does not offend traditional beliefs of fair play and substantial justice. Prehoda v. Edward Hines Lumber Co., 399 F. Supp. 643, 1975 U.S. Dist. LEXIS 16373 (D. Wyo. 1975).

Minimum contacts must exist between a nonresident defendant and Wyoming so that the maintenance of the suit here would not offend the due process clause of the fourteenth amendment. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982).

Transient jurisdiction constitutional. —

Transient jurisdiction does not offend the due process requirements of fair play and substantial justice. There is no unfairness or injustice in the exercise of personal jurisdiction based upon an individual's presence within a state. Nutri-West v. Gibson, 764 P.2d 693, 1988 Wyo. LEXIS 164 (Wyo. 1988).

And minimum contacts analysis inappropriate. —

If an individual is served while present in the forum state, minimum contacts analysis is not appropriate for determining jurisdiction over that individual. Nutri-West v. Gibson, 764 P.2d 693, 1988 Wyo. LEXIS 164 (Wyo. 1988).

Whether minimum contacts established decided on particular facts. —

Whether a nonresident defendant has the requisite minimum contacts with the forum state to establish in personam jurisdiction must be decided on the particular facts of each case. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982).

The determination of whether the exercise of jurisdiction is reasonable must be evaluated in light of several factors, including the burden on the defendant, the forum's interest in adjudicating the dispute, the plaintiff's interest in obtaining effective relief in a convenient forum if that interest cannot be adequately protected by his power to select the forum, the interstate judicial system's interest in the efficient resolution of conflicts, and in the shared interests of the states in furthering fundamental substantive social policies. Amoco Prod. Co. v. EM Nominee Partnership Co., 886 P.2d 265, 1994 Wyo. LEXIS 152 (Wyo. 1994).

No personal jurisdiction. —

The quality and nature of the transaction alleged was, with respect to Wyoming, so random and fortuitous that defendant could not have anticipated being haled into a Wyoming court. O'Bryan v. McDonald, 952 P.2d 636, 1998 Wyo. LEXIS 3 (Wyo. 1998).

But relationship between defendant and forum must be reasonable one. —

Under the concept of minimum contacts, the relationship between the defendant and the forum must be such that it is reasonable to require the defendant to defend the particular suit which is brought here. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982).

And nexus between forum state and cause of action dispositive. —

In determining whether a state court may exercise personal jurisdiction over a nonresident defendant, the nexus between the contact with the forum state and the cause of action is a dispositive factor. Markby v. St. Anthony Hosp. Sys., 647 P.2d 1068, 1982 Wyo. LEXIS 353 (Wyo. 1982).

The burden is on the plaintiff, once the defendant has contested the court's jurisdiction over him, to make a prima facie showing that the defendant is subject to personal jurisdiction in the state. Amoco Prod. Co. v. EM Nominee Partnership Co., 886 P.2d 265, 1994 Wyo. LEXIS 152 (Wyo. 1994); Robinson v. U-Haul Int'l, 929 P.2d 1236, 1997 Wyo. LEXIS 4 (Wyo. 1997).

This section allows for in-personam jurisdiction over an out-of-state guarantor of loan from Wyoming bank. First Wyo. Bank v. Trans Mt. Sales & Leasing, Inc., 602 P.2d 1219, 1979 Wyo. LEXIS 484 (Wyo. 1979).

Where products sold in contemplation of state use, purchase from middleman irrelevant. —

Where alleged liability arises from the manufacture of products presumably sold in contemplation of use in Wyoming, it should not matter that the purchase was made from an independent middleman or that someone other than the manufacturer shipped the product into this state. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982).

Advertising, soliciting business establishes minimum contacts. —

A Delaware corporation which manufactured aircraft in Kansas, and advertised and solicited business in Wyoming, established minimum contacts with Wyoming sufficient to support a federal district court's exercise of specific in personam jurisdiction over the corporation. Hayworth v. Beech Aircraft Corp., 690 F. Supp. 962, 1988 U.S. Dist. LEXIS 8514 (D. Wyo. 1988).

Parent corporation, insulating subsidiary's liability, subject to jurisdiction. —

A nonresident defendant, a parent corporation of another defendant, a Wyoming engineering firm which was alleged to have negligently performed soil studies at in-state site for the plaintiff, was subject to long-arm jurisdiction in Wyoming, where, apart from its status as parent corporation of the engineering firm, it was transacting business in Wyoming on its own account, as well as attempting to insulate its subsidiary's assets and equity from exposure to liability which might have resulted from the suit. Eastridge Dev. Co. v. Halpert Associates, Inc., 853 F.2d 772, 1988 U.S. App. LEXIS 10133 (10th Cir. Wyo. 1988).

Minimum contacts were present where a California newspaper sold syndicated features to newspaper subscribers; mailed solicitations to Wyoming newspapers and had solicited advertising in Wyoming, sent five to eight copies of its newspaper to subscribers in Wyoming, plus mailed 23 copies to Wyoming on Sundays; and dispatched three reporters to Wyoming for the purpose of investigating and writing the story for which it was being sued, which story concerned alleged criminal activities in Wyoming and had a Wyoming dateline. Anselmi v. Denver Post, Inc., 552 F.2d 316, 1977 U.S. App. LEXIS 14423 (10th Cir. Wyo.), cert. denied, 432 U.S. 911, 97 S. Ct. 2960, 53 L. Ed. 2d 1084, 1977 U.S. LEXIS 2537 (U.S. 1977).

Court had in personam jurisdiction to enforce order for child support by using its contempt power, and jurisdiction was not lost by removal of the defendant from the state. Graham v. Fenno, 734 P.2d 983, 1987 Wyo. LEXIS 418 (Wyo. 1987).

Court had personal jurisdiction over nonresident defendant in action arising out of contract involving the transfer of a one-third interest in Texas property in exchange for a promissory note and the transfer of ownership of an airplane, where the only material change in the status of the parties since the execution of the contract was defendant's change of residence from Wyoming to Texas. Eddy v. Oukrop, 784 P.2d 610, 1989 Wyo. LEXIS 255 (Wyo. 1989).

Insufficient nexus for personal jurisdiction. —

Where defendant to a quasi-in-rem action on a stock certificate issued by a Wyoming corporation is a resident of the state of Washington and was personally served in that state, this section has no application because she does not have a sufficient nexus with the state of Wyoming for the establishment of personal jurisdiction. Wyoming. National Crude, Inc. v. Ruhl, 600 P.2d 716, 1979 Wyo. LEXIS 456 (Wyo. 1979).

Wyoming could not exercise personal jurisdiction over individual defendants since neither maintained continuous and systematic contacts with Wyoming or purposefully availed himself of the privilege of acting there. Dobbs v. Chevron U.S.A., 39 F.3d 1064, 1994 U.S. App. LEXIS 30115 (10th Cir. Wyo. 1994).

Minimal contacts not shown. —

Where the design, construction and distribution of an allegedly defective machine did not occur in Wyoming, but in Oregon; the injury fortuitously occurred in the state of Wyoming; the record did not reveal the extent of the manufacturer's sales in Wyoming; but, according to an affidavit, it appeared that the manufacturer had no agents in Wyoming and it was alleged therein that few sales had occurred in Wyoming; and further distribution into Wyoming was achieved by secondary means through another corporation, which it was alleged had no interest in or relationship to the manufacturer, given the record available, it would appear that this was a single occurrence and one injury and that the manufacturer did not have such “minimal contacts” as to render it amenable to the jurisdiction of the federal district court in conformity with the principles of due process. Prehoda v. Edward Hines Lumber Co., 399 F. Supp. 643, 1975 U.S. Dist. LEXIS 16373 (D. Wyo. 1975).

Local distribution of allegedly libelous material originally published in another state was an inadequate basis for obtaining jurisdiction. Whitaker v. Denver Post, Inc., 401 F. Supp. 60, 1975 U.S. Dist. LEXIS 15901 (D. Wyo. 1975), rev'd, 552 F.2d 316, 1977 U.S. App. LEXIS 14423 (10th Cir. Wyo. 1977).

Austrian manufacturer of ski binding equipment did not have sufficient contacts with Wyoming for the district court in the state to establish personal or general jurisdiction over it. Kuenzle v. HTM Sport-Und Freizeitgerate AG, 102 F.3d 453, 1996 U.S. App. LEXIS 32227 (10th Cir. Wyo. 1996).

Purposeful availment. —

Father's use of service of process within Wyoming to obtain mother's appearance in a custody action in Idaho did not constitute purposeful availment such that Wyoming courts obtained personal jurisdiction over the father. Goodwin v. Hall, 957 P.2d 1299, 1998 Wyo. LEXIS 57 (Wyo.), cert. denied, 525 U.S. 873, 119 S. Ct. 173, 142 L. Ed. 2d 141, 1998 U.S. LEXIS 5660 (U.S. 1998).

Because a suit alleging negligence and other claims relating to a Pennsylvania bank's handling of a line of credit was based upon activities that had substantial connections with Wyoming, including the bank's acceptance of Wyoming property as collateral for loan funds that were used as working capital for Wyoming operations, the district court had personal jurisdiction over the bank. Black Diamond Energy Partners 2001-Black Diamond Energy Partners 2001-A Ltd. v. S&T Bank, 2012 WY 84, 278 P.3d 738, 2012 Wyo. LEXIS 90 (Wyo. 2012).

Shareholders did not satisfy the consequences of the action element of the purposeful direction inquiry for minimum contacts under this section and the Federal Due Process Clause since: (1) the directors did not expressly aim their alleged misconduct at Wyoming and the Wyoming corporation never operated there; (2) the corporation conducted business exclusively in China and its corporate headquarters were located in Beijing; (3) no shareholder resided in Wyoming; and (4) the corporation and its shareholders were injured primarily in China, or at least outside of Wyoming. Schmitz v. Xiqing Diao, 2013 U.S. Dist. LEXIS 160685 (D. Wyo. Nov. 7, 2013).

Trial court lacked personal jurisdiction over the directors and officers (directors) of a Wyoming corporation under this section and the Federal Due Process Clause since their actions as directors did not justify forcing them before a Wyoming court where: (1) the corporation was a phantom resident of Wyoming and did business only in China; (2) none of the directors resided in Wyoming; and (3) their contacts with Wyoming were minimal, and consisted entirely of phone calls and/or emails with corporate counsel located in Wyoming, but even that communication was sparse. Schmitz v. Xiqing Diao, 2013 U.S. Dist. LEXIS 160685 (D. Wyo. Nov. 7, 2013).

Shareholders satisfied the intentional action element of the purposeful direction inquiry for minimum contacts under this section and the Federal Due Process Clause as they claimed that the directors intentionally acted in a wrongful manner by falsely reporting inflated financial information to induce the public to invest in a corporation. Schmitz v. Xiqing Diao, 2013 U.S. Dist. LEXIS 160685 (D. Wyo. Nov. 7, 2013).

Shareholders did not satisfy the express aiming element of the purposeful direction inquiry for minimum contacts under this section and the Federal Due Process Clause since: (1) the focal point of any wrongful actions perpetuated against the corporation was in China as the corporation operated exclusively there; (2) the corporation had not conducted any business in Wyoming, and the true effect of the directors' alleged conduct was not felt there; and (3) no shareholder resided in Wyoming, so it could not be said that the directors intended to entice Wyomingites to purchase the corporation's stock at a nefariously-inflated price. Schmitz v. Xiqing Diao, 2013 U.S. Dist. LEXIS 160685 (D. Wyo. Nov. 7, 2013).

Loan participation agreements insufficient. —

Loan participation agreements involving South Dakota savings and loan associations, and ownership by the associations of Wyoming real property, were insufficient to establish personal jurisdiction over the associations in Wyoming, where the agreements created no rights between them and the borrowers, and the cause of action did not arise as a result of the associations' ownership of the Wyoming property. Ten Mile Industrial Park v. Western Plains Service Corp., 810 F.2d 1518, 1987 U.S. App. LEXIS 1520 (10th Cir. Wyo. 1987).

Out-of-state personal service on nonresident defendant. —

Under Rule 4(l)(1), W.R.C.P., and this section, out-of-state personal service upon a nonresident defendant is proper. First Wyo. Bank v. Trans Mt. Sales & Leasing, Inc., 602 P.2d 1219, 1979 Wyo. LEXIS 484 (Wyo. 1979).

Out-of-state personal service can affect in-personam jurisdiction over nonresident. First Wyo. Bank v. Trans Mt. Sales & Leasing, Inc., 602 P.2d 1219, 1979 Wyo. LEXIS 484 (Wyo. 1979).

In personam jurisdiction is not required where proceeding is quasi-in-rem action, affecting only the interest of the parties in specific property located in Wyoming. National Crude, Inc. v. Ruhl, 600 P.2d 716, 1979 Wyo. LEXIS 456 (Wyo. 1979).

Personal jurisdiction is obtainable by federal court in manner permitted by state law of the particular state in which the federal district court is held. Shanks v. Westland Equipment & Parts Co., 668 F.2d 1165, 1982 U.S. App. LEXIS 22482 (10th Cir. Wyo. 1982).

Tolling provision for departed defendant not rescinded. —

After the cause of action for medical malpractice accrued, the defendant departed from the state of Wyoming, and then, as § 1-3-116 plainly states, during his absence, the statute of limitations was tolled. The policy behind the tolling provision in the statute of limitations was not rescinded by the existence of this section, since only if the plaintiff had known where to find the defendant, which she did not, would this section have operated to permit effective service. Greenwood v. Wierdsma, 741 P.2d 1079, 1987 Wyo. LEXIS 518 (Wyo. 1987), limited, Adams v. Walton, 2011 WY 58, 248 P.3d 1167, 2011 Wyo. LEXIS 61 (Wyo. 2011).

Applied in

Anderson v. Perry, 667 P.2d 1155, 1983 Wyo. LEXIS 352 (Wyo. 1983).

Quoted in

Stanbury v. Larsen, 803 P.2d 349, 1990 Wyo. LEXIS 151 (Wyo. 1990).

Stated in

Olmstead v. Cattle, Inc., 541 P.2d 49, 1975 Wyo. LEXIS 170 (Wyo. 1975).

Cited in

Booth v. Magee Carpet Co., 548 P.2d 1252, 1976 Wyo. LEXIS 183 (Wyo. 1976); Shaw v. Smith, 964 P.2d 428, 1998 Wyo. LEXIS 145 (Wyo. 1998).

Law reviews. —

For case note on Cozzens v. Piper Aircraft Corp., 514 P.2d 1375, 1973 Wyo. LEXIS 185 (Wyo. 1973), see IX Land & Water L. Rev. 649 (1974).

For article, “Exemptions from Securities Registration for Small Issue: Shifting from Full Disclosure — Part II: The Intrastate Offering Exemption and Rule 147,” see XI Land & Water L. Rev. 161 (1976).

For comment, “Nonresident Jurisdiction in Wyoming: An Analysis of Jurisdiction in Products Liability and Libel Litigation,” see XI Land & Water L. Rev. 557 (1976).

For case note, “Civil Procedure — Ropin' em on the Range in the Cowboy State: Should Assertions of Transient Jurisdiction Be Subject to ‘Minimum Contacts’ Analysis? Nutri-West v. Gibson, 764 P.2d 693, 1988 Wyo. LEXIS 164 (Wyo. 1988),” see XXV Land & Water L. Rev. 239 (1990).

Am. Jur. 2d, ALR and C.J.S. references. —

Long-arm statutes: obtaining jurisdiction over nonresident parent in filiation or support proceeding, 76 ALR3d 708.

Stipulation extending time to answer or otherwise proceed as waiver of objection to jurisdiction for lack of personal service — state cases, 77 ALR3d 841.

In personam jurisdiction, under long-arm statute, over nonresident attorney in legal malpractice action, 23 ALR4th 1044.

Religious activities as doing or transaction of business under “long-arm” statutes or rules of court, 26 ALR4th 1176.

Forum state's jurisdiction over nonresident defendant in action based on obscene or threatening telephone call from out of state, 37 ALR4th 852.

Products liability: personal jurisdiction over nonresident manufacturer of component incorporated in another product, 69 ALR4th 14.

In personam jurisdiction, in libel and slander action, over nonresident who mailed allegedly defamatory letter from outside state, 83 ALR4th 1006.

Execution, outside of forum, of guaranty of obligations under contract to be performed within forum state as conferring jurisdiction over nonresident guarantors under “long-arm” statute or rule of forum, 28 ALR5th 664.

Validity, construction, and application of “fiduciary shield” doctrine — modern cases, 79 ALR5th 587.

Service of process by mail in international civil action as permissible under Hague Convention, 112 ALR Fed 241.

Effect of use, or alleged use, of Internet on personal jurisdiction in, or venue of, federal court case, 155 ALR Fed 535.

§ 5-1-108. Concurrent jurisdiction of the United States over certain lands in Wyoming.

1. 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:
   1. Grand Teton National Park;
   2. John D. Rockefeller, Jr. Memorial Parkway;
   3. Bighorn Canyon National Recreation Area;
   4. Devils Tower National Monument;
   5. Fort Laramie National Historic Site; and
   6. Fossil Butte National Monument.
2. 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.

History. Laws 1977, ch. 95, § 1; W.S. 1957, § 5-4.4; Laws 1980, ch. 15, § 1.

§ 5-1-109. Deaf and mute persons; rights enumerated.

1. 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.
2. 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.
3. 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.

History. Laws 1979, ch. 68, § 1; 2004, ch. 42, § 1.

The 2004 amendment deleted “or justice” following “presiding judge” in (a).

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Am. Jur. 2d, ALR and C.J.S. references. —

Deaf-mute as witness, 50 ALR4th 1188.

Ineffective assistance of counsel: use or nonuse of interpreter at prosecution of hearing-impaired defendant, 86 ALR4th 698.

§ 5-1-110. Salaries of judges.

1. 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:
   1. 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;
   2. 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;
   3. 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.
   4. Chancery court judges shall receive an annual salary equal to the judges of the district courts.
2. 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.

History. Laws 1988, ch. 96, § 1; 1990, ch. 45, § 1; 1991, ch. 244, § 1; 1998, ch. 105, § 1; 2000, ch. 24, § 4; 2002 Sp. Sess., ch. 97, § 1; 2004, ch. 89, § 1; 2007, ch. 81, § 1; 2008, ch. 46, § 1; 2012, ch. 89, § 1; 2017, ch. 175, § 1; 2019, ch. 98, § 1; ch. 200, § 2.

Cross references. —

As to salaries of judges of supreme and district courts, see art. 5, § 17, Wyo. Const.

The 2004 amendment, effective July 1, 2004, increased judicial salaries.

The 2007 amendment, effective July 1, 2007, in (a), rewrote the subsection to update the salary amount and commencement date for the salary of the supreme court justices in (i), rewrote the subsection to update the salary amount and commencement date for the salary of the district court judges in (ii), and rewrote the subsection to update the salary amount and commencement date for the salary of the circuit judge judges in (iii).

The 2008 amendment, effective July 1, 2008, the amendments to (a)(i) through (iii) increased amounts; and added (b).

The 2012 amendment, effective July 1, 2012, in (a)(i), deleted “one hundred twenty-six thousand five hundred dollars ($126,500.00) commencing July 1, 2008 and” after “salary of,” and added “and one hundred sixty-five thousand dollars ($165,000.00) commencing July 1, 2012”; in (a)(ii), deleted “one hundred twenty thousand four hundred dollars ($120,400.00) commencing July 1, 2008 and” after “salary of,” and added “and one hundred fifty thousand dollars ($150,000.00) commencing July 1, 2012”; and in (a)(iii), deleted “ninety-eight thousand eight hundred dollars ($98,800.00) commencing July 1, 2008 and” after “salary of,” and added “and one hundred nineteen thousand dollars ($119,000.00) commencing July 1, 2012.”

The 2017 amendment, effective July 1, 2017, rewrote (a)(iii) which formerly read: “Circuit court judges shall receive an annual salary of one hundred two thousand eight hundred dollars ($102,800.00) commencing July 1, 2009 and one hundred nineteen thousand dollars ($119,000.00) commencing July 1, 2012.”

The 2019 amendments. — The first 2019 amendment, by ch. 200 § 2, effective March 15, 2019, in the introductory language in (a), added “chancery courts” following “district courts,” and added (a)(iv).

The second 2019 amendment, by ch. 98 § 1, effective July 1, 2019, in (a)(i) substituted “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” for “one hundred thirty-one thousand five hundred dollars ($131,500.00) commencing July 1, 2009 and one hundred sixty-five thousand dollars ($165,000.00) commencing July 1, 2012,” in (a)(ii), substituted “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” for “one hundred twenty-five thousand two hundred dollars ($125,200.00) commencing July 1, 2009 and one hundred fifty thousand dollars ($150,000.00) commencing July 1, 2012,” and in (a)(iii), substituted “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” for “one hundred nineteen thousand dollars ($119,000.00) commencing July 1, 2012 and one hundred twenty-five thousand dollars ($125,000.00) commencing July 1, 2017.”

Editor's notes. —

Laws 2007, ch. 81, § 2, provides that “2006 Wyoming Session Laws, Chapter 35, Section 315 is repealed.”

Laws 2019, ch. 200, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

Appropriations. —

Laws 2007, ch. 81, § 3, provides as follows: “There is appropriated from the general fund to the supreme court four hundred sixty-three thousand eight hundred eighty-one dollars ($463,881.00) for the fiscal year beginning July 1, 2007 to implement the judicial salary increases authorized by this act. This appropriation is intended to replace, on July 1, 2007, the unexpended appropriation previously authorized under 2006 Wyoming Session Laws, Chapter 35, Section 315.”

Laws 2008, ch. 46, § 2, provides as follows: “There is appropriated one million one hundred sixty-four thousand three hundred eighty dollars and twenty-six cents ($1,164,380.26) from the general fund to the supreme court. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of implementing the judicial salary increases authorized by this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.”

§ 5-1-111. Full faith and credit for tribal acts and records.

1. The judicial records, orders and judgments  of the courts of the Eastern Shoshone and Northern Arapaho Tribes  of the Wind River 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:
   1. The tribal documents meet the authentication  requirements of subsection (b) of this section;
   2. The court is a court of record;
   3. The court judgment is a valid judgment;  and
   4. The court certifies that it grants full  faith and credit to the judicial records, orders and judgments of  the courts of this state.
2. To qualify for admission as evidence in  the courts of this state:
   1. 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;
   2. 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.
3. In determining whether a tribal court  is a court of record, the Wyoming court shall determine that:
   1. The court keeps a permanent record of  its proceedings;
   2. Either a transcript or an electronic recording  of the proceeding at issue in the court is available;
   3. Final judgments of the tribal court are  reviewable by a tribal appellate court; and
   4. The court has authority to enforce its  own orders through contempt proceedings.
4. 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:
   1. The court had jurisdiction of the subject  matter and over the person named in the judgment;
   2. The judgment is final under the laws of  the rendering court;
   3. The judgment was procured without fraud,  duress or coercion;
   4. The judgment was procured in compliance  with procedures required by the rendering court; and
   5. The proceedings of the court comply with  the Indian Civil Rights Act of 1968 under 25 U.S.C. §§ 1301 to 1341.
5. 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.
6. 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.
7. 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.

History. Laws 1994, ch. 97, § 1.

§ 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.

History. Laws 1890-91, ch. 49, § 1; R.S. 1899, § 3280; Laws 1905, ch. 4, § 1; C.S. 1910, § 875; C.S. 1920, § 1104; R.S. 1931, § 31-101; C.S. 1945, § 1-101; W.S. 1957, § 5-5.

Cross references. —

As to terms of supreme court, see art. 5, § 7, Wyo. Const.

As to power of court to fix terms in absence of legislation, see art. 5, § 26, Wyo. Const.

§ 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.

History. Laws 1973, ch. 49, § 1; W.S. 1957, § 5-5.1.

Applied in

Goodman v. State, 644 P.2d 1240, 1982 Wyo. LEXIS 339 (Wyo. 1982).

§ 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.

History. Laws 1895, ch. 28, § 1; R.S. 1899, § 3281; C.S. 1910, § 876; C.S. 1920, § 1105; R.S. 1931, § 31-102; C.S. 1945, § 1-102; W.S. 1957, § 5-6.

§ 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.

History. Laws 1895, ch. 28, § 2; R.S. 1899, § 3282; C.S. 1910, § 877; C.S. 1920, § 1106; R.S. 1931, § 31-103; C.S. 1945, § 1-103; W.S. 1957, § 5-7.

§ 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.

History. Laws 1895, ch. 28, § 3; R.S. 1899, § 3283; C.S. 1910, § 878; C.S. 1920, § 1107; R.S. 1931, § 31-104; C.S. 1945, § 1-104; W.S. 1957, § 5-8.

§ 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.

History. Laws 1890-91, ch. 49, § 2; R.S. 1899, § 3285; C.S. 1910, § 879; C.S. 1920, § 1108; R.S. 1931, § 31-105; C.S. 1945, § 1-105; W.S. 1957, § 5-9.

Cross references. —

For constitutional provision as to quorum, see art. 5, § 4, Wyo. Const.

A judge of the district court called to hear a cause in the supreme court is a justice of that court for that cause, as though he had been a regularly elected justice of said court. Phelan v. Cheyenne Brick Co., 26 Wyo. 493, 188 P. 354, 1920 Wyo. LEXIS 10 (Wyo.), reh'g denied, 26 Wyo. 493, 189 P. 1103, 1920 Wyo. LEXIS 11 (Wyo. 1920).

