March 14, 2024Having passed a bill to prohibit "cross over voting", which will in fact simply lock in as Republicans most of the Democrats who crossed over, to no effect, in 2022, the legislature is now pondering tying residence requirements for holding office to the same date.
Indeed, they should, in my view.
One recent, and fairly in effectual, member of the House of Representatives, Jeanette Ward, had arrived so recently from Illinois that she didn't qualify for office until after the primary, something that oddly didn't seem to come up in her primary election. She's been in the state a little over two years now. She was interviewed about this proposal and stated she had no strong feels one way or another, which is a bit difficult to believe, but perhaps.
A better solution would be to make a residency requirement stretch out to five years for the house, and perhaps seven for the senate and higher office. Perhaps ten or fifteen years for the Governor's office.
April 13, 2024
Karlee Provenza will not be sanctioned for her recent comments, in the form of a t-shirt, which will upset some but which makes the leadership of the House in Wyoming continue to be admirably fair-minded and prudent, and which in the current atmosphere contrasts nicely with Tennessee.
An interesting aspect of this is that her political polar opposite, Anthony Bouchard, came to her defense. He also, oddly, called for new state GOP leadership, calling the leadership "undocumented Democrats".
March 21, 2023
On May 19, the Cowboy State Daily ran an op ed by Wyoming "Freedom" Caucus head John Bear and another by Speaker of the House Albert Sommers. We already noted Bear's article on this with, with this:
Wyoming Rep. John Bear writes, "It was the Speaker’s decision to create an Appropriations Committee consisting only of socially liberal legislators from big cities, and now it appears that the President of the Senate sees some benefit in a Senate Appropriations committee loyal to the Uniparty’s cause as well.
John Bear, head of the Freedom Caucus, in the Cowboy State Daily.
There is no Uniparty.
A person would be hard-pressed to find a single "socially liberal legislator", let alone one from a "big city", in the State Legislature.
I note this as this is the current drumbeat of the Freedom Caucus, and it's a fantasy. A better case could be made that the Freedom Caucus is not made up of Republicans, as it doesn't reflect traditional Wyoming Republican values. Of course, Bear isn't a Wyomingite, being a transplant.
The problem with false propaganda, however, is that people will believe it, including those spouting it.
We read Sommers, but didn't comment on it. It's title raises a good question:
Albert Sommers: Why Does Freedom Caucus Tell Its Members How To Vote?
In it, Sommers states, reflecting the way that the Wyoming GOP has traditionally been:
I believe Wyoming Republicans remain “a Party for free men/women, not blind followers, and not conformists,” and yet the media, hardline conservative pundits, state party leaders, and the Freedom Caucus want to push all Republicans into the round hole of conformism when we are truly the square peg of diversity.
By doing so, he really does define the current state of affairs between the traditional Wyoming GOP and the populist branch. The Wyoming GOP is traditionally conservative, but Wyomingite, the populists are something else, and do very much march in lockstep. Indeed, failure to adhere to uniformity yields to insults such as being accused of being part of an imaginary fictitious "Uniparty" to ending up getting listed on the WyoRino website which list traditional Republicans as RINO's.
Populist do appear to be driving the bus nationally in the GOP, which frankly just doesn't behave the way it used to in any fashion. It's interesting that this fight is developing in Wyoming, which still is heavily Trump country, when Trump's supporters brought the Führerprinzip into the party. It might be telling that "think for yourself" is appearing here now.
June 28, 2023
A committee rejected a bill proposing to make EMS services essential. This would have provided for some level of state funding.
August 25, 2023
A committee heard testimony from Wyoming Secretary of State Chuck Gray on a bill that would require 30 days residence in order to vote in a Wyoming election. It was formerly one year, some time go, but that was struck down by a Supreme Court opinion and never re addressed.
In spite of Gray's having been voted into office, he's not universally popular with long time Republicans or long time residents, and one multi generation Wyoming rancher and former legislature apparently also testified and called Gray a "snake oil salesman".
