Chapter 2 - Supreme Court
CHAPTER 2 - SUPREME COURT
ARTICLE 1 - IN GENERAL
5-2-101. Regular terms.
Thereshall be held at the capital of the state two (2) regular terms of the supremecourt in each year, one (1) commencing on the first Monday of April, and one(1) commencing on the first Monday of October.
5-2-102. Number of justices; chief justice; head of judicial system.
Thesupreme court of Wyoming shall consist of five (5) justices. The justices shallchoose one (1) of their number to serve as chief justice, who shall serve atthe pleasure of a majority of the court. The supreme court is the head of thestate judicial system, and the chief justice is the chief administrator of theduties prescribed by law to be performed by the court.
5-2-103. Special terms.
Inaddition to the regular terms of the supreme court, as fixed by law, special termsof said court may be held for the transaction of all business, when ordered bya majority of the justices of said court.
5-2-104. One day notice of special term; order.
Aspecial 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 justicesof the court ordering said special term, and specifying the time and place ofholding the same; and upon the receipt of said order, the clerk of said courtshall immediately notify the bailiff and all officials of said court, and suchmembers of the court as shall not have signed the order, of the contents ofsuch order, and such order shall be spread at large upon the journal of thecourt on the record of the proceedings of the first day of said special term.
5-2-105. Transaction of business at special term; not to interferewith regular term.
Atany special term of the supreme court it shall be lawful to transact allbusiness that can be transacted by the court at a regular term thereof, but nocause, action or proceeding shall be heard at such special term without theconsent of the parties thereto, unless the matter presented be an ex parteapplication, that may be granted without notice to the adverse party. Theordering or holding of a special term of said court shall in no wise interferewith any regular term or adjourned regular term thereof.
5-2-106. Quorum.
Amajority of the justices of the supreme court shall be necessary to constitutea quorum for the transaction of business. If there shall not be a quorum of thejustices present on the first day of any adjourned or regular term of thesupreme court, the court shall stand adjourned from day to day, until a quorumshall be present, and the said court may, there being a quorum present, adjournfrom time to time to any date deemed proper.
5-2-107. Causes may be matured to adjourned terms.
Itshall be lawful to mature causes to any adjourned term or terms of the supremecourt, the same as to the beginning of any term of the supreme court, and itshall be competent for the said court to hear and determine causes at any suchadjourned term or terms, the same as though heard and determined at any regularterm of the said court, and as though such causes were on the calendar ordocket at the commencement of any regular term thereof.
5-2-108. Process.
Allprocess issued out of the supreme court, shall bear teste in the name of thechief justice and shall be signed by the clerk of said court, sealed with itsseal, made returnable according to law, and the same shall be executed by theofficer or person to whom the same is directed.
5-2-109. Undisposed proceedings to stand continued.
Allmatters, suits and proceedings undisposed of at any term of the supreme court shallstand continued to the next succeeding regular or adjourned term thereof.
5-2-110. Opinions to be in writing and filed; dissenting opinion.
Theopinion 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 whenthe justices thereof are divided in opinion in any case, the fact of suchdivision shall be stated in the opinion and the dissenting justice may file hisopinion.
5-2-111. Seal.
Theseal of the supreme court shall be that of the state of Wyoming, substitutingthe words "Supreme Court of the State of Wyoming" around the vignetteof said seal.
5-2-112. Justices not to practice law.
Nojustice of the supreme court shall practice as an attorney in any of the courtsof this state, nor give advice touching any cause pending, or to be broughttherein.
5-2-113. Rules of practice for supreme court; effect of rules.
Itshall be the duty of the supreme court, from time to time, to prescribe rulesof practice for said court, not inconsistent with the constitution or laws ofthis state, and when said rules are adopted by said court, the same shall be asbinding upon the court, and the attorneys thereof, and the parties havingbusiness therein as though the same were enactments of the legislature of thestate.
5-2-114. Rules and forms governing pleading, practice and procedurein all courts; power to adopt, modify and repeal.
Thesupreme court of Wyoming may from time to time adopt, modify and repeal generalrules and forms governing pleading, practice and procedure, in all courts ofthis state, for the purpose of promoting the speedy and efficient determinationof litigation upon its merits.