Law reviews. —

For article, Tyler J. Garrett, Anatomy of a Wyoming Appeal: A Practitioner's Guide for Civil Cases, see 16 Wyo. L. Rev. 139 (2016).

§ 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.

History. Laws 1890-91, ch. 49, § 3; R.S. 1899, § 3285; C.S. 1910, § 880; C.S. 1920, § 1109; R.S. 1931, § 31-106; C.S. 1945, § 1-106; W.S. 1957, § 5-10.

§ 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.

History. Laws 1890-91, ch. 49, § 5; R.S. 1899, § 3287; C.S. 1910, § 882; C.S. 1920, § 1111; R.S. 1931, § 31-108; C.S. 1945, § 1-108; W.S. 1957, § 5-11.

Cross references. —

As to style of process, see art. 5, § 15, Wyo. Const.

As to process generally, see chapter 6 of title 1.

§ 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.

History. Laws 1890-91, ch. 49, § 6; R.S. 1899, § 3288; C.S. 1910, § 883; C.S. 1920, § 1112; R.S. 1931, § 31-109; C.S. 1945, § 1-109; W.S. 1957, § 5-12.

§ 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.

History. Laws 1890-91, ch. 49, § 7; R.S. 1899, § 3289; C.S. 1910, § 884; C.S. 1920, § 1113; R.S. 1931, § 31-110; C.S. 1945, § 1-110; W.S. 1957, § 5-13.

Cross references. —

As to publication of decisions, see art. 4 of this chapter.

Applied in

Hamburg v. Hansen, 683 P.2d 662, 1984 Wyo. LEXIS 302 (Wyo. 1984).

Cited in

Town of Lovell v. Menhall, 386 P.2d 109, 1963 Wyo. LEXIS 117 (Wyo. 1963).

Law reviews. —

For article, Tyler J. Garrett, Anatomy of a Wyoming Appeal: A Practitioner's Guide for Civil Cases, see 16 Wyo. L. Rev. 139 (2016).

§ 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.

History. Laws 1890-91, ch. 49, § 8; R.S. 1899, § 3294; C.S. 1910, § 889; C.S. 1920, § 1118; R.S. 1931, § 31-114; C.S. 1945, § 1-111; W.S. 1957, § 5-14.

Cross references. —

As to great seal of state of Wyoming, see § 8-3-101 .

§ 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.

History. C.L. 1876, ch. 106, § 10; R.S. 1887, § 833; R.S. 1899, § 3293; C.S. 1910, § 888; C.S. 1920, § 1117; R.S. 1931, § 31-113; C.S. 1945, § 1-112; W.S. 1957, § 5-15.

Cross references. —

For constitutional prohibition against practicing law, see art. 5, § 25, Wyo. Const.

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and application of state statute prohibiting judge from practicing law, 17 ALR4th 829.

§ 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.

History. C.L. 1876, ch. 106, § 4; R.S. 1887, § 826; Laws 1890-91, ch. 49, § 4; R.S. 1899, § 3286; C.S. 1910, § 881; C.S. 1920, § 1110; R.S. 1931, § 31-107; C.S. 1945, § 1-107; W.S. 1957, § 5-17.

Cross references. —

As to authority to make rules for disposition of constitutional questions reserved to supreme court, see § 1-13-102 .

For Rules of the Supreme Court of Wyoming, see the Wyoming Court Rules Annotated.

Editor's notes. —

Laws 1890-91, ch. 49, § 4, did not specifically amend C.L. 1876, ch. 106, § 4, and this section is actually a consolidation of the two sections, which first occurred in R.S. 1899.

Rules of the supreme court are binding upon courts, parties and attorneys. Cronkhite v. Bothwell, 3 Wyo. 736, 30 P. 492, 1892 Wyo. LEXIS 18 (Wyo.), dismissed, 3 Wyo. 739, 31 P. 400, 1892 Wyo. LEXIS 21 (Wyo. 1892); Robertson v. Shorow, 10 Wyo. 368, 69 P. 1, 1902 Wyo. LEXIS 16 (Wyo. 1902); Phillips v. Brill, 15 Wyo. 521, 90 P. 443, 1907 Wyo. LEXIS 32 (Wyo. 1907).

As though statutory enactments. —

A rule of the supreme court is binding upon the several courts and the parties practicing and having business therein as though the same were an enactment of the legislative authority, provided it is not inconsistent with the Organic Act and laws. Johns v. Adams Bros., 2 Wyo. 194, 1880 Wyo. LEXIS 1 (Wyo. 1880); Perkins v. Hoyt, 3 Wyo. 55, 31 P. 1046, 1883 Wyo. LEXIS 6 (Wyo. 1883).

Supreme court rule requiring petitions for rehearing to be filed within 30 days after the decision is rendered has the force of a statutory enactment, and petitions filed after the time specified are unavailing. Dean v. Omaha-Wyoming Oil Co., 21 Wyo. 133, 128 P. 881, 1913 Wyo. LEXIS 3 (Wyo.), reh'g denied, 21 Wyo. 133, 128 P. 881, 1913 Wyo. LEXIS 4 (Wyo. 1913).

Rule not suspended for foreign attorney. —

A rule of the supreme court cannot be suspended merely because a foreign attorney whose duty it is to file briefs is unaware of the time and allows it to go over. Cronkhite v. Bothwell, 3 Wyo. 739, 31 P. 400, 1892 Wyo. LEXIS 21 (Wyo. 1892).

Limits on court's power. —

The limits of the power of the supreme court to prescribe rules of practice to facilitate its business are as stated in this section, that the rules should not be inconsistent with the constitution or laws of the state. Harvey v. Stanolind Oil & Gas Co., 53 Wyo. 495, 84 P.2d 755, 1938 Wyo. LEXIS 29 (Wyo. 1938), reh'g denied, 53 Wyo. 495, 84 P.2d 755, 1939 Wyo. LEXIS 46 (Wyo. 1939).

Former rules held not to exceed limits. —

See Snider v. Rhodes, 53 Wyo. 157, 79 P.2d 481, 1938 Wyo. LEXIS 10 (Wyo. 1938); Harvey v. Stanolind Oil & Gas Co., 53 Wyo. 495, 84 P.2d 755, 1938 Wyo. LEXIS 29 (Wyo. 1938), reh'g denied, 53 Wyo. 495, 84 P.2d 755, 1939 Wyo. LEXIS 46 (Wyo. 1939).

Cited in

Wilson v. State, 655 P.2d 1246, 1982 Wyo. LEXIS 407 (Wyo. 1982); In re General Adjudication of All Rights to Use Water, 803 P.2d 61, 1990 Wyo. LEXIS 140 (Wyo. 1990); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014).

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

§ 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.

History. Laws 1947, ch. 53, § 1; W.S. 1957, § 5-18.

Cross references. —

As to power of supreme court to make rules governing admission of attorneys to the bar, see § 33-5-102 .

Rules to encourage prompt determination of litigation. —

The legislature with this section recognized one of the purposes of the rules of this court to be the prompt determination of litigation. Mott v. England, 604 P.2d 560, 1979 Wyo. LEXIS 506 (Wyo. 1979).

Section not a delegation of power. —

This section only supplements art. 5, § 2, Wyo. Const., and does not constitute a delegation of rule-making authority from the legislature. White v. Fisher, 689 P.2d 102, 1984 Wyo. LEXIS 341 (Wyo. 1984).

Rule-making power of supreme court is restricted by statute and cannot by rule in any way change substantive rights or enlarge the jurisdiction of any court. McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980).

Civil and criminal rules applicable to justice of the peace and municipal courts were adopted in accordance with this section and the plenary power of the supreme court. Petersen v. State, 594 P.2d 978, 1979 Wyo. LEXIS 411 (Wyo. 1979).

Procedure for handling appeals from a justice of the peace court. —

See State v. Heberling, 553 P.2d 1043, 1976 Wyo. LEXIS 211 (Wyo. 1976).

Applied in

State ex rel. George v. Hull, 65 Wyo. 251, 199 P.2d 832, 1948 Wyo. LEXIS 26 (1948); Goodman v. State, 644 P.2d 1240, 1982 Wyo. LEXIS 339 (Wyo. 1982); Hopkinson v. State, 664 P.2d 43, 1983 Wyo. LEXIS 325 (Wyo. 1983); State v. District Court, 715 P.2d 191, 1986 Wyo. LEXIS 501 (Wyo. 1986); Munroe v. Kautz, 833 F. Supp. 854, 1993 U.S. Dist. LEXIS 13660 (D. Wyo. 1993); Winders v. United Transp. Union, 833 F. Supp. 860, 1993 U.S. Dist. LEXIS 14157 (D. Wyo. 1993).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980); Ryan v. State, 988 P.2d 46, 1999 Wyo. LEXIS 153 (Wyo. 1999); Busch v. Horton Automatics, Inc., 2008 WY 140, 196 P.3d 787, 2008 Wyo. LEXIS 143 (Nov. 25, 2008).

Stated in

Bd. of Prof'l Responsibility v. Richard, 2014 WY 98, 2014 Wyo. LEXIS 114 , 2014 WL 3778285 (Aug 1, 2014).

Cited in

Elliott v. State, 626 P.2d 1044, 1981 Wyo. LEXIS 326 (Wyo. 1981); Olson v. Campbell County Mem. Hosp., 652 P.2d 1365, 1982 Wyo. LEXIS 395 (Wyo. 1982); Wilson v. State, 655 P.2d 1246, 1982 Wyo. LEXIS 407 (Wyo. 1982); Brenner v. City of Casper, 723 P.2d 558, 1986 Wyo. LEXIS 594 (Wyo. 1986); Jackson v. State, 891 P.2d 70, 1995 Wyo. LEXIS 36 (Wyo. 1995); Doney v. State, 2002 WY 182, 59 P.3d 730, 2002 Wyo. LEXIS 219 (Wyo. 2002); Bd. of Prof'l Responsibility v. Stinson, 2014 WY 134, 2014 Wyo. LEXIS 157 (Oct. 29, 2014).

Law reviews. —

For case note, “Criminal Procedure — The Elimination of Dismissals for Lack of Prosecution from Wyoming Intermediate Appeals. Wood v. City of Casper, 660 P.2d 1163, 1983 Wyo. LEXIS 302 (Wyo. 1983),” see XIX Land & Water L. Rev. 301 (1984).

For comment, “Disqualification of District Judges in Wyoming: An Assessment of the Revised Rules,” see XIX Land & Water L. Rev. 655 (1984).

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

§ 5-2-115. Rules and forms governing pleading, practice and procedure in all courts; application of rules.

1. Such rules may govern:
   1. 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
   2. 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.
2. 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.

History. Laws 1947, ch. 53, § 2; W.S. 1957, § 5-19.

Rule-making power of supreme court is restricted by statute and the court cannot by rule in any way change substantive rights or enlarge the jurisdiction of any court. McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980).

Supreme court cannot supersede statutory jury-trial right through exercise of rule-making power. See Goodman v. State, 644 P.2d 1240, 1982 Wyo. LEXIS 339 (Wyo. 1982).

Therefore, defendant is entitled to jury trial in justice court under § 7-6-112 for a violation of a statute defining a misdemeanor, even though no jail sentence is provided for by the statute, as allegedly required by Rule 5, W.R.Cr.P. Goodman v. State, 644 P.2d 1240, 1982 Wyo. LEXIS 339 (Wyo. 1982).

Pleadings as a procedural matter. —

The prescription of the form and content of pleadings which are to be filed in Wyoming courts is a procedural, not a substantive, matter. White v. Fisher, 689 P.2d 102, 1984 Wyo. LEXIS 341 (Wyo. 1984).

Guidelines of Rule 6(a), W.R.C.P., applicable to § 1-3-107 . —

Subsection (b) does not express a legislative intent that precludes the application of Rule 6(a), W.R.C.P., containing guidelines for the computation of time within the court rules, to the time periods found in § 1-3-107 , a statute of limitation. Olson v. Campbell County Memorial Hosp., 652 P.2d 1365, 1982 Wyo. LEXIS 395 (Wyo. 1982).

Procedure for handling appeals from a justice of the peace court. —

See State v. Heberling, 553 P.2d 1043, 1976 Wyo. LEXIS 211 (Wyo. 1976).

Applied in

Bernard v. State, 652 P.2d 982, 1982 Wyo. LEXIS 397 (Wyo. 1982); Hopkinson v. State, 664 P.2d 43, 1983 Wyo. LEXIS 325 (Wyo. 1983); State v. District Court, 715 P.2d 191, 1986 Wyo. LEXIS 501 (Wyo. 1986).

Quoted in

Ryan v. State, 988 P.2d 46, 1999 Wyo. LEXIS 153 (Wyo. 1999); Busch v. Horton Automatics, Inc., 2008 WY 140, 196 P.3d 787, 2008 Wyo. LEXIS 143 (Nov. 25, 2008).

Stated in

State ex rel. Frederick v. District Court, 399 P.2d 583, 1965 Wyo. LEXIS 123 , 12 ALR3d 1 (Wyo. 1965).

Cited in

Doney v. State, 2002 WY 182, 59 P.3d 730, 2002 Wyo. LEXIS 219 (Wyo. 2002);Hoke v. Motel 6 Jackson & Accor N. Am., Inc., 2006 WY 38, 131 P.3d 369, 2006 Wyo. LEXIS 41 (Wyo. Mar. 27, 2006).

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

For case note, “Criminal Procedure — Wyoming Recognizes a Substantive Right to Bail Pending Appeal of Conviction. State v. District Court, 715 P.2d 191, 1986 Wyo. LEXIS 501 (Wyo. 1986),” see XXII Land & Water L. Rev. 605 (1987).

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

§ 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.

History. Laws 1947, ch. 53, § 3; W.S. 1957, § 5-20.

Rule of supreme court has force and effect of law. See Barnes v. State, 642 P.2d 1263, 1982 Wyo. LEXIS 343 (Wyo. 1982).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980); Elliott v. State, 626 P.2d 1044, 1981 Wyo. LEXIS 326 (Wyo. 1981).

Cited in

State ex rel. Frederick v. District Court, 399 P.2d 583, 1965 Wyo. LEXIS 123 , 12 ALR3d 1 (Wyo. 1965).

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

§ 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.

History. Laws 1947, ch. 53, § 4; W.S. 1957, § 5-21.

Cited in

Hopkinson v. State, 664 P.2d 43, 1983 Wyo. LEXIS 325 (Wyo. 1983).

§ 5-2-118. Adoption of rules and regulations relative to the practice of law.

1. The supreme court of Wyoming shall, from  time to time, adopt and promulgate such rules and regulations as the  court may see proper:
   1. Prescribing a code of ethics governing  the professional conduct of attorneys at law;
   2. 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;
   3. 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 .

History. Laws 1939, ch. 97, §§ 1, 2; C.S. 1945, § 2-401; W.S. 1957, § 5-22; Laws 1965, ch. 166, § 1; 1973, ch. 188, § 2; 1997, ch. 128, § 2.

Cross references. —

For duty of supreme court to prescribe rules to secure a system of uniform examination for admission to the bar, see § 33-5-102 .

For Rules for Organization and Government of Bar Association, Rules of Professional Conduct for Attorneys at Law, and Disciplinary Code for the Wyoming State Bar, see the Wyoming Court Rules Annotated.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Repealing clauses. —

Section 2, ch. 97, Laws 1939, reads: “When and as the rules of court herein authorized shall be prescribed, adopted, and promulgated, all laws and parts of laws in conflict therewith shall be and become of no further force or effect to the extent of such conflict.”

Supreme court's responsibility. —

Inherent to the supreme court's responsibility under this section is the requirement that the court establish ethical standards as well as effective practices and procedures for disciplining, suspending and disbarring attorneys in the event those standards are violated. Meyer v. Norman, 780 P.2d 283, 1989 Wyo. LEXIS 192 (Wyo. 1989).

Stated in

Munroe v. Kautz, 833 F. Supp. 854, 1993 U.S. Dist. LEXIS 13660 (D. Wyo. 1993); Winders v. United Transp. Union, 833 F. Supp. 860, 1993 U.S. Dist. LEXIS 14157 (D. Wyo. 1993); Bd. of Prof'l Responsibility v. Richard, 2014 WY 98, 2014 Wyo. LEXIS 114 , 2014 WL 3778285 (Aug 1, 2014).

Cited in

Dawson v. City of Casper, 731 P.2d 1186, 1987 Wyo. LEXIS 389 (Wyo. 1987); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Stinson, 2014 WY 134, 2014 Wyo. LEXIS 157 (Oct. 29, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Casper, 2014 WY 22, 2014 Wyo. LEXIS 27 (Feb 19, 2014); Bd. of Prof'l Responsibility v. Custis, 2015 WY 59, 2015 Wyo. LEXIS 65 (Apr. 16, 2015).

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

§ 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.

History. Laws 1987, ch. 132, § 1; 2000, ch. 24, § 2; 2004, ch. 42, § 1.

The 2004 amendment deleted “a justice of the peace court” following “is in a municipal court.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Appeal from small-claims court to district court. —

Actions for small claims are no different, other than the informal procedure, from any other civil actions triable in county courts or justice of the peace courts, and it follows that appellate jurisdiction is assigned to the district court within the same county. Johnson v. Statewide Collections, 778 P.2d 93, 1989 Wyo. LEXIS 181 (Wyo. 1989).

Quoted in

Kittles v. Rocky Mt. Recovery, Inc., 1 P.3d 1220, 2000 Wyo. LEXIS 77 (Wyo. 2000).

Cited in

Stogner v. State, 792 P.2d 1358, 1990 Wyo. LEXIS 58 (Wyo. 1990); Saunders v. Hornecker, 2015 WY 34, 2015 Wyo. LEXIS 39 (Mar. 5, 2015); Elec. Wholesale Supply Co. v. Fraser, 2015 WY 105, 2015 Wyo. LEXIS 121 (Aug. 14, 2015); Best v. Best, 2015 WY 133, 2015 Wyo. LEXIS 150 (Sept. 30, 2015).

§ 5-2-120. Judicial systems automation account created; purposes; court information technology equipment.

1. 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.
2. 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.
3. 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.
4. As used in this section:
   1. “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;
   2. “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.

History. Laws 2000, ch. 25, § 1; 2005, ch. 231, § 1; 2008, ch. 44, § 1; 2018, ch. 18, § 1; 2019, ch. 200, § 2.

The 2005 amendment, effective July 1, 2005, deleted “within the special revenue fund” in the first sentence.

The 2008 amendment inserted “joint appropriations interim committee and” in the final sentence.

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2018 amendment, in (a), inserted “including court information technology equipment” in the third sentence; added (b) through (d); and made stylistic changes.

Laws 2018, ch. 18, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 Wyo. Const. Approved March 9, 2018.

The 2019 amendment, in (d)(ii), substituted “circuit, chancery and district” for “circuit and district” throughout and added “and chancery” preceding “court clerks.”

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Wyo. Const. art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Cited in

Van Riper v. Odekoven, 2001 WY 58, 26 P.3d 325, 2001 Wyo. LEXIS 69 (Wyo. 2001).

§ 5-2-121. Indigent civil legal services account created; purposes.

1. 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.
2. 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.
3. 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.

History. Laws 2010, ch. 109, § 1.

Effective date. —

Laws 2010, ch. 109, § 4, makes the act effective July 1, 2010.

Applied in

Chapman v. State, 2013 WY 57, 2013 Wyo. LEXIS 62 (May 10, 2013).

§ 5-2-122. Indigent civil legal services program created; purposes.

1. An indigent civil legal services program  is created to be operated in accordance with the following:
   1. 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;
   2. The supreme court may operate the program  directly, or contract with a nonprofit organization to operate the  program;
   3. The court shall adopt rules and regulations  for the program prior to implementation subject to the following:
      1. 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:
         1. Cases in which an indigent individual  is a defendant in a lawsuit;
         2. Cases in which an indigent individual  is seeking to enforce a court order;
         3. Cases involving domestic relations and  family law;
         4. Matters involving general legal advice  to indigent individuals.
      2. In adopting rules and regulations governing  the program, the court shall prohibit the program from providing legal  representation in the following areas:
         1. Cases seeking tort damages;
         2. Criminal defense;
         3. 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.
   4. 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;
   5. 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;
   6. 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;
   7. 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;
   8. 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;
   9. The program may receive grants and donations  which shall be deposited to the account;
   10. 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.

History. Laws 2010, ch. 109, § 1.

Effective date. —

Laws 2010, ch. 109, § 4, makes the act effective July 1, 2010.

Editor's Notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Applied in

Chapman v. State, 2013 WY 57, 2013 Wyo. LEXIS 62 (May 10, 2013).

§ 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.

History. Laws 2017, ch. 16, § 1; 2021, ch. 56, § 3.

The 2021 amendment added "Subject to W.S. 9-2-1003 .1(d)," at the beginning of the second sentence and made a related change.

Laws 2021, ch. 56, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Effective dates. —

Laws 2017, ch. 16, § 3, makes the act effective July 1, 2017.

§ 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.

History. Laws 1890-91, ch. 51, § 1; 1895, ch. 43, § 1; R.S. 1899, § 3393; C.S. 1910, § 891; C.S. 1920, § 1120; R.S. 1931, § 31-117; C.S. 1945, § 1-201; Laws 1957, ch. 149, § 1; W.S. 1957, § 5-23.

Cited in

Conway v. Skidmore, 49 Wyo. 59, 52 P.2d 1235, 1935 Wyo. LEXIS 14 (1935).

§ 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.

History. Laws 1890-91, ch. 51, § 2; 1895, ch. 43, § 1; R.S. 1899, § 3415; C.S. 1910, § 893; Laws 1919, ch. 104, § 1; C.S. 1920, § 1122; R.S. 1931, § 31-119; C.S. 1945, § 1-202; Laws 1957, ch. 149, § 2; W.S. 1957, § 5-24; Laws 1978, ch. 2, § 1; 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2017, ch. 105, § 1; 2020, ch. 66, § 1.

The 2010 amendment, effective July 1, 2010, inserted “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 .”

The 2017 amendment , effective July 1, 2017, substituted “twenty-five dollars ($25.00)” for “ten dollars ($10.00)” in the second sentence.

The 2020 amendment, effective July 1, 2020, substituted “sum of seventy-five dollars ($75.00)” for “sum of twenty-five dollars ($25.00)” and “amount of fifty-five dollars ($55.00)” for “amount of twenty-five dollars ($25.00).”

Editor's notes. —

This section is a consolidation of Laws 1890-91, ch. 51, § 2, and part of Laws 1895, ch. 48, § 1. Subsequent amendments reenacted the section as consolidated.

Quoted in

Van Riper v. Odekoven, 2001 WY 58, 26 P.3d 325, 2001 Wyo. LEXIS 69 (Wyo. 2001).

§ 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.

History. Laws 1890-91, ch. 51, § 3; 1895, ch. 43, § 2; R.S. 1899, § 3414; Laws 1909, ch. 27, § 1; C.S. 1910, § 892; Laws 1915, ch. 139, § 1; 1919, ch. 40, § 11; C.S. 1920, § 1121; Laws 1921, ch. 95, § 17; 1927, ch. 40, § 1; R.S. 1931, § 31-118; Laws 1943, ch. 113, § 1; C.S. 1945, § 1-203; Laws 1949, ch. 65, § 2; 1951, ch. 44, § 29; 1953, ch. 139, § 27; 1957, ch. 157, § 2; W.S. 1957, § 5-25; Laws 1961, ch. 148, § 2; 1963, ch. 116, § 17; 1965, ch. 115, § 2; 1969, ch. 168, § 6.

Cross references. —

As to salary of clerk of the supreme court, see § 9-3-101 .

As to receiving other compensation, see §§ 9-3-103 and 9-3-104 .

Repealing clauses. —

Laws 1890-91, ch. 51, § 4, repealed all laws and parts of laws in conflict therewith.

§ 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.

History. C.L. 1876, ch. 106, § 12; R.S. 1887, § 835; R.S. 1899, § 3394; C.S. 1910, § 894; C.S. 1920, § 1123; R.S. 1931, § 31-120; C.S. 1945, § 1-204; W.S. 1957, § 5-26.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

Editor's notes. —

In its original form, this section provided for the appointment of the clerk by the supreme court and the contents of the oath of the clerk. The provisions were deleted and the section reworded by the 1899 compiler.

§ 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.

History. Laws 1886, ch. 11, § 1; R.S. 1887, § 836; R.S. 1899, § 3395; C.S. 1910, § 895; C.S. 1920, § 1124; R.S. 1931, § 31-121; C.S. 1945, § 1-205; Laws 1951, ch. 7, § 1; 1953, ch. 139, § 2; 1957, ch. 157, § 3; W.S. 1957, § 5-27; Laws 1961, ch. 148, § 3; 1963, ch. 116, § 18; 1965, ch. 115, § 3; 1969, ch. 168, § 7; 1973, ch. 162, § 1.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

As to all state officers being paid fixed and definite salaries, and for duty of officers to pay all fees collected into the proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

Editor's notes. —

The 1899 compiler substituted “justices of the supreme court” for “judges of the supreme court of the state of Wyoming” in the first sentence and also deleted “of office,” which followed “oath” near the beginning of the second sentence.

§ 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.

History. Laws 1886, ch. 11, § 2; R.S. 1887, § 837; R.S. 1899, § 3396; C.S. 1910, § 896; C.S. 1920, § 1125; R.S. 1931, § 31-122; C.S. 1945, § 1-206; W.S. 1957, § 5-28.

§ 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.

