Meet The Justices Guiding Wyoming’s Highest Court Decisions

A state supreme court is the highest court within a state's judicial system. It serves as the final arbiter of state law, meaning its decisions on matters of state law are binding on all other state courts.

While state supreme courts generally hear appeals from lower state courts, they may also have original jurisdiction in certain specific cases outlined in the state's constitution or laws.

Occasionally, when circumstances change or the existing case law appears to no longer serve the interest of justice, the Supreme Court may reject a decision in a previous case and apply a new rule of law.

Herrera v. Wyoming (2019)

A notable Wyoming Supreme Court case is Herrera v. Wyoming, which centered on treaty rights for hunting on ceded Crow land. This case involved a member of the Crow Tribe who was hunting on land ceded to the United States in the 1868 treaty. The Wyoming Supreme Court had initially ruled that the treaty rights expired upon Wyoming's statehood, but the U.S. Supreme Court reversed that decision. The Supreme Court held that the treaty's language did not automatically terminate those rights upon Wyoming becoming a state. This decision is significant because it clarifies the ongoing validity of treaty rights, even after a state is formed, and emphasizes the importance of treaty interpretation.

Wyoming v. Houghton (1999):

While not directly related to treaty rights, this U.S. Supreme Court case originated in Wyoming and dealt with the Fourth Amendment's protection against unreasonable searches and seizures. The Court addressed the issue of whether police could search a passenger's belongings in a vehicle when they have probable cause to search the vehicle itself. The Court ultimately held that, absent exigency, such searches are permissible.

In addition to these more recent cases, early Wyoming legal history includes cases like Union Pacific Railroad v. ... Territory of Wyoming (1873), which involved the first appeal of a death sentence from a Wyoming court, and Wilson v. ... Stilman (1870), the first case filed in a court presided over by the first female justice of the peace in the world.

Selection

Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution.

There are five justices of the Wyoming Supreme Court. The term of office is eight years. When a vacancy occurs, the Judicial Nominating Commission submits a list of three qualified nominees to the governor, and the governor makes the appointment from that list. After serving on the court for one year, the new justice stands for retention in office on a statewide ballot at the next general election.

If a majority of the electorate votes for retention, the justice serves an eight-year term and may seek succeeding terms by means of a nonpartisan retention ballot. A justice must be a lawyer with at least nine years of experience in the law, be at least 30 years old, and must also be a United States citizen who has resided in Wyoming for at least three years. Justices must retire when they reach 70 years of age.

The five justices together select the chief justice who serves a four-year term, presides at meetings of the Court and in conference, and who represents the Supreme Court on various commissions and other groups.

The State Court Administrator serves at the pleasure of the Supreme Court. The court administrator and staff are responsible for the Supreme Court and circuit courts’ budgets and fiscal management, for court technology, and for the purchase and maintenance of court property.

The Supreme Court appoints the Clerk of the Supreme Court. The clerk collects all fees and keeps the records and papers of all cases. The clerk also distributes judicial opinions and orders.

Staff attorneys assist the justices of the Supreme Court in legal research. They check the attorneys’ research in appellate briefs and prepare memoranda on the legal issues involved in the cases.

The Supreme Court established the Wyoming Judicial Council, formerly known as the Board of Judicial Policy and Administration (BJPA) to make policy decisions for the Wyoming Judicial Branch.

Meet the five justices for the Wyoming Supreme Court below.