Judges of first class cities-retention elections.

2017
STATE OF WYOMING
17LSO-0412
Introduced
1.4

HOUSE BILL

NO.

HB0089

Judges of first class cities-retention elections.

Sponsored by:
Representative(s) Pelkey and Barlow and Senator(s) Case and Von Flatern

A BILL

for

AN ACT relating to municipal judges of first class cities; setting a term of office for municipal judges of first class cities; amending the procedure for removing municipal judges of first class cities; providing retention elections for municipal judges of first class cities; modifying the powers of municipal governing bodies and mayor; making conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 15
‑
11
‑
107 is created to read:

15
‑
11
‑
107
.

Municipal judges of first class cit
ies
; retention election.

The continued service of municipal judges of first class cities shall be subject to the vote of municipal electors at retention elections as provided by W.S. 5
‑
6
‑
104 and the Wyoming Election Code.

Section 2
.

W.S. 5
‑
6
‑
104, 15
‑
1
‑
103(a)(xxxvii)(D),
15
‑
3
‑
204(a) and (b)(intro),
15
‑
4
‑
104(b), 22
‑
2
‑
105(a)(ii)(intro) and by creating a new subparagraph (C), 22
‑
6
‑
125(a)
by creating a new paragraph (vi) and by renumbering (vi) through (xiv) as (vii) through (xv)
, 22
‑
6
‑
126, 22
‑
16
‑
116 and 22
‑
16
‑
121(b) are amended to read:

5
‑
6
‑
104
.

Term of office;
retention of municipal judges of first class cities;
compensation.

(a)

Except as provided in subsection (b) of this section, t
he terms of municipal judges shall be the same as the terms of other appointed officers of the city or town, unless earlier removed for good cause as provided by law.

(b)

The terms of municipal judges of first class cities shall be four (4) years. As provided in article 5, section 4 of the Wyoming Constitution, municipal judges of first class cities shall serve for one (1) year after their appointment and until the first Monday in January following the next general election after the expiration of that year. At that general election, each municipal judge of a first class city shall stand for retention in office in the first class city wherein the judge was appointed. If retained at that election and upon filing a declaration of candidacy with the municipal clerk, a municipal judge of a first class city shall at the general election next held before the expiration of each term
,
stand for retention
.

(c)

Compensation
of municipal judges

shall be prescribed by ordinance of the city or town.

15
‑
1
‑
103
.

General
powers
of governing bodies.

(a)

The governing bodies of all cities and towns may:

(xxxvii)

In addition to the appointed officers and employees provided by law, establish other positions as are necessary for the efficient operation of the city or town and:

(D)

Except for municipal judges of first class cities, s
pecify by ordinance that if any person is removed from office for incompetency, neglect of duty or otherwise for cause, the charges against that person shall be specified and the person removed shall be provided an opportunity for a hearing on the charges under procedures established in the ordinance;

15
‑
3
‑
204
.

Appointed officers; removal; conditions for appointive office or position.

(a)

Unless otherwise provided by ordinance, the clerk, treasurer, engineer, attorney, fire chief, police chief, municipal judges and department heads as specified by ordinance shall be appointed by the mayor with the consent of the governing body and
, except for municipal judges,
may be removed by the mayor. All other
appointments, except the appointment of members of a board or commission, and removals shall be made by the mayor without consent of the governing body unless consent is required by separate statute. The governing body shall determine the method of appointing members of a board or commission, unless the method of appointing such members is specified by separate statute.
Except for municipal judges, t
he mayor has the power to remove any officer appointed under W.S. 15
‑
1
‑
101 through 15
‑
10
‑
117 for incompetency or neglect of duty.

(b)

Except as provided by W.S. 5
‑
6
‑
104 for municipal judges, t
he governing body, by ordinance or resolution, may specify conditions for any office or position to which a person is appointed under this section including:

15
‑
4
‑
104
.

Officers and assistants; election and removal; vote required; duties.

(b)

Except for the removal of any municipal judge of a first class city, a
ny officer or assistant elected or appointed may be removed from office at any time by a
majority vote of the council, and their duties shall be fixed by ordinance.

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. The question of retention of a circuit court
judge
,

or
a magistrate of the circuit
court
or a municipal
court
judge of a first class city

shall be submitted:

(C)

For a municipal
court
judge of a first class city, to the electorate of the first class city wherein the judge serves.

22
‑
6
‑
125
.

Order of offices and ballot propositions on nonpartisan ballots.

