5-3-101. Judicial districts enumerated; terms of court.
(a) The state of Wyoming is divided into judicial districts asfollows with terms as designated:
(i) The county of Laramie is the first judicial district.Regular terms of the district court shall be held in Laramie county one (1)term beginning on the fourth Monday in March, and one (1) term beginning on thefirst Monday in October;
(ii) The counties of Albany and Carbon are the second judicialdistrict. Regular terms of the district court in each county shall be held:
(A) In Albany county, one (1) term beginning on the thirdMonday in March, and one (1) term beginning on the second Monday in September;and
(B) In Carbon county, one (1) term beginning on the thirdMonday in February, and one (1) term beginning on the second Monday in October.
(iii) The counties of Sweetwater, Lincoln and Uinta are the thirdjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Sweetwater county, one (1) term beginning on the thirdMonday in April, and one (1) term beginning on the third Monday in November;
(B) In Lincoln county, one (1) term beginning on the firstMonday in May, and one (1) term beginning on the first Monday in November; and
(C) In Uinta county, one (1) term beginning on the first Mondayin April, and one (1) term beginning on the first Monday in October.
(iv) The counties of Johnson and Sheridan are the fourthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Johnson county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;and
(B) In Sheridan county, one (1) term beginning on the firstMonday in April, and one (1) term beginning on the first Monday in October.
(v) The counties of Big Horn, Hot Springs, Park and Washakieare the fifth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Big Horn county, one (1) term beginning on the secondMonday in February, and one (1) term beginning on the second Monday in August;
(B) In Hot Springs county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;
(C) In Park county, one (1) term beginning on the second Mondayin May, and one (1) term beginning on the second Monday in November; and
(D) In Washakie county, one (1) term beginning on the secondMonday in March, and one (1) term beginning on the second Monday in September.
(vi) The counties of Campbell, Crook and Weston are the sixthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Campbell county, one (1) term beginning on the firstMonday in February and one (1) term beginning on the second Monday inSeptember;
(B) In Crook county, one (1) term beginning on the secondMonday in May, and one (1) term beginning on the second Monday in October; and
(C) In Weston county, one (1) term beginning on the first Mondayin March, and one (1) term beginning on the third Monday in September.
(vii) Natrona county is the seventh judicial district. Regularterms of district court shall be held, one (1) term beginning on the firstTuesday in March, and one (1) term beginning on the first Tuesday in September;
(viii) The counties of Converse, Platte, Goshen and Niobrara arethe eighth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Converse county, one (1) term beginning on the thirdMonday in April and one (1) term beginning on the third Monday in October;
(B) In Platte county, one (1) term beginning on the firstTuesday in February and one (1) term beginning on the second Tuesday inSeptember;
(C) In Goshen county, one (1) term beginning on the thirdTuesday in November and one (1) term beginning on the first Tuesday in May; and
(D) In Niobrara county, one (1) term beginning on the secondMonday in February and one (1) term beginning on the first Tuesday in September.
(ix) The counties of Fremont, Teton and Sublette are the ninthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Fremont county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the fourth Monday in September;
(B) In Teton county, one (1) term beginning on the third Mondayin May, and one (1) term beginning on the second Monday in October; and
(C) In Sublette county, one (1) term beginning on the firstMonday in June, and one (1) term beginning on the second Monday in September.
5-3-102. Number of judges; distribution among districts; concurrentjurisdiction; judicial conference to adopt rules.
(a) There shall be one (1) judge of the district court in thefourth judicial district, two (2) judges of the district court in the second,fifth and eighth judicial districts and three (3) judges of the district courtin the first, third, sixth, seventh and ninth judicial districts. In the secondjudicial district, one (1) judge shall reside in Albany county and one (1)shall reside in Carbon county. In the third judicial district two (2) judgesshall reside in Sweetwater county. In the ninth judicial district one (1) judgeshall reside in Fremont county, one (1) judge shall reside in Teton county andone (1) judge shall reside in Sublette county. All district judges in the stateshall have concurrent jurisdiction throughout the state and for purposes ofassignment, shall have concurrent jurisdiction throughout the state with allcircuit court judges.
(b) The district courts shall be free of administrative andfiscal control by the supreme court. There shall be a judicial conferencecomprised of all district judges which shall meet no less than twice per year.The conference shall coordinate improvement efforts with the judicialadministrative conference and shall report to the joint judiciary interimcommittee of such efforts annually on or before November 1. The conferenceshall adopt rules governing the organization and procedures of the conferencewhich shall be published in the court rules volume of the Wyoming statutes. The conference shall adopt rules, which shall be binding on all of the districtjudges, governing the administration of the district courts to include, withoutlimitation, personnel, fiscal and budgetary policy except technology whichshall be done to provide an integrated statewide system in accordance with theefforts of the judicial technology task force. The judicial conference shallalso adopt suitable rules to provide for division of the work between thejudges in multi-judge districts. The judicial conference shall keep minutes ofall meetings which, along with all rules adopted by the conference, shall befiled with the supreme court and be made available to the public.
5-3-103. Failure of judge to open court at appointed time; duty ofclerk to declare court open.
Iffor any cause a judge of any district court of the state of Wyoming shall failat the time and place appointed for opening any regular or special term of saidcourt, to so open said court by two (2:00) o'clock in the afternoon of the dayon which it should be opened, it shall be lawful and the duty of the clerk ofsuch court at said time and place to declare publicly in the courtroom thereof,that such term is then opened for the transaction of business, and to make anote of such opening on the court journal of his office.
5-3-104. Opening day in case of legal holiday.
Wheneverthe opening day of a term of any district court in the state of Wyoming fallsupon a day designated as a legal holiday, as defined in W.S. 8-4-101, it ishereby provided that the day following such legal holiday shall be the openingday of the term of the district court.
5-3-105. Simultaneous terms in same district; calling in judge fromanother district.
Itshall be lawful for two (2) or more terms of court to be in session indifferent counties in the same district at the same time. In case any judge ofany district shall find it impossible for him to attend at any general orspecial term of court, or any part thereof, in any county of his district, heshall have the power, and it shall be his duty to call in some other districtjudge of the state to hold such term or part of term of court, and any districtjudge so called in shall have all the powers of the district judge of thedistrict in relation to any and all matters coming before him at such term orpart of term.
5-3-106. Judges to hold court for each other.
Thejudges of the several district courts shall hold courts for each other, whenfrom any cause, any judge of a district court is unable to act or to hear, tryor determine any cause, or to hold any term or portion of a term of anydistrict court in his district; and in such event the judge so disqualified orunable to act shall call upon one (1) of the other judges of the district courtto hear, try and determine such cause, or to hold such term or portion of aterm of court, and the said judge so called upon, shall try, hear or determinesaid cause, or hold such term or portion of a term, with all the jurisdiction,power and authority possessed by the judge of the district court of thedistrict whereto he is called to act as judge.
5-3-107. Assignment of acting or retired judge to another district incase of death or other emergency.
Ifany judge of any district court in this state shall die, or for any reasonbecome unwilling or unable to perform the duties of his office, the chiefjustice of the supreme court of the state of Wyoming, by order to be dulyentered in the records of the district court of each county in such district,may assign any district judge or any retired judge of this state, to performany and all judicial functions therein, until a successor for such districtshall have been appointed or elected and qualified according to law, and suchassigned judge shall have the same jurisdiction and authority in such districtas a duly elected and qualified judge of such district.
5-3-108. Expenses of judges while acting on supreme bench.
Alltraveling expenses incurred by any district judge while traveling to and fromthe capitol at Cheyenne, for the purpose of sitting at the supreme court tohear and determine cases presented before said court, and his expenses at thecapitol, while so engaged, shall be charged to the contingent fund of thesupreme court.
5-3-109. Expenses of judges when acting in another district orcircuit.
Theexpenses of any district judge holding court in any district other than his ownor in any circuit court pursuant to assignment under W.S. 5-9-131, includinghis traveling expenses to and from said district or circuit, and his expenseswhile holding court therein, shall be charged to the contingent fund of thecourt in whose district he is so holding court or to the contingent fund of thecircuit court in whose circuit he is so holding court pursuant to assignmentunder W.S. 5-9-131.
5-3-110. Seal of the district court.
Eachcounty shall provide the clerk of its district court with a seal, the impressionof which shall contain the following words: "The District Court ofWyoming", together with the name of the county in which the same is to beused.
5-3-111. County law library.
Theboard of county commissioners shall have the power to establish and maintain intheir respective counties, a county law library, for the use and benefit of thejudge of the district court and other citizens of the state and shall have thepower to appropriate and set aside for the maintenance and support of said library,such moneys as it shall deem necessary or see fit. The district court of suchcounty shall superintend and direct all expenditures made for said library, andshall have full power to make any rules and regulations, proper and necessaryfor the preservation, increase and use of the library, not inconsistent withlaw.
5-3-112. Assignment to circuit court judge.
(a) A judge of the district court may assign to a circuit courtjudge any case or proceeding within the jurisdiction of the district court subjectonly to the following restrictions:
(i) Rules promulgated by the supreme court;
(ii) Acceptance of the judge to whom the assignment of the caseor proceeding is to be made;
(iii) Consent of each plaintiff and each defendant in a civilaction wherein the amount in controversy is twenty thousand dollars($20,000.00) or greater; and
(iv) Consent of both the prosecutor and the defendant in acriminal case in which the defendant is charged with any crime for which theaggregate sentences for all crimes charged exceed five (5) years in prison.
(b) The law and rules governing district court and appealstherefrom shall apply to a case or proceeding assigned pursuant to thissection.
ARTICLE 2 - CLERK
5-3-201. Office created; term; election in counties of first andsecond class; county clerk designated ex officio clerk in other counties.
Thereshall be a clerk of the district court in each organized county of the statewhose term of office shall be four (4) years and until his successor is electedand qualified. Clerks of the district court shall be elected at generalelections in counties of the first and second class; and in all other countiesthe county clerk shall be ex officio clerk of the district court, and shallperform all of the duties pertaining to the office of clerk of the districtcourt.
5-3-202. Duties generally.
Eachclerk of the district court shall keep and make up the records and books of thecourt of his particular county, receive all cases filed therein, properlyrecord and attend to the same, and shall have the care and custody of all therecords, seal, books, papers and property pertaining to his said office or thecourt of the county for which he is elected and which may be filed or depositedtherein, and shall receive, account for and pay over all money that may comeinto the possession of the court according to law, and under the orders ordecrees of the court, except that which shall be received by mastercommissioners. He shall keep all records and files in criminal cases, andattend to all duties required of the clerk in relation thereto. He shall attendupon the terms of court held in the county for which he is elected, and performsuch duties relating to his office as may be required of him by the court, andshall perform all such other duties relating to his office as are required ofhim by law or the rules and practice of the courts.
5-3-203. Vacation of office; filling of vacancies.