5-2-115. Rules and forms governing pleading, practice and procedurein all courts; application of rules.
(a) Such rules may govern:
(i) The forms of process, writs, pleadings and motions and thesubjects of parties, depositions, discovery, trials, evidence, judgments, newtrials, provisional and final remedies and all other matters of pleading,practice and procedure; and
(ii) Any review of or other supervisory proceedings from thejudgment or decision of any court, board, officer, or commission when suchreview is authorized by law.
(b) Such rules shall neither abridge, enlarge nor modify thesubstantive rights of any person nor the jurisdiction of any of the courts norchange the provisions of any statute of limitations.
5-2-116. Rules and forms governing pleading, practice and procedurein all courts; rules to be entered in proceedings; effective date; notice.
Uponthe adoption of any rule or form the supreme court shall enter it in itsproceedings and shall fix the date upon which such rule or form shall becomeeffective but such effective date shall be at least sixty (60) days afternotice thereof has been published by the supreme court in such publication asit may designate. From and after the effective date of any such rule or formall laws in conflict therewith shall be of no further force or effect.
5-2-117. Rules and forms governing pleading, practice and procedurein all courts; appointment and duties of advisory committee.
Thesupreme court shall appoint an advisory committee to make recommendations fromtime to time with respect to pleading, practice and procedure. Such committeeshall hold hearings upon proposed rules in such manner and upon such notice asthe supreme court prescribes and report to the court from time to time suchrecommendations as it deems proper.
5-2-118. Adoption of rules and regulations relative to the practiceof law.
(a) The supreme court of Wyoming shall, from time to time,adopt and promulgate such rules and regulations as the court may see proper:
(i) Prescribing a code of ethics governing the professional conductof attorneys at law;
(ii) Organizing and governing a bar association of the attorneysat law of this state to act as an administrative agency of the supreme court ofWyoming for the purpose of enforcing such rules and regulations as areprescribed, adopted, and promulgated by the supreme court under this act[section], providing for the government of the state bar as a part of thejudicial department of the state government and for such divisions thereof asthe supreme court shall determine, and requiring all persons practicing law inthis state to be members thereof in good standing, and fixing the form of itsorganization and operation;
(iii) Establishing practice and procedure for disciplining,suspending, and disbarring attorneys at law, including suspending attorneys forfailure to pay child support as specified in W.S. 20-6-112.
5-2-119. Appeals from courts of limited jurisdiction.
Notwithstandingany other provision of law, any case in which original jurisdiction is in amunicipal court or a circuit court may be appealed to the district courts andthereafter to the Wyoming supreme court only if the supreme court grants a writof certiorari agreeing to hear the appeal. The Wyoming supreme court shalladopt procedures under which the court will grant or deny appeals to the courtin such cases and provide the standards and extent of review.
5-2-120. Judicial systems automation account created; purposes.
There is created an account entitled the "judicialsystems automation account." No funds shall be expended from the accountunless and until the legislature appropriates the funds. Funds within theaccount shall be used by the supreme court for the purchase, maintenance andoperation of computer hardware and software to enhance the communication,records and management needs of the courts of the judicial branch of the stateof Wyoming. Interest accruing to this account shall be retained therein andshall be expended for the purposes provided in this section, as appropriated bythe legislature. Annually, the supreme court shall develop a plan for all trialand appellate courts within the state for the expenditure of funds from theaccount. Prior to implementation, the plan shall be annually submitted to thejoint appropriations interim committee and joint judiciary interim committeefor review and comment.
5-2-121. Indigent civil legal services account created; purposes.
(a) There is created the indigent civil legal services accountto be administered by the supreme court. The account shall receive all fundspaid to the state treasurer from the fees imposed to support indigent civillegal 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 theaccount shall be used by the supreme court for the establishment and operationof a statewide program to provide civil legal services to indigent individualswithin the state. Interest accruing to this account shall be retained in theaccount and shall be expended for the purposes provided in this section. Nofunds shall be expended from the account until the legislature appropriates thefunds.
