District and prosecuting attorneys-bar license requirement.

Plain English Breakdown

Checked against official source text during the last sync.

District and Prosecuting Attorneys Must Be Licensed Lawyers

This law requires district attorneys and county-and-prosecuting attorneys to be licensed lawyers and members of good standing with the Wyoming State Bar throughout their terms of office.

What This Bill Does

• Requires each district attorney to be a licensed lawyer and in good standing with the Wyoming State Bar for the entire term of their office.
• Clarifies that county-and-prosecuting attorneys must also be members of the state bar in good standing during their term of office.
• Specifies that these requirements apply to all new terms starting on or after July 1, 2023.

Who It Names or Affects

• District attorneys
• County-and-prosecuting attorneys

Terms To Know

Licensed attorney

A lawyer who has passed the bar exam and is allowed to practice law in Wyoming.

Member in good standing

An attorney who meets all requirements set by the state bar association, including paying dues and following ethical rules.

Limits and Unknowns

• The act only applies to new terms starting on or after July 1, 2023.
• It does not affect current district attorneys or county-and-prosecuting attorneys whose terms began before this date.

Official Summary Text

Bill Summary - 23LSO-0097
Bill No.:

SF0025

Effective:

7/1/2023

LSO No.:

23LSO-0097

Enrolled Act No.:

SEA No. 0029

Chapter No.:

54

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

District and prosecuting attorneys-bar license requirement.

Subject:

Requiring district attorneys and county-and-prosecuting attorneys to be licensed members of the state bar during their terms of office.

Summary/Major Elements:

Current law requires each district attorney to be a licensed attorney and in good standing with the Wyoming State Bar immediately prior to the attorney's election. Similarly, county-and-prosecuting attorneys must be a member of the state bar at the time of nomination and election and during the attorney's term.

This act provides that district attorneys must be licensed members of the state bar and in good standing with the bar throughout the attorney's term of office.

The act clarifies that county-and-prosecuting attorneys must be members in good standing with the state bar during the attorney's term of office.

The act applies to each district attorney and county-and-prosecuting attorney whose term of office begins on and after July 1, 2023.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0097

ORIGINAL Senate

File No
.
SF0025

ENROLLED ACT NO. 29,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to district and county and prosecuting attorneys; requiring each district attorney and county and prosecuting attorney to be a licensed attorney and a member in good standing with the Wyoming state bar during the term of office for which the district attorney or county and prosecuting attorney was elected or appointed; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
1
‑
802(b) and 18
‑
3
‑
301(a) are amended to read:

9
‑
1
‑
802.

Election; term; qualifications; full
‑
time; private practice prohibited; exception; salary; vacancies.

(b)

Each district attorney shall have been a licensed attorney for at least four (4) years and a member in good standing of the Wyoming state bar immediately prior to his election.
Each district attorney shall be a licensed attorney and a member in good standing of the Wyoming state bar throughout the term of office for which the district attorney was elected or appointed.

18
‑
3
‑
301.

Office created; qualifications; certificate of election; counties empowered to consolidate.

(a)

In judicial districts in which the office of district attorney has not been created there shall be elected in each county a county and prosecuting attorney who at the time of his nomination and election and during his term of office, shall be a member
in good standing
of the bar of this state. A copy of his certificate of election and oath shall be filed by the county and prosecuting attorney with the clerk of the district court for his county or counties. In those judicial districts in which the office of district attorney has been created the county commissioners shall appoint an attorney to the office of county attorney for a term of one (1) year, who may be reappointed on a year
‑
to
‑
year basis. The county commissioners may remove the county attorney for cause.

Section 2.

This act shall apply to each district attorney and county and prosecuting attorney whose term of office begins on and after the effective date of this act.

Section 3
.

This act is effective July 1, 2023
.

(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

1