History. Laws 1886, ch. 11, § 3; R.S. 1887, § 838; R.S. 1899, § 3397; C.S. 1910, § 897; C.S. 1920, § 1126; R.S. 1931, § 31-123; C.S. 1945, § 1-207; W.S. 1957, § 5-29.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of clerk of court, or his bond, for default and misfeasance of his assistants or deputies, 71 ALR2d 1140.

§ 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.

History. Laws 1899, ch. 32, § 1; R.S. 1899, § 3391; C.S. 1910, § 898; C.S. 1920, § 1127; R.S. 1931, § 31-124; C.S. 1945, § 1-208; W.S. 1957, § 5-30.

§ 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.

History. Laws 1899, ch. 32, § 2; R.S. 1899, § 3392; C.S. 1910, § 899; C.S. 1920, § 1128; R.S. 1931, § 31-125; C.S. 1945, § 1-209; W.S. 1957, § 5-31.

§ 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.

History. Laws 1899, ch. 32, § 3; R.S. 1899, § 3412; C.S. 1910, § 900; C.S. 1920, § 1129; R.S. 1931, § 31-126; C.S. 1945, § 1-210; W.S. 1957, § 5-32.

Cross references. —

As to all state officers being paid fixed and definite salaries, and for duty of officers to pay all fees collected into the proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

As to sheriff's fees, see § 18-3-608 .

Editor's notes. —

As enacted, this section read: “For serving any summons in error, or order, by the said bailiff, he ….” The wording change was made by the 1899 compiler.

§ 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.

History. Laws 1899, ch. 32, § 4; R.S. 1899, § 3413; Laws 1903, ch. 3, § 1; C.S. 1910, § 901; Laws 1919, ch. 40, § 12; C.S. 1920, § 1130; R.S. 1931, § 31-127; C.S. 1945, § 1-211; Laws 1953, ch. 100, § 1; 1957, ch. 157, § 4; W.S. 1957, § 5-33; Laws 1961, ch. 148, § 4; 1969, ch. 168, § 8; 1973, ch. 162, § 1.

§ 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.

History. Laws 1961, ch. 35, § 1; W.S. 1957, § 5-38.1.

§ 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.

History. Laws 1903, ch. 60, § 4; C.S. 1910, § 905; C.S. 1920, § 1134; Laws 1925, ch. 32, § 1; R.S. 1931, § 31-131; C.S. 1945, § 1-306; W.S. 1957, § 5-39; 2013, ch. 6, § 1.

The 2013 amendment , effective July 1, 2013, substituted “distributed as provided in this section.” for “used by him for the purpose of distribution as follows:” in the first sentence, added “upon request both times in the second sentence, substituted “The books shall” for “and to each state officer, said books to be labeled as the property of the state, and to”, deleted “the office of” preceding “the United States”, substituted “court” for “judge” near the end of the fourth sentence; and made stylistic changes.

Cross references. —

As to state librarian, see § 9-2-1026 .6.

§ 5-2-501. Expenditures.

The judges of the supreme court shall superintend and direct all expenditures of money for the law library.

History. Laws 1953, ch. 143, § 9; 1955, ch. 193, § 3; W.S. 1957, § 9-201; W.S. 1977, § 9-3-921; Laws 1980, ch. 21, § 1.

§ 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.

History. Laws 2005, ch. 210, § 1; 2013, ch. 6, § 1.

Cross references. —

As to distribution of session laws in general, see § 8-2-101 .

The 2013 amendment , effective July 1, 2013, substituted “may” for “shall” after “librarian”.

Effective dates. —

Laws 2005, ch. 210, § 1, makes the act effective July 1, 2005.

§ 5-3-101. Judicial districts enumerated; terms of court.

1. The state  of Wyoming is divided into judicial districts as follows:
   1. The county  of Laramie is the first judicial district;
   2. The counties  of Albany and Carbon are the second judicial district;
      1. and (B) Repealed by Laws 2019, ch. 54, §  2.
   3. The counties  of Sweetwater, Lincoln and Uinta are the third judicial district;
      1. through (C) Repealed by Laws 2019, ch. 54, §  2.
   4. The counties  of Johnson and Sheridan are the fourth judicial district;
      1. and (B) Repealed by Laws 2019, ch. 54, §  2.
   5. The counties  of Big Horn, Hot Springs, Park and Washakie are the fifth judicial  district;
      1. through (D) Repealed by Laws 2019, ch. 54, §  2.
   6. The counties  of Campbell, Crook and Weston are the sixth judicial district;
      1. through (C) Repealed by Laws 2019, ch. 54, §  2.
   7. Natrona county  is the seventh judicial district;
   8. The counties  of Converse, Platte, Goshen and Niobrara are the eighth judicial district;
      1. through (D) Repealed by Laws 2019, ch. 54, §  2.
   9. The counties  of Fremont, Teton and Sublette are the ninth judicial district.
      1. through (C) Repealed by Laws 2019, ch. 54, §  2.
2. 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.

History. Laws 1933, ch. 44, § 1; 1935, ch. 83, § 1; 1937, ch. 16, § 1; 1945, ch. 120, § 1; C.S. 1945, § 1-501; Laws 1953, ch. 41, §§ 1, 2; 1957, ch. 14, §§ 1, 2; W.S. 1957, § 5-41; Laws 1977, ch. 21, § 2; 2006, ch. 114, § 1; 2019, ch. 54, §§ 1, 2.

Cross references. —

As to establishment of circuit courts, see § 5-9-102 .

As to increasing the number of districts and judges by legislature, see art. 5, § 21, Wyo. Const.

As to authority of legislature to fix terms of court, see art. 5, §§ 24 and 26, Wyo. Const.

The 2006 amendment inserted “on” in (a)(viii)(D).

Laws 2006, Ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2019 amendments. — The first 2019 amendment, by ch. 54. § 1, effective July 1, 2019, in the introductory language of (a), substituted “as follows” for “as follows with terms as designated”; in (a)(1), deleted the second sentence which read: “Regular terms of the district court shall be held in Laramie county one (1) term beginning on the fourth Monday in March, and one (1) term beginning on the first Monday in October”; in (a)(ii) through (a)(vi) and (a)(viii) and (a)(ix), deleted the second sentence which read: “Regular terms of the district court in each county shall be held”; in (a)(vii), deleted the second sentence which read: “Regular terms of district court shall be held, one (1) term beginning on the first Tuesday in March, and one (1) term beginning on the first Tuesday in September”; and added (b).

The second 2019 amendment, by ch. 54 § 2, effective July 1, 2019, repealed former (a)(ii)(A) and (B) which read: “(A) In Albany county, one (1) term beginning on the third Monday in March, and one (1) term beginning on the second Monday in September; and (B) In Carbon county, one (1) term beginning on the third Monday in February, and one (1) term beginning on the second Monday in October.”; repealed former (a)(iii)(A) through (C) which read: “(A) In Sweetwater county, one (1) term beginning on the third Monday in April, and one (1) term beginning on the third Monday in November; (B) In Lincoln county, one (1) term beginning on the first Monday in May, and one (1) term beginning on the first Monday in November; and (C) In Uinta county, one (1) term beginning on the first Monday in April, and one (1) term beginning on the first Monday in October.”; repealed former (a)(iv)(A) and (B) which read: “(A) In Johnson county, one (1) term beginning on the second Monday in April, and one (1) term beginning on the second Monday in October; and (B) In Sheridan county, one (1) term beginning on the first Monday in April, and one (1) term beginning on the first Monday in October.”; repealed former (a)(v)(A) through (D) which read: “(A) In Big Horn county, one (1) term beginning on the second Monday in February, and one (1) term beginning on the second Monday in August; (B) In Hot Springs county, one (1) term beginning on the second Monday in April, and one (1) term beginning on the second Monday in October; (C) In Park county, one (1) term beginning on the second Monday in May, and one (1) term beginning on the second Monday in November; and (D) In Washakie county, one (1) term beginning on the second Monday in March, and one (1) term beginning on the second Monday in September.”; repealed former (a)(vi)(A) through (C) which read: “(A) In Campbell county, one (1) term beginning on the first Monday in February and one (1) term beginning on the second Monday in September; (B) In Crook county, one (1) term beginning on the second Monday in May, and one (1) term beginning on the second Monday in October; and (C) In Weston county, one (1) term beginning on the first Monday in March, and one (1) term beginning on the third Monday in September.”; repealed former (a)(viii)(A) through (D) which read: “(A) In Converse county, one (1) term beginning on the third Monday in April and one (1) term beginning on the third Monday in October; (B) In Platte county, one (1) term beginning on the first Tuesday in February and one (1) term beginning on the second Tuesday in September; (C) In Goshen county, one (1) term beginning on the third Tuesday in November and one (1) term beginning on the first Tuesday in May; and (D) In Niobrara county, one (1) term beginning on the second Monday in February and one (1) term beginning on the first Tuesday in September.”; and repealed former (a)(ix)(A) through (C) which read: “(A) In Fremont county, one (1) term beginning on the second Monday in April, and one (1) term beginning on the fourth Monday in September; (B) In Teton county, one (1) term beginning on the third Monday in May, and one (1) term beginning on the second Monday in October; and (C) In Sublette county, one (1) term beginning on the first Monday in June, and one (1) term beginning on the second Monday in September.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Abolition of districts and judges constitutional. —

A statute abolishing two judicial districts and attaching the counties to other districts, permitting the electors of those counties, before the law becomes effective, to vote for a judge in the intended consolidated district, is not in violation of art. 3, § 27, Wyo. Const., prohibiting certain local and special laws. Brown v. Clark, 47 Wyo. 216, 34 P.2d 17, 1934 Wyo. LEXIS 21 (Wyo. 1934).

An act reducing the number of judicial districts and judges is not unconstitutional, as art. 5, § 20, Wyo. Const., providing that, “until otherwise provided by law,” the state is divided into three judicial districts, is authority for the legislature to increase or diminish the number of districts, and there are no restrictions except under art. 5, § 21, Wyo. Const., as to the removal of a judge and that the increase in taxable valuation must exceed a certain amount before increases are made. Brown v. Clark, 47 Wyo. 216, 34 P.2d 17, 1934 Wyo. LEXIS 21 (Wyo. 1934).

Shortening term of judge unconstitutional. —

Where the date fixed by the act for it to become effective would shorten the term of a judge in violation of art. 5, § 21, Wyo. Const., the court may postpone its effective date until the term of the judge has expired. Brown v. Clark, 47 Wyo. 216, 34 P.2d 17, 1934 Wyo. LEXIS 21 (Wyo. 1934).

Stated in

Cisneros v. City of Casper, 479 P.2d 198, 1971 Wyo. LEXIS 190 (Wyo. 1971).

Cited in

State ex rel. Wyo. Farm Loan Bd. v. Herschler, 622 P.2d 1378, 1981 Wyo. LEXIS 285 (Wyo. 1981).

Law reviews. —

For article, “Ousting the Judge: Campaign Politics in the 1984 Wyoming Judicial Retention Elections,” see XXIV Land & Water L. Rev. 371 (1989).

§ 5-3-102. Number of judges; distribution among districts; concurrent jurisdiction; judicial conference to adopt rules.

1. 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 third, sixth, seventh and ninth judicial districts and four (4) judges of the district court in the first judicial district. 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.
2. 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.

History. Laws 1890-91, ch. 68, § 8; R.S. 1889, § 201; C.S. 1910, § 2090; C.S. 1920, § 2439; R.S. 1931, § 36-109; C.S. 1945, § 31-109; Laws 1953, ch. 91, § 1; 1957, ch. 100, § 1; W.S. 1957, § 5-42; Laws 1959, ch. 103, § 1; 1969, ch. 207, § 1; 1973, ch. 113, § 1; 1977, ch. 21, § 2; 1980, ch. 20, § 1; 2000, ch. 24, § 2; 2001, ch. 50, § 1; 2005, ch. 68, § 1; 2008, ch. 120, § 1; 2012, ch. 58, § 1; 2018, ch. 56, § 1.

Cross references. —

As to election to and filling vacancies in office of district judge, see art. 5, § 4, Wyo. Const., and §§ 22-2-105 , 22-5-203 , 22-5-205 and 22-18-110 .

As to jurisdiction of district courts, see art. 5, § 10, Wyo. Const.

The 2005 amendment, effective July 1, 2005, or as soon thereafter as suitable facilities become available for the court authorized under this act as certified to the state auditor by the two current judges of the sixth judicial district after consultation with the chairmen of the joint judiciary interim committee, in (a), increased the number of judges for the sixth judicial district from two to three.

The 2008 amendment, effective July 1, 2008, rewrote (a) providing for an additional district court judge in the ninth judicial district and authorizing additional positions.

The 2012 amendment, effective July 1, 2012, in (a), deleted “one (1) judge of the district court in the fourth judicial district” following “There shall be,” inserted “fourth” following “district court in the second,” and inserted the present fourth sentence.

The 2018 amendment, effective July 1, 2018, in (a), deleted “first” preceding “third, sixth, seventh” and added “and four (4) judges of the district court in the first judicial district” at the end of the first sentence.

Editor's notes. —

Laws 2008, ch. 120, § 3, provides: “No action shall be undertaken to fill, or to begin the process of appointment for, the judicial position authorized under this act until the chief justice of the Wyoming supreme court certifies in person to the joint appropriations interim committee that suitable facilities in Sublette county have been completed and are ready for occupancy for the new judge. Adequate facilities shall include provision for court room security, a suitable court room to accommodate a twelve (12) person jury, offices and other required auxiliary facilities.”

Appropriations. —

Laws 2008, ch. 120, § 2, provides:

“(a) There is appropriated seven hundred thirty-two thousand five hundred forty-six dollars ($732,546.00) from the general fund to the Wyoming supreme court for the biennium beginning July 1, 2008 and ending June 30, 2010. This appropriation shall only be expended for salaries, benefits, office equipment, supplies and fees necessary to implement the office of the ninth judicial district court judge in Sublette county authorized by this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010.”

“(b) There are authorized four (4) full-time equivalent positions for the biennium beginning July 1, 2008 and ending June 30, 2010 to implement the purposes of this act.”

Applied in

Goodman v. State, 644 P.2d 1240, 1982 Wyo. LEXIS 339 (Wyo. 1982).

Cited in

State ex rel. Irvine v. Brooks, 14 Wyo. 393, 84 P. 488, 1906 Wyo. LEXIS 19 , 6 L.R.A. (n.s.) 750 (1906); State ex rel. Burdick v. Schnitger, 17 Wyo. 65, 96 P. 238, 1908 Wyo. LEXIS 7 (1908); State v. Jefferis, 26 Wyo. 115, 178 P. 909, 1919 Wyo. LEXIS 4 (1919); Wlodarczyk v. State, 836 P.2d 279, 1992 Wyo. LEXIS 80 (Wyo. 1992).

Law reviews. —

For article, “Supreme Court Jurisdiction and the Wyoming Constitution: Justice v. Judicial Restraint,” see XX Land & Water L. Rev. 159 (1985).

§ 5-3-103. Failure of judge to open court at appointed time; duty of clerk to declare court open. [Repealed]

History. Laws 1947, ch. 6, § 1; W.S. 1957, § 5-43; Repealed by Laws 2019, ch. 54, § 2.

§ 5-3-104. Opening day in case of legal holiday. [Repealed]

History. Laws 1935, ch. 47, § 1; C.S. 1945, § 1-503; W.S. 1957, § 5-44; Laws 2004, ch. 130, § 1; Repealed by Laws 2019, ch. 54, § 2.

§ 5-3-105. Simultaneous terms in same district; calling in judge from another district. [Repealed]

History. Laws 1913, ch. 129, § 2; C.S. 1920, § 1138; R.S. 1931, § 31-203; C.S. 1945, § 1-504; W.S. 1957, § 5-45; Repealed by Laws 2019, ch. 54, § 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.

History. Laws 1890-91, ch. 52, § 2; R.S. 1899, § 3300; C.S. 1910, § 912; C.S. 1920, § 1139; R.S. 1931, § 31-204; C.S. 1945, § 1-505; W.S. 1957, § 5-46; 2019, ch. 54, § 1.

Cross references. —

As to constitutional authority for district judges holding court for one another, see art. 5, § 11, Wyo. Const.

For authority of judges to act for each other in case of sickness or absence, in the administration of estates, see § 2-2-109 .

As to change of judge or venue, see Rule 21.1, W.R. Cr. P.

The 2019 amendment, effective July 1, 2019, substituted "any cause in his district" for "any cause, or to hold any term or portion of a term of any district court in his district," substituted "such cause, and the said judge" for "such cause, or to hold such term or portion of a term of court, and the said judge," and substituted "said cause with all the jurisdiction" for "said cause, or hold such term or portion of a term, with all the jurisdiction."

Motion to dismiss.

Because it was unclear whether the State acted in good faith in moving to dismiss, the district court was directed to conduct such proceedings as were necessary to determine whether the State acted in bad faith in seeking dismissal; docket pressure alone did not permit a district judge to deny the State's motion, especially since disservice to the public interest had to be found, if at all, in the State's motive, because district judges historically sat for each other as necessary. State v. Bridger, 2014 Wyo. LEXIS 193 (Wyo. June 17, 2014).

Judge from another district is de facto judge. —

Where district judge presided at trial in another district upon an order of the judge of the district wherein cause was pending, he is at least a de facto judge, and where no objection to his authority was made before or during the trial, all objections to such authority are waived. Hoglan v. Geddes, 25 Wyo. 436, 172 P. 136, 1918 Wyo. LEXIS 11 (Wyo. 1918).

Change of judge after court convened. —

Fact that the judge of the district in which trial took place presided at convening of the court on day the trial began, but that trial was presided over by judge of another district upon request, does not render trial illegal, where it is not shown that there was another court held at the same time. Ross v. State, 8 Wyo. 351, 57 P. 924, 1899 Wyo. LEXIS 17 (Wyo. 1899).

Premature change of venue. —

That change of venue was granted prematurely could not be jurisdictional, even though erroneous. Holly Sugar Corp. v. Fritzler, 42 Wyo. 446, 296 P. 206, 1931 Wyo. LEXIS 50 (Wyo. 1931).

Quoted in

Wlodarczyk v. State, 836 P.2d 279, 1992 Wyo. LEXIS 80 (Wyo. 1992).

§ 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.

History. Laws 1953, ch. 202, § 1; W.S. 1957, § 5-47.

Cross references. —

As to retirement of judges of district court and justices of the supreme court, see § 5-1-106 .

§ 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.

History. Laws 1927, ch. 66, § 1; R.S. 1931, § 31-205; C.S. 1945, § 1-506; W.S. 1957, § 5-48.

Cross references. —

As to calling district judges to act as justices of the supreme court, see art. 5, § 4, Wyo. Const.

As to expenses of state officers generally, see §§ 9-3-102 and 9-3-103 .

§ 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 .

History. Laws 1927, ch. 66, § 2; R.S. 1931, § 31-206; C.S. 1945, § 1-507; W.S. 1957, § 5-49; Laws 2000, ch. 24, § 2.

§ 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.

History. Laws 1895, ch. 7, § 1; R.S. 1899, § 3303; C.S. 1910, § 915; C.S. 1920, § 1141; R.S. 1931, § 31-208; C.S. 1945, § 1-508; W.S. 1957, § 5-50.

Cross references. —

As to duty of clerk as custodian of seal, and requirement that seal be attached to official papers, see § 5-3-210 .

Editor's notes. —

As enacted, the words “Each county shall provide the clerk of its district court with a seal” read: “The board of county commissioners of each county in this state shall within ninety days after the passage of this act, provide a seal for the clerk of the district court of its county.” The revision was made by the 1899 compiler.

§ 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.

History. Laws 1919, ch. 84, §§ 1, 2; C.S. 1920, § 1569; R.S. 1931, § 29-908; C.S. 1945, § 1-520; W.S. 1957, § 5-51.

§ 5-3-112. Assignment to circuit court judge.

1. 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:
   1. Rules promulgated by the supreme court;
   2. Acceptance of the judge to whom the assignment  of the case or proceeding is to be made;
   3. 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
   4. 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.
2. The law and rules governing district court  and appeals therefrom shall apply to a case or proceeding assigned  pursuant to this section.

History. Laws 2000, ch. 24, § 1; 2011, ch. 196, § 1; 2012, ch. 98, § 1.

The 2011 amendment, effective July 1, 2011, in (a)(iii), substituted “fifty thousand dollars ($50,000.00)” for “twenty thousand dollars ($20,000.00).”

The 2012 amendment, in (a)(iii), inserted “greater than,” and deleted “or greater” following “($50,000.00).”

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

Editor's notes. —

Laws 2000, ch. 24, § 10, provides: “On and after the effective date of this act [July 1, 2000], a county court judge holding office on the effective date of this act shall become a circuit court judge of the circuit court in the judicial district in which he was a county court judge and shall perform the duties of a circuit court judge as provided in this act. The term of office of a circuit court judge who holds that office under this section shall expire on the date his term of office as a county court judge would have expired. He shall be considered an incumbent in the office of circuit court judge, and thus, he shall stand for retention in office as circuit court judge.”

Cited in

IC v. DW, 2015 WY 135, 2015 Wyo. LEXIS 152 (Oct. 7, 2015).

§ 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.

History. Laws 2017, ch. 16, § 1.

Effective dates. —

Laws 2017, ch. 16, § 3, makes the act effective July 1, 2017.

§ 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.

History. Laws 1890-91, ch. 53, §§ 1, 3; 1895, ch. 73, § 1; R.S. 1899, § 3398; C.S. 1910, § 928; Laws 1915, ch. 40, § 1; C.S. 1920, § 1154; R.S. 1931, § 31-222; Laws 1937, ch. 85, § 8; C.S. 1945, § 1-601; W.S. 1957, § 5-52.

Cross references. —

As to election of clerk, see art. 5, § 13, Wyo. Const.

As to election and term of clerks, see § 22-2-105 .

Editor's notes. —

This section is a consolidation of Laws 1890-91, ch. 53, §§ 1 and 3, and Laws 1895, ch. 73, § 1. This consolidation took place in R.S. 1899 and has been ratified by subsequent amendments by the legislature.

§ 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.

History. Laws 1890-91, ch. 53, § 2; R.S. 1899, § 3400; C.S. 1910, § 930; C.S. 1920, § 1156; R.S. 1931, § 31-225; C.S. 1945, § 1-602; W.S. 1957, § 5-53.

Failure to account is no defense to action for salary. —

It is no defense to an action by the clerk for salary that he had failed or refused to account for fees received by him, since there is a separate proceeding provided for compelling such accounting, by enforcement of liability on his official bond. Board of Comm'rs v. Atkinson, 4 Wyo. 334, 33 P. 995, 1893 Wyo. LEXIS 16 (Wyo. 1893).

Applied in

Henning v. City of Casper, 63 Wyo. 352, 182 P.2d 840, 1947 Wyo. LEXIS 20 (1947).

Quoted in

Blake v. Rupe, 651 P.2d 1096, 1982 Wyo. LEXIS 383 (Wyo. 1982).

Cited in

Linde v. Bentley, 482 P.2d 121, 1971 Wyo. LEXIS 202 (Wyo. 1971).

Law reviews. —

For case note, “Constitutional Law — Due Process — Replevin — Right to Notice and Hearing Prior to Deprivation of Property. Fuentes v. Shevin, 407 U.S. 67, 32 L. Ed. 2d 556, 92 S. Ct. 1983, 1972 U.S. LEXIS 42 (1972),” see VIII Land & Water L. Rev. 315 (1973).

§ 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 .

History. Laws 1890-91, ch. 53, §§ 3, 11; R.S. 1899, § 3401; C.S. 1910, § 931; C.S. 1920, § 1157; R.S. 1931, § 31-226; C.S. 1945, § 1-603; W.S. 1957, § 5-54; Laws 1987, ch. 4, § 1.

Editor's notes. —

Laws 1890-91, ch. 53, §§ 3 and 11, were consolidated in R.S. 1899.

§ 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.

History. Laws 1890-91, ch. 53, § 6; R.S. 1899, § 3417; Laws 1901, ch. 76, § 1; C.S. 1910, § 933; C.S. 1920, § 1159; R.S. 1931, § 31-228; C.S. 1945, § 1-604; W.S. 1957, § 5-55.

Cross references. —

As to salary of clerk, see § 18-3-107 .

Editor's notes. —

This section was revised by the 1899 compiler by omitting “in first class counties” following “courts.” The 1899 compiler also omitted a proviso clause excepting counties of the second, third and fourth class and providing that in these counties salaries should be paid quarterly.

Cited in

Board of Comm'rs v. Atkinson, 4 Wyo. 334, 33 P. 995, 1893 Wyo. LEXIS 16 (1893).

§ 5-3-205. Collection of fees in advance; payment to treasurer; liability for collection.

1. 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:
   1. 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;
   2. 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;
   3. 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.

History. Laws 1890-91, ch. 53, § 7; R.S. 1899, § 3418; C.S. 1910, § 934; C.S. 1920, § 1160; R.S. 1931, § 31-229; C.S. 1945, § 1-605; W.S. 1957, § 5-56; Laws 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2018, ch. 117, § 1.

The 2010 amendment, effective July 1, 2010, rewrote this section, which formerly read: “All fees prescribed by statute for civil business, shall be collected in advance by the clerk and paid to the treasurer of the county at the end of each month, except that the clerk shall remit 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. The clerk shall be liable under his bond for the collection and payment of such fees.”

