Chapter 9 - Circuit Courts
CHAPTER 9 - CIRCUIT COURTS
ARTICLE 1 - GENERAL PROVISIONS
5-9-101. Definitions; construction of provisions.
(a) As used in this act unless the context otherwise requires:
(i) "Felony" means a criminal offense for which thepenalty authorized by law includes imprisonment in a state penal institutionfor more than one (1) year;
(ii) "Misdemeanor" means a criminal offense which isnot a felony.
(b) When no special provision is otherwise made by law, thecircuit court shall be vested with all inherent powers which are possessed bycourts of record in this state.
5-9-102. Circuit court established; funding.
(a) Pursuant to the provisions of section 10 of article 5 ofthe Wyoming Constitution, a circuit court is hereby established for eachjudicial district of the state of Wyoming enumerated in W.S. 5-3-101, and theboundaries of each circuit court shall be the same as those of each judicialdistrict enumerated therein. Except as otherwise provided in this act, eachcounty within the circuit shall receive the services of the circuit court.
(b) The judicial salaries, salaries of the clerical staff,supplies, operating costs, jury expenses and other expenses of the circuitcourt shall be paid by the state.
5-9-103. Number and location of judges.
(a) The legislature shall from time to time authorize thenumber and location of circuit court judges.
(b) The supreme court may, based on caseload studies, determinewhere within a circuit the circuit court judge shall reside.
5-9-104. Justice of peace courts supplanted and replaced.
Whena justice of the peace court is abolished, the circuit court shall supplant andreplace the justice of peace courts of the county and shall exercise thejurisdiction previously exercised by the justice of peace courts.
5-9-105. Extending jurisdiction to try misdemeanors committed inviolation of city or town ordinances.
Thegoverning body of any city or town situate within a judicial district in whicha circuit court is established may petition the supreme court to extend thejurisdiction of the circuit court to determine and try all persons charged withviolation of the ordinances of the city or town. The contribution that the cityor town will make toward the expenses of the circuit court whose jurisdictionincludes enforcing the ordinances of the city or town shall be set and paid asprovided by written contract of the circuit judges and the governing board ofthe city or town involved, with the approval of the supreme court.
5-9-106. Disposition of money collected for violations of city ortown ordinances; disposition of fines and penalties under general state laws.
Allmoney collected by a judge of a circuit court for violations of ordinances of acity or town shall be paid into the general fund of the city or town whoseordinance was violated. The circuit court shall keep separate account books offunds for ordinance violations as designated by the Wyoming supreme court. Allfines and penalties under the general laws of the state shall be paid into thecounty treasury to the credit of the public school fund of the county.
5-9-107. Supreme court to adopt rules; establish fees and courtcosts; rules of civil and criminal procedure to govern courts.
TheWyoming supreme court is hereby vested with management and supervisory powersover the circuit courts of the state of Wyoming, and shall, by rule of thesupreme court establish procedures and regulations for the effective andexpeditious administration of the business of the circuit courts and shallestablish fees and costs for those courts. The Wyoming Rules of Civil Procedurefor Circuit Courts and the Wyoming Rules of Criminal Procedure for CircuitCourts, as amended or supplemented from time to time, shall govern circuitcourts.
5-9-108. Name of court; presider.
The circuit court shall be called the"Circuit Court of the .... (Number of the Judicial District) JudicialDistrict, .... (Name of County) County, State of Wyoming" which shall be acourt of record. The circuit court shall be presided over by a circuit judge.
5-9-109. Term of judges.
Theterms of circuit court judges shall be four (4) years. Each judge selectedunder the provisions of article 5, section 4, of the Wyoming Constitution shallserve for one (1) year after his appointment and until the first Monday inJanuary following the next general election after the expiration of such year.He shall, at such general election, stand for retention in office throughoutthe circuit as provided in article 5, section 4, of the Wyoming Constitution.
5-9-110. Judges to be nonpartisan; nomination and appointment.
Judgesof the circuit court shall be nonpartisan, shall be nominated and appointed andretained as provided by article 5, section 4, of the Wyoming Constitution.
5-9-111. Qualifications for appointment.
(a) To be eligible for appointment to the office of judge of acircuit court, a person shall be:
(i) A qualified elector of the state; and
(ii) Authorized to practice law in Wyoming.
5-9-112. Appointment to fill vacancies in office.
Vacanciesoccurring in the office of judge of a circuit court shall be filled as providedby article 5, section 4, of the Wyoming Constitution.