Theoffice of the clerk of the district court shall be deemed vacated under the circumstances provided by W.S. 22-18-101. Any vacancy in the office of theclerk of the district court shall be filled as provided by W.S. 22-18-111.
5-3-204. Salaries to be paid by county.
Thesalaries of clerks of the district courts shall be paid by the county in whichthey respectively act, in monthly installments, after services are performed.
5-3-205. Collection of fees in advance; payment to treasurer;liability for collection.
(a) All fees prescribed by statute for civil business, shall becollected in advance by the clerk and except as otherwise provided in thissection shall be paid to the treasurer of the county at the end of each month.The clerk shall be liable under his bond for the collection and payment of suchfees. The clerk shall remit:
(i) The court automation fee prescribed by W.S.2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to thejudicial systems automation account established by W.S. 5-2-120 at the end ofeach month;
(ii) The indigent civil legal services fee prescribed by W.S.2-2-401(a)(iv), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to theindigent civil legal services account established by W.S. 5-2-121 at the end ofeach month.
5-3-206. Fees.
(a) For all civil matters filed or commenced, the clerk ofeach district court shall charge the following fees:
(i) For filing instruments or documents in each civil actionand certifying one (1) copy of any order, decree or judgment at the time of itsfiling for each party, an original filing fee of seventy dollars ($70.00) whichshall be paid by the plaintiff. This fee shall apply to original actionscommenced and to actions that are reopened after a final decree previously hasbeen entered. Ten dollars ($10.00) of the filing fee shall be for courtautomation, ten dollars ($10.00) shall be for indigent civil legal services andboth shall be remitted as provided in W.S. 5-3-205;
(ii) For issuing commission to take deposition, seventy-fivecents ($.75);
(iii) For taking depositions and the certificate, seal andtransmission thereof, five dollars ($5.00);
(iv) For taking affidavit or acknowledgment, certifying andsealing same, fifty cents ($.50) for each person;
(v) For each certificate and seal, fifty cents ($.50);
(vi) For copying or photostating any record or paper of theclerk's office when the instrument, record or paper contains one (1) page, onedollar ($1.00), and when more, fifty cents ($.50) for each additional page;
(vii) For all transcripts in cases appealed to the supreme court,seventy dollars ($70.00), including certificates, seals and transmission. Tendollars ($10.00) of the fee under this paragraph shall be for court automation,ten dollars ($10.00) shall be for indigent civil legal services and both shallbe remitted as provided in W.S. 5-3-205;
(viii) For copies of other documents made by a county operator,fifty cents ($.50) for the first page and twenty-five cents ($.25) for eachadditional page;
(ix) For filing, recording and issuing certificates of intentionto become citizens of the United States and for final naturalization, includingoath and record, in accordance with the fee schedule of the United Statesimmigration and naturalization service;
(x) For docketing and in payment of clerk's fee after docketingincident to any appeal or bill of exception from a justice's court, fortydollars ($40.00), and for docketing any transcript of judgment from justice'scourt upon the judgment and execution dockets, thirty dollars ($30.00), whichamount shall be paid by appellant, or by judgment holder to the clerk at timeof docketing. Ten dollars ($10.00) of any fee imposed under this paragraphshall be for court automation, ten dollars ($10.00) shall be for indigent civillegal services and both shall be remitted as provided in W.S. 5-3-205.
5-3-207. Statement of costs mailed to parties to actions.
Ifrequested by a party to a case, the clerk of the court shall make up anitemized statement of the court costs in the case and mail a copy to therequesting party.
5-3-208. Amount of bond; conditions.
Eachclerk upon entering on the duties of his office, shall give a bond in the penalsum of not less than ten thousand dollars ($10,000.00) to the county with two(2) or more sufficient sureties to be approved by the county commissionersconditioned upon the faithful performance of the duties of his office, theproper collection and turning over all fees and the proper payment of allmoneys collected by him and he shall from time to time give such additionalbond as the judge of the court may require.
5-3-209. Clerk liable on bond for acts of deputies; deputy's bond.
Eachclerk shall be liable upon his official bond for all acts of his deputies, buteach clerk may take from his deputies a bond to himself to indemnify him onaccount of the acts of his deputies.
5-3-210. Duty as custodian of seal; seal to be attached to officialpapers.
Theclerk of the district court shall be custodian of the seal of said court, whichseal shall be kept in the office of the clerk of the district court in therespective counties and shall be attached to all writs, orders, or otherinstruments that the clerk of the district court is now or may hereafter berequired or permitted to sign or certify in his official capacity.
5-3-211. Books and records to be kept.
Theclerk of district court shall keep an appearance docket, a trial docket,journal, record and execution docket. The appearance docket, record andexecution docket may be kept and preserved in one (1) book.
5-3-212. Entries on appearance docket and their effect.
Theclerk shall enter on the appearance docket, at the time of the commencement ofan action or proceeding, the names of the parties in full, with names ofcounsel, and forthwith index the case, direct and reverse, in the name of eachplaintiff and defendant. He shall also enter at the time it occurs, under thecase so docketed, the issue of the summons or other mesne process or order, andthe filing of each paper, and he shall note on the appearance docket the dateof issuance, date of service and how served and date of filing, which will beevidence of such service.
5-3-213. Clerk not to act as attorney.
Noclerk of the district court or county clerk in counties wherein such clerk isex officio clerk of the district court, shall accept employment or retainer asan attorney-at-law or give any advice as such in any action, cause orproceeding pending in the court, wherein he is such clerk.
ARTICLE 3 - COMMISSIONERS
5-3-301. Appointment; number.
Districtcourts of the several judicial districts of this state are empowered to appointsuch number of district court commissioners in the several counties of theirrespective judicial districts as the public interest may require.
5-3-302. Term of office; summary removal.
Districtcourt commissioners shall hold office during the pleasure of the districtcourt, and may be summarily removed.
5-3-303. Qualifications.
Districtcourt commissioners shall be learned in the law in this state, residents of thedistrict for which appointed, and citizens of this state. To be learned in thelaw a person shall have sufficient knowledge, skill, training or experience toperform judicial functions.
5-3-304. Order of appointment to be made in open court and entered onjournal; use as evidence.
Theorder appointing each district court commissioner shall be made in open courtand entered upon the journal. A certified copy of such journal entry shall beevidence of such appointment in all the courts of this state.
5-3-305. Appointment and termination thereof to be reported to countyclerk.
When any court or the judge thereof, shallappoint a court commissioner who shall be authorized to take acknowledgmentsand administer oaths under this act, or whenever any court or the judge thereofshall revoke the appointment of any such court commissioner, or when any suchcommissioner shall resign, or his appointment cease for any reason, it shall bethe duty of the clerk of said court to immediately notify, in writing, thecounty clerk of each county embraced within the jurisdiction of said court, ofthe making of said appointment or the termination thereof, as the case may be.
5-3-306. Oath.
Districtcourt commissioners before entering upon the discharge of their officialduties, shall take and subscribe before the clerk of the district court, of thecounty for which they were respectively appointed, the oath of office providedby the constitution.
5-3-307. Powers generally.
(a) Each district court commissioner shall have the powers inrespect to every suit or proceeding pending in the district court of the countyfor which he was appointed, as follows:
(i) If no judge qualified to hear or act in the proceeding oraction is present in the county for which such commissioner was appointed, tomake any order which a judge of the district court is authorized by law to makein chambers and to hear and determine cases of mental illness or mentalincompetency, and to hold juvenile detention or shelter care hearings;
(ii) To make any order which a judge of the district court isauthorized by law to make in chambers, upon the written statement of suchjudge, filed with the papers, that he is disqualified in such case;
(iii) To administer oaths;
(iv) To hear, try and determine all issues whenever anapplication shall have been made for a change of judge;
(v) To take evidence and make findings, and report the same tothe district court;
(vi) To take depositions;
(vii) To punish persons for contempts committed during hearingshad before him;
(viii) To issue and enforce process for the attendance ofwitnesses and production of evidence in all lawful hearings before him, in thesame manner and with like force as the court might do if in session.
5-3-308. Fees.
Thefees of the district court commissioners shall be fixed by the district courtsin which their services are rendered and may be taxed as costs, paid from thebudget of the district court or from other funds available for that purpose.
5-3-309. Orders to be entered in court journal.
Allorders made by, and proceedings had before district court commissioners, shallbe entered at length in the journal of the district court of the county forwhich they were appointed, by the district clerk, and shall be signed by thecommissioners.
5-3-310. District court to review orders; approval or disapproval.
Thedistrict court shall at each term review all orders made by, and proceedingshad before commissioners of such court during vacation, and approve,disapprove, reverse or modify every such order or proceeding.
5-3-311. Office of commissioner and clerk declared incompatible.
Theoffice of district court commissioner and clerk of the district court arehereby declared to be incompatible and no person shall occupy the office ofdistrict court commissioner who is at the same time a clerk of the districtcourt, or is a county clerk in counties wherein such clerk is ex officio clerkof court.
5-3-312. Commissioner not to act as attorney; when attorney not toact as commissioner.
Nodistrict court commissioner shall accept employment or retainer as anattorney-at-law, or give any advice as such in any action, cause or proceedingpending before him as such commissioner; and he shall not be authorized to actas such commissioner, or exercise any of the powers thereof, in any action,case or proceeding in which or as to the subject thereof he shall have beenengaged, employed or retained as an attorney, or in reference to which and thesubject thereof he shall have given any advice.
ARTICLE 4 - REPORTER
5-3-401. Office created; appointment; term.
Theoffice of official court reporter for each judge of each judicial district inthe state of Wyoming is hereby created and each judge of each judicial districtin the state of Wyoming is hereby required and empowered to appoint one (1)court reporter for his district, whose term of office shall be during thepleasure of the judge making such appointment and until their successor isappointed and qualified.
Suchreporter shall be in constant attendance upon the judge of said court at alltimes, and shall be the clerk and stenographer of the judge, and he shall besworn to the faithful performance of his duty, and take the oath of officerequired in the constitution of this state, and shall remain in attendance onthe court, and take full stenographic notes in cases tried during saidattendance, of all testimony or admissions made by either side, objections tothe introduction of testimony, the ruling of the court thereon, the exceptionstaken thereto, and such other proceedings as the court may direct, and shallpreserve such stenographic notes and furnish a transcript thereof, or of anypart of same, upon the request of any party having an interest therein,provided, however, that if no request for such transcript shall be made to thecourt reporter for a period of ten (10) years subsequent to the hearing of anycause wherein stenographic records have been taken, the said court reporter maydestroy his original stenographic records, and, provided, further, however,that if a transcript shall be furnished any party as provided herein, then andin that event, the court reporter may destroy his original stenographic recordswithin a period of ten (10) years from and after the furnishing of saidtranscript to the party or parties ordering same.
5-3-404. Criminal cases; reporting and transcript of proceedings.