(b) For the fiscal biennium commencing July 1, 2012 and eachfiscal biennium thereafter, the supreme court shall include in its proposedbudget a biennial budget and plan for the account. Each biennial plan andproposed budget shall be submitted to the joint appropriations interimcommittee and the joint judiciary interim committee. Each biennial plansubmitted under this subsection beginning with the biennium commencing July 1,2012 shall include case statistics and program costs for the precedingbiennium. The joint judiciary interim committee may submit any comments itdeems appropriate to the joint appropriations interim committee.
(c) The supreme court shall provide for the conduct of auditsof the account on a biennial basis beginning July 1, 2011. The audits shall beavailable for public review.
5-2-122. Indigent civil legal services program created; purposes.
(a) An indigent civil legal services program is created to beoperated in accordance with the following:
(i) The supreme court shall develop a comprehensive plan forfunding a statewide program of civil legal services to the indigent from theaccount. By November 1, 2010 and again by May 1, 2011, the court shall submitto the joint appropriations interim committee and the joint judiciary interimcommittee reports on the plan of operation for the program;
(ii) The supreme court may operate the program directly, orcontract with a nonprofit organization to operate the program;
(iii) The court shall adopt rules and regulations for the programprior to implementation subject to the following:
(A) In adopting rules and regulations governing the program thecourt shall set the following priorities, which are not intended to beexclusive, but to provide direction on the management and operation of theprogram:
(I) Cases in which an indigent individual is a defendant in alawsuit;
(II) Cases in which an indigent individual is seeking to enforcea court order;
(III) Cases involving domestic relations and family law;
(IV) Matters involving general legal advice to indigentindividuals.
(B) In adopting rules and regulations governing the program, thecourt shall prohibit the program from providing legal representation in thefollowing areas:
(I) Cases seeking tort damages;
(II) Criminal defense;
(III) Cases against public agencies or political subdivisionsseeking to change or overturn existing rules, regulations and policies. Thisprohibition shall not limit the program's ability to represent indigentindividuals who are seeking benefits that may be owed them by public entities.
(iv) The rules shall establish eligibility standards for the receiptof services. The eligibility standards shall require that civil legal servicesbe funded from the account only for individuals whose total household incomedoes not exceed two hundred percent (200%) of the federal poverty level;
(v) The program shall be operated in coordination with otherpublicly or privately funded programs providing civil legal services to theindigent with a goal of developing an integrated system for the delivery ofindigent civil legal services on a statewide basis by July 1, 2011;
(vi) The program shall be coordinated with the Wyoming state barand other entities on private attorney involvement, pro bono civil legalservices and educational programs;
(vii) For funding under the program, the program shall establisha statewide single point of entry for indigent civil legal services orestablish other operations that allow for simplified and easily availableaccess to the program;
(viii) The program may grant funds to existing eligible programsto assist in providing civil legal services and may be used to enhance thecivil legal services that the existing programs are providing;
(ix) The program may receive grants and donations which shall bedeposited to the account;
(x) The program shall establish uniform standards for thedelivery of civil legal services and operate programmatic and fiscal managementprograms to ensure accountability for all funds.
ARTICLE 2 - CLERK
5-2-201. Duties generally.
Theclerk 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. Heshall collect in advance, all fees hereinafter enumerated to be paid for hisservices as such officer.
5-2-202. Collection of fees.
The clerk of the supreme court shallcollect the following fees from the plaintiff in error or appellant, or in caseof an original proceeding the plaintiff or relator shall, at the time of filingthe petition in error or record on appeal or when commencing the cause in thiscourt, the sum of twenty-five dollars ($25.00). At the time of filing, theclerk also shall collect a court automation fee in the amount of ten dollars($10.00) which shall be deposited into the judicial systems automation accountestablished by W.S. 5-2-120, and an indigent civil legal services fee in theamount of ten dollars ($10.00) which shall be deposited into the indigent civillegal services account established by W.S. 5-2-121. Other fees or charges to beassessed within the clerk's office are to be determined under rules of thesupreme court.
5-2-203. Salary.
Theclerk of the supreme court shall receive an annual salary as provided by lawwhich shall be paid in monthly installments at the end of each month, and theauditor shall draw warrants upon the treasurer payable to said clerk in paymentof such salary.
5-2-204. Oath and bond.
Theclerk of the supreme court shall take oath before one (1) of the justices ofsaid court prescribed for state officers by the constitution of the state, andshall give a bond to the state of Wyoming in such sum as shall be prescribed bythe court, which bond shall be for the faithful accounting for all moneys thatshall 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 thestate.