5-9-113. Delivery of official records and papers to successor inoffice.
Ifthe 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 thereis none, the clerk of the district court shall take charge of the officialrecords and papers of the judge and deliver them to the successor in office ofthat judge.
5-9-114. Jurisdiction of successor is same as that of predecessor inoffice.
Ajudge of a circuit court with whom the records of his predecessor have beendeposited has the same jurisdiction over all actions and proceedings entered insuch records as if they were originally commenced before him.
5-9-115. Bond.
Eachjudge of a circuit court shall be bonded in the sum of five thousand dollars($5,000.00) for his faithful performance of duties during his term in office.The bond shall be made payable to the state of Wyoming and shall be filed withthe clerk of the district court.
5-9-116. Salaries of judges; traveling expenses.
Circuitcourt 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 newappointment or the commencement of a new term, it shall be effective for alljudges of the circuit courts. In addition to salary, the state shall reimbursea judge of a circuit court for those traveling expenses actually incurred whenthe business of the circuit court requires his attendance more than five (5)miles from the place where he regularly holds court.
5-9-117. Oath.
Beforeassuming the duties of his office, a judge of a circuit court shall take andsubscribe before a district judge or a clerk of a court of record the oath ofoffice prescribed by the constitution of Wyoming.
5-9-118. Judge may be district court commissioner; private practiceof law prohibited; magistrate of circuit court permitted to practice law.
A judge of a circuit court may be appointedto and hold the office of district court commissioner. A judge of a circuitcourt shall devote full time to the office and may not engage in the privatepractice of law. A magistrate of a circuit court, who is otherwise authorizedto practice law in Wyoming, may engage in the private practice of law so longas that practice does not conflict with his duties as magistrate of a circuitcourt.
5-9-119. Judges may hold court for each other; expenses of judgeholding court in another circuit or district; disqualification of judge; changeof venue prohibited.
(a) The judges of the circuit courts may hold court for eachother and shall do so when required by law. The expenses of any judge of acircuit court holding court in any circuit other than his own or in anydistrict court pursuant to assignment under W.S. 5-3-112, including travelexpenses and his expenses while holding court, shall be charged to thecontingent fund of the circuit court in whose circuit he is holding court or tothe contingent fund of the district court in whose district he is holding courtpursuant to assignment under W.S. 5-3-112.
(b) A party to any action in circuit court may disqualify acircuit judge as provided by rules adopted by the supreme court fordisqualification. Upon disqualification, or inability for any reason to fulfillhis duties, the circuit judge shall appoint another circuit judge from his ownor a different circuit or a district judge from his own or a differentdistrict, or a magistrate from the county in which the case is to be tried ifno other circuit judge is available, to try the action.
(c) There shall be no change of venue for civil actions triablein circuit court.
5-9-120. Judicial robe.
Whileholding court, judges of a circuit court shall wear a black judicial robe.
5-9-121. Seal of court.
Eachcircuit court shall have a seal. Each court shall use a seal having upon it theinscription: "Circuit Court of the .... (Number of the Judicial District)Judicial District, .... (Name of County) County, State of Wyoming". Theseal of a circuit court shall be affixed by a stamp that reproduces legiblyunder photographic processes. A judge of a circuit court shall affix his sealto every jurat or certificate of his official acts without additional fee.
5-9-122. Budget.
Thesupreme court shall submit one (1) budget for the operation of all circuitcourts, itemized by circuit, to the legislature for appropriation for eachbiennial period using forms and following procedures provided by law for stateagencies funded by legislative appropriation.
5-9-123. Clerical assistants.
Ajudge of a circuit court may appoint clerical assistants as necessary for theefficient operation of the court, within the limits of the approved budget.
5-9-124. County to provide quarters and equipment; state to furnishcertain property for judges.
Theboard of county commissioners shall provide suitable quarters to house thecircuit court and shall provide necessary furniture and fixtures to enable itto function in accordance with this act. Each judge shall be furnished by thestate of Wyoming, without charge, the American and Wyoming state flags, thelatest edition of the Wyoming Statutes, cumulative supplements thereto and thelatest Session Laws of Wyoming. All property furnished to a judge shall remainthe property of the governmental unit supplying the same, and upon terminationof a judge's term of office, shall be transmitted to his successor in office.
5-9-125. Court continuously in session.
Thecircuit court shall be continuously in session.
5-9-126. Business hours; judge to be always available for criminalmatters.