The 2018 amendment, effective July 1, 2018, added (a)(iii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Fees may be required before docketing transferred case. —

Clerk of court to which a cause was transferred on change of venue was not bound to docket case until fees were paid. State ex rel. City of Cheyenne v. District Court, 42 Wyo. 364, 294 P. 779, 1930 Wyo. LEXIS 57 (1930).

Collection in advance presumed. —

In embezzlement prosecution against clerk of district court, required to collect fees in advance, it must be presumed the clerk performed such duty. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Sufficient demands for money collected. —

Demand for money due may be made by either county commissioners or treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Demands by county clerk pursuant to county commissioners' request, held sufficient. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Reports of district court clerk held competent evidence. —

Reports of clerk of the district court, certifying earnings of his office, were competent in embezzlement prosecution. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Evidence making prima facie case reported amounts were collected. —

Evidence made at least prima facie case that clerk of the district court, charged with embezzlement, actually collected amounts certified by him, for which he gave checks to treasurer. State v. Campbell, 42 Wyo. 252, 293 P. 365, 1930 Wyo. LEXIS 49 (Wyo. 1930), overruled, Howard v. State, 762 P.2d 28, 1988 Wyo. LEXIS 117 (Wyo. 1988).

Cited in

Board of Comm'rs v. Atkinson, 4 Wyo. 334, 33 P. 995, 1893 Wyo. LEXIS 16 (1893).

§ 5-3-206. Fees.

1. For all civil matters filed or commenced,  the clerk of each district court shall charge the following fees:
   1. 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 twenty dollars ($120.00) 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 ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5-3-205 ;
   2. For issuing commission to take deposition,  seventy-five cents ($.75);
   3. For taking depositions and the certificate,  seal and transmission thereof, five dollars ($5.00);
   4. For taking affidavit or acknowledgment,  certifying and sealing same, fifty cents ($.50) for each person;
   5. For each certificate and seal, fifty cents  ($.50);
   6. 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;
   7. 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 ($10.00) shall be for indigent civil legal services and both shall be remitted as provided in W.S. 5-3-205 ;
   8. For copies of other documents made by  a county operator, fifty cents ($.50) for the first page and twenty-five  cents ($.25) for each additional page;
   9. 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;
   10. 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.

History. Laws 1890-91, ch. 53, § 8; R.S. 1899, § 3419; Laws 1901, ch. 19, § 1; C.S. 1910, § 935; C.S. 1920, § 1161; R.S. 1931, § 31-230; C.S. 1945, § 1-606; Laws 1951, ch. 78, § 1; 1953, ch. 105, § 1; 1955, ch. 21, § 1; W.S. 1957, § 5-57; Laws 1978, ch. 10, § 1; 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2017, ch. 105, § 1; ch. 172, § 1; 2019, ch. 171, § 1; 2020, ch. 66, § 1.

Cross references. —

As to fixing fees of court commissioners by court and taxing as costs, see § 5-3-308 .

As to taxation and collection of per diem of court reporter as costs, see § 5-3-410 .

The 2010 amendment, effective July 1, 2010, in (a)(i) and (a)(vii), substituted “seventy dollars ($70.00)” for “sixty dollars ($60.00),” and substituted “shall be for court automation, ten dollars ($10.00) shall be for indigent civil legal services and both” for “of sixty dollars ($60.00) shall be for court automation and”; and in (a)(x), substituted “forty dollars ($40.00)” for “thirty dollars ($30.00),” substituted “thirty dollars ($30.00)” for “twenty dollars ($20.00),” and substituted “automation, ten dollars ($10.00) shall be for indigent civil legal services and both” for “automation and.”

The 2017 amendments. — The first 2017 amendment, by ch. 105, § 1, effective July 1, 2017, in (a)(i), substituted “eighty-five dollars ($85.00)” for “seventy dollars ($70.00)” in the first sentence; substituted “Twenty-five dollars ($25.00)” for “Ten dollars ($10.00) at the beginning of the third sentence; in (a)(vii), substituted “eighty-five dollars ($85.00)” for “seventy dollars ($70.00)” in the first sentence; substituted “Twenty-five dollars ($25.00)” for “Ten dollars ($10.00)” at the beginning of the second sentence; rewrote (a)(x), which formerly read: “For docketing and in payment of clerk's fee after docketing incident to any appeal or bill of exception from a justice's court, forty dollars ($40.00), and for docketing any transcript of judgment from justice's court upon the judgment and execution dockets, thirty dollars ($30.00), which amount shall be paid by appellant, or by judgment holder to the clerk at time of docketing. Ten dollars ($10.00) 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 .”

The second 2017 amendment, by ch. 172, § 1, effective July 1, 2017, in (a)(x) substituted “circuit court” for “justice’s court” twice.

While neither amendment gave effect to the other, both were given effect in the section as set out above

The 2019 amendment, effective July 1, 2019, in (a)(i), substituted "one hundred ten dollars ($110.00)" for "eighty-five dollars ($85.00)," and "Thirty dollars ($30.00)" for "Twenty-five dollars ($25.00)."

The 2020 amendment, effective July 1, 2020, in (a)(i), substituted “one hundred twenty dollars ($120.00)” for “one hundred ten dollars ($110.00)” and “Forty dollars ($40.00)” for “Thirty dollars ($30.00)”; in (a)(vii) and (a)(x), substituted “one hundred dollars ($100.00)” for “eighty-five dollars ($85.00)” throughout and “Forty dollars ($40.00)” for “Twenty-five dollars ($25.00)” throughout.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Applicability. —

Laws 2019, ch. 171 § 2, provides: “The increases in filing fees and other judicial fees as provided in this act shall not apply to any state agency until July 1, 2020.”

“Transcript.”—

District court properly denied a father’s motion for relief from the court clerk’s assessment of an $85 fee because, while the term “transcripts” in the statute at issue, when read in isolation, was susceptible to multiple meanings, the rules of appellate procedure indicated that the transcript mentioned in the statute was not a recordation of testimony, but a record of the proceedings, and the statute required the filing fee even though no transcript of testimony was included in the designated record. MSC, II v. MCG, 2019 WY 59, 442 P.3d 662, 2019 Wyo. LEXIS 59 (Wyo. 2019).

Fees may be required before docketing transferred case. —

Clerk of court to which a cause was transferred on change of venue was not bound to docket case until fees were paid. State ex rel. City of Cheyenne v. District Court, 42 Wyo. 364, 294 P. 779, 1930 Wyo. LEXIS 57 (1930).

Appellate notice filed upon presentation to clerk. —

An appellant's notice of appeal is deemed filed, for purposes of Rule 2.01, W.R.A.P., upon the appellant's presenting the notice for filing to the clerk of the district court and not upon the appellant's payment to the clerk of the transcript fee prescribed by subsection (a)(vii). Jung-Leonczynska v. Steup, 782 P.2d 578, 1989 Wyo. LEXIS 221 (Wyo. 1989).

§ 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.

History. Laws 1901, ch. 19, § 2; C.S. 1910, § 936; C.S. 1920, § 1162; R.S. 1931, § 31-231; C.S. 1945, § 1-607; W.S. 1957, § 5-58; 2003, ch. 11, § 1.

§ 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 ten thousand dollars ($10,000.00) to the county with two (2) or more sufficient sureties 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.

History. Laws 1890-91, ch. 53, § 9; R.S. 1899, § 3402; C.S. 1910, § 937; C.S. 1920, § 1163; R.S. 1931, § 31-234; C.S. 1945, § 1-608; W.S. 1957, § 5-59.

Failure to give new bond is no defense to action for salary. —

Fact that after the qualification of the clerk of the district court one of the sureties on his bond died and he failed to furnish a new bond, though requested by the county board so to do, is no defense to an action for his salary, if there was no declaration by competent authority that the office was vacant, and no steps were taken to oust him from office. Board of Comm'rs v. Atkinson, 4 Wyo. 334, 33 P. 995, 1893 Wyo. LEXIS 16 (Wyo. 1893).

§ 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.

History. Laws 1890-91, ch. 53, § 10; R.S. 1899, § 3403; C.S. 1910, § 938; C.S. 1920, § 1164; R.S. 1931, § 31-235; C.S. 1945, § 1-609; W.S. 1957, § 5-60.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of clerk of court, or his bond, for default and misfeasance of his assistants or deputies, 71 ALR2d 1140.

§ 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.

History. Laws 1890, ch. 15, § 2; R.S. 1899, § 3429; C.S. 1910, § 4272; C.S. 1920, § 5541; R.S. 1931, § 89-201; C.S. 1945, § 3-201; W.S. 1957, § 5-61.

Cross references. —

As to seal of district court, see § 5-3-110 .

§ 5-3-211. Books and records to be kept. [Repealed]

History. Laws 1886, ch. 60, § 11; R.S. 1887, § 2347; Laws 1895, ch. 89, § 1; R.S. 1899, § 3430; C.S. 1910, § 4273; C.S. 1920, § 5542; R.S. 1931, § 89-202; C.S. 1945, § 3-202; W.S. 1957, § 5-62; Laws 2004, ch. 130, § 1; Repealed by Laws 2019, ch. 24, § 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.

History. Laws 1886, ch. 60, § 12; R.S. 1887, § 2348; R.S. 1899, § 3431; C.S. 1910, § 4274; C.S. 1920, § 5543; R.S. 1931, § 89-203; C.S. 1945, § 3-203; W.S. 1957, § 5-63; Laws 1961, ch. 4.

Cited in

CP v. State (In the Interest of NP), 2017 WY 18, 389 P.3d 787, 2017 Wyo. LEXIS 18 (Wyo. 2017).

§ 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.

History. Laws 1899, ch. 53, § 3; R.S. 1899, § 3404; C.S. 1910, § 939; C.S. 1920, § 1165; R.S. 1931, § 31-236; C.S. 1945, § 1-621; W.S. 1957, § 5-64.

§ 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.

History. Laws 1895, ch. 115, § 1; R.S. 1899, § 3329; C.S. 1910, § 917; C.S. 1920, § 1143; R.S. 1931, § 31-211; C.S. 1945, § 1-610; W.S. 1957, § 5-65.

Cross references. —

As to authority of legislature to provide for the appointment of court commissioners, see art. 5, § 14, Wyo. Const.

As to conveyance of real property by master commissioner in connection with enforcement of judgment lien by execution, see §§ 1-17-322 and 1-17-323 .

As to authority of court commissioner to grant injunctions, in the absence from the county of the district judge, see § 1-28-103 .

As to powers and duties of court commissioners in vacation, with reference to probate court, see §§ 2-2-106 through 2-2-108 .

As to authority of judge or commissioner to order payment of fees to clerk in probate matters and as to liability of clerk on his bond for collection thereof, see §§ 2-2-401 and 2-2-402 .

As to duty of commissioners relative to the enforcement of §§ 35-10-201 through 35-10-207 , relating to fireworks, see § 35-10-206 .

Applied in

Sandstrom v. Sandstrom, 880 P.2d 103, 1994 Wyo. LEXIS 93 (Wyo. 1994).

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

§ 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.

History. Laws 1895, ch. 115, § 2; R.S. 1899, § 3330; C.S. 1910, § 918; C.S. 1920, § 1144; R.S. 1931, § 31-212; C.S. 1945, § 1-611; W.S. 1957, § 5-66.

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

§ 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.

History. Laws 1895, ch. 115, § 3; R.S. 1899, § 3331; C.S. 1910, § 919; C.S. 1920, § 1145; R.S. 1931, § 31-213; C.S. 1945, § 1-612; W.S. 1957, § 5-67; Laws 1991, ch. 49, § 1.

Cross references. —

As to qualifications of commissioners prescribed by constitution, see art. 5, § 14, Wyo. Const.

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

§ 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.

History. Laws 1895, ch. 115, § 4; R.S. 1899, § 3332; C.S. 1910, § 920; C.S. 1920, § 1146; R.S. 1931, § 31-214; C.S. 1945, § 1-613; W.S. 1957, § 5-68.

Quoted in

May v. May, 945 P.2d 1189, 1997 Wyo. LEXIS 131 (Wyo. 1997).

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

§ 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.

History. Laws 1884, ch. 29, § 3; R.S. 1887, § 10; R.S. 1899, § 2748; C.S. 1910, § 3640; C.S. 1920, § 4596; R.S. 1931, § 97-121; C.S. 1945, § 3-2804; W.S. 1957, § 5-69; 2009, ch. 168, § 206.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

The 2009 amendment, effective July 1, 2009, deleted “and ex officio register of deeds” following “the county clerk.”

§ 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.

History. Laws 1895, ch. 115, § 5; R.S. 1899, § 3333; C.S. 1910, § 921; C.S. 1920, § 1147; R.S. 1931, § 31-215; C.S. 1945, § 1-614; W.S. 1957, § 5-70.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

§ 5-3-307. Powers generally.

1. 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:
   1. 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;
   2. 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;
   3. To administer oaths;
   4. To hear, try and determine all issues  whenever an application shall have been made for a change of judge;
   5. To take evidence and make findings, and  report the same to the district court;
   6. To take depositions;
   7. To punish persons for contempts committed  during hearings had before him;
   8. 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.

History. Laws 1895, ch. 115, § 6; R.S. 1899, § 3334; C.S. 1910, § 922; C.S. 1920, § 1148; Laws 1929, ch. 151, § 1; R.S. 1931, § 31-216; C.S. 1945, § 1-615; W.S. 1957, § 5-71; Laws 1969, ch. 180, § 1; 1975, ch. 151, § 1; 1981, Sp. Sess., ch. 24, § 1; 1993, ch. 210, § 2.

Cross references. —

For constitutional powers of commissioners, see art. 5, § 14, Wyo. Const.

As to officers authorized to administer oaths generally, see § 1-2-102 .

As to authority to issue injunctions when judge is absent from county, see § 1-28-103 .

As to power to solemnize marriage, see § 20-1-106 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Judgment by commissioner on merits is invalid. —

A court commissioner is without authority to determine on the merits the issues in an action where the judge has been disqualified; the expression “chamber business” in art. 5, § 14, Wyo. Const., refers to such business or proceedings as might be conducted by the judge at chambers, and not to the trial on the merits, and his judgment in such case is invalid for want of jurisdiction. Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (Wyo. 1912).

Extending time for filing record. —

District court commissioner had authority to extend time for filing record on appeal, since, under former direct appeal statute, the power was one which the district judge might exercise in chambers. Miller v. New York Oil Co., 32 Wyo. 483, 235 P. 323, 1925 Wyo. LEXIS 20 (Wyo. 1925).

Child support modification proceeding. —

Pursuant to Wyo. Const., art. 5, § 14, and this section, an assignment to a court commissioner to take evidence and make findings in a child support modification proceeding is not improper, but the district court must be apprised of the evidence received and relied upon by the court commissioner in making his findings, and the district court must independently review the evidence and findings in making its decision, with such review being indicated on the record. Foster v. Foster, 768 P.2d 1038, 1989 Wyo. LEXIS 39 (Wyo. 1989), reh'g denied, 1989 Wyo. LEXIS 86 (Wyo. Mar. 2, 1989).

Authority in custody modification cases. —

District court commissioner had authority to take evidence and make findings in a custody modification case. May v. May, 945 P.2d 1189, 1997 Wyo. LEXIS 131 (Wyo. 1997).

District court afforded unwarranted deference to determinations by court commissioner and expanded the role of the court commissioner beyond that envisioned by constitution and statute, where no part of the proceedings before the court commissioner was transcribed for review by the district court and the court's order modifying a divorce decree contained only the conclusions of the court commissioner. Gaines v. Doby, 773 P.2d 442, 1989 Wyo. LEXIS 107 (Wyo. 1989).

Authority to rule on the admissibility of evidence. —

Paragraph (a)(v) does not confer upon a district court commissioner authority to exclude evidence or make legal rulings on the admissibility of evidence, and commissioner exceeded his authority when he ruled on a motion in limine and refused to accept party's evidence at hearing. May v. May, 945 P.2d 1189, 1997 Wyo. LEXIS 131 (Wyo. 1997).

Quoted in

Sandstrom v. Sandstrom, 880 P.2d 103, 1994 Wyo. LEXIS 93 (Wyo. 1994).

Cited in

Mau v. Stoner, 12 Wyo. 478, 76 P. 584, 1904 Wyo. LEXIS 14 (1904); Weltner v. Thurmond, 17 Wyo. 310, 98 P. 601, 1908 Wyo. LEXIS 19 (1908).

§ 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.

History. Laws 1895, ch. 115, § 7; R.S. 1899, § 3335; C.S. 1910, § 923; C.S. 1920, § 1149; R.S. 1931, § 31-217; C.S. 1945, § 1-616; W.S. 1957, § 5-72; Laws 1991, ch. 49, § 1.

Cross references. —

As to costs in district courts in general, see § 5-3-206 .

As to duty of legislature to provide by law the fees which may be demanded by court commissioners, see art. 14, § 2, Wyo. Const.

As to fees of court commissioner in probate matters, see § 2-2-404 .

Court fixes fees. —

District court commissioner is without jurisdiction to fix his fees; statute requires district court to do it. Brown v. Brown, 23 Wyo. 1, 146 P. 231, 1915 Wyo. LEXIS 6 (Wyo. 1915).

Standards for court's determination. —

The fees of a court commissioner appointed to take testimony and report findings of fact and law are not necessarily to be determined in accordance with judicial salaries paid in the state, but are to be fixed in accordance with the character of the services, the amount involved and the ability and standing of the commissioner. Weltner v. Thurmond, 17 Wyo. 310, 98 P. 601, 1908 Wyo. LEXIS 19 (Wyo. 1908), reh'g denied, 17 Wyo. 310, 99 P. 1128, 1909 Wyo. LEXIS 2 (Wyo. 1909).

A fee of $500.00 was held not excessive, considering the time and amount involved. Weltner v. Thurmond, 17 Wyo. 310, 98 P. 601, 1908 Wyo. LEXIS 19 (Wyo. 1908), reh'g denied, 17 Wyo. 310, 99 P. 1128, 1909 Wyo. LEXIS 2 (Wyo. 1909).

§ 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.

History. Laws 1895, ch. 115, § 8; R.S. 1899, § 3336; C.S. 1910, § 924; C.S. 1920, § 1150; R.S. 1931, § 31-218; C.S. 1945, § 1-617; W.S. 1957, § 5-73.

Cross references. —

As to records to be kept by clerk of court, see § 5-3-202 .

§ 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.

History. Laws 1895, ch. 115, § 9; R.S. 1899, § 3337; C.S. 1910, § 925; C.S. 1920, § 1151; R.S. 1931, § 31-219; C.S. 1945, § 1-618; W.S. 1957, § 5-74.

Order not submitted for approval. —

Prior loans held not included in an order by a district court commissioner limiting the amount that a surviving partner could borrow which was not submitted to the judge for approval. State Bank v. Bagley Bros., 44 Wyo. 244, 11 P.2d 572, 1932 Wyo. LEXIS 21 (Wyo.), reh'g denied, 44 Wyo. 456, 13 P.2d 564, 1932 Wyo. LEXIS 33 (Wyo. 1932).

Contempt proceedings. —

A court commissioner found a party guilty of contempt, and imposed a fine upon him. Thereafter the matter was heard by the court under this section. The act of the court was not in the exercise of a general jurisdiction which it might have to punish for contempt, but was in the nature of a review, and the fact that the court went further in its order than merely to approve the acts of the commissioner, and adjudged the accused guilty of contempt, and prescribed the penalty, did not change the nature of the proceedings, where the order was confessedly based on the commissioner's findings. Mau v. Stoner, 12 Wyo. 478, 76 P. 584, 1904 Wyo. LEXIS 14 (Wyo. 1904).

Quoted in

Foster v. Foster, 768 P.2d 1038, 1989 Wyo. LEXIS 39 (Wyo. 1989).

§ 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.

History. Laws 1899, ch. 53, § 1; R.S. 1899, § 3338; C.S. 1910, § 926; C.S. 1920, § 1152; R.S. 1931, § 31-220; C.S. 1945, § 1-619; W.S. 1957, § 5-75.

Cited in

Huhn v. Quinn, 21 Wyo. 51, 128 P. 514, 1912 Wyo. LEXIS 13 (1912).

Law reviews. —

For note, “The Common-Law Rule Against Holding Incompatible Offices — Abolishing the ‘Office’ Limitation,” see IX Land & Water L. Rev. 667 (1974).

§ 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.

History. Laws 1899, ch. 53, § 2; R.S. 1899, § 3339; C.S. 1910, § 927; C.S. 1920, § 1153; R.S. 1931, § 31-221; C.S. 1945, § 1-620; W.S. 1957, § 5-76.

Practice of law. —

Part-time circuit court magistrate, who would have been a county court commissioner under former legislation that defined the position in exactly the same manner as the revised legislation, was precluded from practicing law only under the precise circumstances enumerated by the statute, and thus could serve as an attorney in an adoption proceeding. MTM v. LD (In re KJD), 2002 WY 26, 41 P.3d 522, 2002 Wyo. LEXIS 17 (Wyo. 2002).

Insufficient evidence of disqualification. —

An allegation of the disqualification of a court commissioner to act, on the ground of previous employment as counsel in a former action between the parties, supported only by the record in such action which disclosed nothing showing that the commissioner had been engaged as counsel or gave advice in reference to the proceedings pending before him, held not to show disqualification. State ex rel. Mau v. Ausherman, 11 Wyo. 410, 72 P. 200, 1903 Wyo. LEXIS 15 (Wyo.), reh'g denied, 11 Wyo. 410, 73 P. 548, 1903 Wyo. LEXIS 16 (Wyo. 1903).

§ 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.

History. Laws 1909, ch. 152, § 1; C.S. 1910, § 940; C.S. 1920, § 1166; R.S. 1931, § 31-237; C.S. 1945, § 1-622; Laws 1955, ch. 114, § 1; W.S. 1957, § 5-77.

Cross references. —

As to stenographic report or transcript as evidence, see Rule 80, W.R.C.P.

Reporter is court officer. —

The court reporter is a regularly appointed and sworn officer of the court. Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (Wyo. 1916).

Cited in

Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916).

Quoted in

Bredthauer v. Bredthauer, 2013 WY 136, 312 P.3d 83, 2013 Wyo. LEXIS 142 (Oct 31, 2013).

§ 5-3-402. [Repealed.]

Repealed by Laws 2008, ch. 27, § 2.

Editor's notes. —

This section, which derived from Laws 1909, ch. 152, § 2, pertained to the qualifications, supervision, and removal for cause of court reporters.

Laws 2008, ch. 27, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 4, 2008.

§ 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.

History. Laws 1909, ch. 152, § 3; C.S. 1910, § 942; C.S. 1920, § 1168; Laws 1921, ch. 102, § 1; R.S. 1931, § 31-239; C.S. 1945, § 1-624; Laws 1947, ch. 84, § 1; W.S. 1957, § 5-79.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

Generally. —

In a manslaughter case, the district court's sua sponte revision of the trial transcript was not improper as the district court acted reasonably in ordering the trial transcript to be amended to comport with the actual testimony. Bromley v. State, 2009 WY 133, 219 P.3d 110, 2009 Wyo. LEXIS 144 (Wyo. 2009).

Reporter should perform duties without delay. —

The official court stenographer serves as an officer of the district court and his prescribed duties should be performed with fidelity and without unnecessary delay. Richardson v. State, 15 Wyo. 465, 89 P. 1027, 1907 Wyo. LEXIS 29 (Wyo. 1907).

And failure may be grounds for new trial. —

Court might grant new trial where, solely on account of failure of official court stenographer (now reporter), upon request, to furnish complete transcript of evidence, rulings and exceptions within time allowed, complaining party was prevented from presenting all the necessary evidence to a review. Richardson v. State, 15 Wyo. 465, 89 P. 1027, 1907 Wyo. LEXIS 29 (Wyo. 1907).

Even though court directs reporter to strike remarks. —

Defendant was entitled to new trial, where court refused to make record of remarks of state's counsel in argument on motion, and ordered any remarks taken down to be stricken out. State v. Thomas, 38 Wyo. 72, 264 P. 1017, 1928 Wyo. LEXIS 27 (Wyo. 1928).

Court reporter's notes are not required to be filed with the papers of the case. Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (Wyo. 1916).

Reporter's attendance not required after parties rest. —

This provision does not necessarily require the attendance of the court reporter in a proceeding after the parties rest, although it is highly inadvisable to excuse him until the verdict has been returned, especially in a murder case. State v. Riggle, 76 Wyo. 1, 298 P.2d 349, 1956 Wyo. LEXIS 29 (Wyo. 1956).

Notation of attendance at trial part of record. —

This section, which, after enumerating what the stenographic notes of the court reporter shall contain, also enumerates “such other proceedings as the court may direct.” Thus, a notation by the court reporter as to the attendance at a rape trial was in the record and would not be expunged by the supreme court. State v. Holm, 67 Wyo. 360, 224 P.2d 500, 1950 Wyo. LEXIS 18 (Wyo. 1950).

Quoted in

Farbotnik v. State, 850 P.2d 594, 1993 Wyo. LEXIS 70 (Wyo. 1993).

Law reviews. —

For article “Mechanically Produced Evidence,” see 3 Wyo. L.J. 221.

Am. Jur. 2d, ALR and C.J.S. references. —

Failure or refusal of state court judge to have record made of bench conference with counsel in criminal proceeding, 31 ALR5th 704.

§ 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.

History. Laws 1961, ch. 60, § 1; W.S. 1957, § 5-79.1; Laws 1992, ch. 25, § 3.

