Attorney general appointment.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0484

HOUSE BILL
NO.
HB0299

Attorney general appointment.

Sponsored by:
Representative(s) Childers, Gingery, Illoway and Jones and Senator(s) Meier

A BILL

for

AN ACT relating to the attorney general; providing for the appointment of the attorney general by the five elected state officials; repealing provision for interim appointment; amending certain provisions regarding actions taken by the attorney general pursuant to the direction of the governor; making conforming amendments; and providing for an effective date.

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

Section 1.
W.S. 9
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1
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601(a), 9
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1
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602, 9
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1
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603(b) and (c), 9
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1
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605(b) through (d), 9
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1
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608(a) and (b), 9
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1
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611(c), 9
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1
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633(a) and (b)(intro), 9
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1
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636(b) and (c)(intro), 9
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4
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218(a)(iii), 28
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12
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103 and 35
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7
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1004 are amended to read:

9
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1
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601.

Appointment; term; removal; special assistant for legislative affairs; qualifications.

(a)

The attorney general of the state of Wyoming shall be appointed by the
governor
five (5) elected state officials
with the advice and consent of the senate
.

in accordance with
The attorney general shall be appointed for a term of four (4) years commencing as specified in W.S. 28
‑
12
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103 with the appointment made after the election at which the five (5) elected state officials are elected. The elected state officials shall submit the appointment as provided in
W.S. 28
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12
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101 through 28
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12
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103
and
for gubernatorial appointments. The attorney general
may be removed
by the governor as provided in W.S. 9
‑
1
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202
at the pleasure of a majority of the five (5) elected state officials
.

9
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1
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602.

Vacancy in office.

In case of a vacancy in the office of attorney general the
governor
five (5) elected state officials
shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(b).

9
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1
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603.

Duties generally; retention of qualified practicing attorneys; matters in which county or state is party or has interest; assistance to county and district attorneys in felony trials.

(b)

With the approval of the
governor
five (5)
elected state
officials

the attorney general may retain qualified practicing attorneys to prosecute fee
‑
generating suits for the state if expertise in a particular field is desirable.

(c)

Upon the failure or refusal of any district or county attorney to act in any criminal or civil case or matter in which the county, state or any agency thereof is a party, or has an interest, the attorney general may, at the request of the board of county commissioners of the county involved or of the district judge of the judicial district involved, act on behalf of the county, state or any agency thereof, if after a thorough investigation the action is deemed advisable by the attorney general. The cost of investigation and the cost of any prosecution arising therefrom shall be paid out of the general fund of the county where the investigation and prosecution take place. The attorney general shall also, upon direction of the
governor
five (5)
elected state
officials
, investigate any matter in any county of the state in which the county, state or any agency thereof may be interested. After investigation, the attorney general shall submit a report of the investigation to the
governor
five (5)
elected state
officials
and to the district or county attorney of each county involved and may take such other action as he deems appropriate.

9
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1
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605.

Approval of public securities and official bonds; water rights proceedings; investigation of misconduct of county official; report to governor; commencement of action.

(b)

Under the direction of the
governor
five (5)
elected state
officials
the attorney general shall institute and pursue proceedings to maintain the state's and its citizens' rights in the waters of interstate streams.

(c)

Upon representation to the
governor
attorney general
of misconduct or malfeasance in office or the commission of a crime by any county officer in the state and if the
governor
attorney general
believes the ends of justice demand or the matter will not be properly investigated and prosecuted by the sheriff and by the district attorney of the county, the
governor may direct the
attorney general
to
may
investigate the case.

(d)

Upon completion of the investigation, the attorney general shall report the results of the investigation and his recommendations to the
governor
five (5)
elected state
officials
. If the
governor
five (5)
elected state
officials
and the attorney general determine that the attorney general should institute a criminal or civil action, the attorney general shall commence the action. The attorney general shall have the authority and duty vested in district attorneys in this state.

9
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1
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608.

Assistant attorneys general.

(a)

With the approval of the
governor
five (5)
elected state
officials
, the attorney general may appoint assistant attorneys general necessary for the efficient operation of his office. Each assistant attorney general shall be a member in good standing of the Wyoming bar and shall serve at the pleasure of the attorney general. The assistants shall act under the direction of the attorney general and his deputies. The attorney general, his deputies or his assistants may appear in any courts of the state or the United States and prosecute or defend on behalf of the state. An appearance by the attorney general or his staff does not waive the sovereign immunity of the state.

