Bookends

I probably should have guessed, but I didn't.

I'd never met him before, and couldn't even place him in the set of people related to people I knew.  He was, or is rather, the grandson of a rancher I've known for eons, but I'd never seen him at a rural gathering.  He was dressed in a rural fashion, with the clothes natural to him, but wearing a ball cap rather than a cowboy hat.  I probably was too.  It was unseasonably cold, I remember that.

He was holding forth boldly on what was wrong on higher education.  All the professors were radical leftist.  

I figured he was probably right out of high school, in part no doubt as I'm a very poor judge of younger ages.  It was silly, so I just ignored him, although I found his speech arrogant.  The sort of speech you hear from somebody who presumes that nobody else has experienced what you have. ¹  I.e., we were a bunch of rural rubes not familiar with the dangerous liberals in higher education.

I figured he'd probably get over it as he moved through education.  

Yes, there are liberals in higher education. Frankly, the more educated a class is, the more likely that it is at least somewhat liberal.  That reflects itself in our current political demographic.  The more higher education a person has, the more likely they are to vote for the Democrats.  It's not universally true, but it's fairly true. And the Republicans, having gone populist, which is by definition a political stream that simply flows the "wisdom of the people", is a pretty shallow stream.  Conservatism isn't, but it's really hard to find right now.

I heard earlier this year that he'd obtained a summer position in D.C. with one of our current public servants there, and thought that figured, given the climate of the times.  Recently, his grandfather told me he'd just taken the LSAT.  

I didn't quite know what to say.  

I didn't have any idea he was that old.  And I didn't realize that was his aspiration.  I asked his progenitor if being a lawyer was his goal, and was informed that it was.  I did stumble around to asking what his undergraduate major was, thinking that some have multiple doors to the future, and some do not.

"Political science".

"Well, he doesn't have any place else to go then".²

Not the most encouraging response, I'm sure.

I've known a few lawyers that were of the populist political thought variety, but very, very few.  Of the few, one is in office right now, but I didn't know that person had that view until that person ran.  One is a nice plaintiff's lawyer who holds those views, but it's not his defining characteristic, like it tends to be with some people, and he's friends with those who don't.  One briefly was in the public eye and has disappeared.

He's going to find that most law professors, if you know their views at all, and most you won't, aren't populists.  Some are probably conservatives, and most are liberals.  A defining characteristic of the Post GI Bill field of law is that it's institutionally left wing.  As I've often noted before, there are in fact liberal jurists, but there really aren't "conservative" jurists in the true sense, in spite of what people like Robert Reich might think.

I suspect politics is the ultimate goal. By the time he's through with law school, and has some practice under his belt, the populist wave will have broken, a conservative politics will have reemerged and liberals will be back in power.³

So I hope that he likes the practice of law, as that's what law school trains you to do.  Not to save the world.  Not to "help people".  Not to provide opportunities for people who "like to argue".⁴ 

I'm not holding out a lot of hope.

Recently, I ran this:

June 25, 2024

An article on Hageman's primary challenger in the GOP:

Democrat-turned-Republican challenges Wyoming’s Harriet Hageman for U.S. House seat

Helling has a less than zero chance of unseating Hageman.  What this item really reminded me of, however, is just how old these candidates are.  Helling is an old lawyer.  His bar admission date is 1981, which would make him about 70.  Hageman's is 1989, which I knew which would make her about 61, old by historical standards although apparently arguably middle-aged now.

Barrasso is 71.  Lummis is 69. John Hotz, who is running against Barrasso, has a bar admission date of 1978 which would make him about three years older than Helling.  Seemingly the only younger candidate in the GOP race this primary is Rasner.

This isn't a comment on any of their politics, but rather their age.  Helling is opposed to nuclear power, a very 1970ish view.  With old people, come old views, quite often, even if they're repackaged as new ones.

Right after I ran it, I went to a hearing where one of the opposing lawyers is approaching 70 and supposedly is getting ready to retire, but doesn't seem to be.  Right after that, I was in a court hearing in which there were two younger lawyers, but a host of ones in their late 60s or well into their 70s.  One of the late 60s ones appeared to be stunned and noted that there was at least 200 years of legal experience in the room.

I was noticing the same thing.

Lawyers have a problem and that's beginning to scare me, not quite yet being of retirement age.  I'm not sure if they don't retire, can't retire, don't think they can retire, or something else.

It's not really good for the profession, I'm sure of that.  While it's a really Un-American thing to say, a field being dominated in some ways by the elderly pushes out the young.  And it's also sad.

It's sad as it's usually the case that younger people have wide, genuine, interests.  Lawyers often, although not always, give a lot of those up early on to build their careers. Then they don't go back to them due to those careers.  By the time they're in their late 50s, some are burnt out husks that have nothing but the law, and others are just, I think, afraid to leave it.

I think that's, in part, why you see lawyers run for office.  Maybe some are like our young firebrand first mentioned in this tread.  But others are finding a refuge from a cul-de-sac.  A lawyer who is nearly 70 should not become a first time office holder, and shouldn't even delude themselves into thinking that's a good idea (or that it's feasible).  They should remind themselves of what interested them when they were in their 20s.  The same is true of office holders in general who are in their 70s, or older.  

Footnotes:

1.  I've often seen this with young veterans and old ones.  Some young veteran will be holding forth, not realizing that the guy listening to him fought at Khe Sanh or the likes.

2.  That wasn't the most politic thing to say, but I was sort of hoping that the answer was "agriculture" or something, that had some more doors out.  

Political science really doesn't.  Maybe teaching.  But if our young protagonist graduates with a law degree and finds himself not in the world of political intrigue making sure that the American version of Viktor Orbán rises to the top, but rather whether his client, the mother of five children by seven men gets one of them to pay child support, which is highly likely, he's going to have no place to go.

3.  Bold prediction, I know, but probably correct.

Right now, I suspect that Donald Trump will in fact win the Presidential election, and the country will be in for a massive period of turmoil.  By midterm, people who supported Trump will be howling with rage about the impact of tariffs and the like and demanding that something be done.  The correction will come in 2028, but by that time much of the damage, or resetting or whatever, will have been done.  The incoming 2028 Democratic regime will set the needle more back to the center.

4.  Being good at arguing, in a Socratic sense, makes you a good debator or speaker.  Liking to argue, however, just makes you an asshole.

Monday At The Bar: Well-Being Week in Law 2024

Well-Being Week in Law 2024

May 6-10 marks Well-Being Week in Law 2024, a nationwide week raising awareness about how well-being, and the lack of it, impacts the practice of law, legal ethics, client outcomes, and law firm profitability. All programming is free and available through the Wyoming State Bar’s social media pages. Follow the Member Well-Being Page on Facebook, play Bingo, and check out the State Bar’s updated and refreshed Well-Being Resource pages, filled with resources for Wyoming attorneys, judges, law students, and all legal professionals. Many thanks to firms, other employers, lawyers, and all the legal professionals working around Wyoming on improving well-being in the profession.

Lex Anteinternet: The Uniform Bar Exam, early tell of the tape. And now the late one.

Lex Anteinternet: The Uniform Bar Exam, early tell of the tape.: One of the threads most hit upon here is the one on the Uniform Bar Exam .  As folks who stop in here will recall, Wyoming's adoption of...

It is, quite frankly, a freakin' disaster. 

We've had this now for years, and the quality of new lawyers had declined noticeably.

And recently, the list of bar admittees featured something interesting.  The vast majority of new admittees aren't located in Wyoming.  And they don't want to.  They only want to take Wyoming work, and the work of other states, remotely, while not really appreciating the state they're practicing in.

