Election of judges and justices.

26LSO-0417
2026
STATE OF WYOMING
26LSO-0417
Numbered
2.0

House Joint Resolution NO. HJ0006

Election of judges and justices.

Sponsored by: Representative(s) Schmid, Brady, Brown, G, Hoeft and McCann

A JOINT RESOLUTION

for

A JOINT RESOLUTION to amend the Wyoming Constitution to provide for the election of judges and justices and to repeal conflicting constitutional provisions concerning the selection and retention of judges and justices.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF WYOMING,
two-thirds of all the members of the two houses, voting separately, concurring therein:

Section 1.

The following proposal to amend Article 5, Sections 4(b), (g) and (h), 19, 21 and 27 of the Wyoming Constitution is proposed for submission to the electors of the State of Wyoming at the next general election for approval or rejection to become valid as a part of the Constitution if ratified by a majority of the electors at the election:

Article 5, Section 4.

Supreme court generally; number; election of chief justice; quorum; vacancies in supreme court or district court; terms; election.

(b)

A vacancy in the office of justice of the supreme court or judge of any district court or of such other courts that may be made subject to this provision by law, shall be filled by a qualified person
appointed by the governor from a list of three nominees that shall be submitted by the judicial nominating commission. The commission shall submit such a list not later than 60 days after the death, retirement, tender of resignation, removal, failure of an incumbent to file a declaration of candidacy or certification of a negative majority vote on the question of retention in office under section [subsection] (g) hereof. If the governor shall fail to make any such appointment within 30 days from the day the list is submitted to him, such appointment shall be made by the chief justice from the list within 15 days
selected at the next general election by the electors of the state for the office of justice of the supreme court or other statewide judicial office or by the electors of the judicial district for judges of the district court and any other judicial office that is not statewide
.

(g)

Each justice or judge
selected
elected
under these provisions shall serve
for one year after his appointment and
until the first Monday in January following the next general election after the expiration of
such year. He shall, at such general election, stand for retention in office on a ballot which shall submit to the appropriate electorate the question whether such justice or judge shall be retained in office for another term or part of a term, and upon filing a declaration of candidacy in the form and at the times prescribed by law, he shall, at the general election next held before the expiration of each term, stand for retention on such ballots
the justice's or judge's term
. The electorate of the whole state shall vote on the
question of retention or rejection
election
of justices of the supreme court, and any other statewide court; the electorate of the several judicial districts shall vote on the
question of retention or rejection
election
of judges of their respective districts, and the electorate of such other subdivisions of the state as shall be prescribed by law shall vote on the
question of retention or rejection
election
of any other judges
to which these provisions may be extended
of other subordinate courts created under this article
.

(h)

A justice or judge
selected
elected
hereunder, or
one
a justice or judge
that is in office upon the effective date of this amendment, who shall desire to retain his judicial office a succeeding term, following the expiration of his existing term of office,
or any other qualified person seeking the office of justice or judge for the next term,
shall file with the appropriate office not more than
6
six (6)
months nor less than
3
three (3)
months before the general election to be held before the expiration of his existing term of office a declaration of intent to stand for election
.

for a succeeding term.
When
such
a declaration of intent is filed, the appropriate electorate shall vote upon a nonpartisan judicial ballot on the
question of retention in or rejection from office
election
of
such
the
justice or judge
, and if a majority of those voting on the question vote affirmatively, the justice or judge shall be elected to serve the succeeding term prescribed by law. If a justice or judge fails to file such a declaration within the time specified, or if a majority of those voting on the question vote negatively to any judicial candidacy, a vacancy will thereby be created in that office at the end of its existing term

from a list of all qualified candidates who file under this subsection
.

Article 5, Section 19.

State divided into districts; election and terms of judges.

(a)

Until otherwise provided by law, the state shall be divided into three judicial districts, in each of which there shall be elected at general elections, by the electors thereof, one judge of the district court therein, whose term shall be six (6) years from the first Monday in January succeeding his election
.
and until his successor is duly qualified.

(b)

Justices of the supreme court and judges of other courts created in accordance with this article shall be elected at general elections in accordance with this article and as provided by law.

Article 5, Section 21.

Increase in number of districts and judges.

The legislature may from time to time increase the number of said judicial districts and the judges thereof, but such increase or change in the boundaries of the district shall not work the removal of any judge from his office during the term for which he may have been elected
,

or appointed;
provided the number of districts and district judges shall not exceed four (4) until the valuation of taxable property in the state shall be equal to one hundred million ($100,000,000) dollars.

Article 5, Section 27.

Judges of supreme and district courts shall not hold other office.

No
judge
justice
of the supreme
court
or
judge of the
district court shall be elected or appointed to any other
office other
than judicial offices or be eligible
thereto
for appointment to any other office
during the term for which
he
the justice or judge
was elected
to a judicial office.
or appointed such judge.

Section 2.

Article 5, Section 4(c) through (e) of the Wyoming Constitution is repealed.

Section 3.

That the Secretary of State shall endorse the following statement on the proposed amendment:

Currently, justices of the Wyoming Supreme Court and judges of the Wyoming judicial branch are selected through a process by which three (3) qualified persons are selected by a judicial nominating commission, who forwards the names of the three (3) qualified persons to the governor for appointment. Justices and judges then stand for a retention vote on a nonpartisan ballot during general elections immediately preceding the expiration of the judicial term.

This constitutional amendment would provide for the election of all justices and judges at general elections for specified terms and would repeal the judicial nominating commission and the requirement that judges and justices stand for retention. Justices and judges in office would be required to stand for reelection if they desire to seek another term in judicial office.

(END)

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