Thecourt reporter for criminal cases prosecuted in the district court shall reportall testimony and all proceedings held in open court, except informaldiscussions, informal instruction conferences and pretrial conferences whichshall be reported when requested by a party. The reporter shall, within areasonable time, transcribe arraignment, plea, change of plea and sentencinghearings and file the transcript in the official court record.
Inany case arising as a post conviction relief proceeding, W.S. 7-14-101 through7-14-108, in which the presiding judge has determined that the post convictionpetition is sufficient to require an answer, the court reporter shalltranscribe the record of the criminal proceeding in which the petitioner wasconvicted in full unless the court shall, by written order, determine thatportions of the record are not required or material for decision in theproceeding. Additionally, the court reporter shall record evidentiaryproceedings conducted under this section and shall transcribe that record if anappeal is taken.
5-3-406. Criminal cases; original and copy of transcript to befurnished when required by order.
Theofficial court reporter shall transcribe and furnish an original and copy ofthe proceedings at the trial of any person sentenced to any imprisonment wherean order is or has been entered so requiring.
5-3-407. Criminal cases; payment of fees; form and contents ofcertificate.
Thereporter shall be paid in full for all his services in connection with thetranscribing and filing or furnishing the transcripts referred to in this act,the same fee for the transcribing, filing, and furnishing of transcripts asprovided in W.S. 5-3-410. All such fees shall be paid out of the state treasuryon the warrant of the state auditor from appropriations made for such purpose,upon presentation of a certificate signed by the presiding judge setting theamount due said reporter. Such certificate shall as to each originaltranscript, and copy where fee for copy is authorized, set forth the title andnumber of the cause in which the transcript was required to be furnished, thenature of the proceedings transcribed, whether an arraignment, proceedings atcriminal trial or proceedings at post conviction hearing, and the fee approvedtherefor. The state auditor may prescribe the form of the certificate andfurnish same.
5-3-408. Bond.
Eachofficial reporter, appointed as aforesaid, shall give a bond to the state of Wyoming,with sufficient sureties, to be approved by the judge of the district court ofsuch district, and filed with the secretary of state, in the sum of onethousand dollars ($1,000.00), conditioned for the faithful and efficientperformance of the duties of said office.
5-3-409. Duty as judge's stenographer.
Each official reporter appointed under theprovisions of this act, as court reporter, shall also be the stenographer ofthe judge of said court, and shall do and perform such stenographic labor forthe judge of said court as of him or her may be required in his officialcapacity as judge.
5-3-410. Fees for civil cases; collection; to be paid into statetreasury; liability of reporter for collection; fees for transcripts andrecords.
(a) In all civil cases the official court reporter shallcollect a fee of forty-five dollars ($45.00) per day for reporting, as setforth in W.S. 5-3-403. The fee is payable in advance by the parties who requestthe reporting service. The fee shall be paid into the state treasury.
(b) The fees which have been paid for reporting by therequesting party may be taxed as costs against the unsuccessful party.
(c) Immediately upon conclusion of the proceeding, the reportershall notify the clerk of the court of the fees which have been paid by therespective parties to the action, for the purpose of taxing costs.
(d) All fees paid to the court reporter for reporting servicesunder W.S. 5-3-403 shall be paid into the state treasury as soon as practicableafter the first Monday of each month after the services are performed. Thecourt reporter is liable upon his official bond for collecting and transmittingreporting fees to the state treasury.
(e) The reporter may charge three dollars and twenty-five cents($3.25) per page of twenty-five (25) lines, for all transcripts, records andother papers required to be made and issued as the official reporter. At noadditional charge, the reporter shall include one (1) copy for the partyordering the original. The reporter may charge one dollar and twenty-five cents($1.25) per page for each additional copy, and may require payment in advanceor upon delivery.
5-3-411. Salary.
Eachofficial district court reporter in this state shall be paid annual salaries asprovided by law, payable in equal monthly installments upon warrant of thestate auditor upon the state treasurer.
5-3-412. Substitute during absence or disability.
Incase of sickness or if said official court reporter be unable to attend to hisofficial duties from any cause at any time, the judge of the district court ineach judicial district in this state, when the trial of cases required to bereported necessitates it, is authorized and empowered to obtain a suitable andcompetent person as substitute for such official court reporter, during suchdisability; such substitute to receive the fees herein provided for in fullcompensation for such services. And in all cases where any signature of theofficial court reporter is required, the same, during the absence or any suchdisability of the official court reporter shall be signed by the personsubstituted therefor as acting official court reporter, and in such cases thesame shall have the same legal force and effect as if signed by the officialcourt reporter.
ARTICLE 5 - PROBATION COUNSELORS
5-3-501. Definitions.
(a) When used in this act, the following definitions will applyunless the context otherwise requires:
(i) Court. - The word "court" shall mean the districtor juvenile courts;
(ii) Counselor. - An officer appointed by the countycommissioners with the approval of the district judge in the district where heis to be employed under the provisions of this act to work with juvenileoffenders, and parolees or probationers;
(iii) Probationer. - Any person placed on probation with theimposition and execution of sentence suspended after a plea of guilty or nolocontendere or after conviction of any offense in any district or juvenile courtin Wyoming, or by any court of a foreign state having jurisdiction to placesuch offenders on probation, or any person who has been paroled before sentenceby any district or juvenile court;
(iv) Tense, Gender. - The singular includes the plural, theplural the singular, and the masculine the feminine, when consistent with theintent of the act.
5-3-502. Employment authorized; employment of 1 counselor for 2 ormore districts.
Thecounty commissioners are hereby authorized to employ sufficient counselors insuch judicial district upon the written request of the district judge or judgestherein. In any district where in the discretion of the district judge orjudges the case load does not justify the hiring of a counselor, a counselormay be employed to work in two (2) or more districts.
5-3-503. Appointment after approval by district judge; determinationof maximum salary.
Counselorsmay be appointed by the county commissioners only after the applicant isinterviewed and approved by the district judge or judges in the district inwhich he is to be employed. The maximum salary of counselors appointed underthe provisions of this act, shall be determined by the county commissioners.
5-3-504. Duties.
(a) Each counselor employed under the provisions of this actshall have the following duties:
(i) He shall make a complete social and backgroundinvestigation of all persons referred to him by the court. This investigationshall include past violations, family background, present source of income andfamily status. It shall include a written recommendation as to disposition ofthe offender by the counselor, which shall be submitted to the court prior tosentencing:
(A) The investigation may be waived by the offender unless thecourt specifically requests it;
(B) Special attention shall be given to minor offenders in theeffort to rehabilitate them toward responsible citizenship;
(ii) He may make social history investigations where requestedby judges in cases where minors are involved. In such cases he may assumeauthority where the offender is placed on probation by the presiding officer;
(iii) He shall furnish to each person released on probation andplaced under his supervision a written statement of conditions of the probationor parole and shall instruct each of his charges thereon. Each counselor shallkeep informed concerning the conduct and conditions of each person in hischarge by making regular personal visits, and in other ways he deems necessaryor advisable;
(iv) A written report shall be submitted periodically on eachperson under the counselor's supervision to the department of corrections or,as appropriate, the department of family services and a copy shall be sent tothe judge having jurisdiction of the case;
(v) He shall advise and counsel his charges and encourage stepsin the direction of rehabilitation and good citizenship.
5-3-101. Judicial districts enumerated; terms of court.
(a) The state of Wyoming is divided into judicial districts asfollows with terms as designated:
(i) The county of Laramie is the first judicial district.Regular terms of the district court shall be held in Laramie county one (1)term beginning on the fourth Monday in March, and one (1) term beginning on thefirst Monday in October;
(ii) The counties of Albany and Carbon are the second judicialdistrict. Regular terms of the district court in each county shall be held:
(A) In Albany county, one (1) term beginning on the thirdMonday in March, and one (1) term beginning on the second Monday in September;and
(B) In Carbon county, one (1) term beginning on the thirdMonday in February, and one (1) term beginning on the second Monday in October.
(iii) The counties of Sweetwater, Lincoln and Uinta are the thirdjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Sweetwater county, one (1) term beginning on the thirdMonday in April, and one (1) term beginning on the third Monday in November;
(B) In Lincoln county, one (1) term beginning on the firstMonday in May, and one (1) term beginning on the first Monday in November; and
(C) In Uinta county, one (1) term beginning on the first Mondayin April, and one (1) term beginning on the first Monday in October.
(iv) The counties of Johnson and Sheridan are the fourthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Johnson county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;and
(B) In Sheridan county, one (1) term beginning on the firstMonday in April, and one (1) term beginning on the first Monday in October.
(v) The counties of Big Horn, Hot Springs, Park and Washakieare the fifth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Big Horn county, one (1) term beginning on the secondMonday in February, and one (1) term beginning on the second Monday in August;
(B) In Hot Springs county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;
(C) In Park county, one (1) term beginning on the second Mondayin May, and one (1) term beginning on the second Monday in November; and
(D) In Washakie county, one (1) term beginning on the secondMonday in March, and one (1) term beginning on the second Monday in September.
(vi) The counties of Campbell, Crook and Weston are the sixthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Campbell county, one (1) term beginning on the firstMonday in February and one (1) term beginning on the second Monday inSeptember;
(B) In Crook county, one (1) term beginning on the secondMonday in May, and one (1) term beginning on the second Monday in October; and
(C) In Weston county, one (1) term beginning on the first Mondayin March, and one (1) term beginning on the third Monday in September.
(vii) Natrona county is the seventh judicial district. Regularterms of district court shall be held, one (1) term beginning on the firstTuesday in March, and one (1) term beginning on the first Tuesday in September;
(viii) The counties of Converse, Platte, Goshen and Niobrara arethe eighth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Converse county, one (1) term beginning on the thirdMonday in April and one (1) term beginning on the third Monday in October;
(B) In Platte county, one (1) term beginning on the firstTuesday in February and one (1) term beginning on the second Tuesday inSeptember;
(C) In Goshen county, one (1) term beginning on the thirdTuesday in November and one (1) term beginning on the first Tuesday in May; and
(D) In Niobrara county, one (1) term beginning on the secondMonday in February and one (1) term beginning on the first Tuesday in September.
(ix) The counties of Fremont, Teton and Sublette are the ninthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Fremont county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the fourth Monday in September;
(B) In Teton county, one (1) term beginning on the third Mondayin May, and one (1) term beginning on the second Monday in October; and
(C) In Sublette county, one (1) term beginning on the firstMonday in June, and one (1) term beginning on the second Monday in September.
5-3-102. Number of judges; distribution among districts; concurrentjurisdiction; judicial conference to adopt rules.
(a) There shall be one (1) judge of the district court in thefourth judicial district, two (2) judges of the district court in the second,fifth and eighth judicial districts and three (3) judges of the district courtin the first, third, sixth, seventh and ninth judicial districts. In the secondjudicial district, one (1) judge shall reside in Albany county and one (1)shall reside in Carbon county. In the third judicial district two (2) judgesshall reside in Sweetwater county. In the ninth judicial district one (1) judgeshall reside in Fremont county, one (1) judge shall reside in Teton county andone (1) judge shall reside in Sublette county. All district judges in the stateshall have concurrent jurisdiction throughout the state and for purposes ofassignment, shall have concurrent jurisdiction throughout the state with allcircuit court judges.