August 31, 2023
The 30 day's residence bill was tabled by the Corporation's Committee.
The Committee unanimously passed a bill that banning private funding for the administration of elections in Wyoming. My prediction is that the Law of Unintended Consequences will end applying to this bill as political parties are private organizations and primaries are the use of public funds for their internal choices, and somehow this will blow up on the parties, which will be fine.
The committee passed in a 9-5 vote a resolution asking Congress to propose a constitutional amendment that would restrict corporations and organizations from making campaign contributions, an act that will go nowhere as Congress won't do it.
"Freedom Caucus" legislator John Bear, originally of Missouri, wrote a longish letter to the Casper Star Tribune complaining about Senate President Ogden Driscoll using the term "Uniparty", which FC members use to slam anyone who is not a member of the populist right.
October 7, 2024.
Senator Bob Ide has an op ed in the paper today, promising to introduce legislation to somehow require the Federal government to turn over the Federal domain to Wyoming. He terms the Federal Government's possession of its public land in Wyoming illegal and contrary to a promise it made at the time of Wyoming's statehood, both of which are absolutely false.
This would be a disaster for the state's sportsmen and the state in general, and would soon result in the land likely going to the wealthy, and wealthy out of staters. It would frankly make it not worth living here and destroy the character of the state.
Ide cites the popular transfer of the Marton ranch to the Federal Government and the recent southwestern Wyoming BLM plan as part of the reason this needs to occur, both of which are reason why it should never occur.
Poster from several years ago.
Ide is a far right member of the legislature and was in Washington, D.C. at the time of the insurrection, although there is no reason to believe he participated in it.
October 15, 2023
Oh brother:
A legislative committee will draft a measure to prohibit state and local authorities from aiding or cooperating with federal land management agencies “when they pursue policies which harm Wyoming’s core interests.”
The move is in response to the U.S. Bureau of Land Management’s draft plan for managing 3.6 million acres of federal land in southwest Wyoming.
The Select Federal Natural Resource Management Committee also voted unanimously to draft a bill creating a new full-time position in the governor’s office to act as a watchdog “protecting the state’s interest against federal overreach.” Lawmakers on the panel suggested recruiting current and former BLM employees for the position with a signing bonus. They also discussed offering “bonuses and or opportunities for promotion” for state employees who go “above and beyond in protecting the state’s interests” against perceived federal overreach.
Casper Star Tribune
November 2, 2024
A $68M inflation adjustment funding bill for education will be introduced.
At least this makes sense for a budget session.
November 4, 2024
Election related bills will appear in the upcoming budget session.
A bill to require a person to be a resident for 30 days prior to voting in an election will move on to the budget session.
A bill to expand the definition "of organization" for campaign donation reporting also will.
A bill to add a misdemeanor offense for intimidating an election official has been added to the one that already exists at the felony level.
November 10, 2023
After a special purpose bill failed, judges were added to the statute that makes it a felony to intimidate jurors, witnesses and peace officers while they are fulfilling their duty.
This seems to fall considerably short of the originally proposed bill which was specific to judges.
November 14, 2023
A bill to create a Rural Lawyer Incentive Pilot Program which grant entering lawyers in rural communities $16,000 each year over five years, so little as to be of no practical effect whatsoever, is advancing to the legislature.
The bill states:
HOUSE BILL NO.
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 rulemaking; 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 createdto read:
2024 STATE OF WYOMING 24LSO-0061
Working Draft
Bill Number
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 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 supreme court may establish a rural attorney recruitment program to assist rural Wyoming counties in recruiting attorneys to practice in those counties.
STAFF COMMENT
In light of the Committee's discussion at its last meeting, the Committee may wish to consider whether the Supreme Court or the State Bar should establish and operate the rural-attorney program.
