HB0153 Review of circuit court magistrate positions.

Review of circuit court magistrate positions.

AN ACT relating to courts; authorizing the supreme court to review and eliminate previously created full-time magistrate positions as specified; providing factors for review; requiring consultation with the appropriate board of county commissioners; making a conforming amendment; and providing for an effective date.

Plain English Breakdown

The bill did not pass, so its specific impacts are speculative at this time.

Review of Circuit Court Magistrate Positions

The bill allows the Supreme Court to review and eliminate full-time magistrate positions in Wyoming's circuit courts.

What This Bill Does

Gives the Supreme Court the power to decide if a full-time magistrate position is needed based on factors like caseload and available resources.

Requires the Supreme Court to consult with county commissioners before making decisions about full-time magistrate positions.

Allows for the elimination of full-time magistrate positions if they are no longer necessary, as determined by the Supreme Court after consultation.

Who It Names or Affects

The Supreme Court

County commissioners

Circuit court magistrates

Terms To Know

Magistrate

A judicial officer who handles certain types of cases, such as traffic violations and small claims.

Caseload

The number of cases a magistrate is responsible for handling.

Limits and Unknowns

The bill did not pass in the session it was introduced.

It does not specify how many full-time positions might be affected or what resources are available to replace them if needed.

The exact impact on county budgets and judicial services is unclear.

Amendments

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

HB0153HW001

Committee of the Whole • Representative Clausen

Adopted

Plain English: The amendment requires that any changes to circuit court magistrate positions must be agreed upon by both the Supreme Court and the local Board of County Commissioners.

Adds a requirement for the Supreme Court to consult with and get concurrence from the appropriate board of county commissioners when reviewing and eliminating full-time magistrate positions.

The amendment does not specify what happens if there is disagreement between the Supreme Court and the Board of County Commissioners.

Bill History

2021-03-22 House

H COW:H Did not consider for COW

2021-03-19 House

H COW:Rescind original vote pursuant to HR 11-5 Passed 21-23-16

2021-03-19 House

H COW:Failed 23-23-14-0-0

2021-03-05 House

H Placed on General File

2021-03-05 House

H01 - Judiciary:Recommend Do Pass 7-2-0-0-0

2021-03-02 House

H Introduced and Referred to H01 - Judiciary

2021-03-01 House

H Received for Introduction

2021-02-26 LSO

Bill Number Assigned

Current Bill Text

Read the full stored bill text

21LSO-0601
2021
STATE OF WYOMING
21LSO-0601
Numbered
2.0

HOUSE BILL NO. HB0153

Review of circuit court magistrate positions.

Sponsored by: Representative(s) Stith and Olsen and Senator(s) Kost and Nethercott

A BILL

for

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

Section 1
.

W.S. 5
‑
9
‑
206(c), 5
‑
9
‑
207(b) and by creating a new subsection (c) are amended to read:

5
‑
9
‑
206.

Full
‑
time magistrates; selection.

(c)

When a vacancy occurs in the office of a full
‑
time magistrate
and in accordance with W.S. 5
‑
9
‑
207(c)
, the supreme court shall determine whether a full
‑
time magistrate shall be appointed. In making its determination, the supreme court shall take into account whether one (1) or more part
‑
time magistrates 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 magistrates
shall
may
be appointed as provided in W.S. 5
‑
9
‑
210.

5
‑
9
‑
207.

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

(b)

At the general election, the full
‑
time magistrate shall stand for retention in office in the county wherein the magistrate was appointed.
No retention vote shall be held under this subsection if the supreme court determines that the full
‑
time magistrate position is no longer
necessary as provided under subsection (c) of this section.
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.

(c)

Before any appointment or reappointment of a full
‑
time magistrate for a full
‑
time magistrate office established in accordance with W.S. 5
‑
9
‑
206(b) and after consultation with the appropriate board of county commissioners, the supreme court shall review the need for the full
‑
time magistrate in the affected county. If the supreme court determines that a full
‑
time magistrate is no longer necessary, the supreme court shall issue an order eliminating the full
‑
time magistrate position and cause a certified copy of the order to be filed with the affected circuit court, which shall be evidence of the elimination in all courts of this state. In making a determination under this subsection, the supreme court shall evaluate the caseload of the full
‑
time magistrate being reviewed, consider other resources available for delivering judicial services in the affected county and consider any other factors as the supreme court deems appropriate. Nothing in
this subsection shall be construed to prohibit a determination that an eliminated full
‑
time magistrate is again necessary under W.S. 5
‑
9
‑
206(b), nor prohibit the appointment of a part
‑
time magistrate in accordance with W.S. 5
‑
9
‑
210.

Section 2
.

This act is effective July 1, 2021
.

(END)

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HB0153