(b) The district courts shall be free of administrative andfiscal control by the supreme court. There shall be a judicial conferencecomprised of all district judges which shall meet no less than twice per year.The conference shall coordinate improvement efforts with the judicialadministrative conference and shall report to the joint judiciary interimcommittee of such efforts annually on or before November 1. The conferenceshall adopt rules governing the organization and procedures of the conferencewhich shall be published in the court rules volume of the Wyoming statutes. The conference shall adopt rules, which shall be binding on all of the districtjudges, governing the administration of the district courts to include, withoutlimitation, personnel, fiscal and budgetary policy except technology whichshall be done to provide an integrated statewide system in accordance with theefforts of the judicial technology task force. The judicial conference shallalso adopt suitable rules to provide for division of the work between thejudges in multi-judge districts. The judicial conference shall keep minutes ofall meetings which, along with all rules adopted by the conference, shall befiled with the supreme court and be made available to the public.
5-3-103. Failure of judge to open court at appointed time; duty ofclerk to declare court open.
Iffor any cause a judge of any district court of the state of Wyoming shall failat the time and place appointed for opening any regular or special term of saidcourt, to so open said court by two (2:00) o'clock in the afternoon of the dayon which it should be opened, it shall be lawful and the duty of the clerk ofsuch court at said time and place to declare publicly in the courtroom thereof,that such term is then opened for the transaction of business, and to make anote of such opening on the court journal of his office.
5-3-104. Opening day in case of legal holiday.
Wheneverthe opening day of a term of any district court in the state of Wyoming fallsupon a day designated as a legal holiday, as defined in W.S. 8-4-101, it ishereby provided that the day following such legal holiday shall be the openingday of the term of the district court.
5-3-105. Simultaneous terms in same district; calling in judge fromanother district.
Itshall be lawful for two (2) or more terms of court to be in session indifferent counties in the same district at the same time. In case any judge ofany district shall find it impossible for him to attend at any general orspecial term of court, or any part thereof, in any county of his district, heshall have the power, and it shall be his duty to call in some other districtjudge of the state to hold such term or part of term of court, and any districtjudge so called in shall have all the powers of the district judge of thedistrict in relation to any and all matters coming before him at such term orpart of term.
5-3-106. Judges to hold court for each other.
Thejudges of the several district courts shall hold courts for each other, whenfrom any cause, any judge of a district court is unable to act or to hear, tryor determine any cause, or to hold any term or portion of a term of anydistrict court in his district; and in such event the judge so disqualified orunable to act shall call upon one (1) of the other judges of the district courtto hear, try and determine such cause, or to hold such term or portion of aterm of court, and the said judge so called upon, shall try, hear or determinesaid cause, or hold such term or portion of a term, with all the jurisdiction,power and authority possessed by the judge of the district court of thedistrict whereto he is called to act as judge.
5-3-107. Assignment of acting or retired judge to another district incase of death or other emergency.
Ifany judge of any district court in this state shall die, or for any reasonbecome unwilling or unable to perform the duties of his office, the chiefjustice of the supreme court of the state of Wyoming, by order to be dulyentered in the records of the district court of each county in such district,may assign any district judge or any retired judge of this state, to performany and all judicial functions therein, until a successor for such districtshall have been appointed or elected and qualified according to law, and suchassigned judge shall have the same jurisdiction and authority in such districtas a duly elected and qualified judge of such district.
5-3-108. Expenses of judges while acting on supreme bench.
Alltraveling expenses incurred by any district judge while traveling to and fromthe capitol at Cheyenne, for the purpose of sitting at the supreme court tohear and determine cases presented before said court, and his expenses at thecapitol, while so engaged, shall be charged to the contingent fund of thesupreme court.
5-3-109. Expenses of judges when acting in another district orcircuit.
Theexpenses of any district judge holding court in any district other than his ownor in any circuit court pursuant to assignment under W.S. 5-9-131, includinghis traveling expenses to and from said district or circuit, and his expenseswhile holding court therein, shall be charged to the contingent fund of thecourt in whose district he is so holding court or to the contingent fund of thecircuit court in whose circuit he is so holding court pursuant to assignmentunder W.S. 5-9-131.
5-3-110. Seal of the district court.
Eachcounty shall provide the clerk of its district court with a seal, the impressionof which shall contain the following words: "The District Court ofWyoming", together with the name of the county in which the same is to beused.
5-3-111. County law library.
Theboard of county commissioners shall have the power to establish and maintain intheir respective counties, a county law library, for the use and benefit of thejudge of the district court and other citizens of the state and shall have thepower to appropriate and set aside for the maintenance and support of said library,such moneys as it shall deem necessary or see fit. The district court of suchcounty shall superintend and direct all expenditures made for said library, andshall have full power to make any rules and regulations, proper and necessaryfor the preservation, increase and use of the library, not inconsistent withlaw.
5-3-112. Assignment to circuit court judge.
(a) A judge of the district court may assign to a circuit courtjudge any case or proceeding within the jurisdiction of the district court subjectonly to the following restrictions:
(i) Rules promulgated by the supreme court;
(ii) Acceptance of the judge to whom the assignment of the caseor proceeding is to be made;
(iii) Consent of each plaintiff and each defendant in a civilaction wherein the amount in controversy is twenty thousand dollars($20,000.00) or greater; and
(iv) Consent of both the prosecutor and the defendant in acriminal case in which the defendant is charged with any crime for which theaggregate sentences for all crimes charged exceed five (5) years in prison.
(b) The law and rules governing district court and appealstherefrom shall apply to a case or proceeding assigned pursuant to thissection.
ARTICLE 2 - CLERK
5-3-201. Office created; term; election in counties of first andsecond class; county clerk designated ex officio clerk in other counties.
Thereshall be a clerk of the district court in each organized county of the statewhose term of office shall be four (4) years and until his successor is electedand qualified. Clerks of the district court shall be elected at generalelections in counties of the first and second class; and in all other countiesthe county clerk shall be ex officio clerk of the district court, and shallperform all of the duties pertaining to the office of clerk of the districtcourt.
5-3-202. Duties generally.
Eachclerk of the district court shall keep and make up the records and books of thecourt of his particular county, receive all cases filed therein, properlyrecord and attend to the same, and shall have the care and custody of all therecords, seal, books, papers and property pertaining to his said office or thecourt of the county for which he is elected and which may be filed or depositedtherein, and shall receive, account for and pay over all money that may comeinto the possession of the court according to law, and under the orders ordecrees of the court, except that which shall be received by mastercommissioners. He shall keep all records and files in criminal cases, andattend to all duties required of the clerk in relation thereto. He shall attendupon the terms of court held in the county for which he is elected, and performsuch duties relating to his office as may be required of him by the court, andshall perform all such other duties relating to his office as are required ofhim by law or the rules and practice of the courts.
5-3-203. Vacation of office; filling of vacancies.
Theoffice of the clerk of the district court shall be deemed vacated under the circumstances provided by W.S. 22-18-101. Any vacancy in the office of theclerk of the district court shall be filled as provided by W.S. 22-18-111.
5-3-204. Salaries to be paid by county.
Thesalaries of clerks of the district courts shall be paid by the county in whichthey respectively act, in monthly installments, after services are performed.
5-3-205. Collection of fees in advance; payment to treasurer;liability for collection.
(a) All fees prescribed by statute for civil business, shall becollected in advance by the clerk and except as otherwise provided in thissection shall be paid to the treasurer of the county at the end of each month.The clerk shall be liable under his bond for the collection and payment of suchfees. The clerk shall remit:
(i) The court automation fee prescribed by W.S.2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to thejudicial systems automation account established by W.S. 5-2-120 at the end ofeach month;
(ii) The indigent civil legal services fee prescribed by W.S.2-2-401(a)(iv), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to theindigent civil legal services account established by W.S. 5-2-121 at the end ofeach month.
5-3-206. Fees.
(a) For all civil matters filed or commenced, the clerk ofeach district court shall charge the following fees:
(i) For filing instruments or documents in each civil actionand certifying one (1) copy of any order, decree or judgment at the time of itsfiling for each party, an original filing fee of seventy dollars ($70.00) whichshall be paid by the plaintiff. This fee shall apply to original actionscommenced and to actions that are reopened after a final decree previously hasbeen entered. Ten dollars ($10.00) of the filing fee shall be for courtautomation, ten dollars ($10.00) shall be for indigent civil legal services andboth shall be remitted as provided in W.S. 5-3-205;
(ii) For issuing commission to take deposition, seventy-fivecents ($.75);
(iii) For taking depositions and the certificate, seal andtransmission thereof, five dollars ($5.00);
(iv) For taking affidavit or acknowledgment, certifying andsealing same, fifty cents ($.50) for each person;
(v) For each certificate and seal, fifty cents ($.50);
(vi) For copying or photostating any record or paper of theclerk's office when the instrument, record or paper contains one (1) page, onedollar ($1.00), and when more, fifty cents ($.50) for each additional page;
(vii) For all transcripts in cases appealed to the supreme court,seventy dollars ($70.00), including certificates, seals and transmission. Tendollars ($10.00) of the fee under this paragraph shall be for court automation,ten dollars ($10.00) shall be for indigent civil legal services and both shallbe remitted as provided in W.S. 5-3-205;
(viii) For copies of other documents made by a county operator,fifty cents ($.50) for the first page and twenty-five cents ($.25) for eachadditional page;
(ix) For filing, recording and issuing certificates of intentionto become citizens of the United States and for final naturalization, includingoath and record, in accordance with the fee schedule of the United Statesimmigration and naturalization service;
(x) For docketing and in payment of clerk's fee after docketingincident to any appeal or bill of exception from a justice's court, fortydollars ($40.00), and for docketing any transcript of judgment from justice'scourt upon the judgment and execution dockets, thirty dollars ($30.00), whichamount shall be paid by appellant, or by judgment holder to the clerk at timeof docketing. Ten dollars ($10.00) of any fee imposed under this paragraphshall be for court automation, ten dollars ($10.00) shall be for indigent civillegal services and both shall be remitted as provided in W.S. 5-3-205.
5-3-207. Statement of costs mailed to parties to actions.
Ifrequested by a party to a case, the clerk of the court shall make up anitemized statement of the court costs in the case and mail a copy to therequesting party.
5-3-208. Amount of bond; conditions.
Eachclerk upon entering on the duties of his office, shall give a bond in the penalsum of not less than ten thousand dollars ($10,000.00) to the county with two(2) or more sufficient sureties to be approved by the county commissionersconditioned upon the faithful performance of the duties of his office, theproper collection and turning over all fees and the proper payment of allmoneys collected by him and he shall from time to time give such additionalbond as the judge of the court may require.