It'd be supremely easy to fix.  Just add a Wyoming component, like we used to have.

But we're not going to do that.

Related threads:

Labor and the conglomeration of everything.

Oh great. . .as if the Colorado flood wasn't enough. . .

Monday At The Bar: Lex Anteinternet: The Uniform Bar Exam, early tell of the tape. Revisited Again.

So. . . why doesn't the ABA oppose the Uniform Bar Exam?

Monday at the Bar: The ABA and the UBE

Wyoming Adopts the Uniform Bar Exam, and why that's not only a change, but a bad idea

Why Law School Should Be an Undergraduate Program — Minding The Campus

Why Law School Should Be an Undergraduate Program — Minding The Campus: In most parts of the world, lawyers are formally trained in an undergraduate degree program. The Bachelor of Law (LL.B), is also an accelerated three-year curriculum. In the United States it takes over twice as long. First you need a 4-year undergraduate degree in any subject—a gratuitous requirement, as there is no such thing as […]

Thoughts?

There's something to this suggestion, particularly since law school has become essentially a trade school, as that's what the law is now, a trade.

But it shouldn't be, which might be why law school shouldn't be either. 

Monday at the bar. The Fanni Willis Saga

FWIW, the profession of law is sufficiently corrupt that questions such as can you have "relations" with your clients, opposing council, and the like, have been debated, and generally the profession has not precluded them, which is therefore to license them.

All the angst over Willis therefore really doesn't arise in a legal context, but in a public servant context.

Perhaps it should arise in a legal context, but generally, it doesn't.

The Agrarian's Lament: A sort of Agrarian Manifesto. What's wrong with the world (and how to fix it). Part 5a. What would that look like, and why would it fix anything, other than limiting my choices and lightening my wallet? The Distributist Impact. The Professions.

The Agrarian's Lament: A sort of Agrarian Manifesto. What's wrong with th...:   

.

 

We'll look at that a bit later.  Let's turn towards the agrarian element next.

So we said last time and now, well now we're not doing that.

The reason is that I didn't really dwell on this topic, and it matters.

In the era in which I was a kid, up through my kid's early years, if I needed to go to a physician or dentist, they were local, usually with individual practices.

With physicians, that's now radically changed.  My physician is the same one I had twenty years ago, but his practice is part of a larger practice that covers two cities.  They had to do that in order to continue to really keep operating, and there were other consolidations prior to that.

The local hospital was owned by the county. There's been complaints about it since I was a boy, but not like there are now. The County Commissioners sold it to a national company.* 

Thirty years ago, when I was first practicing law, all of the law firms were Wyoming firms, something that was reinforced by the fact that we had a state specific bar exam.  The Supreme Court sold us down the river on that, with there being a persistent rumor that this was to aid a struggling UW law school.  The admission was made "transportable" in that a person passing the Un-informed Bar Exam in another state could simply pay their toll and practice here.  That transported much of the work to Colorado.  Over time, that, and technology, have destroyed small town practice to the extent that many small towns and cities in the state no longer have lawyers in many significant areas of practice.  One major I80 city in Wyoming will soon lack any lawyers doing civil litigation or serious general civil work.  When I started, and I'll note at that time that city was in extreme economic distress, it had two major law firms doing that work within it.

So this is an aspect of Distributism that would change things as well, and which could very easily be implemented simply be restoring a state specific bar exam.  Better yet, residency requirements of some sort should be implemented. Beyond that, the corporate packing up of the professions, like the corporate packing up of retail, could and should be eliminated.

That would restore local professions.

And that restoration would be that professionals in this area would quite frankly make less, but have more stable practices, which would benefit their clients/patients for the good of all.

Last prior:

A sort of Agrarian Manifesto. What's wrong with the world (and how to fix it). Part 5. What would that look like, and why would it fix anything, other than limiting my choices and lightening my wallet? The Distributist Impact

Footnotes.

*The dissatisfaction is epic, and the County ought to file suit to get it back.  It won't, but it should.

Mid Week At Work. Cat games.

 EXCLUSIVE Travers Smith associate dismissed after complaining that a client 'sold him flea-ridden kittens'

The Transitions Issue.

The February 2024 issue of Wyoming Lawyer was exceptionally good.  Its focus was on "transitions", by which it mostly meant career transitions (but also had some articles on the scary advances of AI).

The magazine usually good, frankly.  Indeed, a magazine that has such a limited circulation can't be expected to be great, but it actually is very, very good as a rule.

This issue was on transitions, as noted, mostly, and it had some truly excellent articles.  One was about retiring Wyoming Supreme Court Justice Keith Kautz, who was a great judge.  I liked the question he was asked about his favorite quotes, with the answer being:

I have two: 

1. Encouragement is the oxygen of the soul. 

2. The greatest day in your life or mine, the day we truly grow up, is the day when we take responsibility for our own attitudes.

Those are both pretty profound.  Nothing will burn a person out quicker than to work with people who only criticize them. And taking responsibility for your own attitudes is existentially a magnus opus.  I don't know that many people fully ever manage to do that, myself included.

Kautz is retiring as he's hit the statutory maximum for a judge of age 70.  He didn't seem bitter about it.  Justice Fox, who does seem bitter about the age limit being 70, mentioned it and Justice Kautz retiring in her State of the Judiciary speech.  She did reference it with her dry wit, referring to the age of 70 as "constitutional senility" and Kautz was in the audience.

An attempt at dry wit, I think, was made by the Bar President in her opening article of the issue, which was about a long time assistant retiring.  She had the line:

I always thought that money, fame, and power brought the greatest happiness, but according to the 80-year-old Harvard Study of Adult Development, close relationships with others is what really keeps us happy.

I'm pretty sure the first part of that was intended as a joke.

Her advice seems pretty standard, however, that being:

First, people have an innate desire to have a sense of purpose and meaning. When retirement comes, sometimes that sense of purpose can be lost. So, after taking some time off, it is good to start thinking about something meaningful that will fill the days. This could be volunteering, substitute teaching, or mentoring. It could also include learning a new skill (such as a new language), picking up a new hobby or seeing new places. 

Second, try to maintain and/or enhance social connections with others. I always thought that money, fame, and power brought the greatest happiness, but according to the 80-year-old Harvard Study of Adult Development, close relationships with others is what really keeps us happy. In fact, these ties help delay mental and physical decline, and are better predictors of long and happy lives than social class, IQ, or even genes.

Third, stay physically active as much as possible. Studies show that when someone retires, sedentary activities, such as watching television, increase dramatically. While watching extra television is not necessarily a bad thing in and of itself, much has been written about the link between longevity and good physical health. So, please try and enjoy our state as much as possible by spending time outside running, hiking or skiing.

Probably all solid advice. 

Indeed, it causes me to recall that I recently was speaking to a cousin of mine who is retired from Federal service and who is keeping pretty busy.  We were speaking on a grim topic, which caused me to joke that in old age I was going to take up grizzly bear wrestling.  He stated he was going to take up heavy drinking (he doesn't drink) as that's what so many of his retired colleagues seem to be doing, to the point of death.

Grim.

Another article was about retirement planning itself, which didn't mention grizzly bear wrestling or heavy drinking.  It was frankly really good, which is very much the exception to the rule in lawyers magazines. Usually in lawyer magazines and articles, the "planning" is about how you can go on practicing law for an additional ten years after you are dead.  The articles are about how in "retirement" you can go from litigation to some other field of law, or perhaps switch from defense to plaintiff's work, or something equally moronic.  This article wasn't that way at all.  Indeed, it acknowledged:

Arthur C. Brooks, former president of the American Enterprise Institute and now a Harvard Business School professor, concluded in a July 2019 Atlantic article that professional decline is inevitable sooner or later, simply as the result of aging.

