SF0011 • 2013

Circuit court magistrates.

AN ACT relating to magistrates of the circuit court; eliminating mandatory full-time magistrates; requiring supreme court to determine necessity of full-time magistrate; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Judiciary
Last action: 2013-03-14
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

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Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0011HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

SF0011SS001

Standing Committee • SCHIFFER

Adopted

Plain English: Adopted Standing Committee by SCHIFFER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-03-14 LSO
Assigned Chapter Number
2013-03-13 Governor
Governor Signed SEA No. 0038
2013-02-22 House
H Speaker Signed SEA No. 0038
2013-02-20 Senate
S President Signed SEA No. 0038
2013-02-19 LSO
Assigned Number SEA0038
2013-02-19 Senate
S Did Concur
2013-02-15 Senate
S Received for Concurrence
2013-02-15 House
H Passed 3rd Reading
2013-02-14 House
H Passed 2nd Reading
2013-02-13 House
H Passed CoW
2013-02-13 House
H Amendments Adopted
2013-02-13 House
Amendment Adopted
2013-02-07 House
H Placed on General File
2013-02-07 House
H01 Recommended Amend and Do Pass
2013-01-28 House
H Introduced and Referred to H01
2013-01-18 House
H Received for Introduction
2013-01-17 Senate
S Passed 3rd Reading
2013-01-16 Senate
S Passed 2nd Reading
2013-01-15 Senate
S Passed CoW
2013-01-15 Senate
S Amendments Adopted
2013-01-15 Senate
Amendment Adopted
2013-01-14 Senate
S Placed on General File
2013-01-14 Senate
S01 Recommended Amend and Do Pass
2013-01-08 Senate
S Introduced and Referred to S01
2013-01-08 Senate
S Received for Introduction
2012-11-30 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
SF0011
Drafter:

LNS

LSO No.:
13LSO-0198
Effective Date:

7/1/2013

Enrolled Act No.:
SEA0038

Chapter No.:
CH0126

Prime Sponsor:
Joint Judiciary Interim Committee

Catch Title:
Circuit court magistrates.

Subject:
Mandatory full-time magistrates.

Summary/Major
Elements:

Currently, if a
circuit court judge does not reside in a county, a full-time circuit court
magistrate must be appointed.

This
act eliminates the mandatory requirement that a full-time magistrate be
appointed.

Under this act,
when the office of a full-time magistrate becomes vacant, the Supreme Court
will determine whether a full-time magistrate is necessary.

The
Supreme Court is to consult with the board of county commissioners in making
its determination.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0011

ENROLLED ACT NO. 38, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
ma
gistrates of the circuit court; eliminating mandatory full-time magistrates;
requiring supreme court t
o determine necessity
of
full-time magistrate;
and providing for an effective date.

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

Section 1.

W.S. 5
‑
9
‑
206 and 5
‑
9
‑
207 are amended to read:

5
‑
9
‑
206.

Full
‑
time magistrates; selection.

(a)

In every county receiving the services of a circuit court and wherein a circuit court judge does not reside, there
shall

may
be one (1) full
‑
time magistrate who shall meet the qualifications under W.S. 5
‑
9
‑
201.

(b)

Upon determination by the supreme court
after
consultation with the appropriate board of county commissioners,
that a full-time magistrate is necessary,

a
ll of the circuit judges whose circuit includes the county together shall agree upon a person to fill the office of
a full-time

magistrate under subsection (a) of this section. The name of the agreed upon person shall be submitted for approval or rejection to the board of county commissioners of the county wherein the
full-time

magistrate will serve. Upon approval by the board, the circuit court shall appoint the person as a magistrate as provided in W.S. 5
‑
9
‑
202.

(c)

When a vacancy occurs in the office of a full-time magistrate, the
s
upreme
c
ourt shall determine
whether a
full
-time magistrate
shall be appointed.
In making its determination, t
he supreme court shall take into account whether
one (1) or more
part-time magistrate
s
will sufficiently meet the needs of the county.
If the supreme
court
after consultation with the appropriate board of county commissioners,
determines that a full-time magistrate shall not be appointed,
one (1) or more
part-time magistrate
s

shall
be appointed as provided in W.S. 5
‑
9
‑
210.

5
‑
9
‑
207.

Full
‑
time magistrates; term of office; retention; removal.

(a)

The term of office of each
full-time

magistrate selected under W.S. 5
‑
9
‑
206 and appointed under W.S. 5
‑
9
‑
202 shall be four (4) years. The magistrate shall serve for one (1) year after that person's appointment and until the first Monday in January following the next general election after the expiration of that year.

(b)

At the general election, the
full-time

magistrate
shall stand for retention in office in the county wherein the magistrate was appointed. Irrespective of any vote of the electorate whereby the magistrate is retained in office, the circuit judges of the circuit by unanimous vote may remove the magistrate.

Section 2.

Th
is act is effective July 1, 2013
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk