Senate confirmation of supreme court justices-2.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0696

HOUSE JOINT RESOLUTION
NO.
HJ0010

Senate confirmation of supreme court justices-2.

Sponsored by:
Representative(s) Childers and Senator(s) Jennings

A BILL

for

A JOINT RESOLUTION proposing to amend the Wyoming Constitution relating to the judicial department; providing that the appointment of justices of the Wyoming supreme court be done with the consent of the senate; providing for the designation of acting supreme court justices by the chief justice of the supreme court; and providing conforming amendments.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.

The following proposal to amend Wyoming Constitution, Article 5, Section 4(a) and (b) is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 5, Section 4.

Supreme court generally; number; election of chief justice; quorum; vacancies in supreme court or district court; judicial nominating commission; terms; standing for retention in office.

(a)

The supreme court of the state shall consist of not less than three nor more than five justices as may be determined by the legislature. The justices of the court shall elect one of their number to serve as chief justice for
such
a
term and with
such
authority as shall be prescribed by law. A majority of the justices shall constitute a quorum, and a concurrence of a majority of such quorum shall be sufficient to decide any matter. If a justice of the supreme court for any reason shall not participate in hearing any matter
or a vacancy in the office of justice exists
, the chief justice may designate one of the district judges to act for
such
the
nonparticipating justice
or temporarily occupy the vacant office for not longer than one (1) year
.

(b)

A vacancy in the office of justice of the supreme court
or judge of any district court or of such other courts that may be made subject to this provision by law,
shall be filled by a qualified person appointed by the governor
and confirmed by the senate, while a judge of any district court or other courts that are subject to this provision by law shall be filled by a qualified person appointed by the governor. Any appointment shall be made
from a list of three nominees that shall be submitted by the judicial nominating commission. The commission shall submit
such
a list not later than 60 days after the death, retirement, tender of resignation, removal, failure of an incumbent to file a declaration of candidacy
,

or
certification of a negative majority vote on the question of retention in office under
section
subsection
(g) hereof
, or adjournment of a legislative session at which an appointment was not confirmed
. If the governor shall fail to make any
such
appointment within 30 days from the day the list is submitted to him,
such
the
appointment shall be made by the chief justice from the list within 15 days
, subject to senate confirmation for appointment of a supreme court justice
.

Section 2.

That the Secretary of State shall endorse the following statement on the proposed amendment:

The adoption of this amendment would require Supreme Court justices appointed by the Governor be confirmed by the Senate, and allow the Chief Justice of the Supreme Court to temporarily designate district judges to fill vacancies on the Supreme Court for not longer than one (1) year.

(END)

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