Attorney general-elected official.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0353

HOUSE BILL
NO.

HB0109

Attorney general-elected official.

Sponsored by:
Representative(s) Gay, Gingery, Halverson, Kroeker and Loucks

A BILL

for

AN ACT relating to
the attorney general; providing for the election of the attorney general; setting attorney general's term at four years; providing for filling a vacancy in the position; repealing provision for interim appointment; providing for application of ethics and disclosure act to the office of the attorney general; 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.
1
‑
35
‑
104,
9
‑
1
‑
601(a) and (c), 9
‑
1
‑
602, 9
‑
1
‑
603(b) and (c), 9
‑
1
‑
604, 9
‑
1
‑
605(b) through (d), 9
‑
1
‑
608(a) and (b), 9
‑
1
‑
611(c), 9
‑
1
‑
633(a), 9
‑
1
‑
636(b)

and
(c)(intro), 9
‑
13
‑
102(a)(xii)(A)
and
(xvi), 9
‑
13
‑
108(a)(intro),
9
‑
14
‑
101,
22
‑
2
‑
105(a)(ii)
(intro)
, 22
‑
6
‑
117(a)(iv), 28
‑
12
‑
103
,
35
‑
7
‑
1004
and 35
‑
11
‑
1507(a)
are amended to read:

1
‑
35
‑
104.

Actions under control of attorney general; settlement or compromise with approval of governor.

The attorney general shall control all investigations and
actions instituted and conducted in behalf of the state as provided in W.S. 1
‑
35
‑
103 and has
full discretionary powers to prosecute all investigations and litigation and
, with the approval of the governor,
to settle, compromise or dismiss the actions.

9
‑
1
‑
601.

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

(a)

Until the term of office commences for the general election in 2014, t
he attorney general of the state of Wyoming shall be appointed by the governor with the advice and consent of the senate in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103 and may be removed by the governor as provided in W.S. 9
‑
1
‑
202.
Beginning at the
general election in 2014, the attorney general shall be elected in a statewide election for a term of four (4) years.

(c)

Prior to his

To be eligible for
appointment
or election
, the attorney general shall have been a practicing attorney for at least four (4) years
,
.
At the date of appointment, he
shall be in good standing in the courts of record of this state and shall be a resident and elector of the state.

9
‑
1
‑
602.

Vacancy in office.

In case of a vacancy in the office of attorney general
appointed under W.S. 9
‑
1
‑
601(
a),
the governor shall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(b).
A vacancy in the office of an elected attorney general shall be filled as provided by W.S. 22
‑
18
‑
111. Appointments to fill a vacancy shall be subject to senate confirmation. If the senate fails to confirm the person appointed to fill the vacancy of an elected attorney general, the procedure specified in W.S. 22
‑
18
‑
111 shall be repeated and the governor shall
appoint a qualified person to fill the vacancy in accordance with provisions of W.S. 28
‑
12
‑
101(
b).

9
‑
1
‑
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
T
he
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

may
also
, upon direction of the governor,
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 and
to the district or county attorney of each county involved and may take such other action as he deems appropriate.

9
‑
1
‑
604.

Office in state capitol building; private practice prohibited; exception.

The attorney general shall keep an office in the state capitol building, shall not open an office elsewhere and shall not engage in any private practice except to consummate business pending at the time of his appointment
or election
if not in conflict with the duties of his office.

9
‑
1
‑
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

T
he
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. If the governor and the attorney general determine that the attorney general
should

may
institute a criminal or civil action
, the attorney general shall commence the action

as he determines appropriate
. The attorney general shall have the authority and duty vested in district attorneys in this state.

9
‑
1
‑
608.

Assistant attorneys general.

(a)

With the approval of the governor,
T
he
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,
T
he

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,
T
he

attorney general shall appoint a director who is the chief administrative officer and chief agent of the division.

9
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1
‑
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.

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.

9
‑
1
‑
636.

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

(b)

With the approval of the governor,
T
he

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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13
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102.

Definitions.

(a)

As used in this article:

(xii)

"Public employee" means any of the following state employees:

(A)

The attorney general

until the 2014 general election
and the director of any department of the
executive branch appointed by the governor under W.S. 9
‑
2
‑
1706, or the director of any legislative agency;

(xvi)

"State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of state
, attorney general after the 2014 general election
and member of the state legislature;

9
‑
13
‑
108.

Disclosure required.

(a)

Not later than January 31 annually, each of the state's five (5) elected
officials
,

and
each member of the Wyoming legislature

and after the 2014 general election the attorney general
shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. The financial disclosure form shall contain the following information current as of January 15 of that year:

9
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14
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101.

Second amendment defense.

The attorney general may seek to intervene or file an amicus curiae brief in any lawsuit filed in any state or
federal court in Wyoming, or filed against any Wyoming citizen or firm in any other jurisdiction for damages for injuries as a result of the use of fire arms that are not defective, if in his judgment, the action endangers the constitutional right of citizens of Wyoming to keep and bear arms. The attorney general is directed to advance arguments that protect the constitutional right to bear arms.

Before intervening in any lawsuit pursuant to this section, the attorney general shall obtain the approval of the governor.

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, 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.

At the general election in 2014 and every fourth year thereafter, there shall be elected a state attorney general.
The question of retention of a circuit court judge or a magistrate of the circuit court shall be submitted:

22
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6
‑
117.

Order of listing offices in partisan elections.

(a)

The major party primary and general partisan election ballots shall contain the offices to be voted on in the following order:

(iv)

Candidates
for governor, secretary of state, state auditor, state treasurer,

attorney general
and superintendent of public instruction;

28
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12
‑
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
‑
601(
b) shall terminate as provided by that subsection.

35
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7
‑
1004.

Personnel to administer provisions.

The attorney general
by and with the consent of the governor

m
ay 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.

35
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11
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1507.

Injunction proceedings; penalties.

(a)

When, in the opinion of the governor, a person is violating or is about to violate any provision of this article, the governor shall
direct

inform the attorney general and request
the attorney general to apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the activity. Upon a showing that the person has engaged, or is about to engage in the activity, the court may grant a permanent or temporary injunction, restraining order or other order.

Section 2.

W.S. 9
‑
1
‑
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)

1
HB0109