Generally. —

In a manslaughter case, the district court's sua sponte revision of the trial transcript was not improper as the district court acted reasonably in ordering the trial transcript to be amended to comport with the actual testimony. Bromley v. State, 2009 WY 133, 219 P.3d 110, 2009 Wyo. LEXIS 144 (Wyo. 2009).

§ 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.

History. Laws 1961, ch. 60, § 2; W.S. 1957, § 5-79.2; Laws 1992, ch. 25, § 3.

Generally. —

In a manslaughter case, the district court's sua sponte revision of the trial transcript was not improper as the district court acted reasonably in ordering the trial transcript to be amended to comport with the actual testimony. Bromley v. State, 2009 WY 133, 219 P.3d 110, 2009 Wyo. LEXIS 144 (Wyo. 2009).

Requirements for furnishing of transcripts at state expense. —

Two requirements must be met before the district court is required to furnish a transcript for a defendant at the state's expense: (1) The defendant must file a petition seeking constitutional relief; and (2) the district court must determine that the petition has merit. Escobedo v. State, 601 P.2d 1028, 1979 Wyo. LEXIS 499 (Wyo. 1979).

§ 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.

History. Laws 1961, ch. 60, § 3; W.S. 1957, § 5-79.3.

Requirements for furnishing of transcripts at state expense. —

Two requirements must be met before the district court is required to furnish a transcript for a defendant at the state's expense: (1) The defendant must file a petition seeking constitutional relief; and (2) the district court must determine that the petition has merit. Escobedo v. State, 601 P.2d 1028, 1979 Wyo. LEXIS 499 (Wyo. 1979).

§ 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 [§§ 5-3-404 through 5-3-407 ], 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.

History. Laws 1961, ch. 60, § 4; W.S. 1957, § 5-79.4.

§ 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.

History. Laws 1909, ch. 152, § 4; C.S. 1910, § 943; C.S. 1920, § 1169; R.S. 1931, § 31-240; C.S. 1945, § 1-625; W.S. 1957, § 5-80.

Cited in

Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916).

§ 5-3-409. Duty as judge's stenographer.

Each official reporter appointed under the provisions of this act [§§ 5-3-401 through 5-3-403 , 5-3-408 through 5-3-412 ], 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.

History. Laws 1909, ch. 152, § 6; C.S. 1910, § 945; C.S. 1920, § 1171; R.S. 1931, § 31-242; C.S. 1945, § 1-627; W.S. 1957, § 5-81.

Cited in

Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916).

§ 5-3-410. Fees for transcripts and records.

1. through (d) Repealed by Laws 2014, ch. 18, §  1.
2. The reporter may charge three dollars  and twenty-five cents ($3.25) per page of twenty-five (25) lines,  for all transcripts, records and other papers required to be made  and issued as the official reporter. At no additional charge, the  reporter shall include one (1) copy for the party ordering the original.  The reporter may charge one dollar and twenty-five cents ($1.25) per  page for each additional copy, and may require payment in advance  or upon delivery.
3. The fees which have been paid for reporting by the requesting party may be taxed as costs against the unsuccessful  party.
4. Immediately upon conclusion of the proceeding, the reporter shall notify the clerk of the court of the fees which have been paid by the respective parties to the action, for the purpose of taxing costs.
5. All fees paid to the court reporter for reporting services under   W.S. 5-3-403 shall be paid into the state treasury as soon as practicable after the first Monday of each month after the services are performed. The court reporter is liable upon his official bond for collecting  and transmitting reporting fees to the state treasury.” Cited in Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916); ELA v. AAB, 2016 WY 98, 382 P.3d 45, 2016 Wyo. LEXIS 109 (Wyo. 2016). Law reviews. — For case note, “Constitutional Law — An Indigent's Right to a Free Trial Transcript. Mayer v. City of Chicago, 404 U.S. 189, 30 L. Ed. 2d 372, 92 S. Ct. 410, 1971 U.S. LEXIS 298 (1971),” see VII Land & Water L. Rev. 707 (1972).

History. Laws 1909, ch. 152, § 7; C.S. 1910, § 946; C.S. 1920, § 1172; Laws 1921, ch. 102, § 2; R.S. 1931, § 21-243; Laws 1945, ch. 48, § 1; C.S. 1945, § 1-628; Laws 1955, ch. 91, § 1; W.S. 1957, § 5-82; Laws 1963, ch. 70, § 1; 1975, ch. 116, § 1; 1981, ch. 116, § 1; 1989, ch. 95, § 1; 2001, ch. 157, § 1; 2014, ch. 18, § 1.

Cross references. —

As to costs and fees in district courts, see § 5-3-206 .

As to duty of officer to post fees and as to penalty for failure to comply, see § 1-14-113 .

The 2014 amendment, effective July 1, 2014, repealed former (a) through (d) which read:

(a) In all civil cases the official court reporter shall collect a fee of forty-five dollars ($45.00) per day for reporting, as set forth in W.S. 5-3-403 . The fee is payable in advance by the parties who request the reporting service. The fee shall be paid into the state treasury.

§ 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.

History. Laws 1909, ch. 152, § 8; C.S. 1910, § 947; Laws 1917, ch. 48, § 1; C.S. 1920, § 1173; R.S. 1931, § 31-244; Laws 1949, ch. 40, § 1; C.S. 1945, § 1-629; Laws 1947, ch. 81, § 1; 1949, ch. 65, § 3; 1953, ch. 79, § 1; 1957, ch. 157, § 5; W.S. 1957, § 5-83; Laws 1961, ch. 148, § 5; 1965, ch. 115, § 4; 1967, ch. 181, § 33; 1969, ch. 168, § 9.

Cross references. —

For amount of salary, see § 9-3-101 .

Cited in

Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916).

§ 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.

History. Laws 1909, ch. 152, § 9; C.S. 1910, § 948; C.S. 1920, § 1174; R.S. 1931, § 31-245; C.S. 1945, § 1-630; W.S. 1957, § 5-84.

Repealing clauses. —

Laws 1909, ch. 152, § 11, repealed all laws and parts of laws in conflict therewith.

Abuse of Discretion. —

In a divorce case, although a trial court abused its discretion by refusing to allow the use of a substitute reporter to transcribe the proceedings and prepare an official transcript, there was no prejudice shown; the purpose for the time notification was for the convenience of the official court reporter. The error was harmless because a trial transcript was unnecessary since the parties stipulated to all pertinent facts and exhibits upon which the trial court made detailed findings in its decision letters. Bredthauer v. Bredthauer, 2013 WY 136, 312 P.3d 83, 2013 Wyo. LEXIS 142 (Wyo. 2013).

Cited in

Harris v. State, 23 Wyo. 487, 153 P. 881, 1916 Wyo. LEXIS 1 (1916).

Am. Jur. 2d, ALR and C.J.S. references. —

Court reporter's death or disability prior to transcribing notes as grounds for reversal or new trial, 57 ALR4th 1049.

§ 5-3-501. Definitions.

1. When used in this act [§§ 5-3-501 through 5-3-504 ], the following definitions will apply unless the context  otherwise requires:
   1. Court. — The word “court” shall mean the district or juvenile courts;
   2. 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;
   3. 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;
   4. Tense, Gender.  — The singular includes the plural, the plural the singular,  and the masculine the feminine, when consistent with the intent of  the act.

History. Laws 1961, ch. 99, § 1; W.S. 1957, § 5-84.1; Laws 1973, ch. 213, § 2.

Cross references. —

As to probation and parole generally, see § 7-13-401 et seq.

As to juvenile probation, see title 14, chapter 6, article 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 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.

History. Laws 1961, ch. 99, § 2; W.S. 1957, § 5-84.2.

Cross references. —

As to county commissioners generally, see § 18-3-501 et seq.

§ 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 [§§ 5-3-501 through 5-3-504 ], shall be determined by the county commissioners.

History. Laws 1961, ch. 99, § 3; W.S. 1957, § 5-84.3.

§ 5-3-504. Duties.

1. Each counselor employed under the provisions  of this act [§§ 5-3-501 through 5-3-504 ] shall have the following duties:
   1. 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:
      1. The investigation may be waived by the  offender unless the court specifically requests it;
      2. Special attention shall be given to minor  offenders in the effort to rehabilitate them toward responsible citizenship;
   2. 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;
   3. 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;
   4. 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;
   5. He shall advise and counsel his charges  and encourage steps in the direction of rehabilitation and good citizenship.
2. All case records shall be confidential.

History. Laws 1961, ch. 99, § 4; W.S. 1957, § 5-84.4; Laws 1973, ch. 213, § 2; 1992, ch. 25, § 3; 2004, ch. 42, § 1.

Cross references. —

As to age of majority, see § 14-1-101 .

The 2004 amendment, in (a)(ii), deleted “justice and municipal court” following “investigations where requested by.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§§ 5-4-101 through 5-4-119. [Repealed.]

Repealed by Laws 2004, ch. 42, § 2.

Editor's notes. —

This article, which derived from C.L. 1876, ch. 28, art. 10, § 2; C.L. 1876, ch. 71, Part 1, §§ 1 - 6, 192; Laws 1890, ch. 73, § 114; Laws 1895, ch. 72, § 1; Laws 1937, ch. 85, § 11; and Laws 1985, ch. 147, § 1, pertained to justices of the peace and constables generally.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§§ 5-4-201 through 5-4-224. [Repealed.]

Repealed by Laws 2004, ch. 42, § 2.

Editor's notes. —

This article, which derived from Laws 1971, ch. 214, §§ 1 - 23 and Laws 1985, ch. 147, § 1, pertained to the justice of the peace court system.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§§ 5-4-301 through 5-4-305. [Repealed.]

Repealed by Laws 2004, ch. 42, § 2.

Editor's notes. —

This article, which derived from C.L. 1876, ch. 71, Part I, §§ 188 though 190, and 193 and 194, pertained to the disposition of the records of justices.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 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.

History. Laws 1971, ch. 214, § 36; W.S. 1957, § 5-114.1.

§ 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.

History. Laws 1971, ch. 214, § 37; W.S. 1957, § 5-114.2.

Severability. —

Laws 1971, ch. 214, § 38, reads: “If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.”

Repealing clauses. —

Laws 1971, ch. 214, § 39, reads: “All acts and parts of acts inconsistent with this act are hereby repealed to the extent of such inconsistency.”

§ 5-5-101. [Renumbered.]

Amended and renumbered as § 5-9-101 by Laws 2000, ch. 24, § 3.

§§ 5-5-102 and 5-5-103. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Cross references. —

As to establishment of circuit courts, see § 5-9-102 .

Editor's notes. —

These sections, which derived from Laws 1971, ch. 261, §§ 2 and 3, related to the establishment of county courts in counties, and related expenses.

§ 5-5-104. [Renumbered.]

Amended and renumbered as § 5-9-103 by Laws 2000, ch. 24, § 3.

§ 5-5-105. [Renumbered.]

Amended and renumbered as § 5-9-104 by Laws 2000, ch. 24, § 3.

§ 5-5-106. [Renumbered.]

Amended and renumbered as § 5-9-105 by Laws 2000, ch. 24, § 3.

§ 5-5-107. [Renumbered.]

Amended and renumbered as § 5-9-106 by Laws 2000, ch. 24, § 3.

§ 5-5-108. [Renumbered.]

Amended and renumbered as § 5-9-107 by Laws 2000, ch. 24, § 3.

§ 5-5-109. [Renumbered.]

Amended and renumbered as § 5-9-108 by Laws 2000, ch. 24, § 3.

§ 5-5-110. [Renumbered.]

Amended and renumbered as § 5-9-109 by Laws 2000, ch. 24, § 3.

§ 5-5-111. [Renumbered.]

Amended and renumbered as § 5-9-110 by Laws 2000, ch. 24, § 3.

§ 5-5-112. [Renumbered.]

Amended and renumbered as § 5-9-111 by Laws 2000, ch. 24, § 3.

§ 5-5-113. [Repealed.]

Repealed by Laws 1978, ch. 45, § 2.

Cross references. —

For present provisions covering the subject matter of the repealed section, see § 5-9-111 .

Editor's notes. —

This section, which derived from Laws 1971, ch. 261, § 13, related to appointment of judges when none were elected.

§ 5-5-114. [Repealed.]

Repealed by Laws 2000, ch. 24. § 5.

Editor's notes. —

This section, which derived from Laws 1971, ch. 261, § 14, related to the instruction of judges by the supreme court.

§ 5-5-115. [Renumbered.]

Amended and renumbered as § 5-9-112 by Laws 2000, ch. 24, § 3.

§ 5-5-116. [Renumbered.]

Amended and renumbered as § 5-9-113 by Laws 2000, ch. 24, § 3.

§ 5-5-117. [Renumbered.]

Amended and renumbered as § 5-9-114 by Laws 2000, ch. 24, § 3.

§ 5-5-118. [Renumbered.]

Amended and renumbered as § 5-9-115 by Laws 2000, ch. 24, § 3.

§ 5-5-119. [Renumbered.]

Amended and renumbered as § 5-9-116 by Laws 2000, ch. 24, § 3.

§ 5-5-120. [Renumbered.]

Amended and renumbered as § 5-9-117 by Laws 2000, ch. 24, § 3.

§ 5-5-121. [Renumbered.]

Amended and renumbered as § 5-9-118 by Laws 2000, ch. 24, § 3.

§ 5-5-122. [Renumbered.]

Amended and renumbered as § 5-9-119 by Laws 2000, ch. 24, § 3.

§ 5-5-123. [Renumbered.]

Amended and renumbered as § 5-9-120 by Laws 2000, ch. 24, § 3.

§ 5-5-124. [Renumbered.]

Amended and renumbered as § 5-9-121 by Laws 2000, ch. 24, § 3.

§ 5-5-125. [Renumbered.]

Amended and renumbered as § 5-9-122 by Laws 2000, ch. 24, § 3.

§ 5-5-126. [Renumbered.]

Amended and renumbered as § 5-9-123 by Laws 2000, ch. 24, § 3.

§ 5-5-127. [Renumbered.]

Amended and renumbered as § 5-9-124 by Laws 2000, ch. 24, § 3.

§ 5-5-128. [Renumbered.]

Amended and renumbered as § 5-9-125 by Laws 2000, ch. 24, § 3.

§ 5-5-129. [Renumbered.]

Amended and renumbered as § 5-9-126 by Laws 2000, ch. 24, § 3.

§ 5-5-130. [Renumbered.]

Amended and renumbered as § 5-9-127 by Laws 2000, ch. 24, § 3.

§ 5-5-131. [Renumbered.]

Amended and renumbered as § 5-9-128 by Laws 2000, ch. 24, § 3.

§ 5-5-132. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Editor's notes. —

This section, which derived from Laws 1971, ch. 261, § 32, related to the jurisdiction of county courts in actions disputing boundaries or title to real property.

§ 5-5-133. [Renumbered.]

Amended and renumbered as §§ 5-9-129 by Laws 2000, ch. 24, § 3.

§ 5-5-134. [Renumbered.]

Amended and renumbered as § 5-9-132 by Laws 2000, ch. 24, § 3.

§ 5-5-135. [Renumbered.]

Amended and renumbered as § 5-9-133 by Laws 2000, ch. 24, § 3.

§ 5-5-136. [Renumbered.]

Amended and renumbered as § 5-9-134 by Laws 2000, ch. 24, § 3.

§ 5-5-137. [Renumbered.]

Amended and renumbered as § 5-9-135 by Laws 2000, ch. 24, § 3.

§ 5-5-138. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Cross references. —

For present provisions as to subpoena duces tecum, see Rules 30(b) and 34, W.R.C.P.

Editor's notes. —

This section, which derived from Laws 1971, ch. 261, § 38, related to the authority of a judge of a county court to issue a subpoena duces tecum.

§ 5-5-139. [Renumbered.]

Amended and renumbered as § 5-9-136 by Laws 2000, ch. 24, § 3.

§ 5-5-140. [Renumbered.]

Renumbered as § 5-9-137 by Laws 2000, ch. 24, § 3.

§ 5-5-141. [Renumbered.]

Amended and renumbered as § 5-9-138 by Laws 2000, ch. 24, § 3.

§§ 5-5-142 and 5-5-143. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Cross references. —

For present provisions regarding appeals, see Wyoming Rules of Appellate Procedure.

Editor's notes. —

These sections, which derived from Laws 1971, ch. 261, §§ 42 and 43, related to the right to appeal any final judgment or sentence of a county court for review of errors of law.

§ 5-5-144. [Renumbered.]

Amended and renumbered as § 5-9-139 by Laws 2000, ch. 24, § 3.

§ 5-5-145. [Renumbered.]

Renumbered as § 5-9-140 by Laws 2000, ch. 24, § 3.

§ 5-5-146. [Renumbered.]

Renumbered as § 5-9-141 by Laws 2000, ch. 24, § 3.

§ 5-5-147. [Renumbered.]

Amended and renumbered as § 5-9-142 by Laws 2000, ch. 24, § 3.

§ 5-5-148. [Renumbered.]

Amended and renumbered as § 5-9-143 by Laws 2000, ch. 24, § 3.

§§ 5-5-149 through 5-5-151. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Cross references. —

For present provisions regarding taking of appeals, see Wyoming Rules of Appellate Procedure.

As to keeping docket books, see Rule 2, Rules of Supreme Court of Wyoming.

Editor's notes. —

These sections, which derived from Laws 1971, ch. 261, §§ 49, 50 and 51, related to the time and manner for taking appeals from the district court to the supreme court of Wyoming, and to the requirement of keeping uniform docket books.

§ 5-5-152. [Renumbered.]

Amended and renumbered as § 5-9-144 by Laws 2000, ch. 24, § 3.

§ 5-5-153. [Renumbered.]

Amended and renumbered as § 5-9-145 by Laws 2000, ch. 24, § 3.

§ 5-5-154. [Renumbered.]

Amended and renumbered as § 5-9-146 by Laws 2000, ch. 24, § 3.

§ 5-5-155. [Renumbered.]

Amended and renumbered as § 5-9-147 by Laws 2000, ch. 24, § 3.

§ 5-5-156. [Renumbered.]

Amended and renumbered as § 5-9-148 by Laws 2000, ch. 24, § 3.

§ 5-5-157. [Renumbered.]

Amended and renumbered as § 5-9-149 by Laws 2000, ch. 24, § 3.

§ 5-5-158. [Renumbered.]

Amended and renumbered as § 5-9-150 by Laws 2000, ch. 24, § 3.

§ 5-5-159. [Renumbered.]

Amended and renumbered as § 5-9-151 by Laws 2000, ch. 24, § 3.

§ 5-5-160. [Renumbered.]

Amended and renumbered as § 5-9-152 by Laws 2000, ch. 24, § 3.

§ 5-5-161. [Renumbered.]

Amended and renumbered as § 5-9-153 by Laws 2000, ch. 24, § 3.

§ 5-5-162. [Renumbered.]

Amended and renumbered as §§ 5-9-201 by Laws 2000, ch. 24, § 3.

§ 5-5-163. [Renumbered.]

Amended and renumbered as § 5-9-202 by Laws 2000, ch. 24, § 3.

§ 5-5-164. [Renumbered.]

Amended and renumbered as § 5-9-203 by Laws 2000, ch. 24, § 3.

§ 5-5-165. [Renumbered.]

Amended and renumbered as § 5-9-204 by Laws 2000, ch. 24, § 3.

§ 5-5-166. [Renumbered.]

Amended and renumbered as § 5-9-205 by Laws 2000, ch. 24, § 3.

§ 5-5-167. [Renumbered.]

Amended and renumbered as § 5-9-206 by Laws 2000, ch. 24, § 3.

§ 5-5-168. [Renumbered.]

Amended and renumbered as § 5-9-208 by Laws 2000, ch. 24, § 3.

§ 5-5-169. [Renumbered.]

Amended and renumbered as § 5-9-209 by Laws 2000, ch. 24, § 3.

§ 5-5-170. [Renumbered.]

Amended and renumbered as § 5-9-210 by Laws 2000, ch. 24, § 3.

§§ 5-5-171 through 5-5-175. [Repealed.]

Repealed by Laws 2000, ch. 24, § 5.

Cross references. —

As to effect of establishment of circuit court system on justice of the peace courts, see editor's note to Laws 2000, ch. 24, § 6, at the beginning of this chapter.

As to effect of establishment of circuit court system on county courts, see editor's notes to Laws 2000, ch. 24, §§ 9 and 10.

As to effect of repeal of statutes by this act, see editor's note to Laws 2000, ch. 24, § 8.

As to transfer of duties of constable to county sheriff, see §§ 5-4-401 and 5-4-402 .

Editor's notes. —

These sections, which derived from Laws 1971, ch. 261, §§ 71, 72, 74, 75 and 78, related to the establishment of a county court system and its effect upon justice of the peace courts; the effect of the repeal of statutes on prior acts, offenses, penalties, rights, and prosecutions; the transfer of duties and powers from the constable's office to the county sheriff; and the dates after which nominations for constable and justice of the peace were unacceptable.

§ 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.

History. Laws 1905, ch. 27, § 1; 1909, ch. 88, § 1; C.S. 1910, § 949; C.S. 1920, § 1175; R.S. 1931, § 22-1301; C.S. 1945, § 29-1801; W.S. 1957, § 5-115.

Cross references. —

As to power of cities and towns to enforce obedience of ordinances with fines and penalties, see § 15-1-103(a)(xli).

Provisions in special charter not repealed. —

Provision of the special charter of the city of Cheyenne was not amended by this section and other sections in this article in regard to appeals from police court. Stutsman v. Cheyenne, 18 Wyo. 499, 113 P. 322, 1911 Wyo. LEXIS 32 (Wyo. 1911).

Applied in

Nollsch v. City of Rock Springs, 724 P.2d 447, 1986 Wyo. LEXIS 603 (Wyo. 1986).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Cited in

City of Sheridan v. Cadle, 24 Wyo. 293, 157 P. 892, 1916 Wyo. LEXIS 33 (1916).

§ 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.

History. Laws 1905, ch. 27, § 2; C.S. 1910, § 950; C.S. 1920, § 1176; R.S. 1931, § 22-1302; C.S. 1945, § 29-1802; W.S. 1957, § 5-116; Laws 1981, ch. 101, § 1.

Applied in

Nollsch v. City of Rock Springs, 724 P.2d 447, 1986 Wyo. LEXIS 603 (Wyo. 1986); Dawson v. City of Casper, 731 P.2d 1186, 1987 Wyo. LEXIS 389 (Wyo. 1987).

Cited in

Stutsman v. City of Cheyenne, 18 Wyo. 499, 113 P. 322, 1911 Wyo. LEXIS 32 (1911).

Am. Jur. 2d, ALR and C.J.S. references. —

Criminal jurisdiction of municipal or other local court, 102 ALR5th 525.

§ 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.

History. Laws 1905, ch. 27, § 3; C.S. 1910, § 951; C.S. 1920, § 1177; R.S. 1931, § 22-1303; C.S. 1945, § 29-1803; W.S. 1957, § 5-117; Laws 1971, ch. 214, § 27; 1977, ch. 9, § 1; 1981, ch. 101, § 1.

Cross references. —

For definition of “qualified elector,” see § 22-1-102(a)(x).

§ 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.

History. Laws 1905, ch. 27, § 5; C.S. 1910, § 953; C.S. 1920, § 1179; R.S. 1931, § 22-1305; C.S. 1945, § 29-1806; W.S. 1957, § 5-118; Laws 1981, ch. 101, § 1.

Cross references. —

As to term of office of appointed officers in first-class cities, see § 15-3-204 .

As to election and removal of officers under commission form of government, see § 15-4-104 .

As to term of office of appointive officers under manager form of government, see § 15-4-202 .

Due process right to pretermination notice and hearing. —

A municipal judge has an identifiable property right in his office and, therefore, has a federal constitutional right to due process of law that demands notice of an action for his discharge and a hearing prior to termination of his appointment to the office. Art. 1, § 6, Wyo. Const., affords equivalent protection in such a case. Town of Upton v. Whisler, 824 P.2d 545, 1992 Wyo. LEXIS 4 (Wyo. 1992).

§ 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.

History. Laws 1905, ch. 27, § 6; C.S. 1910, § 954; C.S. 1920, § 1180; R.S. 1931, § 22-1306; C.S. 1945, § 29-1807; W.S. 1957, § 5-119; Laws 1981, ch. 101, § 1.

§ 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.

History. Laws 1905, ch. 27, § 4; C.S. 1910, § 952; C.S. 1920, § 1178; R.S. 1931, § 22-1304; C.S. 1945, § 29-1804; W.S. 1957, § 5-120; Laws 1981, ch. 101, § 1; 2008, ch. 27, § 1.

Cross references. —

As to appeals to district court from decisions of justices of the peace in civil actions, see § 1-21-403 .

As to appeals generally, see Rules 1 through 3, 7, 10 and 12, W.R.A.P.

The 2008 amendment substituted “circuit courts” for “justices of the peace” in the final sentence.

Laws 2008, ch. 27, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 4, 2008.

Defendant in criminal case can appeal under § 5-6-107 , irrespective of provisions for appeal from a police justice in § 5-6-203 and irrespective of other appeal provisions contained in this section. Badley v. Sheridan, 440 P.2d 516, 1968 Wyo. LEXIS 171 (Wyo. 1968) (but see, now, Rule 29, W.R. Cr. P.J.C.).

District court has jurisdiction of violation of ordinance. —

The district court has jurisdiction on an appeal from a municipal court for violation of an ordinance. City of Sheridan v. Cadle, 24 Wyo. 293, 157 P. 892, 1916 Wyo. LEXIS 33 (Wyo. 1916).

