Bill Description

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.

Notes

SF103 creates  W.S. 5-3-114  which  is a commonsense reform that strengthens fairness, consistency, and public trust in how Wyoming courts handle constitutional challenges to state law. By requiring a three-judge panel—including judges from outside the local district—this reform ensures that decisions with statewide impact reflect broader judicial judgment, not the perspective of a single courtroom. Random selection of judges from other districts helps prevent forum shopping and reinforces the principle that no one community or one judge should have outsized influence over laws passed by the people’s representatives.

Further,  the bill’s amendment to W.S. 5-1-106  strengthens the legitimacy of constitutional rulings by ensuring that challenges to Wyoming statutes are decided only by currently serving judges. Retired judges can continue to provide valuable service to the courts, but constitutional questions that shape public policy and define the limits of state authority should be resolved by judges who are presently accountable to the judicial system and the public they serve. Keeping these cases with active judges reinforces confidence that the most consequential legal decisions are being made by those fully engaged in the current legal landscape and responsibilities of office.