Repeal of district attorney office.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0438

HOUSE BILL
NO.
HB0178

Repeal of district attorney office.

Sponsored by:
Representative(s) Gingery and Senator(s) Case

A BILL

for

AN ACT relating to district attorneys; repealing the office of district attorney; providing conforming amendments; repealing conflicting provisions; providing for applicability of the act; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 8
‑
1
‑
102(a)(x) and 18
‑
3
‑
301 are amended to read:

8
‑
1
‑
102.

Definitions.

(a)

As used in the statutes unless the legislature clearly specifies a different meaning or interpretation or the context clearly requires a different meaning:

(x)

"District attorney"
means and
includes a county and prosecuting attorney
;
in a county where the office of district attorney has not been created. This definition shall specifically not apply to W.S. 9
‑
1
‑
801 through 9
‑
1
‑
811;

18
‑
3
‑
301.

Office created; qualifications; certificate of election; counties empowered to consolidate.

(a)

In judicial districts in which the office of district attorney has not been created
T
here shall be elected in each county a county and prosecuting attorney who at the time of his nomination and election and during his term of office, shall be a member of the bar of this state. A copy of his certificate of election and oath shall be filed by the county and prosecuting attorney with the clerk of the district court for his county or counties.
In those judicial districts in which the office of district attorney has been created the county commissioners shall appoint an attorney to the office of county attorney for a term of one (1) year, who may be reappointed on a year
‑
to
‑
year basis.
The county commissioners may remove the county attorney for cause.

(b)

The boards of county commissioners of two (2) or more contiguous counties
not served by a district attorney
may by resolution consolidate the offices of, and agree to be served by, a single county and prosecuting attorney who shall be elected by a vote of the electors of all the counties within the consolidated area.

Section 2.

W.S. 9
‑
1
‑
801 through 9
‑
1
‑
811 and 18
‑
3
‑
302(b) are repealed.

Section 3.

(a)

This act shall:

(i)

Not apply to any district attorney duly elected and currently serving his term of office;

(ii)

Apply following the conclusion of any term of office of a district attorney currently serving his term of office as provided by Wyoming Constitution, Article 6, Section 17.

Section 4.
This act is effective January 1, 2006.

(END)

1
HB0178