Chapter 6 - Municipal Courts
CHAPTER 6 - MUNICIPAL COURTS
ARTICLE 1 - IN GENERAL
5-6-101. Created and established.
Thereis hereby created and established in each of the incorporated cities or townsin the state of Wyoming, whether incorporated or existing under a specialcharter or a general act, and whether now in existence or hereafterincorporated under the laws of the state, a municipal court for the trial ofall offenses arising under ordinances of said incorporated city or town, as thecase may be.
5-6-102. Municipal judges; number; jurisdiction.
Judgesof municipal courts are termed municipal judges. The number of municipal judgesshall be prescribed by ordinance of each incorporated city or town. Thejurisdiction of municipal judges shall be as prescribed either by specialcharter of the incorporated city or town, by general law of the incorporatedcity or town, or by general law of the state.
5-6-103. Appointment of municipal judges; qualifications.
Municipaljudges shall be appointed by the mayor with the consent of the council, andshall be qualified electors of the state unless otherwise provided byordinance.
5-6-104. Term of office; compensation.
Theterms of municipal judges shall be the same as the terms of other appointedofficers of the city or town, unless earlier removed for good cause as providedby law. Compensation shall be prescribed by ordinance of the city or town.
5-6-105. Bond.
Amunicipal judge shall give a bond to the municipality for which he is appointedin an amount provided by ordinance of the city or town. The bond shall beconditioned on the performance of his duties in accordance with law andordinance of the city including the duty to turn over to the parties entitledor as prescribed by ordinance of the city all monies collected by him by virtueof his office.
5-6-106. Procedure generally; additional rules may be provided byordinance; appeals.
Theprocedure of municipal courts shall conform to the procedure provided by lawand rules of procedure for courts of limited jurisdiction. The incorporatedcity or town may by ordinance provide any additional rules of procedure foundnecessary for the proper conduct of municipal courts, provided these rules donot conflict with the general laws of the state. Appeals to the district courtshall be allowed in all cases as now provided by law for appeals from circuitcourts.
5-6-107. Appeals to district court in certain cities or towns.
Inaddition to all other methods heretofore provided by law, an appeal from thejudgment or sentence of a municipal court in any city or town operating under aspecial charter or commission, commission manager or manager form ofgovernment, may be taken to the district court in the same manner as is nowprovided by law for appeals from circuit courts in criminal cases, and shall bedealt with by the courts as criminal cases.
5-6-108. Costs.
(a) Each city or town in the state of Wyoming may prescribe byordinance such costs in all trials before municipal courts as may be necessaryor 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. Byordinance a city or town may prescribe:
(i) A court automation fee of ten dollars ($10.00) as a cost tobe paid by every person guilty of a violation of a city or town ordinance;
(ii) An indigent civil legal services fee of ten dollars($10.00) as a cost to be paid by every person guilty of a violation of a cityor town ordinance.
5-6-109. Postponement of trial for violation of city ordinance;recognizance generally.
Ifa person charged with a violation of a city ordinance is held to appear forexamination or trial before a municipal judge, the judge may postpone the trialof the case to a certain day. The judge may require the defendant to enter intoa recognizance with sufficient sureties conditioned that he will appear beforethe judge at the time and place appointed to answer the complaint allegedagainst him.
5-6-110. Postponement of trial for violation of city ordinance;sureties or deposit may be required; breach of recognizance; procedure whereoffense not cognizable before judge.
Whena person is ordered by the municipal judge to enter into a recognizance, he mayat the discretion of the municipal judge be permitted to sign his ownrecognizance, furnish sureties or deposit in cash with the judge or hisdesignee the amount named in the bond. If the person so recognized fails toappear and comply with all of the requirements of the bond, the judge havingcognizance shall, if there are no mitigating circumstances, declare the bondforfeited and order the cash deposited into the general fund of the treasury ofthe city. If it appears to the judge the accused is triable for an offense notcognizable before the judge, the judge shall halt further proceedings andproceed as in other cases exclusively cognizable before the district court.
5-6-111. Execution on judgments.
Uponassessment of any fine and costs for the conviction of a violation of anyordinance of a city or town, judgment shall be entered against the defendant infavor of the city or town. If the judgment is not paid within ninety (90) daysfrom the date of the judgment the city or town may collect judgment byexecution in circuit court in the manner provided by law. Except as otherwiseprovided by law all amounts recovered pursuant to this section shall bedeposited with the city or town treasurer, used for the benefit of the city ortown, and credited against the fine and reasonable costs of collection.
5-6-112. Detention of juvenile offenders.
(a) No minor charged with violating a municipal ordinancedefined as a status offense under subsection (b) of this section shall bedetained in a jail.