5-3-209. Clerk liable on bond for acts of deputies; deputy's bond.
Eachclerk shall be liable upon his official bond for all acts of his deputies, buteach clerk may take from his deputies a bond to himself to indemnify him onaccount of the acts of his deputies.
5-3-210. Duty as custodian of seal; seal to be attached to officialpapers.
Theclerk of the district court shall be custodian of the seal of said court, whichseal shall be kept in the office of the clerk of the district court in therespective counties and shall be attached to all writs, orders, or otherinstruments that the clerk of the district court is now or may hereafter berequired or permitted to sign or certify in his official capacity.
5-3-211. Books and records to be kept.
Theclerk of district court shall keep an appearance docket, a trial docket,journal, record and execution docket. The appearance docket, record andexecution docket may be kept and preserved in one (1) book.
5-3-212. Entries on appearance docket and their effect.
Theclerk shall enter on the appearance docket, at the time of the commencement ofan action or proceeding, the names of the parties in full, with names ofcounsel, and forthwith index the case, direct and reverse, in the name of eachplaintiff and defendant. He shall also enter at the time it occurs, under thecase so docketed, the issue of the summons or other mesne process or order, andthe filing of each paper, and he shall note on the appearance docket the dateof issuance, date of service and how served and date of filing, which will beevidence of such service.
5-3-213. Clerk not to act as attorney.
Noclerk of the district court or county clerk in counties wherein such clerk isex officio clerk of the district court, shall accept employment or retainer asan attorney-at-law or give any advice as such in any action, cause orproceeding pending in the court, wherein he is such clerk.
ARTICLE 3 - COMMISSIONERS
5-3-301. Appointment; number.
Districtcourts of the several judicial districts of this state are empowered to appointsuch number of district court commissioners in the several counties of theirrespective judicial districts as the public interest may require.
5-3-302. Term of office; summary removal.
Districtcourt commissioners shall hold office during the pleasure of the districtcourt, and may be summarily removed.
5-3-303. Qualifications.
Districtcourt commissioners shall be learned in the law in this state, residents of thedistrict for which appointed, and citizens of this state. To be learned in thelaw a person shall have sufficient knowledge, skill, training or experience toperform judicial functions.
5-3-304. Order of appointment to be made in open court and entered onjournal; use as evidence.
Theorder appointing each district court commissioner shall be made in open courtand entered upon the journal. A certified copy of such journal entry shall beevidence of such appointment in all the courts of this state.
5-3-305. Appointment and termination thereof to be reported to countyclerk.
When any court or the judge thereof, shallappoint a court commissioner who shall be authorized to take acknowledgmentsand administer oaths under this act, or whenever any court or the judge thereofshall revoke the appointment of any such court commissioner, or when any suchcommissioner shall resign, or his appointment cease for any reason, it shall bethe duty of the clerk of said court to immediately notify, in writing, thecounty clerk of each county embraced within the jurisdiction of said court, ofthe making of said appointment or the termination thereof, as the case may be.
5-3-306. Oath.
Districtcourt commissioners before entering upon the discharge of their officialduties, shall take and subscribe before the clerk of the district court, of thecounty for which they were respectively appointed, the oath of office providedby the constitution.
5-3-307. Powers generally.
(a) Each district court commissioner shall have the powers inrespect to every suit or proceeding pending in the district court of the countyfor which he was appointed, as follows:
(i) If no judge qualified to hear or act in the proceeding oraction is present in the county for which such commissioner was appointed, tomake any order which a judge of the district court is authorized by law to makein chambers and to hear and determine cases of mental illness or mentalincompetency, and to hold juvenile detention or shelter care hearings;
(ii) To make any order which a judge of the district court isauthorized by law to make in chambers, upon the written statement of suchjudge, filed with the papers, that he is disqualified in such case;
(iii) To administer oaths;
(iv) To hear, try and determine all issues whenever anapplication shall have been made for a change of judge;
(v) To take evidence and make findings, and report the same tothe district court;
(vi) To take depositions;
(vii) To punish persons for contempts committed during hearingshad before him;
(viii) To issue and enforce process for the attendance ofwitnesses and production of evidence in all lawful hearings before him, in thesame manner and with like force as the court might do if in session.
5-3-308. Fees.
Thefees of the district court commissioners shall be fixed by the district courtsin which their services are rendered and may be taxed as costs, paid from thebudget of the district court or from other funds available for that purpose.
5-3-309. Orders to be entered in court journal.
Allorders made by, and proceedings had before district court commissioners, shallbe entered at length in the journal of the district court of the county forwhich they were appointed, by the district clerk, and shall be signed by thecommissioners.
5-3-310. District court to review orders; approval or disapproval.
Thedistrict court shall at each term review all orders made by, and proceedingshad before commissioners of such court during vacation, and approve,disapprove, reverse or modify every such order or proceeding.
5-3-311. Office of commissioner and clerk declared incompatible.
Theoffice of district court commissioner and clerk of the district court arehereby declared to be incompatible and no person shall occupy the office ofdistrict court commissioner who is at the same time a clerk of the districtcourt, or is a county clerk in counties wherein such clerk is ex officio clerkof court.
5-3-312. Commissioner not to act as attorney; when attorney not toact as commissioner.
Nodistrict court commissioner shall accept employment or retainer as anattorney-at-law, or give any advice as such in any action, cause or proceedingpending before him as such commissioner; and he shall not be authorized to actas such commissioner, or exercise any of the powers thereof, in any action,case or proceeding in which or as to the subject thereof he shall have beenengaged, employed or retained as an attorney, or in reference to which and thesubject thereof he shall have given any advice.
ARTICLE 4 - REPORTER
5-3-401. Office created; appointment; term.
Theoffice of official court reporter for each judge of each judicial district inthe state of Wyoming is hereby created and each judge of each judicial districtin the state of Wyoming is hereby required and empowered to appoint one (1)court reporter for his district, whose term of office shall be during thepleasure of the judge making such appointment and until their successor isappointed and qualified.
Suchreporter shall be in constant attendance upon the judge of said court at alltimes, and shall be the clerk and stenographer of the judge, and he shall besworn to the faithful performance of his duty, and take the oath of officerequired in the constitution of this state, and shall remain in attendance onthe court, and take full stenographic notes in cases tried during saidattendance, of all testimony or admissions made by either side, objections tothe introduction of testimony, the ruling of the court thereon, the exceptionstaken thereto, and such other proceedings as the court may direct, and shallpreserve such stenographic notes and furnish a transcript thereof, or of anypart of same, upon the request of any party having an interest therein,provided, however, that if no request for such transcript shall be made to thecourt reporter for a period of ten (10) years subsequent to the hearing of anycause wherein stenographic records have been taken, the said court reporter maydestroy his original stenographic records, and, provided, further, however,that if a transcript shall be furnished any party as provided herein, then andin that event, the court reporter may destroy his original stenographic recordswithin a period of ten (10) years from and after the furnishing of saidtranscript to the party or parties ordering same.
5-3-404. Criminal cases; reporting and transcript of proceedings.
Thecourt reporter for criminal cases prosecuted in the district court shall reportall testimony and all proceedings held in open court, except informaldiscussions, informal instruction conferences and pretrial conferences whichshall be reported when requested by a party. The reporter shall, within areasonable time, transcribe arraignment, plea, change of plea and sentencinghearings and file the transcript in the official court record.
Inany case arising as a post conviction relief proceeding, W.S. 7-14-101 through7-14-108, in which the presiding judge has determined that the post convictionpetition is sufficient to require an answer, the court reporter shalltranscribe the record of the criminal proceeding in which the petitioner wasconvicted in full unless the court shall, by written order, determine thatportions of the record are not required or material for decision in theproceeding. Additionally, the court reporter shall record evidentiaryproceedings conducted under this section and shall transcribe that record if anappeal is taken.
5-3-406. Criminal cases; original and copy of transcript to befurnished when required by order.
Theofficial court reporter shall transcribe and furnish an original and copy ofthe proceedings at the trial of any person sentenced to any imprisonment wherean order is or has been entered so requiring.
5-3-407. Criminal cases; payment of fees; form and contents ofcertificate.
Thereporter shall be paid in full for all his services in connection with thetranscribing and filing or furnishing the transcripts referred to in this act,the same fee for the transcribing, filing, and furnishing of transcripts asprovided in W.S. 5-3-410. All such fees shall be paid out of the state treasuryon the warrant of the state auditor from appropriations made for such purpose,upon presentation of a certificate signed by the presiding judge setting theamount due said reporter. Such certificate shall as to each originaltranscript, and copy where fee for copy is authorized, set forth the title andnumber of the cause in which the transcript was required to be furnished, thenature of the proceedings transcribed, whether an arraignment, proceedings atcriminal trial or proceedings at post conviction hearing, and the fee approvedtherefor. The state auditor may prescribe the form of the certificate andfurnish same.
5-3-408. Bond.
Eachofficial reporter, appointed as aforesaid, shall give a bond to the state of Wyoming,with sufficient sureties, to be approved by the judge of the district court ofsuch district, and filed with the secretary of state, in the sum of onethousand dollars ($1,000.00), conditioned for the faithful and efficientperformance of the duties of said office.
5-3-409. Duty as judge's stenographer.
Each official reporter appointed under theprovisions of this act, as court reporter, shall also be the stenographer ofthe judge of said court, and shall do and perform such stenographic labor forthe judge of said court as of him or her may be required in his officialcapacity as judge.
5-3-410. Fees for civil cases; collection; to be paid into statetreasury; liability of reporter for collection; fees for transcripts andrecords.
(a) In all civil cases the official court reporter shallcollect a fee of forty-five dollars ($45.00) per day for reporting, as setforth in W.S. 5-3-403. The fee is payable in advance by the parties who requestthe reporting service. The fee shall be paid into the state treasury.
(b) The fees which have been paid for reporting by therequesting party may be taxed as costs against the unsuccessful party.
(c) Immediately upon conclusion of the proceeding, the reportershall notify the clerk of the court of the fees which have been paid by therespective parties to the action, for the purpose of taxing costs.
(d) All fees paid to the court reporter for reporting servicesunder W.S. 5-3-403 shall be paid into the state treasury as soon as practicableafter the first Monday of each month after the services are performed. Thecourt reporter is liable upon his official bond for collecting and transmittingreporting fees to the state treasury.
(e) The reporter may charge three dollars and twenty-five cents($3.25) per page of twenty-five (25) lines, for all transcripts, records andother papers required to be made and issued as the official reporter. At noadditional charge, the reporter shall include one (1) copy for the partyordering the original. The reporter may charge one dollar and twenty-five cents($1.25) per page for each additional copy, and may require payment in advanceor upon delivery.
5-3-411. Salary.
Eachofficial district court reporter in this state shall be paid annual salaries asprovided by law, payable in equal monthly installments upon warrant of thestate auditor upon the state treasurer.