Circuitcourts shall be open for the transaction of business during regular businesshours, and in criminal matters a judge, magistrate or district courtcommissioner shall be available at all times for fixing and accepting bail,issuing warrants including search warrants, and conducting arraignmentproceedings.
5-9-127. Process extends throughout state.
Theprocess of a circuit court shall extend throughout the state.
5-9-128. Civil jurisdiction.
(a) Each circuit court has exclusive original civiljurisdiction within the boundaries of the state for:
(i) An action where the prayer for recovery is an amount not exceedingseven thousand dollars ($7,000.00), exclusive of court costs;
(ii) Actions to recover specific personal property the value ofwhich does not exceed seven thousand dollars ($7,000.00), exclusive of courtcosts and shall be prosecuted in accordance with W.S. 1-15-301 through1-15-306;
(iii) Actions to foreclose or enforce a lien on or securityinterest 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 securityinterest does not exceed seven thousand dollars ($7,000.00), exclusive of courtcosts;
(iv) Actions for small claims as provided by W.S. 1-21-201through 1-21-205;
(v) Actions for forcible entry or detainer as provided by W.S.1-21-1001 through 1-21-1016;
(vi) Actions to foreclose and enforce the following statutoryliens only, when the amount claimed on the lien does not exceed seven thousanddollars ($7,000.00) exclusive of court costs:
(A) Construction liens as provided by W.S. 29-2-101 through29-2-109;
(B) Liens for labor and materials as provided by W.S. 29-4-101and 29-4-102;
(C) Liens for labor and services as provided by W.S. 29-5-101through 29-5-106 and 29-7-101 through 29-7-202; and
NOTE: Effective7/1/2011, this section will read as follows:
(C) Liens for labor and services as provided by W.S. 29-5-101through 29-5-106 and 29-7-101 through 29-7-301; and
(D) Liens for taxes as provided by W.S. 39-15-108(d) and39-16-108(d).
(vii) Actions to dispose of an abandoned vehicle as provided byW.S. 31-13-112(e), regardless of the value of the abandoned vehicle.
(b) The circuit court may issue writs of attachment orgarnishment as provided by W.S. 1-15-101 through 1-15-212 and 1-15-401 through1-15-511, and may issue judgment, execution and stay of execution, and orderthe sale of the property seized under execution as provided by W.S. 1-19-101through 1-19-108 and 1-21-401 through 1-21-703. A writ of execution issuingfrom a circuit court shall be in the form and subject to the provisions of W.S.1-17-308.
(c) The judge may submit to arbitration any civil matterpending 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 anarbitration agreement and refusal of the opposing party to arbitrate asprovided by W.S. 1-36-101 through 1-36-119.
(d) The provisions of W.S. 5-1-107 pertaining to the exerciseof personal jurisdiction apply in the circuit courts.
5-9-129. Criminal jurisdiction.
Circuitcourts have original jurisdiction in all misdemeanor criminal cases.
5-9-130. Concurrent jurisdiction.
For purposes of assignment, all circuit court judgesthroughout the state shall have concurrent jurisdiction with all district courtjudges throughout the state.
5-9-131. Assignment to district court judge.
(a) A circuit court judge may assign to a district court judgeany case or proceeding within the jurisdiction of the circuit court subjectonly to the following restrictions:
(i) Rules promulgated by the supreme court; and
(ii) Acceptance of the judge to whom the assignment of the caseor proceeding is to be made.
(b) The law and rules governing circuit court and appealstherefrom shall apply to a case or proceeding assigned pursuant to thissection.
5-9-132. Authority to set bail; preliminary examinations.
(a) Judges and magistrates of the circuit court are authorizedto set bail before trial in accordance with this subsection and with the rulesof the Wyoming supreme court. Judges and magistrates of the circuit courtshall have the power and the duty to decide promptly the bail application ofany person arrested for a violation of state law within the county, whether ornot the formal document charging the person with a violation of state law hasbeen filed with the court.
(b) Preliminary examinations for persons charged with a felonyshall be conducted by the circuit court judge or magistrate.
(c) Preliminary examinations of persons charged with amisdemeanor shall not be conducted for a determination of probable cause.
5-9-133. Powers generally.