(b) As used in W.S. 5-6-112 and 5-6-113:
(i) "Juvenile detention facility" means any facilitywhich may legally and physically restrict and house a child, other than theWyoming boys' school, the Wyoming girls' school, the Wyoming state hospital orother private or public psychiatric facility within the state of Wyoming. Ajuvenile detention facility may be housed within an adult jail or correctionfacility if the facility otherwise meets the requirements of state law;
(ii) "Minor" means an individual who is under the ageof eighteen (18) years;
(iii) "Status offense" means an offense which, ifcommitted by an adult, would not constitute an act punishable as a criminaloffense by the laws of this state or a violation of a municipal ordinance, butdoes not include a violation of W.S. 12-6-101(b) or (c) or any similarmunicipal ordinance;
(iv) "Hardware secure juvenile detention facility"means a facility used for the detention of minors that is characterized bylocks on the doors and other restrictive hardware designed to restrict themovement of the minors and protect public safety;
(v) "Shelter care" means as defined in W.S.14-6-201(a)(xxii);
(vi) "Staff secure juvenile detention facility" meansa facility used for the detention of minors that is characterized by a trainedstaff to supervise the movement and activities of detained minors at thefacility, without the additional use of hardware secure equipment.
5-6-113. Incarceration of juvenile offenders.
(a) No minor convicted of a status offense shall be sentencedto a term of imprisonment.
(b) A minor convicted of a misdemeanor or of violating amunicipal ordinance, other than a status offense, for which a term ofimprisonment is authorized, shall only be imprisoned in a juvenile detentionfacility.
(c) Except for an alleged delinquent minor who is released tothe 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 minorinto custody shall ensure that a juvenile detention risk assessment shall bepromptly performed, using a uniform assessment instrument designed by thecounty sheriffs. If the risk assessment finds that the minor is a serious riskto himself or to the safety of others, the minor may be:
(i) Placed in a hardware secure juvenile detention facility;
(ii) Transferred to a medical facility if the minor is believedto be suffering from a serious physical or mental illness that requires promptdiagnosis or treatment;
(iii) If the minor is not held pursuant to paragraph (i) of thissubsection, placed in shelter care or a staff secure juvenile detentionfacility, or released to a parent, guardian or other custodian who can providesupervision and care for the minor pending the minor's appearance in court. Ifno space is available in shelter care or a staff secure juvenile detentionfacility, the minor may be held in a hardware secure juvenile detentionfacility.
(d) A minor under the age of eleven (11) years shall not beheld in a hardware secure juvenile detention facility. If the minor under theage 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 mentalhealth evaluation.
(e) If a minor is taken into custody and is not released to theminor's parent, guardian or custodian, the person taking the minor into custodyshall give notice thereof to the minor's parent, guardian or custodian as soonas possible, and in no case later than twenty-four (24) hours after taking theminor into custody.
5-6-114. Special probation for minor defendants.
As a condition of probation or suspension of sentence, thecourt may require a defendant who is a minor to successfully complete ajuvenile service program offered by a community juvenile services board underthe Community Juvenile Services Act.
5-6-115. Process extends throughout the state.
Amunicipal judge may issue a statewide bench warrant for violation of amunicipal ordinance which contains the same elements as a comparable statestatute. The municipality in which the court issuing the statewide benchwarrant exists is responsible for all costs incurred in executing the warrant,including costs of housing and transporting a person arrested under thewarrant.
ARTICLE 2 - CITIES OF THE FIRST CLASS
5-6-201. Jurisdiction of municipal judge; change of venue prohibited;exception for certain civil penalties.
(a) Except as provided by subsection (b) of this section, amunicipal judge has exclusive jurisdiction over all violations of ordinances ofthe city. The municipal judge shall hear and determine violations of ordinancesand may impose fines not exceeding seven hundred fifty dollars ($750.00), orimprisonment not exceeding six (6) months, or both, to which may be addedcosts. No change of venue shall be granted in any case arising under theordinances of the city.
(b) A district court has jurisdiction to grant injunctiverelief and to impose any civil penalty authorized by ordinance adopted pursuantto W.S. 15-1-103(a)(xlvi).
5-6-202. Powers and duties of municipal judge generally; court toopen every day except Sunday.
(a) The municipal judge shall be a conservator of the peace andhis court shall be open every day except Sundays to hear and determine allcases cognizable before him. No act shall be performed by the judge on Sundaysexcept to receive complaints, issue process and take bail.
(b) The municipal judge shall enforce due obedience to allorders, rules and judgments made by him. The judge has the same power as thedistrict court in the issuance of warrant, search warrant, subpoena or othernecessary process and may fine or imprison for contempt offered to him or toprocess issued by him in the same manner and to the same extent as the districtcourt.
5-6-203. Appeal.
Inall cases before the municipal court arising under ordinances of the city,wherein the fine assessed exceeds the sum of ten dollars ($10.00) or theimprisonment ten (10) days, an appeal may be taken by the defendant to thedistrict court in and for the county in which the city is situated, but noappeal shall be allowed unless the defendant shall, within ten (10) days, enterinto recognizance with sufficient sureties to be approved by the municipalcourt, conditioned for the payment of the fine and costs of appeal, and thedefendant shall abide the judgment of the municipal court and not departwithout leave of the court, or that he will pay to the city of .... the sum of$..... The procedure of the appeal shall be as prescribed for appeals fromcircuit courts in criminal cases.