5-3-412. Substitute during absence or disability.
Incase of sickness or if said official court reporter be unable to attend to hisofficial duties from any cause at any time, the judge of the district court ineach judicial district in this state, when the trial of cases required to bereported necessitates it, is authorized and empowered to obtain a suitable andcompetent person as substitute for such official court reporter, during suchdisability; such substitute to receive the fees herein provided for in fullcompensation for such services. And in all cases where any signature of theofficial court reporter is required, the same, during the absence or any suchdisability of the official court reporter shall be signed by the personsubstituted therefor as acting official court reporter, and in such cases thesame shall have the same legal force and effect as if signed by the officialcourt reporter.
ARTICLE 5 - PROBATION COUNSELORS
5-3-501. Definitions.
(a) When used in this act, the following definitions will applyunless the context otherwise requires:
(i) Court. - The word "court" shall mean the districtor juvenile courts;
(ii) Counselor. - An officer appointed by the countycommissioners with the approval of the district judge in the district where heis to be employed under the provisions of this act to work with juvenileoffenders, and parolees or probationers;
(iii) Probationer. - Any person placed on probation with theimposition and execution of sentence suspended after a plea of guilty or nolocontendere or after conviction of any offense in any district or juvenile courtin Wyoming, or by any court of a foreign state having jurisdiction to placesuch offenders on probation, or any person who has been paroled before sentenceby any district or juvenile court;
(iv) Tense, Gender. - The singular includes the plural, theplural the singular, and the masculine the feminine, when consistent with theintent of the act.
5-3-502. Employment authorized; employment of 1 counselor for 2 ormore districts.
Thecounty commissioners are hereby authorized to employ sufficient counselors insuch judicial district upon the written request of the district judge or judgestherein. In any district where in the discretion of the district judge orjudges the case load does not justify the hiring of a counselor, a counselormay be employed to work in two (2) or more districts.
5-3-503. Appointment after approval by district judge; determinationof maximum salary.
Counselorsmay be appointed by the county commissioners only after the applicant isinterviewed and approved by the district judge or judges in the district inwhich he is to be employed. The maximum salary of counselors appointed underthe provisions of this act, shall be determined by the county commissioners.
5-3-504. Duties.
(a) Each counselor employed under the provisions of this actshall have the following duties:
(i) He shall make a complete social and backgroundinvestigation of all persons referred to him by the court. This investigationshall include past violations, family background, present source of income andfamily status. It shall include a written recommendation as to disposition ofthe offender by the counselor, which shall be submitted to the court prior tosentencing:
(A) The investigation may be waived by the offender unless thecourt specifically requests it;
(B) Special attention shall be given to minor offenders in theeffort to rehabilitate them toward responsible citizenship;
(ii) He may make social history investigations where requestedby judges in cases where minors are involved. In such cases he may assumeauthority where the offender is placed on probation by the presiding officer;
(iii) He shall furnish to each person released on probation andplaced under his supervision a written statement of conditions of the probationor parole and shall instruct each of his charges thereon. Each counselor shallkeep informed concerning the conduct and conditions of each person in hischarge by making regular personal visits, and in other ways he deems necessaryor advisable;
(iv) A written report shall be submitted periodically on eachperson under the counselor's supervision to the department of corrections or,as appropriate, the department of family services and a copy shall be sent tothe judge having jurisdiction of the case;
(v) He shall advise and counsel his charges and encourage stepsin the direction of rehabilitation and good citizenship.
5-3-101. Judicial districts enumerated; terms of court.
(a) The state of Wyoming is divided into judicial districts asfollows with terms as designated:
(i) The county of Laramie is the first judicial district.Regular terms of the district court shall be held in Laramie county one (1)term beginning on the fourth Monday in March, and one (1) term beginning on thefirst Monday in October;
(ii) The counties of Albany and Carbon are the second judicialdistrict. Regular terms of the district court in each county shall be held:
(A) In Albany county, one (1) term beginning on the thirdMonday in March, and one (1) term beginning on the second Monday in September;and
(B) In Carbon county, one (1) term beginning on the thirdMonday in February, and one (1) term beginning on the second Monday in October.
(iii) The counties of Sweetwater, Lincoln and Uinta are the thirdjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Sweetwater county, one (1) term beginning on the thirdMonday in April, and one (1) term beginning on the third Monday in November;
(B) In Lincoln county, one (1) term beginning on the firstMonday in May, and one (1) term beginning on the first Monday in November; and
(C) In Uinta county, one (1) term beginning on the first Mondayin April, and one (1) term beginning on the first Monday in October.
(iv) The counties of Johnson and Sheridan are the fourthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Johnson county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;and
(B) In Sheridan county, one (1) term beginning on the firstMonday in April, and one (1) term beginning on the first Monday in October.
(v) The counties of Big Horn, Hot Springs, Park and Washakieare the fifth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Big Horn county, one (1) term beginning on the secondMonday in February, and one (1) term beginning on the second Monday in August;
(B) In Hot Springs county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the second Monday in October;
(C) In Park county, one (1) term beginning on the second Mondayin May, and one (1) term beginning on the second Monday in November; and
(D) In Washakie county, one (1) term beginning on the secondMonday in March, and one (1) term beginning on the second Monday in September.
(vi) The counties of Campbell, Crook and Weston are the sixthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Campbell county, one (1) term beginning on the firstMonday in February and one (1) term beginning on the second Monday inSeptember;
(B) In Crook county, one (1) term beginning on the secondMonday in May, and one (1) term beginning on the second Monday in October; and
(C) In Weston county, one (1) term beginning on the first Mondayin March, and one (1) term beginning on the third Monday in September.
(vii) Natrona county is the seventh judicial district. Regularterms of district court shall be held, one (1) term beginning on the firstTuesday in March, and one (1) term beginning on the first Tuesday in September;
(viii) The counties of Converse, Platte, Goshen and Niobrara arethe eighth judicial district. Regular terms of the district court in eachcounty shall be held:
(A) In Converse county, one (1) term beginning on the thirdMonday in April and one (1) term beginning on the third Monday in October;
(B) In Platte county, one (1) term beginning on the firstTuesday in February and one (1) term beginning on the second Tuesday inSeptember;
(C) In Goshen county, one (1) term beginning on the thirdTuesday in November and one (1) term beginning on the first Tuesday in May; and
(D) In Niobrara county, one (1) term beginning on the secondMonday in February and one (1) term beginning on the first Tuesday in September.
(ix) The counties of Fremont, Teton and Sublette are the ninthjudicial district. Regular terms of the district court in each county shall beheld:
(A) In Fremont county, one (1) term beginning on the secondMonday in April, and one (1) term beginning on the fourth Monday in September;
(B) In Teton county, one (1) term beginning on the third Mondayin May, and one (1) term beginning on the second Monday in October; and
(C) In Sublette county, one (1) term beginning on the firstMonday in June, and one (1) term beginning on the second Monday in September.
5-3-102. Number of judges; distribution among districts; concurrentjurisdiction; judicial conference to adopt rules.
(a) There shall be one (1) judge of the district court in thefourth judicial district, two (2) judges of the district court in the second,fifth and eighth judicial districts and three (3) judges of the district courtin the first, third, sixth, seventh and ninth judicial districts. In the secondjudicial district, one (1) judge shall reside in Albany county and one (1)shall reside in Carbon county. In the third judicial district two (2) judgesshall reside in Sweetwater county. In the ninth judicial district one (1) judgeshall reside in Fremont county, one (1) judge shall reside in Teton county andone (1) judge shall reside in Sublette county. All district judges in the stateshall have concurrent jurisdiction throughout the state and for purposes ofassignment, shall have concurrent jurisdiction throughout the state with allcircuit court judges.
(b) The district courts shall be free of administrative andfiscal control by the supreme court. There shall be a judicial conferencecomprised of all district judges which shall meet no less than twice per year.The conference shall coordinate improvement efforts with the judicialadministrative conference and shall report to the joint judiciary interimcommittee of such efforts annually on or before November 1. The conferenceshall adopt rules governing the organization and procedures of the conferencewhich shall be published in the court rules volume of the Wyoming statutes. The conference shall adopt rules, which shall be binding on all of the districtjudges, governing the administration of the district courts to include, withoutlimitation, personnel, fiscal and budgetary policy except technology whichshall be done to provide an integrated statewide system in accordance with theefforts of the judicial technology task force. The judicial conference shallalso adopt suitable rules to provide for division of the work between thejudges in multi-judge districts. The judicial conference shall keep minutes ofall meetings which, along with all rules adopted by the conference, shall befiled with the supreme court and be made available to the public.
5-3-103. Failure of judge to open court at appointed time; duty ofclerk to declare court open.
Iffor any cause a judge of any district court of the state of Wyoming shall failat the time and place appointed for opening any regular or special term of saidcourt, to so open said court by two (2:00) o'clock in the afternoon of the dayon which it should be opened, it shall be lawful and the duty of the clerk ofsuch court at said time and place to declare publicly in the courtroom thereof,that such term is then opened for the transaction of business, and to make anote of such opening on the court journal of his office.
5-3-104. Opening day in case of legal holiday.
Wheneverthe opening day of a term of any district court in the state of Wyoming fallsupon a day designated as a legal holiday, as defined in W.S. 8-4-101, it ishereby provided that the day following such legal holiday shall be the openingday of the term of the district court.
5-3-105. Simultaneous terms in same district; calling in judge fromanother district.
Itshall be lawful for two (2) or more terms of court to be in session indifferent counties in the same district at the same time. In case any judge ofany district shall find it impossible for him to attend at any general orspecial term of court, or any part thereof, in any county of his district, heshall have the power, and it shall be his duty to call in some other districtjudge of the state to hold such term or part of term of court, and any districtjudge so called in shall have all the powers of the district judge of thedistrict in relation to any and all matters coming before him at such term orpart of term.
5-3-106. Judges to hold court for each other.
Thejudges of the several district courts shall hold courts for each other, whenfrom any cause, any judge of a district court is unable to act or to hear, tryor determine any cause, or to hold any term or portion of a term of anydistrict court in his district; and in such event the judge so disqualified orunable to act shall call upon one (1) of the other judges of the district courtto hear, try and determine such cause, or to hold such term or portion of aterm of court, and the said judge so called upon, shall try, hear or determinesaid cause, or hold such term or portion of a term, with all the jurisdiction,power and authority possessed by the judge of the district court of thedistrict whereto he is called to act as judge.
5-3-107. Assignment of acting or retired judge to another district incase of death or other emergency.
Ifany judge of any district court in this state shall die, or for any reasonbecome unwilling or unable to perform the duties of his office, the chiefjustice of the supreme court of the state of Wyoming, by order to be dulyentered in the records of the district court of each county in such district,may assign any district judge or any retired judge of this state, to performany and all judicial functions therein, until a successor for such districtshall have been appointed or elected and qualified according to law, and suchassigned judge shall have the same jurisdiction and authority in such districtas a duly elected and qualified judge of such district.