About time somebody said that.  I've practiced against one lawyer who was a physical wreck and in clear mental decline, but was "never going to retire".  He did, but I think it was because his (family owned) firm basically gave him a back room and things to pretend to do.  Not very dignified. He probably doesn't actually know that he is retired.  I used to ask his son how he was doing and to say hello, but it was clear it was an embarrassing topic, and he didn't want to have it come up.

I know another lawyer here in town, who is very physically fit I'll note, who is practicing law actively, not part-time, in his early 70s and declares that he'll never retire.  How boring can you be?

I get that with certain occupations that are real vocations. But let's face it, most of the professions aren't.  People may declare that they love being an accountant, or they love being a lawyer, or they love being an actuary, but they are lying.  Shoot, they probably are lying if they say that about engineering.  Farming, teaching, maybe medicine, the ministry, those are intrinsically different.  

Indeed, because, in my arriving old age, my health has taken a beating the last few years one of my newer doctors, whose son was a high-powered lawyer in California and is now a Federal District Court judge in that state, asks me every time about my work.  "You are a lawyer?".  And he always asks, in the form of a statement, "And you love it".  I'm not sure why that question is necessary to my medical treatment, but as its asked every time, maybe it is.  Maybe it's because lawyers are so famously associated with depression, alcoholism and drug abuse that the medical profession regards it as necessary.  Who knows. Anyhow, after doing it for over 30 years it'd be surprising if I broke down and started sobbing about it or something, but there are a lot of other things I'm interested in too.  Having said that, I don't want to chat to somebody I barely know about those topics either.

Going back for a second, on vocations that make sense that people keep on keeping on in them, at least some of those actually have mandatory retirement ages, where the law allows it.  I don't know about physicians, I think not, but there aren't that many that practice into old age, and I've been told that's because there's a general feeling that mental acuity decline in the late 40s and the practice advances so fast that you start to become dangerous to your patients.  That's particularly true of surgeons, not all physicians, so you will see some practice into relatively old age.

In our diocese, Catholic Priests must retire at 70.  We hear a lot about there being a shortage of Priests, although the reasons for that are debatable (Wyoming has never produced sufficient numbers of Priests for its own needs) but the Diocese nonetheless feels that 70, they need to retire, which usually means being quasi part-time.  They can't be the pastors at a parish, for example.  

Under Canon 401 of the 1983 Code of Canon Law all Catholid bishops must submit their resignation to the Pope at the age of 75.

It's a good policy.

Changing gears, even the back page interview, which is always of a practicing lawyer, was good for a change.  It is occasionally, I'll admit, but more often than not it's an interview of somebody who just graduated from law school and is touring Patagonia or something. . . i.e., they haven't practiced law yet.  This one was of a lawyer who has over 30 years under his belt and noted:

I was the only kid in my elementary school (and perhaps the only attorney in Wyoming) whose  dad has been a matador de toros.

I'll bet that's right. 

The 2024 Wyoming Legislative Session. Pulling into the station (Part 2)

The legislature convene on February 12, and the committees are presently busy for this year's budget session.

As political junkies know, every other session of the legislature if a budget session, which theoretically means that the salon only deals with the budget.  The assembly can consider regular bills, but it requires more support to put the bills out on the floor, so its more difficult.

Some bills have been kicked around in the news, but that doesn't really mean that they're going to be out on the floor, so it can be a bit confusing.  One such bill is this one, which was reported on in one of the online journals today.

A complete list of bills, at the time of this post, are below:

HB0002 Nonresident fishing license fee increase. Travel Bill Number Assigned 11/30/2023

HB0003 Property tax exemption for long-term homeowners. Revenue Bill Number Assigned 11/30/2023

HB0004 Property tax refund program. Revenue Bill Number Assigned 11/30/2023

HB0005 Behavioral health redesign amendments. Labor Bill Number Assigned 11/30/2023

HB0006 Light and high profile vehicle closures. Transportation Bill Number Assigned 12/05/2023

HB0007 Alternative fuel tax-electricity amendments. Transportation Bill Number Assigned 12/05/2023

HB0008 Commercial driver license-hazardous materials endorsement. Transportation Bill Number Assigned 12/05/2023

HB0009 Fuel tax-licensee information deadline. Transportation Bill Number Assigned 12/05/2023

HB0010 Grace period-state land lease renewals. Agriculture Bill Number Assigned 12/05/2023

HB0011 State land lease amendments. Agriculture Bill Number Assigned 12/05/2023

HB0012 Wyoming dairy marketing act-repeal. Agriculture Bill Number Assigned 12/05/2023

HB0013 Flow-through pools-exemption. Agriculture Bill Number Assigned 12/05/2023

HB0014 Prior authorization regulations. Labor Bill Number Assigned 12/07/2023

HB0015 Health insurance-reimbursement of overpayments. Labor Bill Number Assigned 12/07/2023

HB0016 Sutton state archaeological site-legal description. Travel Bill Number Assigned 12/11/2023

HB0017 Fishing outfitters and guides-registration of fishing boats. Travel Bill Number Assigned 12/11/2023

HB0018 Property tax-inflation cap. Revenue Bill Number Assigned 12/11/2023

HB0019 Education savings accounts. Education Bill Number Assigned 12/12/2023

HB0020 School finance-regional cost adjustment study. Education Bill Number Assigned 12/12/2023

HB0021 Charter school leasing. Sel Sch Fac Bill Number Assigned 12/14/2023

HB0022 Sales tax revisions. Revenue Bill Number Assigned 12/15/2023

HB0023 Vehicle registration e-certificate and grace period. Larson, JT Bill Number Assigned 12/21/2023

HB0024 Certificate of need repeal. Labor Bill Number Assigned 12/21/2023

HB0025 Medicaid-third party payor conditions. Labor Bill Number Assigned 12/21/2023

HB0026 Emergency protective services-effective period. Judiciary Bill Number Assigned 12/21/2023

HB0027 DFS and law enforcement-cross reporting. Judiciary Bill Number Assigned 12/21/2023

HB0028 Interference with parent-child contact. Judiciary Bill Number Assigned 12/21/2023

HB0029 Cold case database and investigations. Judiciary Bill Number Assigned 12/21/2023

HB0030 Controlled Substances Act-possession amendments. Judiciary Bill Number Assigned 12/21/2023

HB0031 Peace officers-records and reporting. Judiciary Bill Number Assigned 12/21/2023

HB0032 Geologic sequestration-unitization amendments. Minerals Bill Number Assigned 01/03/2024

HB0033 Mining operations-blasting requirements. Minerals Bill Number Assigned 01/03/2024

HB0034 Solid waste municipal cease and transfer funding. Minerals Bill Number Assigned 01/03/2024

HB0035 Limitation on environmental rulemaking. Minerals Bill Number Assigned 01/03/2024

HB0036 Natural Resource Protection Act. Fed Nat Res Bill Number Assigned 01/03/2024

HB0037 Election offenses-intimidation. Corporations Bill Number Assigned 01/03/2024

HB0038 Voter qualifications-durational residency requirement. Corporations Bill Number Assigned 01/03/2024

HB0039 Campaign reporting. Corporations Bill Number Assigned 01/03/2024

HB0040 School district trustee oath of office. Corporations Bill Number Assigned 01/03/2024

HB0041 Candidates for state legislature-residency requirement. Corporations Bill Number Assigned 01/03/2024

HB0042 Prohibition on private funds for conducting elections. Corporations Bill Number Assigned 01/03/2024