(a) A circuit court may:
(i) Preserve and enforce order in its immediate presence and inthe proceedings before it according to the Wyoming Rules of Criminal Procedurefor Circuit Courts and punish for contempt as provided therein;
(ii) Compel obedience to its judgments, orders, and processes;
(iii) Control, in furtherance of justice, the conduct of itsministerial officers, and of all other persons in any manner connected withjudicial proceedings before it, in every matter pertaining thereto;
(iv) Issue warrants, including search warrants, summonses,subpoenas or other process in civil and criminal cases;
(v) Administer oaths and affirmations and take bail, acknowledgments,affidavits, and depositions;
(vi) Amend and control its process and orders to make themconformable to law and justice;
(vii) Proceed to trial, render judgment, and grant writs ofexecution to carry into effect any order or judgment of the court;
(viii) Perform marriage ceremonies.
5-9-134. Probation; correction and reduction of sentence.
Thecircuit 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, theprobation period for a defendant whose disposition includes participation in asubstance abuse treatment program or a court supervised treatment program mayexceed the maximum term of imprisonment established for the offense, but shallnot exceed three (3) years. The court shall conduct, on at least a monthlybasis, a review on the progress of a defendant sentenced to treatment underthis section. The review may be conducted in a manner the court deemsappropriate, but shall include receiving regular progress reports from thetreatment provider.
5-9-135. Filing fee.
For all civil matters the circuit courtshall collect from the plaintiff an original filing fee of twenty dollars($20.00), a court automation fee of ten dollars ($10.00), and an indigent civillegal services fee of ten dollars ($10.00) excluding small claims civil actionsas provided in W.S. 1-21-201 through 1-21-205 which shall have a filing fee often dollars ($10.00). The court automation fee shall be deposited into the judicialsystems automation account and the indigent civil legal services fee shall bedeposited into the indigent civil legal services account as provided by W.S.5-9-144.
5-9-136. Request for jury in civil actions; fee; right to jury incriminal actions.
Incivil actions in a circuit court, a jury shall be considered waived unlessdemand is made by either party as provided by the Wyoming Rules of CivilProcedure and a jury fee in the amount provided by the Wyoming Rules of CivilProcedure is paid to the clerk of the circuit court and thereafter is depositedand dispersed as provided by the Wyoming Rules of Civil Procedure. In criminalproceedings in a circuit court the accused shall have the right to a trial byjury unless such right is waived as provided by the Wyoming Rules of CriminalProcedure.
5-9-137. Jury lists.
Jurorsshall be selected from the jury lists selected for the district courts of thestate pursuant to the provisions of W.S. 1-11-101 through 1-11-204.
5-9-138. Abstract of judgment; lien of judgment on real estate; lienon real estate in another county.
(a) At any time while the papers in any case in which ajudgment has been rendered by a circuit court are retained by the court, thejudge shall certify and deliver an abstract of the judgment to any person onthe payment of a five dollar ($5.00) fee.
(b) The judgment creditor in any judgment rendered in circuitcourt may file with the clerk of the district court and record with the countyclerk of the county in which the judgment was rendered a transcript thereof,certifying therein the amount paid thereon, if any. The clerk of the districtcourt shall enter the case on the execution docket, together with the amount ofthe judgment. If within ten (10) days after the judgment was rendered, thejudgment debtor pays the same or gives bond for stay of execution, the circuitjudge shall immediately certify that fact to the clerk of the district courtand the county clerk. The clerk of the district court shall enter a memorandumthereof 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 andrecords the transcript and may be taxed to the other party. The judgment shallbe a lien on the real estate of the judgment debtor within the county from theday and time the transcript is recorded with the county clerk. Execution may beissued on the judgment at any time after filing the transcript with the clerkof the district court as if the judgment had been rendered in the districtcourt.
(c) The judgment creditor in any judgment rendered by anycircuit court in this state and filed in the judgment record of the districtcourt, may file a transcript of the judgment record of the district court withthe clerk of the district court and record a transcript of the judgment withthe county clerk in any other county within this state where the judgmentdebtor owns real estate. The judgment is a lien upon all real estate of thejudgment debtor in any county in which the transcript is recorded with thecounty clerk from the date of recording with the county clerk. The clerk of thedistrict court of any county in which the transcript is filed shall enter thejudgment upon the judgment records of the court in the same manner as judgmentsare rendered in that court.
5-9-139. Reporting of proceedings; preservation thereof.
(a) In any judicial proceedings before the circuit court,unless waived by the parties whenever the presiding judge of a circuit courtshall deem it necessary, or upon the request of either party, the court shallprovide for the reporting of the testimony and proceedings, with objectionsmade, the rulings of the court, and oral and written charges. The reporting maybe made by stenographic reporting, electronic recording or other appropriatemeans authorized by the court.