5-3-108. Expenses of judges while acting on supreme bench.
Alltraveling expenses incurred by any district judge while traveling to and fromthe capitol at Cheyenne, for the purpose of sitting at the supreme court tohear and determine cases presented before said court, and his expenses at thecapitol, while so engaged, shall be charged to the contingent fund of thesupreme court.
5-3-109. Expenses of judges when acting in another district orcircuit.
Theexpenses of any district judge holding court in any district other than his ownor in any circuit court pursuant to assignment under W.S. 5-9-131, includinghis traveling expenses to and from said district or circuit, and his expenseswhile holding court therein, shall be charged to the contingent fund of thecourt in whose district he is so holding court or to the contingent fund of thecircuit court in whose circuit he is so holding court pursuant to assignmentunder W.S. 5-9-131.
5-3-110. Seal of the district court.
Eachcounty shall provide the clerk of its district court with a seal, the impressionof which shall contain the following words: "The District Court ofWyoming", together with the name of the county in which the same is to beused.
5-3-111. County law library.
Theboard of county commissioners shall have the power to establish and maintain intheir respective counties, a county law library, for the use and benefit of thejudge of the district court and other citizens of the state and shall have thepower to appropriate and set aside for the maintenance and support of said library,such moneys as it shall deem necessary or see fit. The district court of suchcounty shall superintend and direct all expenditures made for said library, andshall have full power to make any rules and regulations, proper and necessaryfor the preservation, increase and use of the library, not inconsistent withlaw.
5-3-112. Assignment to circuit court judge.
(a) A judge of the district court may assign to a circuit courtjudge any case or proceeding within the jurisdiction of the district court subjectonly to the following restrictions:
(i) Rules promulgated by the supreme court;
(ii) Acceptance of the judge to whom the assignment of the caseor proceeding is to be made;
(iii) Consent of each plaintiff and each defendant in a civilaction wherein the amount in controversy is twenty thousand dollars($20,000.00) or greater; and
(iv) Consent of both the prosecutor and the defendant in acriminal case in which the defendant is charged with any crime for which theaggregate sentences for all crimes charged exceed five (5) years in prison.
(b) The law and rules governing district court and appealstherefrom shall apply to a case or proceeding assigned pursuant to thissection.
ARTICLE 2 - CLERK
5-3-201. Office created; term; election in counties of first andsecond class; county clerk designated ex officio clerk in other counties.
Thereshall be a clerk of the district court in each organized county of the statewhose term of office shall be four (4) years and until his successor is electedand qualified. Clerks of the district court shall be elected at generalelections in counties of the first and second class; and in all other countiesthe county clerk shall be ex officio clerk of the district court, and shallperform all of the duties pertaining to the office of clerk of the districtcourt.
5-3-202. Duties generally.
Eachclerk of the district court shall keep and make up the records and books of thecourt of his particular county, receive all cases filed therein, properlyrecord and attend to the same, and shall have the care and custody of all therecords, seal, books, papers and property pertaining to his said office or thecourt of the county for which he is elected and which may be filed or depositedtherein, and shall receive, account for and pay over all money that may comeinto the possession of the court according to law, and under the orders ordecrees of the court, except that which shall be received by mastercommissioners. He shall keep all records and files in criminal cases, andattend to all duties required of the clerk in relation thereto. He shall attendupon the terms of court held in the county for which he is elected, and performsuch duties relating to his office as may be required of him by the court, andshall perform all such other duties relating to his office as are required ofhim by law or the rules and practice of the courts.
5-3-203. Vacation of office; filling of vacancies.
Theoffice of the clerk of the district court shall be deemed vacated under the circumstances provided by W.S. 22-18-101. Any vacancy in the office of theclerk of the district court shall be filled as provided by W.S. 22-18-111.
5-3-204. Salaries to be paid by county.
Thesalaries of clerks of the district courts shall be paid by the county in whichthey respectively act, in monthly installments, after services are performed.
5-3-205. Collection of fees in advance; payment to treasurer;liability for collection.
(a) All fees prescribed by statute for civil business, shall becollected in advance by the clerk and except as otherwise provided in thissection shall be paid to the treasurer of the county at the end of each month.The clerk shall be liable under his bond for the collection and payment of suchfees. The clerk shall remit:
(i) The court automation fee prescribed by W.S.2-2-401(a)(iii), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to thejudicial systems automation account established by W.S. 5-2-120 at the end ofeach month;
(ii) The indigent civil legal services fee prescribed by W.S.2-2-401(a)(iv), 5-3-206(a)(i), (vii) and (x), 6-10-102 and 6-10-103 to theindigent civil legal services account established by W.S. 5-2-121 at the end ofeach month.
5-3-206. Fees.
(a) For all civil matters filed or commenced, the clerk ofeach district court shall charge the following fees:
(i) For filing instruments or documents in each civil actionand certifying one (1) copy of any order, decree or judgment at the time of itsfiling for each party, an original filing fee of seventy dollars ($70.00) whichshall be paid by the plaintiff. This fee shall apply to original actionscommenced and to actions that are reopened after a final decree previously hasbeen entered. Ten dollars ($10.00) of the filing fee shall be for courtautomation, ten dollars ($10.00) shall be for indigent civil legal services andboth shall be remitted as provided in W.S. 5-3-205;
(ii) For issuing commission to take deposition, seventy-fivecents ($.75);
(iii) For taking depositions and the certificate, seal andtransmission thereof, five dollars ($5.00);
(iv) For taking affidavit or acknowledgment, certifying andsealing same, fifty cents ($.50) for each person;
(v) For each certificate and seal, fifty cents ($.50);
(vi) For copying or photostating any record or paper of theclerk's office when the instrument, record or paper contains one (1) page, onedollar ($1.00), and when more, fifty cents ($.50) for each additional page;
(vii) For all transcripts in cases appealed to the supreme court,seventy dollars ($70.00), including certificates, seals and transmission. Tendollars ($10.00) of the fee under this paragraph shall be for court automation,ten dollars ($10.00) shall be for indigent civil legal services and both shallbe remitted as provided in W.S. 5-3-205;
(viii) For copies of other documents made by a county operator,fifty cents ($.50) for the first page and twenty-five cents ($.25) for eachadditional page;
(ix) For filing, recording and issuing certificates of intentionto become citizens of the United States and for final naturalization, includingoath and record, in accordance with the fee schedule of the United Statesimmigration and naturalization service;
(x) For docketing and in payment of clerk's fee after docketingincident to any appeal or bill of exception from a justice's court, fortydollars ($40.00), and for docketing any transcript of judgment from justice'scourt upon the judgment and execution dockets, thirty dollars ($30.00), whichamount shall be paid by appellant, or by judgment holder to the clerk at timeof docketing. Ten dollars ($10.00) of any fee imposed under this paragraphshall be for court automation, ten dollars ($10.00) shall be for indigent civillegal services and both shall be remitted as provided in W.S. 5-3-205.
5-3-207. Statement of costs mailed to parties to actions.
Ifrequested by a party to a case, the clerk of the court shall make up anitemized statement of the court costs in the case and mail a copy to therequesting party.
5-3-208. Amount of bond; conditions.
Eachclerk upon entering on the duties of his office, shall give a bond in the penalsum of not less than ten thousand dollars ($10,000.00) to the county with two(2) or more sufficient sureties to be approved by the county commissionersconditioned upon the faithful performance of the duties of his office, theproper collection and turning over all fees and the proper payment of allmoneys collected by him and he shall from time to time give such additionalbond as the judge of the court may require.
5-3-209. Clerk liable on bond for acts of deputies; deputy's bond.
Eachclerk shall be liable upon his official bond for all acts of his deputies, buteach clerk may take from his deputies a bond to himself to indemnify him onaccount of the acts of his deputies.
5-3-210. Duty as custodian of seal; seal to be attached to officialpapers.
Theclerk of the district court shall be custodian of the seal of said court, whichseal shall be kept in the office of the clerk of the district court in therespective counties and shall be attached to all writs, orders, or otherinstruments that the clerk of the district court is now or may hereafter berequired or permitted to sign or certify in his official capacity.
5-3-211. Books and records to be kept.
Theclerk of district court shall keep an appearance docket, a trial docket,journal, record and execution docket. The appearance docket, record andexecution docket may be kept and preserved in one (1) book.
5-3-212. Entries on appearance docket and their effect.
Theclerk shall enter on the appearance docket, at the time of the commencement ofan action or proceeding, the names of the parties in full, with names ofcounsel, and forthwith index the case, direct and reverse, in the name of eachplaintiff and defendant. He shall also enter at the time it occurs, under thecase so docketed, the issue of the summons or other mesne process or order, andthe filing of each paper, and he shall note on the appearance docket the dateof issuance, date of service and how served and date of filing, which will beevidence of such service.
5-3-213. Clerk not to act as attorney.
Noclerk of the district court or county clerk in counties wherein such clerk isex officio clerk of the district court, shall accept employment or retainer asan attorney-at-law or give any advice as such in any action, cause orproceeding pending in the court, wherein he is such clerk.
ARTICLE 3 - COMMISSIONERS
5-3-301. Appointment; number.
Districtcourts of the several judicial districts of this state are empowered to appointsuch number of district court commissioners in the several counties of theirrespective judicial districts as the public interest may require.
5-3-302. Term of office; summary removal.
Districtcourt commissioners shall hold office during the pleasure of the districtcourt, and may be summarily removed.
5-3-303. Qualifications.
Districtcourt commissioners shall be learned in the law in this state, residents of thedistrict for which appointed, and citizens of this state. To be learned in thelaw a person shall have sufficient knowledge, skill, training or experience toperform judicial functions.
5-3-304. Order of appointment to be made in open court and entered onjournal; use as evidence.
Theorder appointing each district court commissioner shall be made in open courtand entered upon the journal. A certified copy of such journal entry shall beevidence of such appointment in all the courts of this state.
5-3-305. Appointment and termination thereof to be reported to countyclerk.
When any court or the judge thereof, shallappoint a court commissioner who shall be authorized to take acknowledgmentsand administer oaths under this act, or whenever any court or the judge thereofshall revoke the appointment of any such court commissioner, or when any suchcommissioner shall resign, or his appointment cease for any reason, it shall bethe duty of the clerk of said court to immediately notify, in writing, thecounty clerk of each county embraced within the jurisdiction of said court, ofthe making of said appointment or the termination thereof, as the case may be.
5-3-306. Oath.
Districtcourt commissioners before entering upon the discharge of their officialduties, shall take and subscribe before the clerk of the district court, of thecounty for which they were respectively appointed, the oath of office providedby the constitution.
5-3-307. Powers generally.