Complaint must be filed in district court. —

Where defendant was tried in district court on appeal from municipal court without sworn complaint being filed in district court against him, he was improperly tried. Torrington v. Taylor, 59 Wyo. 109, 137 P.2d 621, 1943 Wyo. LEXIS 10 (Wyo. 1943).

Applied in

Swisse v. City of Sheridan, 561 P.2d 712, 1977 Wyo. LEXIS 239 (Wyo. 1977).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Stated in

Cisneros v. City of Casper, 479 P.2d 198, 1971 Wyo. LEXIS 190 (Wyo. 1971).

Cited in

Stutsman v. City of Cheyenne, 18 Wyo. 499, 113 P. 322, 1911 Wyo. LEXIS 32 (1911); Stroup v. City of Sheridan, 392 P.2d 517, 1964 Wyo. LEXIS 100 (Wyo. 1964); City of Laramie v. Hysong, 808 P.2d 199, 1991 Wyo. LEXIS 40 (Wyo. 1991).

§ 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.

History. Laws 1933, ch. 115, § 1; C.S. 1945, § 29-1805; W.S. 1957, § 5-121; Laws 2004, ch. 42, § 1.

The 2004 amendment substituted “municipal court” for “police justice,” and “circuit” for “justice.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Appeal irrespective of §§ 5-6-106 and 5-6-203 . —

A defendant in a criminal case can appeal under the provisions of this section, irrespective of provisions for appeal from a police justice in § 5-6-203 and irrespective of other appeal provisions contained in § 5-6-106 .Badley v. City of Sheridan, 440 P.2d 516, 1968 Wyo. LEXIS 171 (Wyo. 1968).

Appeal from sentence for contempt. —

This section authorizes an appeal from a sentence for contempt imposed by a police justice to the district court. Badley v. City of Sheridan, 440 P.2d 516, 1968 Wyo. LEXIS 171 (Wyo. 1968).

In order for the district court to determine whether the acts complained of can constitute a contempt, it should require the police justice to set forth the particular circumstances of the offense, as required for justices of the peace in § 1-21-905 .Badley v. City of Sheridan, 440 P.2d 516, 1968 Wyo. LEXIS 171 (Wyo. 1968).

Defendant is entitled to jury trial when he has appealed to district court from a judgment in the police court. State ex rel. Suchta v. District Court, 74 Wyo. 48, 283 P.2d 1023, 1955 Wyo. LEXIS 15 (1955).

As case is on same footing as state criminal cases. —

By the term “criminal cases” is meant cases in violation of the laws of the state. When a case of violation of an ordinance reaches the district court on appeal, the violation of such ordinance is considered to be on the same footing as a crime under the criminal laws of the state and must, under this section, be tried in the same manner. Trials under the criminal law of this state are jury trials not only when the case originates in the district court, but also when it originates in a justice court and is then appealed, for on the appeal the trial is de novo. State ex rel. Suchta v. District Court, 74 Wyo. 48, 283 P.2d 1023, 1955 Wyo. LEXIS 15 (1955).

Applied in

Stroup v. City of Sheridan, 392 P.2d 517, 1964 Wyo. LEXIS 100 (Wyo. 1964).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Cited in

Shafsky v. City of Casper, 487 P.2d 468, 1971 Wyo. LEXIS 236 (Wyo. 1971); City of Laramie v. Hysong, 808 P.2d 199, 1991 Wyo. LEXIS 40 (Wyo. 1991).

§ 5-6-108. Costs.

1. 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:
   1. 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;
   2. 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.

History. Laws 1905, ch. 27, § 7; C.S. 1910, § 955; C.S. 1920, § 1181; R.S. 1931, § 22-1307; C.S. 1945, § 29-1808; W.S. 1957, § 5-122; Laws 1973, ch. 211, § 1; 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2017, ch. 105, § 1; 2020, ch. 66, § 1.

The 2010 amendment, effective July 1, 2010, designated the existing provisions as (a) and (a)(i); added (a)(ii); and made related changes.

The 2017 amendment , effective July 1, 2017, in (a)(i), substituted “twenty-five dollars ($25.00)” for “ten dollars ($10.00).”

The 2020 amendment, effective July 1, 2020, in (a)(i), substituted “forty dollars ($40.00)” for “twenty-five dollars ($25.00).”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 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.

History. Laws 1969, ch. 128, § 1; W.S. 1957, § 5-122.1; Laws 1981, ch. 101, § 1.

§ 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.

History. Laws 1969, ch. 128, § 2; W.S. 1957, § 5-122.2; Laws 1981, ch. 101, § 1.

§ 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.

History. Laws 1988, ch. 11, § 1; 2000, ch. 24, § 4; 2004, ch. 42, § 1.

The 2004 amendment deleted “or justice of the peace court” following “execution in circuit court.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 5-6-112. Detention of juvenile offenders.

1. 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.
2. As used in W.S. 5-6-112 and 5-6-113 :
   1. “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;
   2. “Minor” means an individual who is under  the age of eighteen (18) years;
   3. “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;
   4. “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;
   5. “Shelter care” means as defined in W.S. 14-6-201(a)(xxii);
   6. “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.

History. Laws 1993, ch. 210, § 1; 1995, ch. 122, § 2; ch. 150, § 1; 1996, ch. 106, § 1; 1997, ch. 149, § 1; 1998, ch. 7, § 1; 2010, ch. 22, § 1; ch. 69, § 203; 2016, ch. 56, § 1.

The 2010 amendments. — The first 2010 amendment, by ch. 22, § 1, effective July 1, 2010, added (b)(iv) through (b)(vi).

The second 2010 amendment, by ch. 69, § 203, effective July 1, 2010, in (a), deleted “Effective July 1, 1995” at the beginning.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment, effective July 1, 2016, added second sentence in (b)(i).

Appropriations. —

Laws 2004, ch. 95, § 205, as amended by Laws 2005, ch. 191, § 2, appropriates $400,000 for fiscal year 2005-2006, to be expended by the department of education to continue the provision of educational programs and services to children placed in juvenile detention facilities commencing the day following the detention hearing, as originally authorized under and subject to conditions and limitations prescribed by Laws 2004, ch. 111, § 3(b). Unexpended and unencumbered amounts remaining from this appropriation existing on June 30, 2005 are to be reappropriated and expended only for these purposes.

Laws 2005, ch. 191, § 400, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2005.

Am. Jur. 2d, ALR and C.J.S. references. —

Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of United States, 137 ALR Fed 481.

§ 5-6-113. Incarceration of juvenile offenders.

1. No minor convicted of a status offense  shall be sentenced to a term of imprisonment.
2. 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.
3. 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:
   1. Placed in a hardware secure juvenile detention  facility;
   2. 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;
   3. 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.
4. 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.
5. 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.

History. Laws 1993, ch. 210, § 1; 1995, ch. 150, § 1; 2010, ch. 22, § 1; ch. 69, § 203.

The 2010 amendments. — The first 2010 amendment, by ch. 22, § 1, effective July 1, 2010, added (c) through (e).

The second 2010 amendment, by ch. 69, § 203, effective July 1, 2010, in (a), deleted “Effective July 1, 1995” at the beginning.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

§ 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.

History. Laws 1997, ch. 181, § 1; 2013, ch. 20, § 1.

The 2013 amendment , effective July 1, 2013, deleted “by a community juvenile services board” following “program offered”.

§ 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.

History. Laws 1998, ch. 29, § 1.

§ 5-6-116. Suspension of fines on conditions.

1. 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:
   1. Specify the amount of the fine to be suspended; and
   2. 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.
2. 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.

History. Laws 2018, ch. 67, § 1.

Editor’s notes. —

Laws 2018, ch. 67, § 2, provides: "This act applies only to violations of ordinances that occur on or after the effective date of this act."

Effective date. —

Laws 2018, ch. 67, § 3, makes the act effective July 1, 2018.

§ 5-6-201. Jurisdiction of municipal judge; change of venue prohibited; exception for certain civil penalties.

1. 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.
2. 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).

History. Laws 1895, ch. 80, § 71; R.S. 1899, § 1657; Laws 1907, ch. 71, § 16; C.S. 1910, § 1751; C.S. 1920, § 1902; R.S. 1931, § 22-402; C.S. 1945, § 29-250; W.S. 1957, § 5-123; Laws 1973, ch. 206, § 1; 1981, ch. 101, § 1; 1991, ch. 206, § 1.

Cross references. —

As to power of cities and towns to enforce obedience of ordinances with fines and penalties, see § 15-1-103(a)(xli).

Sixth Amendment inapplicable. —

This section limits the jurisdiction of a police justice (now municipal judge) for violation of ordinances to a fine not to exceed $100.00 (now $750.00) or imprisonment for three (now six) months. Such penalties are for petty offenses, and consequently the Sixth Amendment, U.S. Const., has no application. Shafsky v. City of Casper, 487 P.2d 468, 1971 Wyo. LEXIS 236 (Wyo. 1971).

Section not determinative of city's authority to pass ordinances. —

This section relates to the jurisdiction of the police justice (now municipal judge) and is not determinative of the authority which a city has to pass ordinances. Smith v. City of Casper, 419 P.2d 704, 1966 Wyo. LEXIS 175 (Wyo. 1966).

Authority for imprisonment must be sought elsewhere than in this section. Brown v. Jarvis, 36 Wyo. 406, 256 P. 336, 1927 Wyo. LEXIS 47 (Wyo. 1927).

Quoted in

State ex rel. Hoke v. Owens, 733 P.2d 240, 1987 Wyo. LEXIS 396 (Wyo. 1987).

Cited in

District of Columbia v. Clawans, 300 U.S. 617, 57 S. Ct. 660, 81 L. Ed. 843, 1937 U.S. LEXIS 84 (1937).

§ 5-6-202. Powers and duties of municipal judge generally; court to open every day except Sunday.

1. 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.
2. 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.

History. Laws 1895, ch. 80, § 72; R.S. 1899, § 1658; C.S. 1910, § 1752; C.S. 1920, § 1903; Laws 1925, ch. 6, § 1; R.S. 1931, § 22-403; C.S. 1945, § 29-251; W.S. 1957, § 5-124; Laws 1981, ch. 101, § 1; 2011, ch. 129, § 101.

The 2011 amendment, effective July 1, 2011, in (b), added the present last sentence.

§ 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.

History. Laws 1895, ch. 80, § 73; R.S. 1899, § 1659; Laws 1907, ch. 71, § 17; C.S. 1910, § 1753; C.S. 1920, § 1904; R.S. 1931, § 22-404; C.S. 1945, § 29-252; W.S. 1957, § 5-125; Laws 2004, ch. 42, § 1.

Cross references. —

As to appeals in connection with municipal courts, see § 5-6-106 .

The 2004 amendment substituted “municipal court” for “police justice” and “justice,” and “circuit courts” for “court of justices of the peace,” and made stylistic changes

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Defendant in criminal case can appeal under § 5-6-107 , irrespective of provisions for appeal from a police justice in this section and irrespective of other appeal provisions contained in § 5-6-106 .Badley v. City of Sheridan, 440 P.2d 516, 1968 Wyo. LEXIS 171 (Wyo. 1968).

Appellant must file transcript of proceeding. —

On an appeal from a municipal court to the district court, the duty is on the appellant to see to it that a transcript of the police justice proceeding is filed in the district court. City of Casper v. Benaris, 74 Wyo. 58, 283 P.2d 1026, 1955 Wyo. LEXIS 16 (Wyo. 1955).

Quoted in

City of Casper v. Wagner, 74 Wyo. 115, 284 P.2d 409, 1955 Wyo. LEXIS 21 (1955); Stroup v. City of Sheridan, 392 P.2d 517, 1964 Wyo. LEXIS 100 (Wyo. 1964).

Stated in

Cisneros v. City of Casper, 479 P.2d 198, 1971 Wyo. LEXIS 190 (Wyo. 1971).

§ 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 .

History. Laws 1895, ch. 80, § 75; R.S. 1899, § 1661; Laws 1907, ch. 71, § 18; C.S. 1910, § 1754; C.S. 1920, § 1905; R.S. 1931, § 22-405; C.S. 1945, § 29-253; W.S. 1957, § 5-126; Laws 1981, ch. 101, § 1; 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2015, ch. 24, § 1; 2017, ch. 105, § 1.

The 2010 amendment, effective July 1, 2010, substituted “W.S. 5-6-108 (a)(i)” for “W.S. 5-6-108 ”; and added the present last sentence.

The 2017 amendment , effective July 1, 2017, substituted “up to ten dollars ($10.00) of the fee” for “up to one half (1/2) of the fee” in the third sentence.

Excessive fees. —

City ordinance exacting $1.00 fee for each automobile transported in motor caravan and $2.00 fee for 12-hour parking privilege was excessive and void. Western Auto Transps. v. Cheyenne, 57 Wyo. 351, 118 P.2d 761, 1941 Wyo. LEXIS 36 (Wyo. 1941).

§ 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.

History. Laws 1895, ch. 80, § 76; R.S. 1899, § 1662; C.S. 1910, § 1775; C.S. 1920, § 1906; R.S. 1931, § 22-406; C.S. 1945, § 29-254; W.S. 1957, § 5-127; Laws 1981, ch. 101, § 1.

§ 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.

History. Laws 1895, ch. 80, § 79; R.S. 1899, § 1664; C.S. 1910, § 1757; C.S. 1920, § 1908; R.S. 1931, § 22-408; C.S. 1945, § 29-256; W.S. 1957, § 5-129.

§ 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.

History. Laws 1895, ch. 80, § 80; R.S. 1899, § 1665; Laws 1907, ch. 71, § 19; C.S. 1910, § 1758; C.S. 1920, § 1909; R.S. 1931, § 22-409; C.S. 1945, § 29-257; W.S. 1957, § 5-130; Laws 2004, ch. 42, § 1.

The 2004 amendment substituted “municipal court” for “police court,” “court” for “police justice,” and “circuit courts” for “justices of the peace,” and made stylistic changes.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Section unconstitutional. —

This section, which unconditionally denies the right to a jury trial in all cases involving violations of city ordinances without regard to the potential sentences, is unconstitutional. Brenner v. City of Casper, 723 P.2d 558, 1986 Wyo. LEXIS 594 (Wyo. 1986).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Stated in

Cisneros v. City of Casper, 479 P.2d 198, 1971 Wyo. LEXIS 190 (Wyo. 1971).

Cited in

District of Columbia v. Clawans, 300 U.S. 617, 57 S. Ct. 660, 81 L. Ed. 843, 1937 U.S. LEXIS 84 (1937); Shafsky v. City of Casper, 487 P.2d 468, 1971 Wyo. LEXIS 236 (Wyo. 1971).

Law reviews. —

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

§ 5-6-208. Assessment of punishment.

1. If the defendant is found guilty, the  municipal judge shall declare and assess punishment and render judgment  accordingly.
2. Repealed by Laws 1988, ch. 11, § 2.

History. Laws 1895, ch. 80, § 81; R.S. 1899, § 1666; C.S. 1910, § 1759; C.S. 1920, § 1910; R.S. 1931, § 22-410; C.S. 1945, § 29-258; W.S. 1957, § 5-131; Laws 1981, ch. 101, § 1; 1988, ch. 11, § 2.

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

§ 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.

History. Laws 1895, ch. 80, § 84; R.S. 1899, § 1669; C.S. 1910, § 1760; C.S. 1920, § 1911; R.S. 1931, § 22-411; C.S. 1945, § 29-259; W.S. 1957, § 5-132.

Cross references. —

As to continuances generally, see §§ 1-9-101 and 1-9-102 .

§ 5-6-210. Punishment regulated by ordinance; maximum fine and imprisonment.

1. 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.
2. 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).

History. Laws 1895, ch. 80, § 86; R.S. 1899, § 1671; Laws 1907, ch. 71, § 20; C.S. 1910, § 1761; C.S. 1920, § 1912; R.S. 1931, § 22-412; C.S. 1945, § 29-260; W.S. 1957, § 5-133; Laws 1981, ch. 101, § 1; 1991, ch. 206, § 1.

Cross references. —

As to power of cities and towns to enforce obedience of ordinances with fines and penalties, see § 15-1-103(a)(xli).

Section relates to punishment and not to city's authority to pass ordinances. Smith v. City of Casper, 419 P.2d 704, 1966 Wyo. LEXIS 175 (Wyo. 1966).

Both fine and imprisonment not authorized. —

See Smith v. City of Casper, 419 P.2d 704, 1966 Wyo. LEXIS 175 (Wyo. 1966).

Judge has no authority to set aside ordinance providing for punishment of offenders. Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Cited in

Brown v. Jarvis, 36 Wyo. 406, 256 P. 336, 1927 Wyo. LEXIS 47 (1927).

§ 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.

History. Laws 1895, ch. 80, § 87; R.S. 1899, § 1672; C.S. 1910, § 1768; C.S. 1920, § 1919; R.S. 1931, § 22-419; C.S. 1945, § 29-261; W.S. 1957, § 5-134; Laws 1995, ch. 122, § 2.

Indigent persons. —

Former § 5-6-211 and former §§ 6-1-108 (now repealed) and 7-11-504 are unconstitutional as applied to an indigent person who lacks the means to pay a fine; however, imprisonment is not precluded as an enforcement method when alternative means are unsuccessful despite the defendants reasonable efforts to satisfy the fines by those means. Whiteplume v. City of Riverton, Civ. No. C81-068K (D. Wyo. 1981).

Cited in

Brown v. Jarvis, 36 Wyo. 406, 256 P. 336, 1927 Wyo. LEXIS 47 (1927).

§ 5-6-301. Punishment of persons convicted before judge; maximum penalty permitted; power to punish for contempt.

1. 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.
2. 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.
3. 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).

History. Laws 1886, ch. 106, § 49; R.S. 1887, § 493; R.S. 1899, § 1570; C.S. 1910, § 1602; C.S. 1920, § 1772; R.S. 1931, § 22-1445; C.S. 1945, § 29-448; W.S. 1957, § 5-135; Laws 1981, ch. 101, § 1; 1991, ch. 206, § 1; 1996, ch. 75, § 1; 2010, ch. 69, § 201; 2011, ch. 129, § 101.

Cross references. —

As to power of justices of the peace to punish for contempt, see §§ 1-21-901 through 1-21-909 .

The 2010 amendment, effective July 1, 2010, in (b), substituted “district court” for “justice of the peace.”

The 2011 amendment, effective July 1, 2011, in (b), added the second sentence.

Quoted in

State ex rel. Hoke v. Owens, 733 P.2d 240, 1987 Wyo. LEXIS 396 (Wyo. 1987).

§ 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.

History. Laws 1886, ch. 106, § 50; R.S. 1887, § 494; R.S. 1899, § 1571; C.S. 1910, § 1603; C.S. 1920, § 1773; R.S. 1931, § 22-1446; C.S. 1945, § 29-449; W.S. 1957, § 5-136; Laws 2004, ch. 42, § 1.

Cross references. —

As to appeals in connection with municipal courts, see § 5-6-106 .

The 2004 amendment substituted “a municipal court” for “such police justice,” and “circuit courts” for “justices' courts.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

Defendant is entitled to jury trial when he has appealed to the district court from a judgment in the police court. State ex rel. Suchta v. District Court, 74 Wyo. 48, 283 P.2d 1023, 1955 Wyo. LEXIS 15 (1955).

As case is on same footing as state criminal cases. —

By the term “criminal cases” is meant cases in violation of the laws of the state. When a case of violation of an ordinance reaches the district court on appeal, the violation of such ordinance is considered to be on the same footing as a crime under the criminal laws of the state and must, under this section, be tried in the same manner. Trials under the criminal law of this state are jury trials not only when the case originates in the district court, but also when it originates in a justice court and is then appealed, for on the appeal the trial is de novo. State ex rel. Suchta v. District Court, 74 Wyo. 48, 283 P.2d 1023, 1955 Wyo. LEXIS 15 (1955).

Quoted in

Lapp v. City of Worland, 612 P.2d 868, 1980 Wyo. LEXIS 283 (Wyo. 1980).

Stated in

Cisneros v. City of Casper, 479 P.2d 198, 1971 Wyo. LEXIS 190 (Wyo. 1971).

Law reviews. —

For case note, “Criminal Procedure — When Should a Jury Trial Be Required in the Wyoming Municipal Courts? City of Casper v. Cheatham, 739 P.2d 1222, 1987 Wyo. LEXIS 471 (Wyo. 1987),” see XXV Land & Water L. Rev. 611 (1990).

§ 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 .

History. Laws 1886, ch. 106, § 51; R.S. 1887, § 495; R.S. 1899, § 1572; C.S. 1910, § 1604; C.S. 1920, § 1775; R.S. 1931, § 22-1448; C.S. 1945, § 29-450; W.S. 1957, § 5-137; Laws 2000, ch. 25, § 2; 2010, ch. 109, § 2; 2015, ch. 24, § 1; 2017, ch. 105, § 1.

The 2010 amendment, effective July 1, 2010, substituted “W.S. 5-6-108 (a)(i)” for “W.S. 5-6-108 ”; and added the present last sentence.

The 2015 amendment, effective July 1, 2015, inserted “up to one-half (1/2) 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” following “ W.S. 5-6-108(a)(i)” in the former next-to-last sentence.

The 2017 amendment , effective July 1, 2017, substituted “up to ten dollars ($10.00) of the fee” for “up to one half (1/2) of the fee” in the second sentence.

§ 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.

History. Laws 1888, ch. 43, § 16; R.S. 1899, § 1583; C.S. 1910, § 1615; C.S. 1920, § 1778; R.S. 1931, § 22-1451; C.S. 1945, § 29-454; W.S. 1957, § 5-138.

§ 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.

History. Laws 1886, ch. 60, § 19; R.S. 1887, § 2355; R.S. 1899, § 3438; C.S. 1910, § 4281; C.S. 1920, § 5550; R.S. 1931, § 89-210; C.S. 1945, § 3-210; W.S. 1957, § 5-139.

Witness is sworn by court where clerk administers oath. —

Under this section and § 1-2-103 , providing for administering of oaths, an averment, in an information charging perjury, that the accused was in due form of law sworn by the court, having competent authority to administer to him the oath of a witness before the court, is supported by the proof that the oath was administered to him by the clerk. Fletcher v. State, 20 Wyo. 284, 123 P. 80, 1912 Wyo. LEXIS 35 (Wyo. 1912).

Judge may not proscribe filing of legal papers. —

Notwithstanding any legal rights which a judge may have to control his clerk, the supreme court cannot approve his proscribing the filing of legal papers. Linde v. Bentley, 482 P.2d 121, 1971 Wyo. LEXIS 202 (Wyo. 1971).

Refusal of trial judge to amend the record will not be disturbed on appeal, where the refusal is based on judge's personal recollection. State ex rel. Conway v. Blake, 5 Wyo. 107, 38 P. 354, 1894 Wyo. LEXIS 27 (Wyo. 1894).

Law reviews. —

For case note, “Constitutional Law — Due Process — Replevin — Right to Notice and Hearing Prior to Deprivation of Property. Fuentes v. Shevin, 407 U.S. 67, 32 L. Ed. 2d 556, 92 S. Ct. 1983, 1972 U.S. LEXIS 42 (1972),” see VIII Land & Water L. Rev. 315 (1973).

Am. Jur. 2d, ALR and C.J.S. references. —

Applicability of judicial immunity to acts of clerk of court under state law, 34 ALR4th 1186.

§ 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.

History. Laws 1886, ch. 60, § 13; R.S. 1887, § 2349; R.S. 1899, § 3432; C.S. 1910, § 4275; C.S. 1920, § 5544; R.S. 1931, § 89-204; C.S. 1945, § 3-204; W.S. 1957, § 5-140.

Law reviews. —

For case note, “Constitutional Law — Due Process — Replevin — Right to Notice and Hearing Prior to Deprivation of Property. Fuentes v. Shevin, 407 U.S. 67, 32 L. Ed. 2d 556, 92 S. Ct. 1983, 1972 U.S. LEXIS 42 (1972),” see VIII Land & Water L. Rev. 315 (1973).

§ 5-7-103. Filing, preserving and use of papers; microfilming 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 microfilming papers in his office, disposing of the originals in accordance with W.S. 9-2-411 and retaining the official microfilm in lieu of the original papers pursuant to W.S. 9-2-413 .

History. Laws 1886, ch. 60, § 14; R.S. 1887, § 2349; R.S. 1899, § 3433; Laws 1903, ch. 24, § 1; C.S. 1910, § 4276; C.S. 1920, § 5545; R.S. 1931, § 89-205; C.S. 1945, § 3-205; W.S. 1957, § 5-141; Laws 1973, ch. 86, § 2.

§ 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.

History. Laws 1886, ch. 60, § 15; R.S. 1887, § 2351; R.S. 1899, § 3434; C.S. 1910, § 4277; C.S. 1920, § 5546; R.S. 1931, § 89-206; C.S. 1945, § 3-206; W.S. 1957, § 5-142.

§ 5-7-105. Clerk to record proceedings of court.

The clerk shall record the proceedings of the court.

History. Laws 1886, ch. 60, § 16; R.S. 1887, § 2352; R.S. 1899, § 3435; C.S. 1910, § 4278; C.S. 1920, § 5547; R.S. 1931, § 89-207; C.S. 1945, § 3-207; W.S. 1957, § 5-143; 2019, ch. 24, § 1.

Cross references. —

For duty of clerks of court to furnish transcript of proceedings, containing the court's judgment or final order in, upon request, see § 1-1-107 .

As to entry of judgment or order by clerk of court, see Rule 58, W.R.C.P.