(b) The testimony and proceedings shall be retained andpreserved for at least twelve (12) months after entry of final judgment,sentence, or order on appeal if an appeal is taken.
5-9-140. Appointment of special reporters; certification oftranscript.
If the record is to be made by astenographic reporter, the judge shall appoint a special stenographic reporterto report the testimony and proceedings. If the record is made by means ofelectronic recording, the judge shall appoint a special reporter to make theelectronic recording, and in those cases in which it is required, the judgeshall appoint an official stenographer to furnish with reasonable diligence atypewritten transcript of the testimony and proceedings. The report of theofficial stenographer, when typewritten and certified by him as a correcttranscript of the testimony and proceedings in the case, shall be prima facie acorrect statement of such testimony and proceedings. The signature of thestenographer on the certification of the transcript shall be duly acknowledgedby him before a notarial officer of this state.
5-9-141. Civil and criminal cases reviewed on record.
Incivil and criminal cases a judge of a district court shall review the case onthe record on appeal.
5-9-142. Stay of execution on judgment; bond.
Ina civil matter no execution on a judgment may be stayed unless and until theparty applying for the appeal, or someone for him, gives bond in an amount andwith sufficient surety approved by the judge of the district court or the clerkof the district court, to abide by such judgment as may be rendered on appealif such appeal is perfected, or if not so perfected, then to satisfy thejudgment of the circuit court. If such bond is furnished by or on behalf of anyparty against whom the judgment has been rendered for money or property orboth, the bond shall be conditioned for the performance and satisfaction ofsuch judgment or order as may be entered against such party on appeal, and forthe payment of all costs and damages which may be awarded against him in thedistrict court. If the appeal is by a party against whom there is no recoveryexcept for costs, the bond shall be conditioned for the payment of such costsand damages as may be awarded against him on the appeal.
5-9-143. Security on appeal.
Thedistrict court to which an appeal is taken from a circuit court in a civil casemay on motion for good cause shown, after five (5) days notice to theappellant, require the appellant to give new or additional security. If thesecurity is not given within the time prescribed by the district court, theappeal shall be dismissed with costs, and the judgment of the circuit courtshall remain in effect, and the district court shall enter judgment and awardexecution thereon, with costs, against the appellant and his surety.
5-9-144. Receipts for money paid into court.
When any money is paid into a circuitcourt, a receipt for said amount shall be issued promptly upon a formprescribed by the Wyoming supreme court. The receipts shall be prenumbered innumerical sequence. The original copy shall be delivered to a payor makingpayment by cash or in person, otherwise the original shall be attached to thecourt file. A copy shall be filed in the office of the issuing judge. Thereceipts shall be prenumbered by the printer, and the printer shall give to thesupreme court a receipt showing the numbers so printed. Except as provided inW.S. 5-9-106, the circuit court shall pay all fines, forfeitures and otherpenalties to the county treasurer and all fees, costs and other receipts to thestate treasurer. The court automation fee prescribed by W.S. 5-9-135 orestablished by court rule shall be deposited by the state treasurer into thejudicial systems automation account established by W.S. 5-2-120. The indigentcivil legal services fee prescribed by W.S. 5-9-135 shall be deposited by thestate treasurer into the indigent civil legal services account established byW.S. 5-2-121.
5-9-145. Failure of judge to give receipt constitutes cause forremoval from office.
Failure, refusal, or neglect of a judge ofa circuit court to give a receipt as required by W.S. 5-9-144, for any moneypaid into the circuit court is misconduct, which constitutes cause for removalfrom office.
5-9-146. Deposit of money with county or state treasurer.
Whenany fines, forfeitures, costs or fees are deposited with the judge of a circuitcourt pursuant to any action or proceedings in the court, or pursuant to anyorder, decree or judgment of the court, the money in his possession shall bedeposited no later than the tenth day following the month of receipt with thecounty or state treasurer, except as provided in W.S. 5-9-106. If the money hasnot 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 afterthe tenth day of the month during which the deposits have not been made.
5-9-147. Supreme court to establish uniform accounting system.
TheWyoming supreme court shall establish, supervise, and as necessary from time totime, modify a uniform system of accounting, including a system of regularaudits for circuit courts, to provide for the proper and uniform accounting ofall money received and disbursed by circuit courts, and all judges of thecircuit courts shall comply therewith.