5-6-204. Fines and penalties to be paid to city treasurer; report ofcases; failure to comply with section.
All fines and penalties collected andarising from a breach of a city ordinance shall be deposited with the citytreasurer, and the municipal judge shall report at the end of each calendarmonth a list of all cases for violations of city ordinances instituted in hiscourt, and the disposition thereof, with a statement of the fines, penaltiesand costs received. At the end of each month the judge shall deposit with thecity treasurer all fines, penalties and costs received. If the municipal judgefails to report and deposit all fines, penalties and costs for a period oftwenty-five (25) days, his office shall be declared vacant. If a city enacts anordinance prescribing a court automation fee as provided in W.S. 5-6-108(a)(i),the fee shall be remitted to the judicial systems automation accountestablished by W.S. 5-2-120. If a city enacts an ordinance prescribing theindigent civil legal services fee as provided in W.S. 5-6-108(a)(ii), the feeshall be remitted to the indigent civil legal services account established byW.S. 5-2-121.
5-6-205. Duty of municipal judge as to trial generally.
Whena person is brought before the municipal judge upon warrant, the judge shallhear and determine the complaint alleged against the defendant.
5-6-206. Summoning and enforcing attendance of witnesses.
Itshall be the duty of said justice to summon all persons whose testimony may bedeemed material as witnesses at the trial, and to enforce their attendance byattachment if necessary.
5-6-207. Cases in municipal court.
Casesin the municipal court for violations of city ordinances shall be tried anddetermined by the court without the intervention of a jury, and the trial ofsuch cases before the court shall be conducted in all respects, not hereinotherwise provided for, in like manner as criminal cases before circuit courts.
5-6-208. Assessment of punishment.
(a) If the defendant is found guilty, the municipal judge shalldeclare and assess punishment and render judgment accordingly.
(b) Repealed by Laws 1988, ch. 11, 2.
5-6-209. Continuances; verbal notice to witnesses as to new date oftrial valid as summons.
Whena trial shall be continued by the judge, it shall not be necessary to summonany witnesses who may be present at the continuance, but the judge shallverbally notify such witnesses as either party may require to attend before himto testify in the case on the day of trial, which verbal notice shall be asvalid as a summons.
5-6-210. Punishment regulated by ordinance; maximum fine andimprisonment.
(a) Any person convicted by a municipal judge of any offenseunder any ordinance of the city shall be punished by fine or imprisonment orboth as provided by ordinance. Except as provided in subsection (b) of thissection, no fine shall exceed seven hundred fifty dollars ($750.00) for any one(1) offense recoverable with costs, and no imprisonment shall exceed six (6)months.
(b) A district court has jurisdiction to grant injunctiverelief and to impose any civil penalty authorized by ordinance adopted pursuantto W.S. 15-1-103(a)(xlvi).
5-6-211. Working prisoners; credit for work done.
Wheneverthe defendant is sentenced to imprisonment for the violation of a cityordinance, he may be put to work for the benefit of the city, if it isdetermined that adequate supervision is available, for the term of hisimprisonment, and when committed for the nonpayment of a fine, or costs, forthe violation of any ordinance, he may also be put to work for the benefit ofthe city, and shall be credited on such fine and costs, fifteen dollars($15.00) per day for each day he shall work.
ARTICLE 3 - INCORPORATED TOWNS
5-6-301. Punishment of persons convicted before judge; maximumpenalty permitted; power to punish for contempt.
(a) A person convicted before a municipal judge shall be finedand 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 sevenhundred fifty dollars ($750.00), and no imprisonment shall exceed six (6)months.
(b) The municipal judge shall punish for contempt in the samemanner as district court.
(c) A district court has jurisdiction to grant injunctiverelief and to impose any civil penalty authorized by ordinance adopted pursuantto W.S. 15-1-103(a)(xlvi).
5-6-302. Appeals from municipal court.
Appealsfrom the judgment or sentence of a municipal court may be taken to the districtcourt in the same manner as is now provided by law for appeals from circuitcourts in criminal cases, and shall be dealt with by the courts as criminalcases.
5-6-303. Disposition of fines and penalties.
All fines and penalties collected, arisingfrom a breach of the ordinances of the town, shall be paid into the towntreasury. If a town enacts an ordinance prescribing a court automation fee as providedin W.S. 5-6-108(a)(i), the fee shall be remitted to the judicial systemsautomation account established by W.S. 5-2-120. If a town enacts an ordinanceprescribing 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 servicesaccount established by W.S. 5-2-121.
5-6-304. Citizens qualified to try causes where town a party.
Noperson shall be an incompetent judge, justice or juror by reason of his beingan inhabitant or freeholder in such town, in any action or proceedings in whichsuch town may be a party in interest.