WYOMING STATE BAR SUPPORTS CONSTITUTIONAL AMENDMENT C

From the Wyoming State Bar:

WYOMING STATE BAR SUPPORTS CONSTITUTIONAL AMENDMENT C

The Wyoming State Bar would like to encourage Wyoming citizens to vote in favor of Constitutional Amendment C. 

The purpose of Constitutional Amendment C is to enhance the efficiency of the district court by removing two obstacles to the court’s use of court commissioners.  The state constitution currently allows court commissioners appointed by the district judge to conduct “chambers business”, and it grants the court commissioner authority to act in the absence of the district judge from the county.

However, much has changed in the operation of district courts since the 1890 when our constitution was adopted.  The statutes impose more duties and deadlines that can be difficult to fulfill promptly when the district court is conducting trials or other business. The amendment would give the court commissioner authority to act in matters beyond “chambers business,” such as emergency hearings in mental health and juvenile cases, where the district judge is within the county, but is otherwise occupied, such as in  a jury trial.  This would allow the district court to more promptly act on matters of great importance to members of the public.

“This is a simple, necessary and practical change that will increase public access to the court system,” said John Cotton, President of the Wyoming State Bar. “It will improve the legal system and enhance the administration of justice.  I strongly encourage support of the amendment.”

I concur with the opinion of the State Bar.  This would be a worthwhile amendment to the Wyoming State Constitution.    The actual text of the Amendment reads as follows:

Article 5, Section 14. District courts generally; commissioners.

The legislature shall provide by law for the appointment by the several district courts of one or more district court commissioners (who shall be persons learned in the law) in each organized county in which a district court is holden, such commissioners shall have authority to perform such business as may be prescribed by law, to take depositions and perform such other duties, and receive such compensation as shall be prescribed by law.