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26LSO-0396
2026
STATE OF WYOMING
26LSO-0396
Numbered
2.0
Senate Joint Resolution NO. SJ0004
Confirmation of justices and judicial nominations.
Sponsored by: Senator(s) Steinmetz, Boner, Hicks, Kolb and McKeown and Representative(s) Angelos, Bear, Haroldson, Pendergraft and Rodriguez-Williams
A JOINT RESOLUTION
for
A JOINT RESOLUTION proposing to amend the Wyoming constitution to amend the composition and qualifications of the judicial nominating commission, to specify that the legislature may define the actual practice of law for purposes of qualifications for supreme court justices and to require persons selected for the office of justice of the supreme court to be confirmed by the senate.
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, Section 4(b) through (d) and Article 5, Section 8 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; judicial nominating commission; terms; standing for retention in office; senate confirmation for supreme court justices.
(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
not less than
three
(3) and not more than five (5)
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]
subsection
(g) hereof
or a failure to receive confirmation in accordance with this subsection
. If the governor shall fail to make any such appointment within 30 days from the day the list is submitted to him,
such
the
appointment shall be made by the chief justice from the list within 15 days.
A person appointed by the governor or the chief justice to the office of justice of the supreme court under this subsection shall be confirmed in accordance with all of the following:
(i)
Confirmation of each justice shall be by a majority vote of all of the members of the senate before the justice assumes the office;
(ii)
No appointment shall take effect until the person is confirmed by the senate, subject to paragraph (iii) of this subsection;
(iii)
When the senate is not in session, the governor or the chief justice, in accordance with this subsection, may make an interim appointment from the nominees selected by the judicial nominating commission. An interim appointee shall exercise the duties of the office of justice until the senate reconvenes and acts upon the appointment. If the senate does not confirm an interim appointee, the office shall be declared vacant;
(iv)
The legislature may define procedures for senate confirmation under this subsection.
(c)
There shall be a judicial nominating commission for the supreme court, district courts and any other courts to which these provisions may be extended by law. The commission shall consist of
seven
nine (9)
members
.
, one of whom shall be the chief justice, or a justice of the supreme court designated by the chief justice to act for him, who shall be chairman thereof. In addition to the chief justice, or his designee, three resident members of the bar engaged in active practice shall be elected by the Wyoming state bar and three electors of the state not admitted to practice law shall be appointed by the governor to serve on said commission for such staggered terms as shall be prescribed by law. No more than two members of said commission who are residents of the same judicial district may qualify to serve any term or part of a term on the commission. In the case of courts having less than statewide authority, each judicial district not otherwise represented by a member on the commission, and each county, should the provisions hereof be extended by law to courts of lesser jurisdiction than district courts, shall be represented by two nonvoting advisors to the commission when an appointment to a court in such unrepresented district, or county, is pending; both of such advisors shall be residents of the district, or county, and one shall be a member of the bar appointed by the governing body of the Wyoming state bar and one shall be a nonattorney advisor appointed by the governor.
Three (3) members shall be electors of the state who are not admitted to the practice of law and shall be appointed by the governor. One (1) member shall be an elector of the state who is not admitted to the practice of law and shall be appointed by the president of the senate. One (1) member shall be an elector of the state who is not admitted to the practice of law and shall be appointed by the speaker of the house of representatives. Two (2) members shall be members of the Wyoming state bar engaged in the active practice of law in Wyoming and shall be elected by the members of the Wyoming state bar. Two (2) members shall be judges who are not members of the supreme court and shall be elected by the active judges of all courts of the state. A majority of the commission shall, at all time, be composed of persons not admitted to the practice of law, and a member of the commission not admitted to the practice of law shall be selected as chairman of the commission.
(d)
No member of the commission
excepting the chairman
except for the two (2) judges elected to the commission
shall hold any federal, state or county public office or any political party office, and after serving a full term he shall not be eligible for reelection or reappointment to succeed himself on the commission. No member of the judicial nominating commission shall be eligible for appointment to any judicial office while he is a member of the commission nor for a period of one year after the expiration of his term for which he was elected or appointed. Vacancies in the office of commissioner shall be filled for the unexpired terms in the same manner as the original appointments. Additional qualifications of members of the commission may be prescribed by law.
The legislature shall provide by law for standards for conflicts of interest, recusals and public notice requirements.
Article 5, Section 8.
Supreme court generally; qualifications of justices.
No person shall be eligible to the office of justice of the supreme court unless he be learned in the law, have been in actual practice at least nine (9) years, or whose service on the bench of any court of record, when added to the time he may have practiced law, shall be equal to nine (9) years, be at least thirty years of age and a citizen of the United States, nor unless he shall have resided in this state or territory at least three years.
For purposes of this section, the legislature may, by law, define and specify qualifications for the actual practice of law.
Section 2.
That the Secretary of State shall endorse the following statement on the proposed amendment:
This amendment would amend the composition and qualifications of the members of the Judicial Nominating Commission, which currently exists, to have nine (9) members, five of whom would be persons who are not judges or attorneys. This amendment would also require the Judicial Nominating Commission to nominate at least three (3) and not more than five (5) persons for appointment to the office of justice or judge. This amendment would authorize the Legislature to define the "actual practice" of law for purposes of qualifications for justices of the Wyoming Supreme Court. This amendment would further provide that justices of the Wyoming Supreme Court must be confirmed by the Wyoming Senate before assuming office while allowing for interim appointments.
(END)
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SJ0004