The 2019 amendment, effective July 1, 2019, substituted "record the proceedings of" for "keep the journals, records, books and papers appertaining to", added a period after "court" and deleted "and record its proceedings.".

Petition need not plead entry of decree by clerk. —

A contention that petition is fatally defective for failure to plead entry of divorce decree is without merit. When the decree is rendered, it becomes the mandatory duty of the clerk of the district court to properly enter it in the journal of the court under this section and § 1-16-301 , and this is presumed to have been rightly done, thus making it unnecessary to allege and show affirmatively the entry of the decree. Edelman v. Edelman, 65 Wyo. 271, 199 P.2d 840, 1949 Wyo. LEXIS 21 (Wyo. 1949).

The refusal of a trial court to correct record on affidavits of a defendant and his attorney will not be disturbed on appeal, where refusal is based on positive recollection of the judge as to what transpired at the trial. State ex rel. Conway v. Blake, 5 Wyo. 107, 38 P. 354, 1894 Wyo. LEXIS 27 (Wyo. 1894).

Cited in

Hahn v. Citizens State Bank, 25 Wyo. 467, 171 P. 889, 172 P. 705, 1918 Wyo. LEXIS 9 (1918).

Law reviews. —

For article “Administration of the General Property Tax in Wyoming,” see 4 Wyo. L.J. 227.

§ 5-7-106. Record of orders out of court. [Repealed]

History. Laws 1886, ch. 60, § 17; R.S. 1887, § 2353; R.S. 1899, § 3436; C.S. 1910, § 4279; C.S. 1920, § 5548; R.S. 1931, § 89-208; C.S. 1945, § 3-208; W.S. 1957, § 5-144; Repealed by Laws 2019, ch. 24, § 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.

History. Laws 1886, ch. 60, § 18; R.S. 1887, § 2354; R.S. 1899, § 3437; C.S. 1910, § 4280; C.S. 1920, § 5549; R.S. 1931, § 89-209; C.S. 1945, § 3-209; W.S. 1957, § 5-145.

Cross references. —

As to duties of clerks of district court, see § 5-3-201 et seq.

§ 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.

History. Laws 1997, ch. 199, § 1.

§ 5-8-102. Jurisdiction.

1. The juvenile court has general jurisdiction  in all matters and proceedings commenced therein or transferred to  it by order of the district court concerning:
   1. Any minor alleged to be delinquent as  defined in W.S. 14-6-201 ;
   2. Any minor alleged to have committed a  delinquent act before attaining the age of majority;
   3. Any minor alleged to be neglected as defined  in W.S. 14-3-402 ;
   4. Any minor alleged to be in need of supervision  as defined in W.S. 14-6-402 ;
   5. 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; and
   6. Procedures governing abortions performed  upon minors as provided under W.S. 35-6-118 . For proceedings under this paragraph, “minor” shall  mean as defined in W.S. 35-6-101(a)(x).

History. Laws 1997, ch. 199, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Jurisdiction properly invoked.—

Juvenile court’s jurisdiction was properly invoked because the State filed a petition while the child was a minor alleging that the mother had neglected her. RH v. State (In the Interest of BG), 2019 WY 116, 451 P.3d 1161, 2019 Wyo. LEXIS 116 (Wyo. 2019).

§ 5-9-101. Definitions; construction of provisions.

1. As used in this act unless the context  otherwise requires:
   1. “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;
   2. “Misdemeanor” means a criminal offense  which is not a felony.
2. 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.

History. Laws 1971, ch. 261, § 1; W.S. 1957, § 5-114.3; Laws 1979, ch. 144, § 1; 1992, ch. 25, § 3; W.S. 1977, § 5-5-101 ; Laws 2000, ch. 24, § 3.

Cited in

Jessen v. Burry, 13 P.3d 1118, 2000 Wyo. LEXIS 227 (Wyo. 2000); MTM v. LD, 2002 WY 26, 41 P.3d 522, 2002 Wyo. LEXIS 17 (Wyo. 2002).

§ 5-9-102. Circuit court established; funding.

1. 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.
2. 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.

History. Laws 2000, ch. 24, § 1.

Editor's notes. —

Laws 2000, ch. 24, § 6, provides: “A county having a justice of the peace court on August 1, 1999 which continuously maintained the court on and after that date until the effective date of this act [July 1, 2000], shall continue to have that court on and after the effective date of this act. The county shall continue to pay all costs, expenses and salaries for the court as it did on August 1, 1999. Except as provided in W.S. 5-9-119 , a county which continues to have a justice of the peace court on and after the effective date of this act shall not receive the services of the circuit court established under W.S. 5-9-102 . On and after the effective date of this act, the board of county commissioners of the county by resolution may abolish the justice of the peace court in that county effective at the conclusion of the term of office of the then presiding justice of the peace. Upon the conclusion of the term of office of the then presiding justice of the peace, the county immediately and for all lawful purposes shall receive the services of the circuit court for the circuit within which the county lies.”

Constitutionality. —

Former § 5-5-103, which allowed legislature to deny full funding for county courts in counties having a population of less than 30,000 did not, on its face, violate the state constitution as special legislation. Board of County Comm'rs v. Geringer, 941 P.2d 742, 1997 Wyo. LEXIS 95 (Wyo. 1997).

Former 5-5-103 allowing the legislature to deny full funding for county courts in counties having populations of less than 30,000 violated the constitutional mandate for equal protection of the laws where there had been disparate treatment of counties having populations of less than 30,000. Board of County Comm'rs v. Geringer, 941 P.2d 742, 1997 Wyo. LEXIS 95 (Wyo. 1997).

§ 5-9-103. Number and location of judges.

1. The legislature shall from time to time  authorize the number and location of circuit court judges.
2. The supreme court may, based on caseload  studies, determine where within a circuit the circuit court judge  shall reside.

History. Laws 1971, ch. 261, § 4; W.S. 1957, § 5-114.6; Laws 1978, ch. 45, § 1; 1979, ch. 144, § 1; 1981, ch. 141, § 1; W.S. 1977, § 5-5-104 ; Laws 2000, ch. 24, § 3; 2009, ch. 4, § 1.

The 2009 amendment, redesignated the existing provision as (a); and added (b).

Laws 2009, ch. 4, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article art. 4, § 8, of the Wyo. Const. Approved February 17, 2009.

§ 5-9-104. Justice of peace courts supplanted and replaced. [Repealed]

History. Laws 1971, ch. 261, § 5; W.S. 1957, § 5-114.7; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-105 ; Laws 2000, ch. 24, § 3; Repealed by Laws 2018, ch. 108, § 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.

History. Laws 1971, ch. 261, § 6; W.S. 1957, § 5-114.8; Laws 1979, ch. 144, § 1; 1981, ch. 141, § 1; W.S. 1977, § 5-5-106 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to power of cities and towns to enforce obedience of ordinances with fines and penalties, see § 15-1-103(a)(xli).

§ 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.

History. Laws 1971, ch. 261, § 7; W.S. 1957, § 5-114.9; Laws 1981, ch. 141, § 1; 1991, ch. 240, § 1; W.S. 1977, § 5-5-107 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit.”

§ 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.

History. Laws 1971, ch. 261, § 8; W.S. 1957, § 5-114.10; Laws 1979, ch. 144, § 1; 1987, ch. 199, § 1; W.S. 1977, § 5-5-108 ; Laws 2000, ch. 24, § 3.

Applied in

State v. Faltynowicz, 660 P.2d 368, 1983 Wyo. LEXIS 295 (Wyo. 1983).

§ 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.

History. Laws 1971, ch. 261, § 9; W.S. 1957, § 5-114.11; Laws 1979, ch. 144, § 1; 1981, ch. 141, § 1; W.S. 1977, § 5-5-109 ; Laws 2000, ch. 24, § 3.

Stated in

Best v. Best, 2015 WY 133, 2015 Wyo. LEXIS 150 (Sept. 30, 2015).

§ 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.

History. Laws 1971, ch. 261, § 10; W.S. 1957, § 5-114.12; Laws 1978, ch. 45, § 1; W.S. 1977, § 5-5-110 ; Laws 2000, ch. 24, § 3.

Cross references. —

For similar provisions in Election Code, see §§ 22-2-105 and 22-2-107 .

Editor's notes. —

Laws 2000, ch. 24, § 11, provides: “The county clerks shall not accept a filing for retention in the office of county court judge nor conduct an election for retention in the office of county court judge in the general election first occurring after the effective date of this act, or any elections thereafter.”

Applied in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 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.

History. Laws 1971, ch. 261, § 11; W.S. 1957, § 5-114.13; Laws 1978, ch. 45, § 1; W.S. 1977, § 5-5-111 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to primary elections, see §§ 22-5-203 through 22-5-205 .

As to nomination of nonpartisan candidates, see §§ 22-5-216 to 22-5-219 .

As to filling of vacancies in nomination, see §§ 22-5-401 to 22-5-403 .

As to nonpartisan primary and election ballots, see § 22-6-123 et seq.

Applied in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

Law reviews. —

For article, “Judicial Merit Retention in Wyoming: An Analysis and Some Suggestions for Reform,” see XV Land & Water L. Rev. 567 (1980).

For article, “Ousting the Judge: Campaign Politics in the 1984 Wyoming Judicial Retention Elections,” see XXIV Land & Water L. Rev. 371 (1989).

§ 5-9-111. Qualifications for appointment.

1. To be eligible for appointment to the  office of judge of a circuit court, a person shall be:
   1. A qualified elector of the state; and
   2. Authorized to practice law in Wyoming.

History. Laws 1971, ch. 261, § 12; W.S. 1957, § 5-114.14; Laws 1978, ch. 45, § 1; 1979, ch. 144, § 1; 1981, ch. 141, §§ 1, 2; W.S. 1977, § 5-5-112 ; Laws 2000, ch. 24, § 3.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 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.

History. Laws 1971, ch. 261, § 15; W.S. 1957, § 5-114.17; Laws 1978, ch. 45, § 1; W.S. 1977, § 5-5-115 ; Laws 2000, ch. 24, § 3.

Cross references. —

For other provisions as to filling vacancies, see §§ 22-18-101 through 22-18-112 .

Cited in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 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.

History. Laws 1971, ch. 261, § 16; W.S. 1957, § 5-114.18; W.S. 1977, § 5-5-116 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 17; W.S. 1957, § 5-114.19; W.S. 1977, § 5-5-117 ; Laws 2000, ch. 24, § 3.

§ 5-9-115. [Repealed.]

Repealed by Laws 2011, ch. 57, § 1.

Editor's Notes. —

This section, which derived from Laws 1971, ch. 261, § 18, related to bond for circuit court judge.

Laws 2011, ch. 57, § 2, makes the act effective July 1, 2011.

§ 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.

History. Laws 1971, ch. 261, § 19; W.S. 1957, § 5-114.21; Laws 1977, ch. 154, § 1; 1978, ch. 45, § 1; 1981, ch. 141, § 1; 1985, ch. 218, § 1; 1990, ch. 45, § 1; W.S. 1977, § 5-5-119 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to travel expenses of county officers generally, see §§ 18-3-110 .

Judge not prevented from receiving salary increase. —

It is only public officers in elective public office and public officers appointed to fill vacancies in elective public offices that are prohibited by art. 3, § 32, Wyo. Const., from receiving an increase or decrease in salary during their term. Since a county judge is not an elected public official, nor is he appointed to an elective public office, he is not prevented from receiving the salary increase granted by the enactment of this section. County Court Judges Ass'n v. Sidi, 752 P.2d 960, 1988 Wyo. LEXIS 193 (Wyo. 1988).

And past due salaries payable. —

Article 3, § 35, Wyo. Const. does not make ineffective a peremptory writ of mandamus directing payment of the amount of past due salaries to county court judges on the ground that the legislature failed to appropriate funds for payment of these salaries, as constitutionally required. This section is effective to appropriate funds for payment. County Court Judges Ass'n v. Sidi, 752 P.2d 960, 1988 Wyo. LEXIS 193 (Wyo. 1988).

§ 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.

History. Laws 1971, ch. 261, § 20; W.S. 1957, § 5-114.22; W.S. 1977, § 5-5-120 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

§ 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.

History. Laws 1971, ch. 261, § 21; W.S. 1957, § 5-114.23; W.S. 1977, § 5-5-121 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to district court commissioners generally, see § 5-3-301 et seq.

Law reviews. —

For article, “Conflicts of Interest in Wyoming,” see XXXV Land & Water L. Rev. 79 (2000).

§ 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.

1. 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 .
2. 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.
3. There shall be no change of venue for  civil actions triable in circuit court.
4. 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.

History. Laws 1971, ch. 261, § 22; W.S. 1957, § 5-114.24; Laws 1979, ch. 144, § 1; 1981, ch. 141, § 1; 1995, ch. 44, § 1; W.S. 1977, § 5-5-122 ; Laws 2000, ch. 24, § 3; 2008, ch. 27, § 1; 2011, ch. 11, § 1.

The 2008 amendment deleted “for justices of the peace and” following “may hold court for each other and” in the first sentence of (a).

Laws 2008, ch. 27, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 4, 2008.

The 2011 amendment, effective July 1, 2011, added (d).

Editor's notes. —

Laws 2000, ch. 24, § 6, provides: “A county having a justice of the peace court on August 1, 1999 which continuously maintained the court on and after that date until the effective date of this act [July 1, 2000], shall continue to have that court on and after the effective date of this act. The county shall continue to pay all costs, expenses and salaries for the court as it did on August 1, 1999. Except as provided in W.S. 5-9-119 , a county which continues to have a justice of the peace court on and after the effective date of this act shall not receive the services of the circuit court established under W.S. 5-9-102 . On and after the effective date of this act, the board of county commissioners of the county by resolution may abolish the justice of the peace court in that county effective at the conclusion of the term of office of the then presiding justice of the peace. Upon the conclusion of the term of office of the then presiding justice of the peace, the county immediately and for all lawful purposes shall receive the services of the circuit court for the circuit within which the county lies.”

Am. Jur. 2d, ALR and C.J.S. references. —

Disqualification of judge as affecting validity of decision in which other nondisqualified judges participated, 29 ALR5th 722.

Disqualification of judge based on property ownership interest in litigation which consists of more than mere ownership of stock — state cases, 56 ALR5th 783.

Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case, 85 ALR5th 471.

Disqualification of judge for having decided different case against litigant — State cases, 85 ALR5th 547.

Laws governing judicial recusal or disqualification in state proceeding as violating federal or state constitution, 91 ALR5th 437.

Disqualification of judge under 28 USC § 455(b)(5)(iii), where judge or his or her spouse, or certain of their relatives, is known to have an interest that could be affected by the proceeding, 54 ALR Fed 855.

§ 5-9-120. Judicial robe.

While holding court, judges of a circuit court shall wear a black judicial robe.

History. Laws 1971, ch. 261, § 23; W.S. 1957, § 5-114.25; Laws 1981, ch. 141, § 1; W.S. 1977, § 5-5-123 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 24; W.S. 1957, § 5-114.26; W.S. 1977, § 5-5-124 ; Laws 2000, ch. 24, § 3.

§ 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 .

History. Laws 1971, ch. 261, § 25; W.S. 1957, § 5-114.27; Laws 1979, ch. 144, § 1; 1980, ch. 49, § 2; 1981, ch. 141, § 1; 1985, ch. 59, § 1; W.S. 1977, § 5-5-125 ; Laws 2000, ch. 24, § 3; 2017, ch. 16, § 2.

The 2017 amendment , effective July 1, 2017, added the last sentence.

§ 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.

History. Laws 1971, ch. 261, § 26; W.S. 1957, § 5-114.28; W.S. 1977, § 5-5-126 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 27; W.S. 1957, § 5-114.29; Laws 1981, ch. 141, § 1; W.S. 1977, § 5-5-127 ; Laws 2000, ch. 24, § 3.

§ 5-9-125. Court continuously in session.

The circuit court shall be continuously in session.

History. Laws 1971, ch. 261, § 28; W.S. 1957, § 5-114.30; W.S. 1977, § 5-5-128 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 29; W.S. 1957, § 5-114.31; W.S. 1977, § 5-5-129 ; Laws 2000, ch. 24, § 3.

§ 5-9-127. Process extends throughout state.

The process of a circuit court shall extend throughout the state.

History. Laws 1971, ch. 261, § 30; W.S. 1957, § 5-114.32; Laws 1985, ch. 10, § 1; W.S. 1977, § 5-5-130 ; Laws 2000, ch. 24, § 3.

§ 5-9-128. Civil jurisdiction.

1. Each circuit court has exclusive original  civil jurisdiction within the boundaries of the state for:
   1. An action where the prayer for recovery  is an amount not exceeding fifty thousand dollars ($50,000.00), exclusive  of court costs;
   2. 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 ;
   3. 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;
   4. Actions for small claims as provided by W.S. 1-21-201 through 1-21-205 ;
   5. Actions for forcible entry or detainer  as provided by W.S. 1-21-1001 through 1-21-1016 ;
   6. 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:
      1. Construction liens as provided by W.S. 29-2-101 through 29-2-113 ;
      2. Liens for labor and materials as provided  by W.S. 29-4-101 and 29-4-102 ;
      3. 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
      4. Liens for taxes as provided by W.S. 39-15-108(d) and 39-16-108(d).
   7. Actions to dispose of an abandoned vehicle  as provided by W.S. 31-13-112(e), regardless of the value of the abandoned vehicle.
2. 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 .
3. 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 .
4. The provisions of W.S. 5-1-107 pertaining to the exercise of personal jurisdiction apply  in the circuit courts.
5. 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.

History. Laws 1971, ch. 261, § 31; W.S. 1957, § 5-114.33; Laws 1979, ch. 144, § 1; 1980, ch. 26, § 1; 1981, Sp. Sess., ch. 17, § 2; 1985, ch. 10 § 1; ch. 12, §§ 1, 2; 1987, ch. 198, § 2; 1989, ch. 256, § 2; 1996, ch. 12, § 1; 1998, ch. 5, § 2; W.S. 1977, § 5-5-131 ; Laws 2000, ch. 24, § 3; 2001, ch. 40, § 1; 2010, ch. 92, § 2; 2011, ch. 176 § 1; ch. 196, § 1; 2016, ch. 39, § 2.

The 2010 amendment, effective July 1, 2011, in (a)(vi)(C), substituted “through 29-7-301 ” for “through 29-7-202 .”

The 2011 amendments. — The first 2011 amendment, by ch. 176, § 1, substituted “29-2-113” for “29-2-109” in (a)(vi)(A).

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

The second 2011 amendment, by ch. 196, § 1, effective July 1, 2011, in (a)(i) through (a)(iii) and in the introductory language of (a)(vi), substituted “fifty thousand dollars ($50,000.00)” for “seven thousand dollars ($7,000.00).”

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2016 amendment, effective July 1, 2016, added (e).

Suit against nonresident.—

District court had subject matter jurisdiction to consider an action seeking judgment on a promissory note where the fact that the note was made in another state or was secured by collateral located in another state had no impact on such jurisdiction, and although the note originally was secured by a second deed of trust in Idaho property, that deed of trust had been extinguished by foreclosure and was not part of the seller’s Wyoming case against the purchasers, thus, title to real estate would not be effected. Woodie v. Whitesell, 2019 WY 115, 451 P.3d 1152, 2019 Wyo. LEXIS 117 (Wyo. 2019).

Suit for under $50,000. —

Circuit court had jurisdiction independent of the declaratory relief sought, because the amount of relief sought was less than $50,000, and thus, it had jurisdiction to decide the declaratory judgment claim. Best v. Best, 2015 WY 133, 357 P.3d 1149, 2015 Wyo. LEXIS 150 (Wyo. 2015).

Sum claimed will control unless it appears that it is not made in good faith. Joslyn v. Professional Realty, 622 P.2d 1369, 1981 Wyo. LEXIS 282 (Wyo. 1981).

No aggregation of class action claims. —

In a class action lawsuit, the claim of each and every plaintiff, whether named or unnamed, must meet the minimum jurisdictional limit, and aggregation of claims for that purpose is not permitted. Mutual of Omaha Ins. Co. v. Blury-Losolla, 952 P.2d 1117, 1998 Wyo. LEXIS 8 (Wyo. 1998), reh'g denied, 1998 Wyo. LEXIS 21 (Wyo. Feb. 17, 1998).

Proof required to determine lack of good faith in amount claimed. —

To determine that there is a lack of good faith in the amount claimed, it must appear to a legal certainty that the claim is really for less than the jurisdictional limit. Joslyn v. Professional Realty, 622 P.2d 1369, 1981 Wyo. LEXIS 282 (Wyo. 1981).

Forcible entry and detainer. —

The $ 7,000.00 monetary jurisdictional limit that is set forth with respect to county courts applies only in those subparagraphs articulating jurisdiction in which the legislature specifically reiterated the amount; thus, the county court had jurisdiction in a forcible entry and detainer action in which the amount of rent due exceeded $ 7,000.00. Jessen v. Burry, 13 P.3d 1118, 2000 Wyo. LEXIS 227 (Wyo. 2000) (decided under prior law).

Suit for collection of back child support was properly within the jurisdiction of the district court, even though the amount claimed was less than $7,000, where the plaintiff requested the court to grant her specific performance of all the terms in a separation agreement and her complaint raised issues of child custody under § 20-5-104.Daulton v. Daulton, 774 P.2d 635, 1989 Wyo. LEXIS 131 (Wyo. 1989).

Suit against nonresident. —

Circuit court had subject matter jurisdiction over insurer's suit seeking to recover damages from nonresidents of Wyoming, not exceeding $7,000, arising from alleged negligent operation of a motor vehicle because circuit courts' subject matter jurisdiction was governed by Wyo. Stat. Ann. § 5-9-128 , as the granting in Wyo. Stat. Ann. § 1-6-301(c) of jurisdiction to district court of the county in which a cause of action arose or district court of the county in which plaintiff resided addressed venue rather than subject matter jurisdiction. State Farm Mut. Auto. Ins. Co. v. Kunz, 2008 WY 71, 186 P.3d 378, 2008 Wyo. LEXIS 73 (Wyo. 2008).

Suit by hospital against personal representative of estate to recover $2,133.87, following the rejection of its claim, was in the exclusive jurisdiction of the county court, as provided in this section, and not within the probate jurisdiction of the district court, pursuant to § 2-2-101 .Ivinson Memorial Hosp. v. Swindler, 828 P.2d 1190, 1992 Wyo. LEXIS 41 (Wyo. 1992).

Cited in

Merrill v. Jansma, 2004 WY 26, 86 P.3d 270, 2004 Wyo. LEXIS 32 (2004);; Elec. Wholesale Supply Co. v. Fraser, 2015 WY 105, 2015 Wyo. LEXIS 121 (Aug. 14, 2015).

Granite Springs Retreat Ass'n v. Manning, 2006 WY 60, 133 P.3d 1005, 2006 Wyo. LEXIS 59 (Wyo. May 12, 2006).

Law reviews. —

For comment, “How to Enforce a Money Judgment in Wyoming,” see XX Land & Water L. Rev. 645 (1985).

§ 5-9-129. Criminal jurisdiction.

Circuit courts have original jurisdiction in all misdemeanor criminal cases.

History. Laws 1971, ch. 261, § 33; W.S. 1957, § 5-114.35; Laws 1979, ch. 144, § 1; 1989, ch. 39, § 1; W.S. 1977, § 5-5-133 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to jurisdiction of violations of city or town ordinances, see § 5-9-105 .

Subject matter jurisdiction determined from the face of the charging documents. —

Where the charging documents alleged that offense was defendant's third family violence offense, making the offense a felony and bringing into play the enhancement provision of Wyo. Stat. Ann. § 6-2-501(f)(ii), applying the rule that subject matter jurisdiction is determined from the face of the charging documents, the district court had subject matter jurisdiction over the felony offense because the charging documents alleged elements constituting a felony. Messer v. State, 2004 WY 98, 96 P.3d 12, 2004 Wyo. LEXIS 123 (Wyo. 2004).

Applied in

Balderson v. State, 2013 WY 107, 309 P.3d 809, 2013 Wyo. LEXIS 112 (Sept 17, 2013).

Cited in

Tilley v. State, 912 P.2d 1140, 1996 Wyo. LEXIS 42 (Wyo. 1996); Circuit Court of the Eighth Judicial Dist. v. Lee Newspapers, 2014 WY 101, 2014 Wyo. LEXIS 117 , 2014 WL 3908002 (Aug 12, 2014).

§ 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.

History. Laws 2000, ch. 24, § 1.

§ 5-9-131. Assignment to district court judge.

1. 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:
   1. Rules promulgated by the supreme court;  and
   2. Acceptance of the judge to whom the assignment  of the case or proceeding is to be made.
2. The law and rules governing circuit court  and appeals therefrom shall apply to a case or proceeding assigned  pursuant to this section.

History. Laws 2000, ch. 24, § 1.

§ 5-9-132. Authority to set bail; preliminary examinations.

1. 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.
2. Preliminary examinations for persons charged  with a felony shall be conducted by the circuit court judge or magistrate.
3. Preliminary examinations of persons charged  with a misdemeanor shall not be conducted for a determination of probable  cause.

History. Laws 1971, ch. 261, § 34; W.S. 1957, § 5-114.36; Laws 1979, ch. 144, § 1; 1980, ch. 71, § 1; 1991, ch. 27, § 1; W.S. 1977, § 5-5-134 ; Laws 2000, ch. 24, § 3.