HB0043 State forestry good neighbor-positions. Fed Nat Res Bill Number Assigned 01/03/2024

HB0044 Parental rights in minor child’s health care. Labor Bill Number Assigned 01/04/2024

HB0045 Property tax exemption-residential structures. Crago Bill Number Assigned 01/05/2024

HB0046 Chancery court-timeline for resolution of disputes. Walters Bill Number Assigned 01/08/2024

HB0047 Solid waste-illegal dumping remediation grants. Penn Bill Number Assigned 01/08/2024

HB0048 Renaming the deaf, dumb and blind account. Conrad Bill Number Assigned 01/09/2024

HB0049 By the people act. Penn Bill Number Assigned 01/09/2024

HB0050 What is a Woman Act. Ward Bill Number Assigned 01/09/2024

HB0051 Public indecency-intimidation. Neiman Bill Number Assigned 01/09/2024

HB0052 Property tax-homestead exemption. Sommers Bill Number Assigned 01/10/2024

HB0053 Public health emergency-definition amendments. Ward Bill Number Assigned 01/10/2024

HB0054 Wyoming Reads Day. Washut Bill Number Assigned 01/10/2024

HB0055 State budgeting and reserves-account repeal. Cap Fin & Inv Bill Number Assigned 01/10/2024

HB0056 State budgeting and reserves-general funds. Cap Fin & Inv Bill Number Assigned 01/10/2024

HJ0001 Property tax-classes of property and residential value. Revenue Bill Number Assigned 12/11/2023

HJ0002 Political expenditures. Corporations Bill Number Assigned 01/03/2024

SF0003 State employee leave for volunteer fire or volunteer EMS. Labor Bill Number Assigned 11/30/2023

SF0004 Rehiring retired firefighters-continued retirement benefits. Labor Bill Number Assigned 11/30/2023

SF0005 Organ transplant recipient protection. Labor Bill Number Assigned 11/30/2023

SF0006 Nursing home administrators-temporary licenses. Labor Bill Number Assigned 11/30/2023

SF0007 Behavioral health redesign-vulnerable adults. Labor Bill Number Assigned 11/30/2023

SF0008 Health insurance for volunteer emergency responders. Labor Bill Number Assigned 11/30/2023

SF0009 Parental rights in education-1. Education Bill Number Assigned 12/04/2023

SF0010 Eminent domain-energy collector systems. Agriculture Bill Number Assigned 12/04/2023

SF0011 Eminent domain energy collector systems amendments. Agriculture Bill Number Assigned 12/04/2023

SF0012 Meat processing plants-hides and carcasses. Agriculture Bill Number Assigned 12/04/2023

SF0013 Federal land use plans-legal actions authorized. Agriculture Bill Number Assigned 12/04/2023

SF0014 State fair board-powers and responsibilities. Agriculture Bill Number Assigned 12/04/2023

SF0015 Acceptance of retrocession-federal military installations. Transportation Bill Number Assigned 12/07/2023

SF0016 Military department emergency fire suppression account. Transportation Bill Number Assigned 12/07/2023

SF0017 Plane coordinates system-amendments. Transportation Bill Number Assigned 12/07/2023

SF0018 Indian child welfare act-safe haven amendments. Tribal Relations Bill Number Assigned 12/14/2023

SF0019 Developmental preschool funding. Education Bill Number Assigned 12/14/2023

SF0020 Electricity rates for costs that do not benefit Wyoming. Corporations Bill Number Assigned 12/18/2023

SF0021 Public utilities-net power cost sharing ratio. Corporations Bill Number Assigned 12/18/2023

SF0022 Public service commission-electricity reliability. Corporations Bill Number Assigned 12/18/2023

SF0023 Public utilities-energy resource procurement. Corporations Bill Number Assigned 12/18/2023

SF0024 Public service commission-integrated resource plans. Corporations Bill Number Assigned 12/18/2023

SF0025 Reclamation and decommissioning costs. Corporations Bill Number Assigned 12/18/2023

SF0026 Special district vacancies. Corporations Bill Number Assigned 12/18/2023

SF0027 Special districts bond elections exception. Corporations Bill Number Assigned 12/18/2023

SF0028 Federal natural resource management coordinator. Fed Nat Res Bill Number Assigned 12/18/2023

SF0029 Major political parties-state central party voting members. Case Bill Number Assigned 12/18/2023

SF0030 Influencing jurors and witnesses-judges amendment. Judiciary Bill Number Assigned 12/19/2023

SF0031 Sex offender registration-promoting obscenity. Judiciary Bill Number Assigned 12/19/2023

SF0032 Hemp-limitations on psychoactive substances. Judiciary Bill Number Assigned 12/19/2023

SF0033 Wyoming rural attorney recruitment program. Judiciary Bill Number Assigned 12/19/2023

SF0034 Sex offender registration-registerable offenses. Judiciary Bill Number Assigned 12/19/2023

SF0035 Public records-DOC investigations. Judiciary Bill Number Assigned 12/19/2023

SF0036 Uniform Child Abduction Prevention Act. Judiciary Bill Number Assigned 12/19/2023

SF0037 Indian child welfare act-delinquency amendments. Tribal Relations Bill Number Assigned 12/26/2023

SF0038 Financial reporting amendments-2. Mgt Audit Bill Number Assigned 01/04/2024

SF0039 Firefighters recruitment film. Labor Bill Number Assigned 01/05/2024

SF0040 Outdoor Recreation and Tourism Trust Fund Administration. Travel Bill Number Assigned 01/08/2024

SF0041 Banking division-classification and salary exemptions. Minerals Bill Number Assigned 01/09/2024

SF0042 Low-carbon reliable energy standards-amendments. Minerals Bill Number Assigned 01/09/2024

SF0043 Pore space-severances and separate conveyances prohibited. Minerals Bill Number Assigned 01/09/2024

SF0044 Limited mining operations-amendments. Minerals Bill Number Assigned 01/09/2024

Some interesting ones:

2024

STATE OF WYOMING

24LSO-0344

HOUSE BILL NO. HB0036

Natural Resource Protection Act.

Sponsored by: Select Federal Natural Resource Management Committee

A BILL

for

AN ACT relating to protection of constitutional rights; providing a declaration of authority and policy; prohibiting the enforcement of federal rules or regulations regarding federal land management as specified; providing an exception; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 9‑14‑301 through 9‑14‑303 are created to read:

ARTICLE 3

NATURAL RESOURCE PROTECTION ACT

9‑14‑301.  Short title.

This article shall be known and may be cited as the "Natural Resource Protection Act."

9‑14‑302.  Declaration of authority and policy.

(a)  The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty.

(b)  The legislature finds and declares:

(i)  The federal government shall comply with federal law when administering federal lands;

(ii)  The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield;

(iii)  Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government. 

9‑14‑303.  Prohibiting the enforcement of federal regulation regarding federal land management; penalty.

(a)  Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.

(b)  Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6‑5‑101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.

Section 2.  This act is effective July 1, 2024.

This is probably an illegal proposal, given as it intrudes on Federal supremacy.

One addressing residence requirements for running for office has been introduced.

2024

STATE OF WYOMING

4LSO-0094

HOUSE BILL NO. HB0041

Candidates for state legislature-residency requirement.

Sponsored by: Joint Corporations, Elections & Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to elections; clarifying the residency requirement for candidates for the state legislature; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 22‑5‑102(a)(intro) and (ii) is amended to read:

22‑5‑102.  Eligibility to be a candidate for state legislature; residency.