5-9-148. Failure to keep accounts or account for money.
Failureto keep accounts pursuant to the system established by the Wyoming supremecourt or failure to account for money paid into and disbursed by the circuitcourt is misconduct, which may constitute cause for removal from office.
5-9-149. Bank accounts.
The accounting system established by theWyoming supreme court may provide for bank accounts for each circuit court inwhich money received by the circuit court may be deposited and disbursed asprovided therein, and for such records, reports and procedures as the supremecourt requires. Money received as fines, forfeitures or court costs may not bedeposited in the same bank account as money received in civil matters. If abank account is established into which fines, costs or forfeitures aredeposited, the accounting system established by the supreme court shallrequire, where available, the use of accounts in a financial institution listedin W.S. 9-4-817(a) which may earn interest, in which the deposits are subjectto 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 suchaccounts shall be forwarded monthly to the county treasurer and credited to thecounty public school fund. Interest earned on all other deposits in suchaccounts shall be forwarded to the state treasurer quarterly and credited tothe victim's compensation account created by W.S. 1-40-114(a).
5-9-150. Examination of accounts.
Theaccounts of each circuit court shall be examined by the Wyoming supreme courtin accordance with rules adopted by the supreme court.
5-9-151. Annual accounts submitted to state auditor and supremecourt.
Eachcircuit court shall submit annual accounts to the state auditor and supremecourt under rules prescribed by the supreme court.
5-9-152. Suit to enforce collection or transmittal of fines; failureto transmit constitutes cause for removal from office; liability on judge'sbond.
(a) If it is apparent through examination conducted by theWyoming supreme court, or by other means, that any fines or forfeitures havenot been transmitted, the county attorney shall bring suit to enforce thecollection or transmittal, or both. Failure to transmit fines, forfeitures orcosts is misconduct which constitutes cause for removal from office.
(b) The official bond of a judge of a circuit court shallsecure, and there shall be a liability thereon, for his failure to transmitsuch 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.
Therecords kept by a judge of a circuit court shall be public and available forexamination during the regular business hours of the court. The statedepartment of audit, Wyoming supreme court, the attorney general or the county attorneyof the particular county in which the circuit court is situated may examinethem at any time upon demand.
ARTICLE 2 - MAGISTRATES OF THE CIRCUIT COURT
5-9-201. Qualifications for magistrates.
(a) 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 whichappointed.
(b) 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 withinwhich the circuit court is located.
5-9-202. Circuit court to enter order appointing magistrates.
The circuit court in open court shall enter an orderappointing each full-time magistrate of the circuit court under W.S. 5-9-206and each part-time magistrate of the circuit court under W.S. 5-9-210and shall enter the order upon the journal. A certified copy of the journalentry shall be evidence of the appointment in all courts of this state.
5-9-203. Oath.
Magistrates of the circuit court, before entering upon thedischarge of their official duties, shall take and subscribe before a circuitcourt judge or a clerk of a court of record the oath of office prescribed bythe constitution of Wyoming.
5-9-204. Record of official actions.
Each magistrate of the circuit court shall enter a recordof his official actions in a journal in the circuit court. The entries shall besigned by the magistrate.
5-9-205. Bond.
Each magistrate of the circuit court shall be bonded in thesum of one thousand dollars ($1,000.00) for his faithful performance of dutieswhile in office. The bond shall be made payable to the state of Wyoming andshall be filed with the clerk of the district court.
5-9-206. Full-time magistrates; selection.
(a) In every county receiving the services of a circuit courtand wherein a circuit court judge does not reside, there shall be one (1)full-time magistrate who shall meet the qualifications under W.S. 5-9-201.
(b) All of the circuit judges whose circuit includes the countytogether shall agree upon a person to fill the office of magistrate undersubsection (a) of this section. The name of the agreed upon person shall besubmitted for approval or rejection to the board of county commissioners of thecounty wherein the magistrate will serve. Upon approval by the board, thecircuit court shall appoint the person as a magistrate as provided in W.S.5-9-202.
5-9-207. Full-time magistrates; term of office; retention; removal.
(a) The term of office of each magistrate selected under W.S.5-9-206 and appointed under W.S. 5-9-202 shall be four (4) years. Themagistrate shall serve for one (1) year after that person's appointment anduntil the first Monday in January following the next general election after theexpiration of that year.
