Attorney general.

2017
STATE OF WYOMING
17LSO-0146
Introduced
1.2

SENATE FILE

NO.

SF0128

Attorney general.

Sponsored by:
Senator(s) Meier and Bouchard and Representative(s) Gray

A BILL

for

AN ACT relating to administration of government; providing for the appointment of the attorney general as specified; providing for confirmation and term of the attorney general; modifying duties of the attorney general; providing for representation and advising of state entities by the attorney general; modifying role of the governor as it relates to the office of the attorney general; and providing for effective dates.

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

Section 1
.

W.S. 1
‑
31
‑
103, 9
‑
1
‑
601(
a), 9
‑
1
‑
602, 9
‑
1
‑
603(a)(v), (vi)
,
by creating a new paragraph (x)
and
(b), 9
‑
1
‑
608(a) and (b)
and
9
‑
1
‑
636(b) and (c)
(intro)
are amended to read:

1
‑
31
‑
103
.

Commencement of action.

The attorney general or a county attorney shall commence an action when directed by the governor,
supreme court
, a majority vote of the elected state officials at a meeting called for the purpose,
or legislature, or when upon complaint or otherwise he has good reason to believe that such an action can be established by proof.

9
‑
1
‑
601
.

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

(a)

The attorney general of the state of Wyoming shall be appointed by
the governor

majority vote of the elected
state
officials
from a list of at least three (3) qualified candidates submitted by the
supreme court
. The
appointment shall be
made at a meeting of all elected state officials conducted for that purpose and shall be

wi
th the advice and consent of the senate in accordance with
W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103
and
with
t
he
elected state officials
by majority vote
fulfilling the duties of the
governor under those provisions.
The
supreme court
shall submit the list of candidates to the
elected state officials
not later than the first day of the legislative budget session at which the appointment is to be considered by the senate.
The attorney general shall serve a term of six (6) years and may be reappointed
.
The attorney general

may be removed
by the governor

as provided in W.S. 9
‑
1
‑
202

for cause by a vote of a majority of the

elected state officials
at a meeting attended by all
the elected state officials
.

9
‑
1
‑
602
.

Vacancy in office.

In case of a vacancy in the office of attorney general the

governor
supreme court
shall submit a list of at least three (3) qualified candidates to the
elected state officials
within thirty (30) days of receiving notification by the
elected state officials

that
a vacancy exists.

The
elected state officials
s
hall appoint a qualified person to fill the vacancy in accordance with the provisions of W.S. 28
‑
12
‑
101(
b)

with the
officials
fulfilling the duties of the governor
.

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; coordination of county and school safety activities.

(a)

The attorney general shall:

(v)

Be the legal adviser of all elective and appointive state officers and of the county and district attorneys of the state
. The attorney general shall render advice as requested by elective and appointive state officers
, including the head of any state agency, board, commission or other state entity. If an agency, board, commission or other state entity acts contrary to written advice provided by the office of the attorney general, the attorney general may decline to represent the agency, board, commission or other state entity further in the matter if he determines in his sole discretion to do so would be in the best interest of the state
;

(vi)

When
requested, give written opinions upon questions submitted to him by
:

(A)

E
lective and appointive state officers
.

and
by either branch of the legislature
Requests by any legislator, legislative committee or legislative body shall be submitted in accordance with subparagraphs (B) through (D) of this paragraph;

(B)

Any legislator, legislative committee or legislative body
, when in session
in accordance with the rules of each house
;

(C)

When the legislature is not in session:

(I)

The
management council by a majority vote of the members of each house present;

(II)

A joint interim committee by
a
majority vote
of the committee, a majority
of the members of each house present.

(D)

Any legislator involving a potential personal conflict of interest or other specific factual personal ethical issue confronting the legislator in his
legislative capacity and relating to application of Wyoming law to the specific fact situation.

(x)

In conjunction with the agency, board, commission or other state entity having substantive jurisdiction over the matter
,

coordinate
all actions
of
an agency, board, commission or other state entity which extend beyond the boundaries of the state. The entity having substantive jurisdiction over the matter shall
maintain the final decision making authority to act on behalf of the state.

(b)

With the approval of the
governor

elected state officials
the attorney general may retain qualified practicing attorneys to prosecute fee
‑
generating suits for the state if expertise in a particular field is desirable.

9
‑
1
‑
608
.

Assistant attorneys general.

(a)

With the approval of the
governor

elected state officials
, the 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

elected state officials
the 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
‑
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

elected state officials
, the 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

elected state officials
, and subject to legislative appropriation, the director may:

Section
2
.

W.S. 9
‑
1
‑
601(
b) is repealed.

Section

3
.

(a)

The
provisions of W.S. 9
‑
1
‑
601 as amended in section 1 of this act shall be effective January 1, 2018 and the
procedures for the appointment of the attorney general appointed under the provisions of this act shall commence January 1, 2018
with
the term of the attorney general first appointed under the provisions of this act commenc
ing
March 1, 2018.

(b)

Except as provided in subsection (a) of this section t
his
act is effective
March 1, 2018
.

(E
ND)

1
SF0128