(a)  For the purpose of meeting residency requirements of the Wyoming constitution, a person shall not be a candidate for the state legislature from a legislative district unless he has been a resident of that legislative district for at least one (1) year next preceding his before the date of the applicable general election. In any general election year in which a plan of legislative districts is required but has not been enacted into law at least one (1) year prior to the applicable filing periods, a person may be a candidate for the state legislature from a legislative district if he:

(ii)  Has been a resident of a county for at least one (1) year next preceding his before the date of the applicable general election in which any portion of that legislative district is located.

Section 2.  This act is effective July 1, 2024.

One that has already been reported on:

HOUSE BILL NO. HB0050

What is a Woman Act.

Sponsored by: Representative(s) Ward, Allemand, Angelos, Bear, Haroldson, Hornok, Jennings, Locke, Neiman, Ottman, Pendergraft, Penn, Rodriguez-Williams, Slagle, Smith and Strock

A BILL

fod

AN ACT relating to common law, statutes and rules of construction; specifying definitions and standards for the application of a person's biological sex in law, rules or regulations; providing for the law to distinguish between accommodations for males and females; requiring the collection of vital statistics and other data to identify persons as male or female at birth; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 8‑1‑110 is created to read:

8‑1‑110.  References to males and females; separate accommodations for males and females; data reporting requirements.

(a)  Notwithstanding any other provision of law, with respect to the application of a person's biological sex under any law or rule and regulation in this state, the following definitions and standards shall apply:

(i)  A person's "sex" means the person's biological sex, either male or female, at birth;

(ii)  "Female" means a person whose biological reproductive system is developed to produce ova and/or who exhibits XX chromosomes and does not exhibit a Y chromosome;

(iii)  "Male" means a person whose biological reproductive system is developed to fertilize the ova of a female and/or who exhibits XY chromosomes or exhibits a Y chromosome;

(iv)  The terms "woman" and "girl" refer to human females, and the terms "man" and "boy" refer to human males;

(v)  "Mother" means a parent of the female sex;

(vi)  "Father" means a parent of the male sex;

(vii)  With respect to biological sex, the term "equal" does not mean "same" or "identical";

(viii)  With respect to biological sex, separate accommodations are not inherently unequal; and

(ix)  A person born with a medically recognized condition of a "disorder or difference in sex development" shall be provided legal protections and accommodations afforded under the Americans with Disabilities Act, as amended, and any other applicable Wyoming law.

(b)  The legislature finds that laws, rules and regulations that distinguish between the sexes are subject to intermediate constitutional scrutiny. Intermediate constitutional scrutiny forbids unfair discrimination against similarly situated male and female persons but allows the law to distinguish between the sexes where such distinctions are substantially related to important governmental objectives.

(c)  Notwithstanding any provision of law to the contrary, laws, rules and regulations that recognize or enforce distinctions between the sexes with respect to athletics, prisons or other detention facilities, domestic violence shelters, rape crisis centers, locker rooms, restrooms and other areas where safety or privacy are implicated and that result in separate accommodations between the sexes are substantially related to the important governmental objectives of protecting the health, safety and privacy of persons in such circumstances.

(d)  Any school district, or public school thereof, and any state agency, department, office or other political subdivision that collects vital statistics for the purpose of complying with anti‑discrimination laws or for the purpose of gathering accurate public health, crime, economic or other data shall identify each person who is part of the collected data set as either male or female consistent with the persons sex at birth.

Section 2.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution

The bill is presently with the LSO.

An attorney recruitment bill has been proposed.

2024

STATE OF WYOMING

24LSO-0061

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.

What will really be required to address this need is to do away with the UBE or bar exams of that type, as we've written about before.

January 23, 2024.

The legislature will consider Chloe's law again this session:

2024

STATE OF WYOMING

24LSO-0003

HOUSE BILL NO. HB0063

Sex and gender changes for children-prohibited.

Sponsored by: Representative(s) Larsen, L and Stith and Senator(s) Baldwin, Dockstader and Schuler

A BILL

for

AN ACT relating to public health and safety; prohibiting physicians from performing procedures for children related to gender transitioning and gender reassignment; providing exceptions; providing definitions; specifying applicability; authorizing rulemaking; and providing for effective dates.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑4‑1001 is created to read:

ARTICLE 10

GENDER‑RELATED PROCEDURES

35‑4‑1001.  Gender reassignment procedures for children prohibited.

(a)  As used in this section:

(i)  "Child" means a person who is younger than eighteen (18) years of age;

(ii)  "Physician" means any person licensed to practice medicine in this state by the state board of medicine under the Medical Practice Act.

(b)  No physician shall, for purposes of transitioning a child's biological sex to a sex different than the sex assigned at birth as determined by the sex organs, chromosomes and endogenous profiles of the child, or for purposes of affirming the child's perception of the child's sex if that perception is inconsistent with the child's biological sex:

(i)  Perform a surgery that sterilizes the child, including castration, vasectomy, hysterectomy, oophorectomy, metoidioplasty, orchiectomy, penectomy, phalloplasty and vaginoplasty;

(ii)  Perform a mastectomy.

(c)  This section shall not apply to:

(i)  Procedures or treatments that are performed with the consent of the child's parent or guardian and are for a child who is born with a medically verifiable genetic disorder of sex development, including but not limited to 46, XX chromosomes with virilization, 46, XY with undervirilization or both ovarian and testicular tissue;

(ii)  Any procedure or treatment that is performed with the consent of the child's parent or guardian and is for a child with medically verifiable central precocious puberty.

Section 2.  W.S. 35‑4‑1001, as created by section 1 of this act, shall apply only to conduct or procedures occurring on and after the effective date of this act.

Section 3.  The state board of medicine may promulgate any rules necessary to implement this act.

Section 4.  

(a)  Except as provided in subsection (b) of this section, this act is effective July 1, 2024.

(b)  Sections 3 and 4 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

Seeking to keep themselves an irrelevant minority in the legislature, Democrats have introduced an ifanticide protection bill.

2024

STATE OF WYOMING

24LSO-0264

HOUSE BILL NO. HB0076

Reproductive Freedom Act.

Sponsored by: Representative(s) Yin, Chestek, Provenza, Sherwood and Storer and Senator(s) Gierau and Rothfuss

A BILL

for

AN ACT relating to abortion; creating the Reproductive Freedom Act; specifying the public policy of the state concerning reproductive rights; prohibiting the state from denying or interfering with a person's right to have an abortion prior to viability of the fetus or to protect the person's life or health; prohibiting unauthorized abortions; specifying a penalty; providing definitions; repealing conflicting provisions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑6‑140 through 35‑6‑149 are created to read:

35‑6‑140.  Short title.

This act shall be known and may be cited as the "Reproductive Freedom Act."

35‑6‑141.  Public policy.

(a)  It is the public policy of the state of Wyoming that:

(i)  Every person has the right to freedom from governmental interference with respect to personal reproductive decisions;

(ii)  Every person has the right to choose or refuse birth control;

(iii)  Every person has the right to choose or refuse to have an abortion, except as specifically limited by this act;

(iv)  The state shall not deny or interfere with a person's right to choose or refuse to have an abortion, except as specifically permitted by this act;

(v)  The state shall not discriminate against the exercise of these rights in the regulation or provision of benefits, facilities, services or information.

35‑6‑142.  Definitions.

