County and prosecuting attorney appointment.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0411

HOUSE BILL
NO.
HB0088

County and prosecuting attorney appointment.

Sponsored by:
Representative(s) Madden and Senator(s) Burns and Case

A BILL

for

AN ACT relating to
county and prosecuting attorneys; providing for the appointment or election of county and prosecuting attorneys; specifying circumstances when election is required; providing conforming amendments; providing for continuity of the terms of currently elected county and prosecuting attorneys;
and providing for an effective date.

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

Section 1.

W.S. 18
‑
3
‑
306 is created to read:

18
‑
3
‑
306.

Proposition to appoint county and prosecuting attorney.

(a)

From and after the first Monday in January, 2014, each county and prosecuting attorney may be appointed by the county commissioners in the respective counties if a proposition for the appointment of the county and prosecuting attorney is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of appointment.

(b)

The proposition for appointment of a county and prosecuting attorney sha
l
l, insofar as is consistent with the general purposes of this section, be conducted in accordance with W.S. 18
‑
3
‑
501(c) and (d). Immediately upon certification of election results the county clerk shall notify the secretary of state of the election results.

(c)

If the proposition to appoint a county and prosecuting attorney is approved by the electors, the board of county commissioners shall appoint a person meeting the qualifications of W.S. 18
‑
3
‑
3
01(a)
to the office for a term of one (1) year. The person may be reappointed on a year-to-year basis and may be removed by the board of county commissioners for cause.

(d)

Each county and prosecuting attorney who is appointed pursuant to a proposition conducted under subsections (a) and (b) of this section, may be elected in the respective county if a proposition for the election of the county and prosecuting attorney is submitted to a vote of the qualified electors of the county and a majority of those casting their ballots vote in favor of election. The proposition to elect the county and prosecuting attorney shall be conducted in the same manner provided in subsections (a) and (b) of this section.

(e)

Nothing in this section shall
a
ffect the term of office of any county and prosecuting attorney who was duly elected.

Section 2.

W.S. 18
‑
3
‑
301 and 22
‑
2
‑
105(a)(ii)
(intro)
are amended to read:

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 there shall be elected
or appointed by the county commissioners
in each
county a county and prosecuting attorney who at the time of his nomination and election
or appointment
and during his term of office, shall be a member of the bar of this state. A copy of his certificate of election

or appointment
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

or appointed by a majority vote of the members of the boards of county commissioners
of all the counties within the consolidated area
.

The commissioners' vote shall be
weighted so that the total vote of the commissioners of each county
is
equal
.

22
‑
2
‑
105.

Terms of office and offices voted on at general elections.

(a)

The terms of office and offices voted on at general elections are as follows:

(ii)

Four Year Term. - At the general election in 1974 and in every fourth (4th) year thereafter, there shall be elected the following officers: one (1) governor, one (1) secretary of state, one (1) state treasurer, one (1) state auditor, one (1) superintendent of public instruction, county clerks, county treasurers, county assessors, county coroners, county and prosecuting attorneys

provided the county and prosecuting attorney is not required to be appointed as provided by W.S. 18
‑
3
‑
306
, district attorneys, sheriffs, clerks of the district court. At every general election there shall be elected the necessary member or members of the
Wyoming
senate and county commissioners. The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:

Section
3
.

This act is effective July 1, 2013.

(END)

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HB0088