(b) At the general election, the magistrate shall stand forretention in office in the county wherein the magistrate was appointed.Irrespective of any vote of the electorate whereby the magistrate is retainedin office, the circuit judges of the circuit by unanimous vote may remove themagistrate.
5-9-208. Full-time magistrates; powers of magistrates who areauthorized to practice law; powers of magistrates who are not authorized topractice law.
(a) At the direction of the circuit judges of a circuit or thesupreme court, a full-time magistrate of the circuit court who is authorized topractice law in Wyoming may perform all of the duties of a circuit court judgepresiding in circuit court as authorized by law and rules. Upon direction, themagistrate shall have all of the powers of a circuit court judge presiding incircuit court as authorized by law and rules. A magistrate shall not preside inor hear or decide any district court proceeding or case in circuit courtpursuant to assignment under W.S. 5-3-112.
(b) Notwithstanding subsection (a) of this section and uponrequest and consent of all parties to a proceeding or case in circuit court andsubject to the approval of the circuit judge presiding in the proceeding orcase, a full-time magistrate who is authorized to practice law in Wyoming mayhear and determine any and all matters relating to the proceeding or case thatare within the jurisdiction of the circuit court, except the magistrate shallnot preside in or hear or decide any district court proceeding or case in circuitcourt pursuant to assignment under W.S. 5-3-112.
(c) At the direction of the circuit court judges of a circuitcourt, a full-time magistrate of the circuit court who is not authorized topractice law in Wyoming may within the county from which appointed:
(i) Administer an oath or affirmation authorized or required bylaw to be administered;
(ii) Take acknowledgment of deeds, mortgages and otherinstruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and require their attendancein causes or matters pending before them, or other cause or matter wherein theymay be required to take depositions;
(v) Try the action for forcible entry and detainer, as setforth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of bail, onthe stay of execution on their dockets;
(vii) Issue attachments, executions and garnishments, and proceedagainst the goods and effects of debtors in certain cases, as provided by law;
(viii) Issue executions on judgments rendered by them;
(ix) Try the right of the claimant to property taken inexecution, garnishment or on attachment;
(x) Try all civil actions where the amount in controversy,exclusive of costs, does not exceed five thousand dollars ($5,000.00);
(xi) Try an action upon bonds, conditioned for the payment ofmoney, 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 sumactually due;
(xii) Hear and determine an action brought upon any instrumentpayable in installments, as each installment becomes due, when such instrumentand amounts shall be within the magistrate's jurisdiction;
(xiii) Enter the following judgments, when the amount does notexceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in chambers.
(xiv) Try an action for disposition of an abandoned vehicle asprovided by W.S. 31-13-112(e), regardless of the value of the abandonedvehicle;
(xv) Issue warrants or summonses in criminal cases in accordancewith the rules promulgated by the Wyoming supreme court. A warrant or summonsissued by the magistrate charging any crime may be executed or served at anyplace within the state;
(xvi) Set bail in criminal proceedings, including bail forwitnesses, in accordance with the provisions of W.S. 5-9-132(a) and the rulespromulgated by the Wyoming supreme court;
(xvii) In accordance with the Wyoming Rules of Criminal Procedure,conduct extradition proceedings, initial appearances and preliminaryexaminations for persons charged with felonies;
(xviii) Arraign, try, and sentence defendants in criminal casesamounting to misdemeanors for which the punishment prescribed by law does notexceed imprisonment for more than one (1) year, regardless of the amount of thefine that may be imposed. In relation to such misdemeanors, this includes thepower to accept plea agreements, order the examination of a defendant whoenters a plea of not guilty by reason of mental illness or deficiency or nottriable by reason of mental illness or deficiency, order presentenceinvestigations, order substance abuse evaluations, order and conduct pretrialconferences, enter orders for sentencing, impose sentence, impose terms ofprobation, issue orders to show cause, conduct show cause hearings and entersuch other orders as a circuit judge may enter in chambers when the circuitjudge is unavailable, when the judge has recused himself from the case or whenthe judge has been peremptorily disqualified from hearing a case. In criminalcases where a full-time magistrate may sentence a defendant to imprisonment fornot more than one (1) year and the law authorizes imposition of a term ofprobation that exceeds the maximum term of incarceration established for theoffense, the magistrate may sentence the defendant to probation as authorizedby such law;
(xix) Correct an illegal sentence imposed in a criminal case orreduce a sentence at any time;
(xx) Preserve and enforce order in his immediate presence and inthe proceedings before him; and
(xxi) Hear and issue orders in peace bond, stalking and domesticviolence cases under Wyoming statutes, title 7, chapter 3 and title 35, chapter21.