(a)  As used in this act:

(i)  "Abortion" means any medical treatment, medication or procedure intended to induce the termination of a pregnancy except for the purpose of producing a live birth;

(ii)  "Advanced practice registered nurse" means as defined by W.S. 33‑21‑120(a)(i);

(iii)  "Health care provider" means a person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or practice of a profession;

(iv)  "Physician" means a person licensed to practice medicine as a physician under the Medical Practice Act, W.S. 33‑26‑101 et seq.;

(v)  "Physician assistant" means a person licensed to practice medicine as a physician assistant under the Medical Practice Act, W.S. 33‑26‑101 et seq.;

(vi)  "Pregnancy" means the reproductive process beginning with the implantation of an embryo;

(vii)  "Private medical facility" means any medical facility that is not owned or operated by the state;

(viii)  "State" means the state of Wyoming and any authority, board, commission, department, division or separate operating agency of the executive, legislative or judicial branch of the state of Wyoming, including its political subdivisions;

(ix)  "Viability" means the point in the pregnancy when, in the judgment of the physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice on the particular facts of the case before the physician, physician assistant, advanced practice registered nurse or other health care provider acting within the health care provider's scope of practice, there is a significant likelihood of the fetus's sustained survival outside the uterus without the application of extraordinary medical measures;

(x)  "This act" means W.S. 35‑6‑140 through 35‑6‑149.

35‑6‑143.  Right to have and provide an abortion.

(a)  The state shall not deny or interfere with a person's right to have an abortion:

(i)  Prior to viability of the fetus; or

(ii)  To protect the person's life or health.

(b)  A physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice may terminate a pregnancy as permitted by this act.

(c)  A health care provider may assist a physician, physician assistant, advanced practice registered nurse or other health care provider acting within the health care provider's scope of practice in terminating a pregnancy as permitted by this act.

35‑6‑144.  Unauthorized abortions; penalty.

(a)  Unless otherwise authorized by this act, any person who provides medical treatment, provides medication or performs a procedure intended to induce the termination of a pregnancy shall be guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine not to exceed five thousand dollars ($5,000.00), or both.

(b)  Except as provided in subsection (a) of this section, the state shall not penalize, prosecute or otherwise take adverse action against a person for aiding or assisting a person seeking an abortion in exercising the person's right to have an abortion under this act.

(c)  Nothing in this act shall be construed to subject a person upon whom any abortion is performed or attempted to any criminal penalty under this act.

35‑6‑145.  Defense to prosecution.

The good faith judgment of a physician, physician assistant, advanced practice registered nurse or other health care provider acting within the provider's scope of practice as to viability of the fetus or as to the risk to life or health of a person seeking an abortion shall be a complete defense in any proceeding for a violation of this act.

35‑6‑146.  State regulation.

(a)  Any regulation promulgated by the state relating to abortion shall be valid only if:

(i)  The regulation is medically necessary to protect the life or health of the person seeking an abortion;

(ii)  The regulation is consistent with established medical practice; and

(iii)  Of the available alternatives, the regulation imposes the least restrictions on the person's right to have an abortion under this act.

35‑6‑147.  Refusing to participate in an abortion.

(a)  No person or private medical facility shall be required by law or contract to participate in the performance of an abortion if the person or private medical facility objects to participating in the performance of an abortion.

(b)  No person shall be discriminated against in employment or professional privileges because of the person's participation or refusal to participate in the performance of an abortion.

35‑6‑148.  State provided benefits.

If the state provides, directly or by contract, maternity care benefits, services or information through any program administered or funded in whole or in part by the state, the state shall also provide persons otherwise eligible for the program with substantially equivalent benefits, services or information to permit them to voluntarily terminate their pregnancies.

35‑6‑149.  Construction.

This act shall not be construed to define the state's interest in the fetus for any purpose other than the specific provisions of this act.

Section 2.  W.S. 21‑16‑1801 and 35‑6‑120 through 35‑6‑139 are repealed.

Section 3.  This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

February 10, 2024

This one is a surprise:

HOUSE BILL NO. HB0115

Donated blood-mRNA disclosure.

Sponsored by: Representative(s) Penn, Angelos, Bear, Davis, Heiner, Hornok, Knapp, Locke, Neiman, Ottman, Pendergraft, Singh, Slagle, Smith, Strock, Styvar, Ward and Winter and Senator(s) Biteman, French, Hutchings and Ide

A BILL

for

AN ACT relating to public health and safety; requiring blood donors to disclose vaccination status as specified; requiring blood packaging to be marked as specified; allowing a person who receives a blood transfusion to request the use of certain blood; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 35‑34‑101 is created to read:

CHAPTER 34

BLOOD DONATIONS AND VACCINATIONS

35‑34‑101.  Disclosure of mRNA vaccinations for blood donations; labeling; right to request certain blood.

(a)  Any person who collects human blood donations for the purpose of providing blood for human blood transfusion shall require blood donors to disclose whether the blood donor has received a COVID‑19 vaccine or a messenger ribonucleic acid vaccine during the donor's lifetime.

(b)  Blood originating from a donor who has received a COVID‑19 vaccine or a messenger ribonucleic acid vaccine shall be conspicuously marked.

(c)  In a nonemergency situation, as determined by the person providing medical services, a person receiving a blood transfusion shall have the right to request blood based on whether or not the blood originated from a person who has received a COVID‑19 vaccine or a messenger ribonucleic acid vaccine, as long as the requested blood is available.

Section 2.  The department of health shall promulgate all rules necessary to implement this act.

Section 3.  This act is effective July 1, 2024.

I had thought we were largely past the  COVID 19 vaccine matter, but this would suggest not.  I don't expect this bill to go very far. 

Last edition:

The 2024 Wyoming Legislative Session. The Super Early Riser Edition (Part 1)

Mid Week At Work: Endings.

I posted this the other day:

Sigh . . .

And depicted with a horse too. . . 

Kroger retires after 35 years of service  CODY - Worland Wildlife Biologist Bart Kroger retired last month, bringing his 35-year career with the Wyoming Game and Fish Department to a close.  “Bart has been referred to as the ‘core of the agency’, meaning through his dedication and continuous hard work, he has significantly and meaningfully impacted wildlife management within his district and throughout the state,” said Corey Class, Cody region wildlife management coordinator. “Throughout his career, he has been a solid, steady and dependable wildlife biologist, providing a foundation for wildlife conservation and management in the Bighorn Basin.” Through his quiet and thoughtful approach, Bart has gained the respect of both his peers and the public. Bart is best known for his commitment to spending time in the field gaining first-hand knowledge of the wildlife and the habitat that supports them, as well as the people he serves in his district.

 Found this old draft the other day

RETIREMENT ELIGIBILITY

Vesting Requirements

After obtaining 72 months of service, you are eligible to elect a monthly benefit at

retirement age. The 72 months of service do not have to be consecutive months.

Retirement Eligibility

You are eligible for retirement when you reach age 50 and are vested. There is no

early retirement under this plan. You must begin drawing your benefit no later than

age 65.

Which means, as a practical matter, if you are to draw retirement as a Wyoming Game Warden, you need to take the job no later than the beginning of your 59th year.

Of course, if you started at age 59, you wouldn't be drawing much, if anything.

That doesn't mean, of course, that you couldn't be hired after age 59.  You'd just draw no retirement.

The actual statute on this matter states the following, as we noted in a prior thread, from 2023, quoted below:

2. Wyoming Game Wardens were once required to retire at age 55, but a lawsuit some decades ago overturned that. It, in turn, was later overruled, but by that time the state had changed the system. Since that time, it's set it again statutorily, with the age now being 65 by law.  There aren't, therefore, any 67-year-old game wardens.

Statutorily, the current law provides:

9-3-607. Age of retirement.

(a) Any employee with six (6) or more years of service to his credit is eligible to receive a retirement allowance under this article when he attains age fifty (50).

(b) Effective July 1, 1998, any employee retiring after July 1, 1998, with twenty-five (25) or more years of service may elect to retire and receive a benefit upon attaining age fifty (50) as described in W.S. 9-3-610.