5-2-205. Deputy clerk; appointment; residence requirement; oath;salary.
Theclerk of the supreme court may, by and with the consent of the justices of thesupreme court, or a majority thereof, appoint a deputy clerk, who shall residewhere the supreme court is held. The deputy shall take and subscribe a likeoath with his principal and may perform all the duties of the office in thename of his principal, and the attestation of the deputy to all decrees, ordersand processes, shall have the same effect and force as if issued by hisprincipal. The deputy clerk shall receive an annual salary to be determined bythe supreme court which shall be paid in monthly installments in the samemanner as other state salaries are paid.
5-2-206. Deputy clerk; appointment to be entered on record; term.
Saidappointment shall be entered on the records of said supreme court, and shallhold good until revoked, and both appointment and revocation, may be made aswell in vacation as in term time.
5-2-207. Deputy clerk; liability of clerk for acts of deputy.
Theclerk of the supreme court shall be liable on his official bond for all theacts of his deputy as clerk.
ARTICLE 3 - BAILIFF
5-2-301. Office created; appointment; term.
Thereshall be a bailiff of the supreme court, who shall be appointed by the justicesof said court, and who shall hold his office during the pleasure of saidjustices.
5-2-302. Powers and duties generally.
Itshall be the duty of said bailiff to attend the sessions of said court andpreserve order therein; and he shall possess authority to execute and servesummons in error, and other writs and orders, issued out of and under the sealof said court, and orders issued by the justices of said court or either ofthem; and he shall perform such other duties as may be required of him by saidcourt or the justices thereof.
5-2-303. Fees.
Thebailiff of the supreme court, for serving any summons in error, or order, shallcollect and pay into the state treasury, the same fee which is provided by lawfor sheriffs for similar services.
5-2-304. Salary.
Thebailiff shall receive an annual salary to be determined by the supreme courtwhich shall be paid in monthly installments in the same manner as other statesalaries are paid.
ARTICLE 4 - PUBLICATION OF DECISIONS
5-2-401. Authority to contract for publication of reports.
Thesupreme court of the state of Wyoming is hereby vested with full and completeauthority to arrange and contract for timely publication of its opinions fromtime to time, as may be required, and the legislature shall make adequateappropriation to defray the expenses thereof.
5-2-402. Distribution of copies of reports.
Thebooks delivered to the librarian shall be used by him for the purpose ofdistribution as follows: one (1) copy of each volume shall be delivered to eachjustice of the supreme court, and to each district judge there shall bedelivered as many copies as he has counties in his district, and to each stateofficer, said books to be labeled as the property of the state, and to beretained in the offices of said officials and by them delivered to theirrespective successors in office; one (1) copy shall be furnished to the libraryof the supreme court of the United States at Washington, one (1) copy to theoffice of the attorney general of the United States, and one (1) copy to theoffice of the United States district judge for the district of Wyoming. Theremaining copies shall be used in exchange for the reports of other states andterritories and governments as shall be determined upon by the justices of thesupreme court, and a reasonable number shall be kept in the state law library.
5-2-403. Defraying cost of advertising for proposals; payment of contractprice.
Thecost of advertising for proposals shall be defrayed out of the contingent fundof the supreme court. Upon the publication of any volume the auditor shall drawhis warrant upon the treasurer for the contract price, in favor of the publisher;upon the presentation of a proper voucher accompanied by a receipt of thelibrarian showing the delivery of the number of copies provided for by thecontract, together with a certificate of the secretary of state showing thename of the contractor and the contract price and a certificate from thejustices of the supreme court or a majority thereof stating that the volume hastheir approval.
ARTICLE 5 - LAW LIBRARY
5-2-501. Expenditures.
Thejudges of the supreme court shall superintend and direct all expenditures ofmoney for the law library.
5-2-502. Session law exchange.
Uponrequest, the state law librarian shall send to the library of each state andterritory of the United States, free of expense, one (1) copy of the sessionlaws of this state in exchange for the laws of the requesting state orterritory. All the laws received in the exchange shall be deposited by thestate law librarian in the state law library and become the property of thisstate.