(b)

With the approval of the
governor
five (5)
elected state
officials
the attorney general may appoint special assistant attorneys general for any purposes. A person shall not be employed as an attorney or legal counsel by any department, board, agency, commission or institution of the state, or represent the state in that capacity, except by the written appointment of the attorney general. Written appointment of the attorney general shall not be required for the employment of legal counsel by elected state officials.

9
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1
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611.

Division of criminal investigation; created; definitions; director; appointment; qualifications.

(c)

With the approval of the
governor
five (5) elected state officials
,
the attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.

9
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1
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633.

Wyoming law enforcement academy; director; appointment; term; qualifications; employees; salaries; curriculum and training programs; fees; disposition.

(a)

A director of the Wyoming law enforcement academy shall be appointed by the attorney general with the consent of the
governor
five (5) elected state officials
. The director shall serve at the pleasure of the attorney general. He shall have administrative and operational experience in criminal justice and such other qualifications as are satisfactory to the attorney general.

(b)

The director may employ assistants, instructors and other personnel as approved by the attorney general
.

with the consent of the governor.
The attorney general may appoint the director as a peace officer, if qualified pursuant to W.S. 9
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1
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701 through 9
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1
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707. The director may appoint full
‑
time staff instructors who qualify pursuant to W.S. 9
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1
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701 through 9
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1
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707 to perform as peace officers. Persons appointed as peace officers pursuant to this subsection shall be considered peace officers only:

9
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1
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636.

Division of victim services; created; appointment of director and deputy director; administrative and clerical employees; definitions.

(b)

With the approval of the
governor
five (5) elected state officials
, the attorney general shall appoint a director who is the chief administrative officer of the division. The director is responsible to the attorney general for the operation of the division and shall serve at the pleasure of the attorney general.

(c)

With the consent of the attorney general
,

and the governor,
and subject to legislative appropriation, the director may:

9
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4
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218.

Federal natural resource policy account created; purposes.

(a)

There is created within the special revenue fund an account known as the "federal natural resource policy account." Funds within the account may be expended by the governor on behalf of the state of Wyoming and its local governments, to take any of the actions specified in this subsection in response to federal land, water, air, mineral and other natural resource policies which may affect the tax base of the state, wildlife management, state species, recreation, private property rights, water rights or leasehold rights. Funds also may be expended for preparing and participating in environmental impact statements and environmental assessments, including analysis of economic or social and natural or physical environmental effects on the human environment. The governor may expend funds from the federal natural resource policy account for:

(iii)

Investigating, initiating, intervening or otherwise participating in litigation, or taking any other legal action, that furthers the purposes of this subsection. In carrying out this subsection, the attorney general, with approval of the
governor
five (5) elected state officials
, may retain qualified practicing attorneys to act for the state, including providing representation in other forums with the federal government or other state governments that may preclude or resolve any outstanding issues or attempting to influence pertinent federal legislation;

28
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12
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103.

Expiration date of appointees' terms.

Notwithstanding any other provision of law, effective July 1, 1979, after the expiration of the current term of office of each person appointed by the governor and required to be confirmed by the senate, the next term of that office expires on March 1 during the year of regular expiration. Thereafter, each term, as specified in this section, and each term of office on any board, commission or committee created by the laws of this state after July 1, 1979, and for which senate confirmation is required, expires on March 1 during the year of regular expiration.
Notwithstanding the provisions of this section, the term of an attorney general serving pursuant to W.S. 9
‑
1
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601(b) shall terminate as provided by that subsection.

35
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7
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1004.

Personnel to administer provisions.

The attorney general by and with the consent of the
governor
five (5) elected state officials
may employ such personnel as necessary to administer this act. Such personnel shall serve at the pleasure of the attorney general at such compensation as may be approved by the Wyoming personnel division. Said personnel shall be assigned such duties as may be necessary to assist the commissioner in the performance of his responsibilities under this act for the efficient operation of the work of the office.

Section 2.
W.S. 9
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1
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601(b) is repealed.

Section 3.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0299