(c) Repealed by Laws 1993, ch. 120, §§ 1, 2.

(d) Any employee in service who has attained age sixty-five (65), shall be retired not later than the last day of the calendar month in which his 65th birthday occurs. 

Age limitations of this type are tied to physical fitness.  But what about mental fitness?  As mentioned here before, Gen. Marshall forcibly retired most serving U.S. Army generals, or at least sidelined them, who were over 50 years of age during World War Two, and that had to do with their thinking.  We now allow judges to remain on the bench until they are 70.  Would 60 make more sense?  And can the same argument be made for lawyers, who are officers of the court?

This differs, I'd note, significantly from the Federal Government.  The cutoff there is age 37.  That's it.

Have a wildlife management degree?  Spend the last few years in some other state agency?  Win the Congressional Medal of Honor for single handled defeating the Boko Haram?  38 years old now? Well, too bloody bad for you.

Anyhow, I guess this says something about the American concept that age is just a number and the hands of the clock don't really move.

They do.

On a somewhat contrary note, I was in something this week when a 70-year-old man indicated he might retire in order to take a job as a commercial airline pilot.

He's never been employed in that capacity, but he's had the license for 50 years.  It wouldn't be carrying people for United or something, but in some other commercial capacity.  

He's always wanted to do it, and has an offer.

Well, more power to him.

I did a lot of what this lawyer is doing here, when first practicing, in front of barrister cases just like this.  No young lawyer does that now.

I spoke to a lawyer I've known the entire time I've been practicing law, almost. He's four years younger than me, which would make him 56 or so.  He's worked his entire career in general civil, in a small and often distressed town, in a firm founded by his parents.  When I was first practicing, it was pretty vibrant.

Now he's the only one left.

He's retiring this spring.  This was motivated by his single employee's decision to retire.

I was really surprised, in part due to his age.  I'm glad that he can retire, but it was a bit depressing.  We're witnessing, in Wyoming, the death of the small town civil firm.  Everything is gravitating to the larger cities, and frankly in the larger cities, they're in competition with the big cities in Colorado and Utah.  That's insured a bill in the legislature to try to recruit lawyers to rural areas.*

It's not going to work.

The problem has been, for some time, that it's impossible to recruit young lawyers to small rural areas.  The economics don't allow for it.  The economics don't allow for it, in part, as the Wyoming Supreme Court forced the Uniform Bar Exam down on the Board of Law Examiners, and that resulted in opening the doors to Denver and Salt Lake lawyers.  It's been something the small firms have been competing against ever since.

And not only that, but some sort of demographic change has operated to just keep younger lawyers out of smaller places, and frankly to cause them to opt for easier paths than civil law in general.  I know older lawyers that came from the larger cities in the state, and set up small town practices when they were young, as that's where the jobs were and having a job was what they needed to have.  I've even known lawyers who went to UW who moved here from somewhere else who took that path, relocating from big Eastern or Midwestern cities to do so.

No longer.  Younger lawyers don't do that.

Quite a few don't stick with civil practice at all.  They leave for government work, where the work hours are regular, and the paycheck isn't dependent on billable hours.   And recently, though we are not supposed to note it, young women attorneys reflect a new outlook in which a lot of them bail out of practice or greatly reduce their work hours after just a few years in, a desire to have a more regular domestic life being part of that.

I guess people can't be blamed for that, but we can, as a state, be blamed for being shortsighted.  Adopting the UBE was shortsighted.  Sticking with it has been inexcusable.  I'm not the only one who has said so, and frankly not the only one who probably paid a price for doing so.  The reaction to voices crying in the wilderness is often to close the windows so you don't have to hear them.  Rumor had it, which I've never seen verified and have heard expressly denied by a person within the law school administration, that it was done in order to aid the law school, under the theory that it would make UW law degrees transportable, which had pretty much the practical effect on the local law as Commodore Matthew Perry opening up trade with Japan.

Wyoming Board of Law Examiners bringing in the UBE.

The lawyer in this case is worried, as he has no hobbies and doesn't know what he'll do with himself.  I'm surprised how often this concern is expressed.  To only have the law, or any work, is sad.  But a court reporter, about my age, expressed the same concern to me the other day.

Court reporting has really taken a beating in this state, more so than lawyers.  When I was first practicing, every community had court reporters.  Now there are hardly any left at all.  Huge firms are down to just a handful of people, and people just aren't coming into the occupation.  It's a real concern to lawyers.

It's always looked like an interesting job to me, having all the diversity of being a lawyer, with seemingly a lot less stress.  But having never done it, perhaps I'm wildly in error.  We really don't know what other people's jobs are like unless we've done them.

A lawyer I know just died by his own hand.

I met him when he took over for a very long time Wyoming trial attorney upon that attorney's death.

The attorney he took over for had died when he went in his backyard and put a rifle bullet through his brain.  He was a well known attorney, and we could tell something wasn't quite right with him.  Just the day prior, he called me and asked for an extension on something.  I'd already given two.  I paused, and then, against my better judgment, said, "well. . . okay".  

I'd known him too long to say no.

He was clearing his schedule.  If I had said no, I feel, he wouldn't have done it, and he'd be alive today.

The new attorney came in and was sort of like a goofy force of nature.  Hard to describe.  A huge man, probably in his 40s at the time, but very childlike.  He talked and talked. Depositions would be extended due to long meandering conversational interjections, as I learned in that case and then a very serious subsequent one.

He was hugely proud of having been a member of a legendary local plaintiff's firm.  That didn't really matter much to me then, and it still doesn't.  My family has always had an odd reaction to the supposedly honorific.  My father never bothered to collect his National Defense Service Medal for serving during the Korean War, I didn't bother to get my Reserve Overseas Training Ribbon, or my South Korean award for Operation Team Spirit, I don't have my law school diploma's anymore. . . It's not that they aren't honors, it's just, well, oh well.  We tend to value other things, which in some ways sets standards that are highers than others, and very difficult to personally meet.

Anyhow, the guy was very friendly and told me details of his life, not all of which were true.  He was raised by his grandmother, his grandmother had somehow encouraged him to go to law school,  Both true.

He was from Utah and grown up there, but consistently denied being a Mormon.  His wife was Mormon, he said.  He was an Episcopalian.  As I'm very reserved, I'm not really going to talk religion with somebody I only casually and professionally know, as opposed to one of my very extroverted and devout partners who will bring it up at the drop of a hat, and his religious confession didn't particularly matter to me, given the light nature of our relationship.  As it turns out, and as I suspected, that wasn't even remotely true.  He was and always had been a Mormon.  Why did he lie about that?  No idea.

I suppose this is some sort of warning here, maybe.

The first lawyer noted in this part of this entry had suffered something hugely traumatic early in his life and never really got over it. Some people roll with the punches on traumas and some do not.  We hear about combat veterans all the time who live with the horrors they experienced, and which break them down, all the time, but I've known a couple who didn't have that sort of reaction at all, and who could coolly relate their combat experiences.  Others can't get over something that happened to them, ever.

With the second lawyers, there were some oddities, one being that he jumped from firm to firm, and to solo, and back and forth, all the time. That's unusual.  Another was that he seemed to have pinned his whole identify on being a lawyer.  It's one thing, like the retiring fellow above, to have worked it your whole life and have nothing else to do, it's quite another to have that make up everything you are.  He'd drunk deeply of the plaintiff's lawyer propaganda about helping the little guy and all that crap, and didn't really realize that litigators often hurt people as often as they help them, or do both at the same time.  Maybe the veil had come off.  Maybe he should never have been a lawyer in the first place.  Maybe it was organic and had nothing to do with any of this.