5-9-209. Full-time magistrates; salary.
A full-time magistrate of the circuit court shall receivean annual salary and benefits as determined by the legislature. The salary andbenefits shall be paid by the state in equal monthly allotments.
5-9-210. Part-time magistrates; selection.
(a) In a county receiving the services of a circuit court andwhether 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 qualificationsunder W.S. 5-9-201 and each shall be appointed as provided in subsection (b) ofthis section.
(b) If a circuit court judge finds the public interest requiresa magistrate for any county within that judge's circuit irrespective of wherethe circuit court judge resides, then the circuit judge shall submit the nameof the person for approval or rejection to the board of county commissioners ofthe county wherein the magistrate will serve. Upon approval by the board, thecircuit court shall appoint the part-time magistrate as provided in W.S5-9-202.
5-9-211. Part-time magistrates; tenure.
Each part-time magistrate appointed under W.S. 5-9-202shall serve continuously and solely at the pleasure of the appointing circuitcourt judge.
5-9-212. Part-time magistrates; powers.
(a) At the direction of the circuit judges of a circuit or thesupreme court, a part-time magistrate of the circuit court shall have thepowers in respect to every suit or proceeding pending in the circuit court ofthe county for which he was appointed as follows:
(i) Administer an oath or affirmation authorized or required bylaw to be administered;
(ii) Take acknowledgment of deeds, mortgages and otherinstruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and coerce their attendancein causes or matters pending before them, or other cause or matter wherein theymay be required to take depositions;
(v) Try the action for forcible entry and detainer, as setforth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of bail, onthe stay of execution on their dockets;
(vii) Enter the following judgments, when the amount does notexceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in chambers.
(viii) Try an action for disposition of an abandoned vehicle asprovided by W.S. 31-13-112(e), regardless of the value of the abandonedvehicle;
(ix) Issue warrants, including search warrants and arrestwarrants, or summonses in criminal cases in accordance with the rulespromulgated by the Wyoming supreme court. A warrant or summons issued by themagistrate charging any crime may be executed or served at any place within thestate;
(x) Set bail in criminal proceedings, including bail forwitnesses, in accordance with the provisions of W.S. 5-9-132(a) and the rulespromulgated by the Wyoming supreme court;
(xi) In accordance with the Wyoming Rules of Criminal Procedure,conduct extradition proceedings, initial appearances and preliminaryexaminations for persons charged with felonies;
(xii) Preserve and enforce order in his immediate presence and inthe proceedings before him;
(xiii) Hear and issue orders in peace bond, stalking and domesticviolence cases under Wyoming Statutes title 7, chapter 20 and title 35, chapter21;
(xiv) Conduct small claims trials;
(xv) In misdemeanor cases, to conduct arraignments, accept pleaagreements, order the examination of a defendant who enters a plea of notguilty by reason of mental illness or deficiency or not triable by reason ofmental illness or deficiency, order presentence investigations, order substanceabuse evaluations, order and conduct pretrial conferences, enter orders forsentencing, impose sentence, impose terms of probation, issue orders to showcause, conduct show cause hearings, and enter such other orders as a circuitjudge may enter in chambers when the circuit judge is unavailable, when thejudge has recused himself from a case or when the judge has been peremptorilydisqualified from hearing a case.
(b) Notwithstanding subsection (a) of this section and uponrequest and consent of all parties to a proceeding or case in circuit court andsubject to the approval of the circuit judge presiding in the proceeding orcase, a part-time magistrate who is authorized to practice law in Wyoming mayhear and determine any and all matters relating to the proceeding or case thatare within the jurisdiction of the circuit court, except the magistrate shallnot preside in or hear or decide any district court proceeding or case incircuit court pursuant to assignment under W.S. 5-3-112.
5-9-213. Part-time magistrates; pay.
A part-time magistrate of the circuit court shall be paidby the state. A claim for compensation under this section shall be made byvoucher, verified under oath, setting forth in detail the services performed,time expended and amount of compensation claimed. No claim for compensationunder this section shall be paid unless approved and allowed by a judge of thecircuit court.
5-9-214. Circuit court to review orders; approval or disapproval.
The circuit court shall at each term review and approve ordisapprove, reverse or modify orders made by, and proceedings had before, magistratesin 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).