Judicial Branch FAQs

The Wyoming Supreme Court is the highest level of court in the state and its decisions on issues of state law are final.  It hears appeals from district court decisions and petitions for extraordinary relief from lower court decisions.

The district courts hear felony criminal cases, civil cases where more than $50,000 is sought, juvenile matters and probate matters.  They also hear appeals from lower court decisions.  The work of the district courts includes trials in the most serious cases.  There are 23 district judges, organized into nine judicial districts.

There are circuit courts in all 23 counties within the nine judicial districts.  Circuit courts hear all misdemeanor criminal cases and civil cases where less than $50,000 is sought.  Circuit courts also hear family violence, stalking, and forcible entry and detainer cases.  The circuit courts may set bail for people accused of crimes, and conduct preliminary hearings in felony cases.

On March 15, 2019, Governor Gordon signed into law an act of the 2019 Wyoming legislature creating a Chancery Court, whose purpose is to provide a forum for streamlined resolution of commercial, business, and trust cases. The act establishes a court with jurisdiction to decide actions seeking declaratory or injunctive relief and actions seeking money recovery over $50,000 that arise from claims including breach of contract, breach of fiduciary duty, fraud, derivative actions, the Uniform Commercial Code, and the Uniform Trust Code. The Wyoming Supreme Court adopted final rules for the Chancery Court on September 21, 2021.

Municipal courts operate in some incorporated cities and towns. Municipal Courts are not state courts and only have jurisdiction over issues involving municipality’s ordinances. A municipal court judge may assess penalties of up to $750 and/or six months in jail. Decisions in Municipal Courts may be appealed to the District Courts. Municipal court judges are generally appointed by the mayor with the consent of the municipal council. The municipality sets their terms. Most municipal judges are part-time positions and many are lawyers.

Sources

• Wyoming Judicial Branch, About the Courts

Supreme Court justices, district judges, circuit judges and chancery court judges are chosen through a merit selection process.  The Judicial Nominating Commission screens and interviews applicants for each judicial vacancy.  Then it recommends three qualified candidates to the Governor.  The Governor chooses one person from those three candidates to fill the vacancy.  Both attorneys and non-attorneys serve on the seven-member Judicial Nominating Commission.

Sources

• Const. art. V, § 4.
• Wyoming Judicial Branch, Judicial Nominating Commission
• Rules of the Judicial Nominating Commission of the State of Wyoming
• John M. Burman, Ethically Speaking “The Ethics of Requiring Retirement at Age 70 for Some Judges in Wyoming” Wyo. Lawyer., October 2009, at 44, 45.

After having been selected by the Governor to serve as a justice/judge as described in FAQ #2, Wyoming law requires justices/judges to periodically appear on the general election ballot and stand for retention by a vote of Wyoming citizens. Judicial retention elections are non-partisan.  This means that a justice/judge does not run “against” anyone and is not allowed to campaign unless there is active opposition to his or her retention in office.  Retention elections are intended to focus on the professional competency of Wyoming’s justices/judges rather than the popularity of individual decisions.  In a retention election, voters decide whether a justice/judge should be retained or removed from office.  If a justice/judge receives a majority of “yes” votes, he or she serves another full term.  If a justice/judge receives a majority of “no” votes, he or she is removed from office at the end of the year.

Sources

• Const. art. V, § 4(h) (“[I]f a majority of those voting on the question vote negatively to any judicial candidacy, a vacancy will thereby be created in that office at the end of its existing term.”).
• Const. art. V, § 4(g) (“The electorate of the whole state shall vote on the question of retention or rejection of justices of the supreme court, and any other statewide court; the electorate of the several judicial districts shall vote on the question of retention or rejection of judges of their respective districts, and the electorate of such other subdivisions of the state as shall be prescribed by law shall vote on the question of retention or rejection of any other judges to which these provisions may be extended.”).
• Stat. Ann. § 5-9-109 (Circuit judges “shall, at such general election, stand for retention in office throughout the circuit as provided in article 5, section 4, of the Wyoming Constitution.”).
• Wyoming Code of Judicial Conduct, Rule 4.2(B) (“A judge who is a candidate for retention in office shall abstain from any campaign activity in connection with the judge’s own candidacy unless there is active opposition to his or her retention in office.”).

In 1972, Wyoming voters approved an amendment to the Wyoming Constitution adopting a merit-based system for selecting and retaining justices/judges. After having been selected to serve as a justice/judge as described in FAQ #2, each justice/judge must periodically appear on the general election ballot (stand for retention).  By requiring justices/judges to periodically stand for retention, the law gives Wyoming voters a say in whether the justices/judges the Governor selected should remain in office.  This merit-based system avoids problems that arise when elected justices/judges make promises to, and raise money from, people and attorneys who appear before them.

Source

• Ronda K. Munger, “Judicial Retention Elections,” Wyo. Lawyer., February 2004, at 20, 21.