Well, the moral of this story, or morals, if there are any, would be this.  You don't have endless time to do anything, 70-year-old commercial airline pilots aside. You probably don't know what it's like to do something unless you've actually done it, but you can investigate it and learn as much as possible.  The UBE, which the Wyoming Supreme Court was complicit in adopting, is killing the small  town civil lawyer and only abrogating it, or its successor, and restoring the prior system can address that.   The entire whaling for justice plaintiff's lawyer ethos is pretty much crap.  And, finally, you had some sort of identify before you took up your occupation.  Unless that identity was what you became, before you became it, don't let the occupation become it.  It may be shallower than you think.

Footnotes:

The bill:

SENATE FILE NO. SF0033

Wyoming rural attorney recruitment program.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to attorneys-at-law; establishing the rural attorney recruitment pilot program; specifying eligibility requirements for counties and attorneys to participate in the program; specifying administration, oversight and payment obligations for the program; requiring reports; providing a sunset date for the program; authorizing the adoption of rules, policies and procedures; providing an appropriation; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 33‑5‑201 through 33‑5‑203 are created to read:

ARTICLE 2

RURAL ATTORNEY RECRUITMENT PROGRAM

33‑5‑201.  Rural attorney recruitment program established; findings; program requirements; county qualifications; annual reports.

(a)  In light of the shortage of attorneys practicing law in rural Wyoming counties, the legislature finds that the establishment of a rural attorney recruitment program constitutes a valid public purpose, of primary benefit to the citizens of the state of Wyoming.

(b)  The Wyoming state bar may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice law in those counties.

(c)  Each county eligible under this subsection may apply to the Wyoming state bar to participate in the program. A county is eligible to participate in the program if the county:

(i)  Has a population of not greater than twenty‑five thousand (25,000);

(ii)  Has an average of not greater than one and one‑half (1.5) qualified attorneys in the county for every one thousand (1,000) residents. As used in this paragraph, "qualified attorney" means an attorney who provides legal services to private citizens on a fee basis for an average of not less than twenty (20) hours per week. "Qualified attorney" shall not include an attorney who is a full‑time judge, prosecutor, public defender, judicial clerk, in‑house counsel, trust officer and any licensed attorney who is in retired status or who is not engaged in the practice of law;

(iii)  Agrees to provide the county share of the incentive payment required under this article;

(iv)  Is determined to be eligible to participate in the program by the Wyoming state bar.

(d)  Before determining a county's eligibility, the Wyoming state bar shall conduct an assessment to evaluate the county's need for an attorney and the county's ability to sustain and support an attorney. The Wyoming state bar shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The Wyoming state bar may revise any county assessment or conduct a new assessment as the Wyoming State bar deems necessary to reflect any change in a county's eligibility.

(e)  In selecting eligible counties to participate in the program, the Wyoming state bar shall consider:

(i)  The county's demographics;

(ii)  The number of attorneys in the county and the number of attorneys projected to be practicing in the county over the next five (5) years;

(iii)  Any recommendations from the district judges and circuit judges of the county;

(iv)  The county's economic development programs;

(v)  The county's geographical location relative to other counties participating in the program;

(vi)  An evaluation of any attorney or applicant for admission to the state bar seeking to practice in the county as a program participant, including the attorney's or applicant's previous or existing ties to the county;

(vii)  Any prior participation of the county in the program;

(viii)  Any other factor that the Wyoming state bar deems necessary.

(f)  A participating eligible county may enter into agreements to assist the county in meeting the county's obligations for participating in the program.

(g)  Not later than October 1, 2024 and each October 1 thereafter that the program is in effect, the Wyoming state bar shall submit an annual report to the joint judiciary interim committee on the activities of the program. Each report shall include information on the number of attorneys and counties participating in the program, the amount of incentive payments made to attorneys under the program, the general status of the program and any recommendations for continuing, modifying or ending the program.

33‑5‑202.  Rural attorney recruitment program; attorney requirements; incentive payments; termination of program.

(a)  Except as otherwise provided in this subsection, any attorney licensed to practice law in Wyoming or an applicant for admission to the Wyoming state bar may apply to the Wyoming state bar to participate in the rural attorney recruitment program established under this article. No attorney or applicant shall participate in the program if the attorney or applicant has previously participated in the program or has previously participated in any other state or federal scholarship, loan repayment or tuition reimbursement program that obligated the attorney to provide legal services in an underserved area.

(b)  Not more than five (5) attorneys shall participate in the program established under this article at any one (1) time.

(c)  Subject to available funding and as consideration for providing legal services in an eligible county, each attorney approved by the Wyoming state bar to participate in the program shall be entitled to receive an incentive payment in five (5) equal annual installments. Each annual incentive payment shall be paid on or after July 1 of each year. Each annual incentive payment shall be in an amount equal to ninety percent (90%) of the University of Wyoming college of law resident tuition for thirty (30) credit hours and annual fees as of July 1, 2024.

(d)  Subject to available funding, the supreme court shall make each incentive payment to the participating attorney. The Wyoming state bar and each participating county shall remit its share of the incentive payment to the supreme court in a manner and by a date specified by the supreme court. The Wyoming state bar shall certify to the supreme court that a participating attorney has completed all annual program requirements and that the participating attorney is entitled to the incentive payment for the applicable year. The responsibility for incentive payments under this section shall be as follows:

(i)  Fifty percent (50%) of the incentive payments shall be from funds appropriated to the supreme court;

(ii)  Thirty‑five percent (35%) of the incentive payments shall be provided by each county paying for attorneys participating in the program in the county;

(iii)  Fifteen percent (15%) of the incentive payments shall be provided by the Wyoming state bar from nonstate funds.

(e)  Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the supreme court, the participating county and the Wyoming state bar that obligates the attorney to practice law full‑time in the participating county for not less than five (5) years. As part of the agreement required under this subsection, each participating attorney shall agree to reside in the participating county for the period in which the attorney practices law in the participating county under the program. No agreement shall be effective until it is filed with and approved by the Wyoming state bar.

(f)  Any attorney who receives an incentive payment under this article and subsequently breaches the agreement entered into under subsection (e) of this section shall repay all funds received under this article pursuant to terms and conditions established by the supreme court. Failure to repay funds as required by this subsection shall subject the attorney to license suspension.

(g)  The Wyoming state bar may promulgate any policies or procedures necessary to implement this article.  The supreme court may promulgate any rules necessary to implement this article.

(h)  The program established under this article shall cease on June 30, 2029, provided that attorneys participating in the program as of June 30, 2029 shall complete their obligation and receive payments as authorized by this article.

33‑5‑203.  Sunset.

(a)  W.S. 33‑5‑201 and 33‑5‑202 are repealed effective July 1, 2029.

(b)  Notwithstanding subsection (a) of this section, attorneys participating in the rural attorney pilot program authorized in W.S. 33‑5‑201 and 33‑5‑202 shall complete the requirements of the program and shall be entitled to the authorized payments in accordance with W.S. 33‑5‑201 and 33‑5‑202 as provided on June 30, 2029.

Section 2.  There is appropriated one hundred ninety‑seven thousand three hundred seventy‑five dollars ($197,375.00) from the general fund to the supreme court for the period beginning with the effective date of this act and ending June 30, 2029 to be expended only for purposes of providing incentive payments for the rural attorney recruitment program established under this act. This appropriation shall not be transferred or expended for any other purpose. Notwithstanding W.S. 9‑2‑1008, 9‑2‑1012(e) and 9‑4‑207, this appropriation shall not revert until June 30, 2029.

Section 3.  This act is effective July 1, 2024.