Subject matter jurisdiction determined from the face of the charging documents. —

Where the charging documents alleged that offense was defendant's third family violence offense, making the offense a felony and bringing into play the enhancement provision of Wyo. Stat. Ann. § 6-2-501(f)(ii), applying the rule that subject matter jurisdiction is determined from the face of the charging documents, the district court had subject matter jurisdiction over the felony offense because the charging documents alleged elements constituting a felony. Messer v. State, 2004 WY 98, 96 P.3d 12, 2004 Wyo. LEXIS 123 (Wyo. 2004).

Cited in

Circuit Court of the Eighth Judicial Dist. v. Lee Newspapers, 2014 WY 101, 2014 Wyo. LEXIS 117 , 2014 WL 3908002 (Aug 12, 2014).

Quoted in

Yellowbear v. State, 2008 WY 4, 174 P.3d 1270, 2008 Wyo. LEXIS 5 (Jan. 14, 2008).

§ 5-9-133. Powers generally.

1. A circuit court may:
   1. 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;
   2. Compel obedience to its judgments, orders,  and processes;
   3. 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;
   4. Issue warrants, including search warrants,  summonses, subpoenas or other process in civil and criminal cases;
   5. Administer oaths and affirmations and  take bail, acknowledgments, affidavits, and depositions;
   6. Amend and control its process and orders  to make them conformable to law and justice;
   7. Proceed to trial, render judgment, and  grant writs of execution to carry into effect any order or judgment  of the court;
   8. Perform marriage ceremonies.

History. Laws 1971, ch. 261, § 35; W.S. 1957, § 5-114.37; Laws 1979, ch. 144, § 1; 1983, ch. 13, § 1; W.S. 1977, § 5-5-135 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to solemnization of marriages, see § 20-1-106 .

As to acknowledgment of deeds and mortgages, and form thereof, see §§ 34-1-113 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

For article, Sean Michael Larson, “Land And Water Law Division: Article: Warranting Legislative Action: The Search For Wyoming Court Authority To Issue Extraterritorial Search Warrants For Electronically Stored Information”, see 16 Wyo. L. Rev. 199 (2016).

§ 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.

History. Laws 1971, ch. 261, § 36; W.S. 1957, § 5-114.38; Laws 1989, ch. 116, § 1; W.S. 1977, § 5-5-136 ; Laws 2000, ch. 24, § 3; 2003, ch. 140, § 1; 2009, ch. 145, § 2.

The 2009 amendment, effective July 1, 2009, in the second sentence, substituted “court supervised treatment program” for “drug court” and substituted “three (3) years” for “two (2) years.”

§ 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 .

History. Laws 1971, ch. 261, § 37; W.S. 1957, § 5-114.39; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-137 ; Laws 2000, ch. 24, § 3; ch. 25, § 2; 2004, ch. 130, § 1; 2010, ch. 109, § 2; 2017, ch. 105, § 1; 2020, ch. 66, § 1.

The 2004 amendment substituted “W.S. 5-9-144 ” for “W.S. 5-5-152 .”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2010 amendment, effective July 1, 2010, inserted “and an indigent civil legal services fee of ten dollars ($10.00)”; inserted “and the indigent civil legal services fee shall be deposited into the indigent civil legal services account”; and made a related change.

The 2017 amendment , effective July 1, 2017, substituted “a court automation fee of twenty-five dollars ($25.00)” for “a court automation fee of ten dollars ($10.00)” in the first sentence.

The 2020 amendment, effective July 1, 2020, substituted “forty dollars ($40.00)” for “twenty-five dollars ($25.00).”

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 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.

History. Laws 1971, ch. 261, § 39; W.S. 1957, § 5-114.41; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-139 ; Laws 2000, ch. 24, § 3.

Cross references. —

As to waiver of right to jury trial in criminal proceeding, see Rule 23, W.R. Cr. P.

Am. Jur. 2d, ALR and C.J.S. references. —

Jury trial rights in, and on appeal from, small claims court proceeding, 70 ALR4th 1119.

§ 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 .

History. Laws 1971, ch. 261, § 40; W.S. 1957, § 5-114.42; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-140 ; Laws 2000, ch. 24, § 3.

§ 5-9-138. Abstract of judgment; lien of judgment on real estate; lien on real estate in another county.

1. 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.
2. 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.
3. 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.

History. Laws 1971, ch. 261, § 41; W.S. 1957, § 5-114.43; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-141 ; Laws 2000, ch. 24, § 3; 2001, ch. 69, § 1.

Am. Jur. 2d, ALR and C.J.S. references. —

Judgment lien or levy of execution on one joint tenant's share or interest as severing joint tenancy, 51 ALR4th 906.

§ 5-9-139. Reporting of proceedings; preservation thereof.

1. 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.
2. 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.

History. Laws 1971, ch. 261, § 44; W.S. 1957, § 5-114.46; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-144 ; Laws 2000, ch. 24, § 3; 2004, ch. 25, § 1.

The 2004 amendment, effective July 1, 2004, in (b) substituted “twelve (12)” for “twenty-four (24).”

Extension of filing period following expiration not permitted. —

There can be no extension of a period which has already elapsed or terminated, and a valid order extending the time in which to file can only be made prior to the time allowed by a previous order of the court. Elliott v. State, 626 P.2d 1044, 1981 Wyo. LEXIS 326 (Wyo. 1981).

§ 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.

History. Laws 1971, ch. 261, § 45; W.S. 1957, § 5-114.47; Laws 1979, ch. 144, § 1; W.S. 1977, § 5-5-145 ; Laws 2000, ch. 24, § 3; 2008, ch. 20, § 2.

The 2008 amendment, effective July 1, 2008, substituted “notarial officer” for “notary public or judicial officer” near the end.

§ 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.

History. Laws 1971, ch. 261, § 46; W.S. 1957, § 5-114.48; Laws 1978, ch. 45, § 1; W.S. 1977, § 5-5-146 ; Laws 2000, ch. 24, § 3.

Am. Jur. 2d, ALR and C.J.S. references. —

Appeal by state of order granting new trial in criminal case, 95 ALR3d 596.

§ 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.

History. Laws 1971, ch. 261, § 47; W.S. 1957, § 5-114.49; W.S. 1977, § 5-5-147 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 48; W.S. 1957, § 5-114.50; W.S. 1977, § 5-5-148 ; Laws 2000, ch. 24, § 3.

§ 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).

History. Laws 1971, ch. 261, § 52; W.S. 1957, § 5-114.54; Laws 1981, ch. 141, § 1; 1991, ch. 240, § 1; 1998, ch. 94, § 1; W.S. 1977, § 5-5-152 ; Laws 2000, ch. 24, § 3; ch. 25, § 2; 2005, ch. 33, § 1; 2010, ch. 109, § 2; 2018, ch. 117, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit” or a variant.

The 2010 amendment, effective July 1, 2010, added the present last sentence.

The 2018 amendment, effective July 1, 2018, added the last sentence.

§ 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.

History. Laws 1971, ch. 261, § 53; W.S. 1957, § 5-114.55; 1998, ch. 94, § 1; W.S. 1977, § 5-5-153 ; Laws 2000, ch. 24, § 3.

§ 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.

History. Laws 1971, ch. 261, § 54; W.S. 1957, § 5-114.56; Laws 1981, ch. 141, § 1; W.S. 1977, § 5-5-154 ; Laws 2000, ch. 24, § 3; ch. 25, § 2.

§ 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.

History. Laws 1971, ch. 261, § 55; W.S. 1957, § 5-114.57; Laws 1991, ch. 240, § 1; W.S. 1977, § 5-5-155 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit.”

§ 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.

History. Laws 1971, ch. 261, § 56; W.S. 1957, § 5-114.58; Laws 1991, ch. 240, § 1; W.S. 1977, § 5-5-156 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit.”

§ 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).

History. Laws 1971, ch. 261, § 57; W.S. 1957, § 5-114.59; Laws 1986, ch. 110, § 1; 1991, ch. 240, § 1; W.S. 1977, § 5-5-157 ; Laws 2000, ch. 24, § 3; 2004, ch. 62, § 1; 2005, ch. 33, § 1; ch. 231, § 1; 2017, ch. 98, § 1; 2019, ch. 107, § 1.

The 2004 amendment inserted “may” following “9-4-817(a) which.”

Laws 2004, ch. 62, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2004.

The 2005 amendments. —

The first 2005 amendment, by ch. 33, § 1, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit” or a variant throughout.

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, substituted “created by W.S. 1-40-114(a)” for “within the earmarked revenue fund” at the end.

See the conflicting legislation note. This section is set out incorporating amendments made by both 2005 acts.

The 2017 amendment , substituted “authorized by W.S. 9-4-803(a)” for “listed in W.S. 9-4-817(a)” in the third sentence.

Laws 2017, ch. 98, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 2, 2017.

The 2019 amendment, deleted the second sentence which read: "Money received as fines, forfeitures or court costs may not be deposited in the same bank account as money received in civil matters."

Laws 2019, ch. 107 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved February 26, 2019.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 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.

History. Laws 1971, ch. 261, § 58; W.S. 1957, § 5-114.60; Laws 1980, ch. 49, § 2; W.S. 1977, § 5-5-158 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, which formerly provided that accounts would be examined in accordance with W.S. 16-4-122 and 16-4-123 .

§ 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.

History. Laws 1971, ch. 261, § 59; W.S. 1957, § 5-114.61; Laws 1991, ch. 240, § 1; W.S. 1977, § 5-5-159 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, which formerly required that each circuit court submit annual accounts to the director of the state department of audit under regulations prescribed by the director.

§ 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.

1. 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.
2. Repealed by Laws 2011, ch. 57, § 1.

History. Laws 1971, ch. 261, § 60; W.S. 1957, § 5-114.62; Laws 1981, Sp. Sess., ch. 22, § 1; 1991, ch. 240, § 1; W.S. 1977, § 5-5-160 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1; 2011, ch. 57, § 1.

The 2005 amendment, effective July 1, 2005, substituted “Wyoming supreme court” for “director of the state department of audit or his designee” in (a).

The 2011 amendment, effective July 1, 2011, repealed former (b), which read: “The official bond of a judge of a circuit court shall secure, and there shall be a liability thereon, for his failure to transmit such fines, forfeitures, or costs imposed by him.”

§ 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.

History. Laws 1971, ch. 261, § 61; W.S. 1957, § 5-114.63; Laws 1981, Sp. Sess., ch. 22, § 1; 1991, ch. 240, § 1; W.S. 1977, § 5-5-161 ; Laws 2000, ch. 24, § 3; 2005, ch. 33, § 1.

The 2005 amendment, effective July 1, 2005, substituted “state department of audit, Wyoming supreme court” for “director of the state department of audit.”

§ 5-9-154. Electronic submittal of fees, fines, bonds and penalties.

1. 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.
2. 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).
3. Any fees assessed for processing a credit  card payment shall be borne by the person tendering payment.

History. Laws 2011, ch. 175, § 1.

Effective date. —

Laws 2011, ch. 175, § 2, makes the act effective July 1, 2011.

§ 5-9-201. Qualifications for magistrates.

1. 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.
2. 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.

History. Laws 2001, ch. 164, § 1; 2006, ch. 7, § 1.

The 2006 amendment, effective July 1, 2006, added designation (a), and within (a), inserted “full-time” and added the section reference; and added (b).

Cited in

MTM v. LD, 2002 WY 26, 41 P.3d 522, 2002 Wyo. LEXIS 17 (Wyo. 2002).

§ 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.

History. Laws 2001, ch. 164, § 1.

§ 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.

History. Laws 2001, ch. 164, § 1.

Cross references. —

As to constitutional oath of office, see art. 6, §§ 20 and 21, Wyo. Const.

Cited in

Neely v. Wyo. Comm'n on Judicial Conduct & Ethics, 2017 WY 25, 390 P.3d 728, 2017 Wyo. LEXIS 26 (Wyo. 2017).

§ 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.

History. Laws 2001, ch. 164, § 1.

§ 5-9-205. [Repealed.]

Repealed by Laws 2011, ch. 57, § 1.

Editor's Notes. —

This section, which derived from Laws 2001, ch. 164, § 1, related to bond for circuit court magistrate.

Laws 2011, ch. 57, § 2, makes the act effective July 1, 2011.

§ 5-9-206. Full-time magistrates; selection.

1. 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 .
2. 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 .
3. 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 .

History. Laws 2001, ch. 164, § 1; 2013, ch. 126, § 1.

The 2013 amendment , effective July 1, 2013, made a stylistic change in (a); added “Upon determination by the supreme court after consultation with the appropriate board of county commissioners, that a full-time magistrate is necessary,” “a full-time,” and “full-time” and made stylistic change in (b); and added (c).

§ 5-9-207. Full-time magistrates; term of office; retention; removal.

1. 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.
2. 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.

History. Laws 2001, ch. 164, § 1; 2013, ch. 126, § 1.

The 2013 amendment , effective July 1, 2013, added “full-time” in (a) and (b).

§ 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.

1. 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 .
2. 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 .
3. 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:
   1. Administer an oath or affirmation authorized  or required by law to be administered;
   2. Take acknowledgment of deeds, mortgages  and other instruments in writing;
   3. Perform marriage ceremonies;
   4. 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;
   5. Try the action for forcible entry and  detainer, as set forth in W.S. 1-21-1001 through 1-21-1016 ;
   6. Proceed against sureties for costs and  amount of bail, on the stay of execution on their dockets;
   7. Issue attachments, executions and garnishments,  and proceed against the goods and effects of debtors in certain cases,  as provided by law;
   8. Issue executions on judgments rendered  by them;
   9. Try the right of the claimant to property  taken in execution, garnishment or on attachment;
   10. Try all civil actions where the amount  in controversy, exclusive of costs, does not exceed five thousand  dollars ($5,000.00);
   11. 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;
   12. 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;
   13. Enter the following judgments, when the  amount does not exceed the magistrate’s jurisdiction:
       1. Judgment by default;
       2. Summary judgment;
       3. Judgment on the pleadings;
       4. Judgment on the confession of a party;
       5. Set aside default judgments; and
       6. Issue any order a circuit judge can enter  in chambers.
   14. 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;
   15. 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;
   16. 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;
   17. In accordance with the Wyoming Rules of  Criminal Procedure, conduct extradition proceedings, initial appearances  and preliminary examinations for persons charged with felonies;
   18. 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;
   19. Correct an illegal sentence imposed in  a criminal case or reduce a sentence at any time;
   20. Preserve and enforce order in his immediate  presence and in the proceedings before him; and
   21. Hear and issue orders in peace bond, stalking  and domestic violence cases under Wyoming statutes, title 7, chapter  3 and title 35, chapter 21.

History. Laws 2001, ch. 164, § 1; 2002 Sp. Sess., ch. 17, § 2; 2005, ch. 189, § 1; 2009, ch. 39, § 1.

The 2005 amendment, effective July 1, 2005, substituted “five thousand dollars ($5,000.00)” for “three thousand dollars ($3,000.00)” in (c)(x).

The 2009 amendment, effective July 1, 2009, rewrote (c)(xviii) to expand the sentencing authority of full-time magistrates who are not authorized to practice law in the state as specified; added (c)(xxi); and made related changes.

§ 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.

History. Laws 2001, ch. 164, § 1.

§ 5-9-210. Part-time magistrates; selection.

1. 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.
2. 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 .

History. Laws 2001, ch. 164, § 1.

§ 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.

History. Laws 2001, ch. 164, § 1.

§ 5-9-212. Part-time magistrates; powers.

1. 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:
   1. Administer an oath or affirmation authorized  or required by law to be administered;
   2. Take acknowledgment of deeds, mortgages  and other instruments in writing;
   3. Perform marriage ceremonies;
   4. 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;
   5. Try the action for forcible entry and  detainer, as set forth in W.S. 1-21-1001 through 1-21-1016 ;
   6. Proceed against sureties for costs and  amount of bail, on the stay of execution on their dockets;
   7. Enter the following judgments, when the  amount does not exceed the magistrate’s jurisdiction:
      1. Judgment by default;
      2. Summary judgment;
      3. Judgment on the pleadings;
      4. Judgment on the confession of a party;
      5. Set aside default judgments; and
      6. Issue any order a circuit judge can enter  in chambers.
   8. 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;
   9. 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;
   10. 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;
   11. In accordance with the Wyoming Rules of  Criminal Procedure, conduct extradition proceedings, initial appearances  and preliminary examinations for persons charged with felonies;
   12. Preserve and enforce order in his immediate  presence and in the proceedings before him;
   13. Hear and issue orders in peace bond, stalking  and domestic violence cases under Wyoming Statutes title 7, chapter  20 and title 35, chapter 21;
   14. Conduct small claims trials;
   15. 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.
2. 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 .

History. Laws 2001, ch. 164, § 1; 2002 Sp. Sess., ch. 17, § 2; 2009, ch. 169, § 1.

The 2009 amendment substituted “chapter 20” for “chapter 3” in (a)(xiii).

Laws 2009, ch. 169, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2009.

Cited in

Neely v. Wyo. Comm'n on Judicial Conduct & Ethics, 2017 WY 25, 390 P.3d 728, 2017 Wyo. LEXIS 26 (Wyo. 2017).

§ 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.

History. Laws 2001, ch. 164, § 1.

§ 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).

History. Laws 2002, Sp. Sess., ch. 17, § 1.

§ 5-10-101. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to purpose and goals of local drug court programs.

§ 5-10-102. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to drug court account.

§ 5-10-103. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to drug court panel.

§ 5-10-104. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to local drug court management committee.

§ 5-10-105. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to drug court grants.

§ 5-10-106. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to local drug court funding eligibility.

§ 5-10-107. [Repealed.]

Repealed by Laws 2009, ch. 145, § 3.

Editor's notes. —

This section, which derived from Laws 2001, ch. 150, § 1, related to conditions for admission to a drug court program.

§ 5-11-101. Wyoming court security commission created; membership; powers and duties; compensation; report required.

1. 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:
   1. One (1) justice of the Wyoming supreme  court, appointed by the chief justice;
   2. One (1) district court judge, appointed  by the board of judicial policy and administration;
   3. One (1) circuit court judge, appointed  by the board of judicial policy and administration;
   4. One (1) county commissioner, appointed  by the governor;
   5. One (1) county sheriff, appointed by the  governor;
   6. One (1) representative of the Wyoming  peace officer’s standards and training commission, appointed by the  governor;
   7. Two (2) legislators, one (1) from each  house, appointed by the speaker of the house and president of the  senate respectively;
   8. One (1) district attorney or county attorney,  appointed by the governor.
2. 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.
3. 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 .
4. The commission shall meet at least two  (2) times per year.
5. The commission shall:
   1. 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:
      1. Requirements concerning equipment, facilities  and architecture for court security purposes;
      2. Basic training requirements for peace  officers authorized to act as court security officers;
      3. Basic protocol and procedures for court  security; and
      4. Requirements for the establishment of  local court security management committees.
   2. Visit and inspect any court security program  at any appropriate time;
   3. 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;
   4. 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.
6. The supreme court shall provide necessary  administrative support for the commission.

History. Laws 2008, ch. 114, § 1; 2010, ch. 82, § 1.

The 2010 amendment, made a stylistic change.

Laws 2010, ch. 82, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2010.

Effective dates. —

Laws 2008, ch. 114, § 1, makes the act effective July 1, 2008.

§ 5-12-101. Court supervised treatment.

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 W.S. 7-13-1601 through 7-13-1615 .

History. Laws 2009, ch. 145, § 1.

§ 5-12-102. Rules.

The Wyoming supreme court may promulgate rules of practice for the participation of judges in court supervised treatment programs.

History. Laws 2009, ch. 145, § 1.

§ 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.

History. Laws 2009, ch. 145, § 1.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-102. Chancery court fund account created; purposes.

1. 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.
2. 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.

History. Laws 2019, ch. 200, § 1; 2020, ch. 54, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

The 2020 amendment, in (a) substituted “The chancery court account” for “The account” in the second sentence and made other stylistic changes.

Laws 2020, ch. 54, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2020.

§ 5-13-103. Number of judges; location of chambers; concurrent jurisdiction.

1. 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.
2. All chancery court judges in the state shall have concurrent jurisdiction throughout the state as provided in W.S. 5-13-115(d).

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

1. 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:
   1. The filing of an action with the chancery court;
   2. The removal of an existing case from another court to the chancery court;
   3. The removal, by the non–filing party, of a case filed with the chancery court to another court;
   4. Trial without a jury;
   5. The ordering of mediation;
   6. Referrals to a special master;
   7. The streamlined and expeditious completion of discovery.
2. The Wyoming supreme court shall establish fees and charges for the chancery court, provided:
   1. The fees and charges are established to, as nearly as practicable, fund the operation of the chancery court; and
   2. 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.
3. 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.
4. 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.
5. 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.
6. Opinions of the chancery court shall be published by the clerk of the chancery court in a searchable electronic database.
7. 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.
8. 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 filing of the action.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-108. Qualifications for appointment.

1. To be eligible for appointment to the office of judge of the chancery court, a person shall be:
   1. A qualified elector of the state;
   2. Authorized to practice law in Wyoming; and
   3. Experienced or knowledgeable in the subject matter jurisdiction of the chancery court.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-109. Temporary assignment to fill vacancies; appointments to fill vacancies in office. [Effective until July 1, 2021]

1. 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:
   1. A retired supreme court justice;
   2. A retired district court judge; or
   3. 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.
2. Beginning March 1, 2022, the office of judge of the chancery court and any vacancies therein shall be filled as provided by W.S. 5-13-107 .

History. Laws 2019, ch. 200, § 1; 2020, ch. 54, § 1; 2021, ch. 6, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

The 2020 amendment, in (a)(ii) substituted “judge” for “justice”; and in (a)(iii) substituted “a chancery court judge on an ad hoc basis” for “chancery court judge on ad hoc basis.”

Laws 2020, ch. 54, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2020.

The 2021 amendment, effective July 1, 2021, substituted "2023" for "2022" in (b).

§ 5-13-109. Temporary assignment to fill vacancies; appointments to fill vacancies in office. [Effective July 1, 2021]

1. 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:
   1. A retired supreme court justice;
   2. A retired district court judge; or
   3. 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.
2. Beginning March 1, 2023, the office of judge of the chancery court and any vacancies therein shall be filled as provided by W.S. 5-13-107 .

History. Laws 2019, ch. 200, § 1; 2020, ch. 54, § 1; 2021, ch. 6, § 1.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-114. Process extends throughout state.

The process of the chancery court shall extend throughout the state.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-115. Purpose and jurisdiction.

1. 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.
2. 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:
   1. Breach of contract;
   2. Breach of fiduciary duty;
   3. Fraud;
   4. Misrepresentation;
   5. A statutory or common law violation involving:
      1. The sale of assets or securities;
      2. A corporate restructuring;
      3. A partnership, shareholder, joint venture or other business agreement;
      4. Trade secrets; or
      5. Employment agreements not including claims that principally involve alleged discriminatory practices.
   6. Transactions governed by the Uniform Commercial Code;
   7. Shareholder derivative actions. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
   8. Commercial class actions;
   9. Business transactions involving or arising out of dealings with commercial banks and other financial institutions;
   10. A dispute concerning the internal affairs of business organizations;
   11. A dispute concerning environmental insurance coverage;
   12. A dispute concerning commercial insurance coverage;
   13. 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;
   14. Transactions governed by the Wyoming Uniform Trust Code;
   15. 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;
   16. 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.
3. 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.
4. 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.
5. 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 .
6. A chancery judge may order mediation in any matter pending in chancery court.

History. Laws 2019, ch. 200, § 1; 2020, ch. 54, § 1; ch. 87, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

The 2020 amendments. —

The first 2020 amendment, by ch. 54, § 1, in (b)(vii) and (b)(xiii) substituted “threshold set forth in this subsection” for “threshold in subsection (b) of this section” or similar language and “actions” for “action”; added (b)(xvi) and made a related change; in (c) substituted “may exercise supplemental” for “shall have no supplemental” and added “at the discretion of the chancery court” at the end; and in (d) added “and to the causes of action for which the chancery court exercises supplemental ancillary jurisdiction under subsection (c) of this section” at the end.

Laws 2020, ch. 54, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2020.

The second 2020 amendment, by ch. 87, § 1, effective July 1, 2020, redesignated the second former (b)(xii) as present (b)(xiii).

Neither amendment gave effect to the other, and the section is set out above as it appears in Laws 2020, ch. 87, § 1.

§ 5-13-116. Powers generally.

1. In exercising the jurisdiction granted under W.S. 5-13-115 , the chancery court may:
   1. 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;
   2. Compel obedience to its judgments, orders and processes;
   3. 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;
   4. Issue summonses, subpoenas or other process in chancery court cases;
   5. Administer oaths and affirmations and take acknowledgments, affidavits and depositions;
   6. Amend and control its process and orders to make them conformable to law and justice;
   7. Proceed to nonjury trial, render judgment and grant writs of execution to carry into effect any order or judgment of the court; and
   8. Punish for contempt in the same manner as district court.

History. Laws 2019, ch. 200, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 5-13-201. Office created; salary; deputies.

1. 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.
2. 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.

History. Laws 2019, ch. 200, § 1.

Effective dates. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

§ 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 .

History. Laws 2019, ch. 200, § 1; 2020, ch. 66, § 1.

Effective date. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.

The 2020 amendment, effective July 1, 2020, substituted “one hundred dollars ($100.00)” for “twenty-five dollars ($25.00).”

§ 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.

History. Laws 2019, ch. 200, § 1.

Effective dates. —

Laws 2019, ch. 200 § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 15, 2019.