When any of us appear in court, we deserve to be treated with respect, listened to, and dealt with fairly by the justice/judge.  We need a justice/judge who will understand our arguments, properly apply the law, and then explain his or her decision.  These fundamental tasks of justices/judges are reflected in qualities such as:

• Professional competence—extensive legal knowledge and experience, strong communication skills, and strong writing skills.
• Integrity—honest and ethical.
• Impartiality/Fairness—objective, open-minded, and fair.
• Diligence—performs judicial and administrative duties promptly and efficiently.
• Judicial Temperament—patient, dignified, and courteous to litigants, jurors, witnesses, attorneys, and court staff.
• Participation—participates in activities that promote ethical conduct among judges and attorneys, supports professionalism within the judiciary and the legal profession, and promotes access to justice for all.

That is why each justice/judge standing for retention should be evaluated against these criteria.  Prior to each general election the Wyoming State Bar surveys its members to assess justices’/judges’ performance under these criteria.  Results of the Judicial Performance Assessment can be found in the last three links at the bottom of this page.

Sources

• Wyoming Code of Judicial Conduct:
  • Rule 1.1 (Compliance with the Law)
  • Rule 1.2 (Promoting Confidence in the Judiciary)
  • Rule 2.2 (Impartiality and Fairness)
  • Rule 2.5 (Competence, Diligence, and Cooperation)
  • Rule 2.6 (Ensuring the Right to Be Heard)
  • Rule 2.8 (Decorum, Demeanor, and Communication with Jurors)

A justice/judge must not consider his or her personal views, politics, or public opinion when deciding a case.  Justices/judges must remain neutral and follow the rule of law.  They cannot comment on pending cases.  A justice/judge must disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned.

From time to time, efforts are made to unseat a justice/judge because of political or ideological disagreement with a particular decision.  These efforts may be aimed at influencing future decisions of other justices/judges.  These types of efforts to unseat a justice/judge diminish the neutrality and impartiality of our judiciary.

Sources

• Wyoming Code of Judicial Conduct:
  • Rule 2.2 (Impartiality and Fairness)
  • Rule 2.4 (External Influences on Judicial Conduct)
  • Rule 2.10 (Judicial Statements on Pending and Impending Cases)
  • Rule 2.11 (Disqualification)

Sometimes a higher court reverses a judge’s decision.  Reversal does not necessarily indicate the quality of a judge’s work.  Cases where a judge is reversed often involve a new or difficult legal question which has no easy answer.

The Wyoming State Bar surveys about the performance of justices/judges standing for retention to obtain feedback about justices’/judges’ performance and to learn whether attorneys think those justices/judges appearing on the ballot should remain in office.  Survey results do NOT compare or rank the justices’/judges’ performance.  Objective summaries and the anonymous survey results are available in the last three links at the bottom of this page.

• Wyoming Supreme Court Justices’ Biographical Information
• Wyoming District Courts
• Wyoming Circuit Courts

The Wyoming State Bar undertook its first judicial performance assessment in 1976 and has completed one each election year since. The goals and uses of the assessment conform to the American Bar Association (ABA) guidelines as well as to the practices of other Bar associations. Judicial performance assessments are used by Bar associations to provide feedback to judicial officials about their performance on the bench and to help the public make more informed judgments in judicial retention elections. Guidelines established by the ABA state that the primary goal of judicial evaluation is “… to improve the performance of individual judges and the judiciary as a whole.”

• Supreme court justice—8 years
• District court & Chancery court judge—6 years
• Circuit court judge—4 years

Wyoming law requires all supreme court justices and district court judges to retire at age 70.  Depending on how old a justice or district court judge is when selected by the Governor, he/she may stand for retention multiple times prior to retirement.  Circuit court judges are not required to retire when they reach the age of 70 and likely will appear on the retention ballot multiple times prior to retirement.

Sources

• Const. art. V, § 4(f) (“The terms of supreme court justices shall be eight years and the terms of district court judges shall be six years.”).
• Stat. Ann. § 5-9-109 (“The terms of circuit court judges shall be four (4) years.”).
• Stat. Ann. § 5-1-106 (a) (mandatory retirement for supreme court justices and district court judges).
• Stat.  Ann § 5-13-106 (“The terms of chancery court judges shall be six (6) years.”).
• John M. Burman, Ethically Speaking “The Ethics of Requiring Retirement at Age 70 for Some Judges in Wyoming“, Wyo. Lawyer., October 2009, at 44, 45.

• If a party in a case believes the court made an error, the party may appeal to a higher court.

• If citizens disagree with a court’s interpretation of Wyoming law, they may petition the legislature to amend the law.

• If citizens disagree with a court’s interpretation of the Wyoming Constitution, they have ultimate power to amend the constitution.

• If a person thinks a justice/judge has behaved unethically, the person may file a complaint with the Wyoming Commission on Judicial Conduct and Ethics.

Source

• Wyoming Commission on Judicial Conduct and Ethics