(a)

The nonpartisan ballot shall contain the offices and ballot propositions to be voted on in the following order:

(vi)

Retention
of municipal court judges of first class cities;

(vi)
(vii)

Candidates for municipal offices;

(vii)
(viii)

Candidates for community college trustees;

(viii)
(ix)

Candidates for school board trustees;

(ix)
(x)

Candidates for special district directors;

(x)
(xi)

Candidates for other offices of county subdivisions;

(xi)
(xii)

Constitutional amendments;

(xii)
(xiii)

Initiative propositions;

(xiii)
(xiv)

Referendum propositions;

(xiv)
(xv)

Other ballot propositions.

22
‑
6
‑
126
.

Form of nonpartisan ballots.

(a)

The official nonpartisan ballot for a general election shall be printed in substantially the following form:

OFFICIAL NONPARTISAN ELECTION BALLOT
GENERAL ELECTION

County of ...., Election District ....,
Precinct ....
Date ....

(
here
print instructions)
CANDIDATES FOR PUBLIC OFFICE

For Justice(s) of the Supreme Court
(Here designate the particular
term
,

such as "regular eight (8)
year
term", or the "unexpired
term
of ....
years
").
Shall Justice John Roe be retained in office? Yes
No
□
□
Shall Justice Richard Roe be retained in office? Yes
No
□
□
___________________________________________________________

For Judge(s) of the District Court of
the ....
Judicial District
(Here designate the particular term,
such
as "regular six (6) year term",
or
the "unexpired term of ....
years
").
Shall Judge Jane Roe be retained in office?

Yes
No
□
□
Shall
Judge
Richard Roe be retained in office?
Yes

No
□
□
___________________________________________________________

For Circuit Court Judge
(Here designate the particular
term
, such as "regular four year term",
or
the "unexpired term of ....
years
").
Shall
Judge
John Roe be retained in office?
Yes
No
□
□
Shall
Judge
Richard Roe be retained in office?

Yes
No
□
□
_
__________________________________________________________

For Magistrate
(Here designate the particular term,
such
as "regular four (4) year term",
or
the "unexpired term of ....
years
").
Shall Magistrate John Doe be retained in office?

Yes No

□

□
Shall Magistrate Richard Roe be retained in office? Yes

No

□

□
___________________________________________________________

For Municipal Judges
of First Class Cities
(Here designate the particular term,
s
uch
as "regular four (4) year term",
or
the "unexpired term of ....years").
Shall Judge Jane Doe be retained in office? Yes No
□

□
Shall Judge Richard Roe be retained in office? Yes

No
□

□

Align all designations of office to correspond on the ballot with the listing of names of candidates for the proper office and term.
___________________________________________________________

BALLOT PROPOSITIONS

Proposed Constitutional Amendment Letter A:
For Against
(Ballot Statement)
□

□
Proposed Initiative Proposition Number One:
For Against
(Ballot Statement)
□

□
Proposed Referendum Proposition Number One:
For Against
(Ballot Statement)
□

□
Other Ballot Propositions:
For Against
(Ballot Statement
For
Each Proposition)
□

□

(b)

The official nonpartisan ballot for a primary election shall be so identified in the title and shall omit all references to justices of the
supreme court
, judges of the district court
,

and
circuit court judges

and municipal court judges of first class cities
but otherwise shall be in the same form as the general election nonpartisan ballot.

22
‑
16
‑
116
.

Statewide abstract; discrepancies with county abstracts.

From the unofficial tabulations delivered directly to his office, the secretary of state shall tabulate a statewide abstract by counties of votes for president and vice
‑
president, state officers, justice of the supreme court, United States senator, representative in congress, district court judges, circuit court judges,

municipal
court
judges of first class cities,
members of the state legislature and the votes for and against ballot propositions voted on by electors of a district larger than a county. The
unofficial tabulation
shall then be reconciled to the official abstracts of the county canvassing boards and the secretary of state shall prepare the state abstract from the official county abstracts.

22
‑
16
‑
121
.

Certificates of nomination and election following state or county canvass.

(b)

The governor shall issue a certificate of election to a candidate duly elected to an office to be filled by electors of the state, district court judges, circuit court judges and members of the state legislature. The county clerk shall issue a certificate of election to
each candidate duly elected to a county or precinct office in the county
,

and
to members elected to boards of trustees of special districts, school or community college districts
,

and

to
city or town councils

and to municipal
court
judges of first class cities
.

Section

3
.

This
act is effective July 1,
201
7
.

(END)

1
HB0089