(c) Each county eligible under this subsection may apply to the supreme court 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 twenty8 five thousand (25,000);
(ii) Has an average of not greater than one and one-half (1.5) licensed attorneys in the county for every one thousand (1,000) residents of the county;
16 STAFF COMMENT
The State Bar proposed the following alternative qualification/standard to paragraph (ii) above:
(ii) Has an average of not greater than one and one-half (1.5) qualified attorneys in the county for everyone 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, in29 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 supreme court.
(d) Before determining a county's eligibility, the supreme court 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 supreme court shall maintain a list of counties that have been assessed and are eligible to participate in the program under this article. The supreme court may revise any county assessment or conduct a new assessment as the court deems necessary to reflect any change in a county's eligibility.
(e) In selecting eligible counties to participate in the program, the supreme court shall consider:
(i) The county's demographics;
(ii) The age and number of attorneys in the county;
STAFF COMMENT
Rather than require the consideration of age as a factor the Committee may wish to consider alternate language for paragraph (ii) above:
(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 seeking to practice in the county as a program participant, including the attorney's previous or existing ties to the county;
(vii) Any prior participation of the county in the program;
(viii) Any other factor that the supreme court deems necessary.
(f) A participating eligible county may enter into agreements with any municipality, school district or nonprofit entity within the county 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 supreme court 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 may apply to the supreme court to participate in the rural attorney recruitment program established under this article. No attorney shall participate in the program if the attorney 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 supreme court 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.
STAFF COMMENT
The College of Law's resident tuition for 30 credit hours for the 2023-2024 academic year and annual fees is $17,946. Ninety percent of that amount is $16,151. The Committee may wish to simply specify the amount of each annual payment in subsection (c) above.
(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 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.
(e) Subject to available funding for the program, each attorney participating in the program shall enter into an agreement with the participating county, the Wyoming state bar and the supreme court that obligates the attorney to practice law full-time in the participating county for not less than five (5) years. No agreement shall be effective until it is filed with and approved by the supreme court.
STAFF COMMENT
The Committee may wish to consider:
Whether attorneys participating in the program must live in the county in which they practice.
Whether language is needed to clarify what it means for an attorney in the program to practice law in the applicable county. Whether a local contribution or match should be required, or whether alternatives to the local matchshould be included in the bill draft. (This was a suggestion raised by the State Bar at the Committee's meeting in September.)
Whether a failure to repay an incentive payment when required to do so should expressly subject the attorney to license suspension (this was an item raised at the September meeting).
(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 be grounds for attorney discipline.
(g) 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.
STAFF COMMENT
In light of the Committee's discussion in September, the Committee may wish to consider whether clarifying language is necessary to make clear that attorneys can begin the program before June 30, 2029 and complete their requirements after June 30, 2029.
33-5-203. Sunset.
W.S. 33-5-201 and 33-5-202 are repealed effective July 17 2029.
Section 2. There is appropriated one hundred ninety20 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.
There is a real shortage, but as noted, the amount of money proposed here will do little to address the problem. Most likely, what it would do is allow new law school grads to fool themselves into opening local practices that would soon be closed, something that has been going on for quite some time.
The problem that this bill addresses is caused by a variety of things, a significant one being the adoption of the Uniform Bar Exam which has caused Colorado firms in particular, but also Montana and even Texas firms to license lawyers in Wyoming while they practice from their actual localities. This has made practicing law in Wyoming less viable, and in return reduced and consolidated local practice. This could easily be fixed by requiring residency requirements to practice in Wyoming or restoring a Wyoming specific bar exam.
November 17, 2023
In an act of flaming hypocrisy, the Converse County GOP voted 20-12 to censure state Rep. Forrest Chadwick R-Evansville, for a record that doesn't follow the state's GOP platform and which claims he violated“the oath that he made to God.” Seeing as the state's GOP is presently heavily supportive of sedition, that's rather rich.
It's not surprising that Chadwick has run into trouble, however. The Businessman turned politician is a Natrona County resident and it could have been predicted from day one that Converse County would not really appreciate a Casperite being in the legislature for some of them, something that occured due to recent redistricting.