(a) Each district court commissioner shall have the powers inrespect to every suit or proceeding pending in the district court of the countyfor which he was appointed, as follows:
(i) If no judge qualified to hear or act in the proceeding oraction is present in the county for which such commissioner was appointed, tomake any order which a judge of the district court is authorized by law to makein chambers and to hear and determine cases of mental illness or mentalincompetency, and to hold juvenile detention or shelter care hearings;
(ii) To make any order which a judge of the district court isauthorized by law to make in chambers, upon the written statement of suchjudge, filed with the papers, that he is disqualified in such case;
(iii) To administer oaths;
(iv) To hear, try and determine all issues whenever anapplication shall have been made for a change of judge;
(v) To take evidence and make findings, and report the same tothe district court;
(vi) To take depositions;
(vii) To punish persons for contempts committed during hearingshad before him;
(viii) To issue and enforce process for the attendance ofwitnesses and production of evidence in all lawful hearings before him, in thesame manner and with like force as the court might do if in session.
5-3-308. Fees.
Thefees of the district court commissioners shall be fixed by the district courtsin which their services are rendered and may be taxed as costs, paid from thebudget of the district court or from other funds available for that purpose.
5-3-309. Orders to be entered in court journal.
Allorders made by, and proceedings had before district court commissioners, shallbe entered at length in the journal of the district court of the county forwhich they were appointed, by the district clerk, and shall be signed by thecommissioners.
5-3-310. District court to review orders; approval or disapproval.
Thedistrict court shall at each term review all orders made by, and proceedingshad before commissioners of such court during vacation, and approve,disapprove, reverse or modify every such order or proceeding.
5-3-311. Office of commissioner and clerk declared incompatible.
Theoffice of district court commissioner and clerk of the district court arehereby declared to be incompatible and no person shall occupy the office ofdistrict court commissioner who is at the same time a clerk of the districtcourt, or is a county clerk in counties wherein such clerk is ex officio clerkof court.
5-3-312. Commissioner not to act as attorney; when attorney not toact as commissioner.
Nodistrict court commissioner shall accept employment or retainer as anattorney-at-law, or give any advice as such in any action, cause or proceedingpending before him as such commissioner; and he shall not be authorized to actas such commissioner, or exercise any of the powers thereof, in any action,case or proceeding in which or as to the subject thereof he shall have beenengaged, employed or retained as an attorney, or in reference to which and thesubject thereof he shall have given any advice.
ARTICLE 4 - REPORTER
5-3-401. Office created; appointment; term.
Theoffice of official court reporter for each judge of each judicial district inthe state of Wyoming is hereby created and each judge of each judicial districtin the state of Wyoming is hereby required and empowered to appoint one (1)court reporter for his district, whose term of office shall be during thepleasure of the judge making such appointment and until their successor isappointed and qualified.
Suchreporter shall be in constant attendance upon the judge of said court at alltimes, and shall be the clerk and stenographer of the judge, and he shall besworn to the faithful performance of his duty, and take the oath of officerequired in the constitution of this state, and shall remain in attendance onthe court, and take full stenographic notes in cases tried during saidattendance, of all testimony or admissions made by either side, objections tothe introduction of testimony, the ruling of the court thereon, the exceptionstaken thereto, and such other proceedings as the court may direct, and shallpreserve such stenographic notes and furnish a transcript thereof, or of anypart of same, upon the request of any party having an interest therein,provided, however, that if no request for such transcript shall be made to thecourt reporter for a period of ten (10) years subsequent to the hearing of anycause wherein stenographic records have been taken, the said court reporter maydestroy his original stenographic records, and, provided, further, however,that if a transcript shall be furnished any party as provided herein, then andin that event, the court reporter may destroy his original stenographic recordswithin a period of ten (10) years from and after the furnishing of saidtranscript to the party or parties ordering same.
5-3-404. Criminal cases; reporting and transcript of proceedings.
Thecourt reporter for criminal cases prosecuted in the district court shall reportall testimony and all proceedings held in open court, except informaldiscussions, informal instruction conferences and pretrial conferences whichshall be reported when requested by a party. The reporter shall, within areasonable time, transcribe arraignment, plea, change of plea and sentencinghearings and file the transcript in the official court record.
Inany case arising as a post conviction relief proceeding, W.S. 7-14-101 through7-14-108, in which the presiding judge has determined that the post convictionpetition is sufficient to require an answer, the court reporter shalltranscribe the record of the criminal proceeding in which the petitioner wasconvicted in full unless the court shall, by written order, determine thatportions of the record are not required or material for decision in theproceeding. Additionally, the court reporter shall record evidentiaryproceedings conducted under this section and shall transcribe that record if anappeal is taken.
5-3-406. Criminal cases; original and copy of transcript to befurnished when required by order.
Theofficial court reporter shall transcribe and furnish an original and copy ofthe proceedings at the trial of any person sentenced to any imprisonment wherean order is or has been entered so requiring.
5-3-407. Criminal cases; payment of fees; form and contents ofcertificate.
Thereporter shall be paid in full for all his services in connection with thetranscribing and filing or furnishing the transcripts referred to in this act,the same fee for the transcribing, filing, and furnishing of transcripts asprovided in W.S. 5-3-410. All such fees shall be paid out of the state treasuryon the warrant of the state auditor from appropriations made for such purpose,upon presentation of a certificate signed by the presiding judge setting theamount due said reporter. Such certificate shall as to each originaltranscript, and copy where fee for copy is authorized, set forth the title andnumber of the cause in which the transcript was required to be furnished, thenature of the proceedings transcribed, whether an arraignment, proceedings atcriminal trial or proceedings at post conviction hearing, and the fee approvedtherefor. The state auditor may prescribe the form of the certificate andfurnish same.
5-3-408. Bond.
Eachofficial reporter, appointed as aforesaid, shall give a bond to the state of Wyoming,with sufficient sureties, to be approved by the judge of the district court ofsuch district, and filed with the secretary of state, in the sum of onethousand dollars ($1,000.00), conditioned for the faithful and efficientperformance of the duties of said office.
5-3-409. Duty as judge's stenographer.
Each official reporter appointed under theprovisions of this act, as court reporter, shall also be the stenographer ofthe judge of said court, and shall do and perform such stenographic labor forthe judge of said court as of him or her may be required in his officialcapacity as judge.
5-3-410. Fees for civil cases; collection; to be paid into statetreasury; liability of reporter for collection; fees for transcripts andrecords.
(a) In all civil cases the official court reporter shallcollect a fee of forty-five dollars ($45.00) per day for reporting, as setforth in W.S. 5-3-403. The fee is payable in advance by the parties who requestthe reporting service. The fee shall be paid into the state treasury.
(b) The fees which have been paid for reporting by therequesting party may be taxed as costs against the unsuccessful party.
(c) Immediately upon conclusion of the proceeding, the reportershall notify the clerk of the court of the fees which have been paid by therespective parties to the action, for the purpose of taxing costs.
(d) All fees paid to the court reporter for reporting servicesunder W.S. 5-3-403 shall be paid into the state treasury as soon as practicableafter the first Monday of each month after the services are performed. Thecourt reporter is liable upon his official bond for collecting and transmittingreporting fees to the state treasury.
(e) The reporter may charge three dollars and twenty-five cents($3.25) per page of twenty-five (25) lines, for all transcripts, records andother papers required to be made and issued as the official reporter. At noadditional charge, the reporter shall include one (1) copy for the partyordering the original. The reporter may charge one dollar and twenty-five cents($1.25) per page for each additional copy, and may require payment in advanceor upon delivery.
5-3-411. Salary.
Eachofficial district court reporter in this state shall be paid annual salaries asprovided by law, payable in equal monthly installments upon warrant of thestate auditor upon the state treasurer.
5-3-412. Substitute during absence or disability.
Incase of sickness or if said official court reporter be unable to attend to hisofficial duties from any cause at any time, the judge of the district court ineach judicial district in this state, when the trial of cases required to bereported necessitates it, is authorized and empowered to obtain a suitable andcompetent person as substitute for such official court reporter, during suchdisability; such substitute to receive the fees herein provided for in fullcompensation for such services. And in all cases where any signature of theofficial court reporter is required, the same, during the absence or any suchdisability of the official court reporter shall be signed by the personsubstituted therefor as acting official court reporter, and in such cases thesame shall have the same legal force and effect as if signed by the officialcourt reporter.
ARTICLE 5 - PROBATION COUNSELORS
5-3-501. Definitions.
(a) When used in this act, the following definitions will applyunless the context otherwise requires:
(i) Court. - The word "court" shall mean the districtor juvenile courts;
(ii) Counselor. - An officer appointed by the countycommissioners with the approval of the district judge in the district where heis to be employed under the provisions of this act to work with juvenileoffenders, and parolees or probationers;
(iii) Probationer. - Any person placed on probation with theimposition and execution of sentence suspended after a plea of guilty or nolocontendere or after conviction of any offense in any district or juvenile courtin Wyoming, or by any court of a foreign state having jurisdiction to placesuch offenders on probation, or any person who has been paroled before sentenceby any district or juvenile court;
(iv) Tense, Gender. - The singular includes the plural, theplural the singular, and the masculine the feminine, when consistent with theintent of the act.
5-3-502. Employment authorized; employment of 1 counselor for 2 ormore districts.
Thecounty commissioners are hereby authorized to employ sufficient counselors insuch judicial district upon the written request of the district judge or judgestherein. In any district where in the discretion of the district judge orjudges the case load does not justify the hiring of a counselor, a counselormay be employed to work in two (2) or more districts.
5-3-503. Appointment after approval by district judge; determinationof maximum salary.
Counselorsmay be appointed by the county commissioners only after the applicant isinterviewed and approved by the district judge or judges in the district inwhich he is to be employed. The maximum salary of counselors appointed underthe provisions of this act, shall be determined by the county commissioners.
5-3-504. Duties.
(a) Each counselor employed under the provisions of this actshall have the following duties:
(i) He shall make a complete social and backgroundinvestigation of all persons referred to him by the court. This investigationshall include past violations, family background, present source of income andfamily status. It shall include a written recommendation as to disposition ofthe offender by the counselor, which shall be submitted to the court prior tosentencing:
(A) The investigation may be waived by the offender unless thecourt specifically requests it;
(B) Special attention shall be given to minor offenders in theeffort to rehabilitate them toward responsible citizenship;
(ii) He may make social history investigations where requestedby judges in cases where minors are involved. In such cases he may assumeauthority where the offender is placed on probation by the presiding officer;
(iii) He shall furnish to each person released on probation andplaced under his supervision a written statement of conditions of the probationor parole and shall instruct each of his charges thereon. Each counselor shallkeep informed concerning the conduct and conditions of each person in hischarge by making regular personal visits, and in other ways he deems necessaryor advisable;
(iv) A written report shall be submitted periodically on eachperson under the counselor's supervision to the department of corrections or,as appropriate, the department of family services and a copy shall be sent tothe judge having jurisdiction of the case;
(v) He shall advise and counsel his charges and encourage stepsin the direction of rehabilitation and good citizenship.
