Courts-retired judges, constitutional cases and injunctions.

26LSO-0450
2026
STATE OF WYOMING
26LSO-0450
Numbered
2.0

SENATE FILE NO. SF0103

Courts-retired judges, constitutional cases and injunctions.

Sponsored by: Senator(s) Boner, Biteman, Crum, Dockstader, Hicks, Kolb, Salazar and Steinmetz and Representative(s) Haroldson, Heiner, Lawley, Lien, Neiman, Rodriguez-Williams, Singh and Washut

A BILL

for

AN ACT relating to courts; amending requirements for the assignment of retired judges and justices to active cases; specifying limitations on the assignment of retired justices and judges to service; specifying duties of the Wyoming supreme court; requiring the use of three (3) judge panels for district courts to resolve the constitutionality of statutes and session laws as specified; making conforming amendments; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 5
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3
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114 is created to read:

5
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3
‑
114.

Assignment of panels to resolve constitutional issues.

(a)

Upon written request of the attorney general or a district attorney, a panel of three (3) district judges shall be convened in accordance with this section for any case or action commenced in which the constitutionality of any statute or session law of this state is challenged. For purposes of this subsection, a challenge requiring the convening of a panel shall include any action challenging the constitutionality of a statute or session law in which an injunction restraining the enforcement, operation or execution of the statute or session law is sought.

(b)

Upon the filing of an action or case specified in subsection (a) of this section or upon a party raising an argument challenging the constitutionality of a statute or session law in a filed case or action, the clerk of the district court of the district in which the action or case is filed shall immediately notify the state court administrator.

(c)

The panel of district court judges for actions and cases specified in this section shall consist of:

(i)

One (1) district court judge of the district in which the action or case was filed;

(ii)

Two (2) district court judges from judicial districts other than the district in which the action or case was filed, selected at random by the state court administrator.

(d)

The judge with the most seniority of the three (3) selected judges shall serve as presiding judge of the panel. A majority of two (2) of the three (3) judges selected under this section shall be sufficient to render a decision in an action or case specified in this section.

(e)

For cases or actions commenced in which the constitutionality of any statute or session law of this state is challenged, no one (1) district court judge shall have the jurisdiction to issue a preliminary or permanent injunction to enjoin or restrain the enforcement, operation or execution of a statute or session law, provided that a district court judge may issue a temporary restraining order pending a hearing and determination by a panel convened under this section. A hearing on an injunction shall be held not later than thirty (30) days after the issuance of any temporary restraining order under this subsection.

(f)

The proceedings for any action or case subject to this section may be held in the judicial district in which the action or case was filed or may be conducted using electronic and video means in accordance with rules promulgated by the judicial conference of district judges created in W.S. 5
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3
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102(b).

(g)

Any appeal from an order or decision by a panel convened under this section shall be to the Wyoming supreme court in accordance with the Wyoming rules of appellate procedure.

Section 2.

W.S. 1
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28
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102, 1
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28
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103, 1
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37
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102 and 5
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1
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106(f) are amended to read:

1
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28
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102.

Causes for injunction; granting temporary order.

When it appears by the petition that the plaintiff is entitled to relief consisting of restraining the commission or continuance of some act the commission or continuance of which during the litigation would produce great or irreparable injury to the plaintiff, or when during the litigation it appears that the defendant is doing, threatens to do, or is procuring to be done some act in violation of the plaintiff's rights respecting the subject of the action and tending to render the judgment ineffectual, a temporary order may be granted restraining the act
, subject to W.S. 5
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3
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114
. The order may also be granted in any case where it is specially authorized by statute and by municipal ordinance adopted pursuant to W.S. 15
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1
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103(a)(xlvi).

1
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28
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103.

When and by whom granted.

The injunction may be granted at the time of commencing the action, or at any time before judgment, by the district court or a judge thereof
or a panel of judges convened under W.S. 5
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3
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114
, or in the absence from the county of the judge, by the court commissioner of the county, when it appears by affidavit of the plaintiff or his agent that the plaintiff is entitled thereto. When an injunction has been vacated during the pendency of the action in the district court, and an appeal is taken to the supreme court from the judgment or final order after trial in the district court, an injunction may be granted at any time before judgment or final order in the supreme court by a judge of the supreme court, when it appears to the court or judge by affidavit of the party or his agent that the party is entitled thereto. Upon like proof, an injunction may also be allowed by the supreme or district court or by a judge of either as a temporary remedy, during the pendency of a case on error or appeal.
Any injunction entered in an action or case in which the constitutionality of a statute or session law is challenged shall be entered in accordance with W.S. 5
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3
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114.

1
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37
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102.

Scope and general consideration.

(a)

Courts of record within their respective jurisdictions may declare rights, status and other legal relations whether or not further relief is or could be claimed. No proceeding is open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect, and such declarations shall have the effect of a final judgment.

(b)

Actions filed under this chapter in which the constitutionality of any statute or session law of this state is challenged shall be resolved by a panel of district court judges in accordance with W.S. 5
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3
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114.

5
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1
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106.

Retirement of judges of the supreme court or district courts; pension; assignment of retired judges.

(f)

Any justice of the supreme court, chancery court judge or district court judge of this state, who has retired pursuant to the provisions of this section, and who is not practicing law, may, notwithstanding his retirement, be called upon, with his consent, at the request of a district court judge or circuit court judge, with the consent of the chief justice, or by the chief justice, and assigned to service on any court.
No retired justice or judge shall be assigned under this subsection to service on any court in any case or cause of action in which the constitutionality of any statute or session law of this state is challenged, whether in the initial filing or in a subsequent filing or hearing in the case or action.
A retired justice or judge shall receive as a salary during any period of assignment an amount equal to the current compensation of a judge of the court to which he is assigned.

The salary received by a retired justice or judge during any period of assignment shall not affect the receipt of any retirement allowance received by the retired justice or judge during the period of assignment.

Assignments of retired justices or judges under this section shall only be made in a manner that does not jeopardize the qualified status of state retirement plans established by the Wyoming legislature.

When called to serve, a retired judge or justice shall receive the same per diem and travel allowances as allowed active judges or justices. Per diem, allowances and compensation shall be paid from the contingent fund of the court to which the judge or justice is assigned.

Section 3
.

(a)

This act shall apply to:

(i)

All actions and cases commenced on and after the effective date of this act;

(ii)

All actions and cases filed before the effective date of this act but in which a challenge to the constitutionality of a statute or session law is raised on and after the effective date of this act;

(iii)

All assignments of retired justices and judges made under W.S. 5
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1
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106, as amended by section 1 of this act, on and after the effective date of this act.

(b)

Nothing in this act shall be construed to affect the validity of any injunction or order issued before the effective date of this act.

Section 4.

This act is effective July 1, 2026.

(END)

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SF0103