HB0176 - Circuit court magistrates-reorganization.
2001 |
State of Wyoming |
01LSO-0297.E1 ENGROSSED |
HOUSE BILL NO. HB0176
Circuit court magistrates-reorganization.
Sponsored by: Joint Judiciary Interim Committee
A BILL
for
1 AN ACT relating to
circuit court magistrates; revising the
2
method of selection and retention of circuit court
3
magistrates as specified; revising the powers of circuit
4
court magistrates as specified; and providing for an
5
effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
5-9-201 through 5-9-210 are repealed
10 and recreated as 5-9-201 through 5-9-213
to read:
11
12 ARTICLE 2
13 MAGISTRATES OF THE CIRCUIT COURT
14
15 [Provisions common to all magistrates]
16
17 5-9-201. Qualifications for magistrates.
Page 1
1
2 A
magistrate of the circuit court shall be a qualified
3
elector and a resident of the county for which appointed.
4
5 5-9-202. Circuit court to enter order
appointing
6 magistrates.
7
8 The
circuit court in open court shall enter an order
9
appointing each full-time magistrate of the circuit court
10 under W.S. 5-9-206and
each part-time magistrate of the
11 circuit court under W.S. 5-9-210 and
shall enter the order
12 upon the journal. A certified copy
of the journal entry
13 shall be evidence of the appointment
in all courts of this
14 state.
15
16 5-9-203. Oath.
17
18 Magistrates of the circuit court, before
entering upon the
19 discharge of their official duties,
shall take and
20 subscribe before a circuit court
judge or a clerk of a
21 court of record the oath of office
prescribed by the
22 constitution of Wyoming.
23
24 5-9-204. Record of official actions.
Page 2
1
2 Each
magistrate of the circuit court shall enter a record
3
of his official actions in a journal in the circuit court.
4
The entries shall be signed by the magistrate.
5
6 5-9-205. Bond.
7
8 Each
magistrate of the circuit court shall be bonded in the
9
sum of one thousand dollars ($1,000.00) for his faithful
10 performance of duties while in
office. The bond shall be
11 made payable to the state of Wyoming
and shall be filed
12 with the clerk of the district
court.
13
14 [Type A magistrates]
15
16 5-9-206. Full-time magistrates; selection.
17
18 (a) In every
county receiving the services of a
19 circuit court and wherein a circuit
court judge does not
20 reside, there shall be one (1) full-time
magistrate who
21 shall meet the qualifications under
W.S. 5-9-201.
22
23 (b) All of the
circuit judges whose circuit includes
24 the county together shall agree upon
a person to fill the
Page 3
1 office
of magistrate under subsection (a) of this section.
2
The name of the agreed upon person shall be submitted for
3
approval or rejection to the board of county commissioners
4
of the county wherein the magistrate will serve. Upon
5
approval by the board, the circuit court shall appoint the
6
person as a magistrate as provided in W.S. 5-9-202.
7
8 5-9-207. Full-time magistrates; term
of office;
9 retention;
removal.
10
11 (a) The term of
office of each magistrate selected
12 under W.S. 5-9-206 and appointed
under W.S. 5-9-202 shall
13 be four (4) years. The magistrate
shall serve for one (1)
14 year after that person's appointment
and until the first
15 Monday in January following the next
general election after
16 the expiration of that year.
17
18 (b) At the general
election, the magistrate shall
19 stand for retention in office in the
county wherein the
20 magistrate was appointed.
Irrespective of any vote of the
21 electorate whereby the magistrate is
retained in office,
22 the circuit judges of the circuit by
unanimous vote may
23 remove the magistrate.
24
Page 4
1 5-9-208. Full-time magistrates;
powers of magistrates
2 who
are authorized to practice law; powers of magistrates
3
who are not authorized to
practice law.
4
5 (a) At the
direction of the circuit judges of a
6
circuit or the supreme court, a full-time magistrate of the
7
circuit court who is authorized to practice law in Wyoming
8
may perform all of the duties of a circuit court judge
9
presiding in circuit court as authorized by law and rules.
10 Upon direction, the magistrate shall
have all of the powers
11 of a circuit court judge presiding
in circuit court as
12 authorized by law and rules. A
magistrate shall not preside
13 in or hear or decide any district
court proceeding or case
14 in circuit court pursuant to
assignment under W.S. 5-3-112.
15
16 (b) Notwithstanding
subsection (a) of this section
17 and upon request and consent of all
parties to a proceeding
18 or case in circuit court and subject
to the approval of the
19 circuit judge presiding in the
proceeding or case, a
20 full-time magistrate who is authorized
to practice law in
21 Wyoming may hear and determine any
and all matters relating
22 to the proceeding or case that are
within the jurisdiction
23 of the circuit court, except the
magistrate shall not
24 preside in or hear or decide any
district court proceeding
Page 5
1 or
case in circuit court pursuant to assignment under W.S.
2
5-3-112.
3
4 (c) At the
direction of the circuit court judges of a
5
circuit court, a full-time magistrate of the circuit court
6
who is not authorized to practice law in Wyoming may within
7
the county from which appointed:
8
9 (i) Administer
an oath or affirmation authorized
10 or required by law to be
administered;
11
12 (ii) Take
acknowledgment of deeds, mortgages and
13 other instruments in writing;
14
15 (iii) Perform marriage ceremonies;
16
17 (iv) Issue
subpoenas for witnesses, and coerce
18 their attendance in causes or
matters pending before them,
19 or other cause or matter wherein
they may be required to
20 take depositions;
21
22 (v) Try the
action for forcible entry and
23 detention, or detention only, of
real property;
24
Page 6
1 (vi) Proceed
against sureties for costs and
2
amount of bail, on the stay of execution on their dockets;
3
4 (vii) Issue
attachments and garnishments, and
5
proceed against the goods and effects of debtors in certain
6
cases, as provided by law;
7
8 (viii) Issue
executions on judgments rendered by
9
them;
10
11 (ix) Try the
right of the claimant to property
12 taken in execution or on attachment;
13
14 (x) Try all
civil actions where the amount in
15 controversy, exclusive of costs,
does not exceed three
16 thousand dollars ($3,000.00);
17
18 (xi) Try an
action upon bonds, conditioned for
19 the payment of money, where the
amount claimed does not
20 exceed two hundred dollars
($200.00), though the penalty
21 exceeds that sum, the judgment to be
given for the sum
22 actually due;
23
Page 7
1 (xii) Hear and
determine an action brought upon
2
any instrument payable in installments, as each installment
3
becomes due, when such instrument and amounts shall be
4
within the magistrate's jurisdiction;
5
6 (xiii) Enter
judgment on the confession of a
7
defendant, when the amount does not exceed the magistrate's
8
jurisdiction;
9
10 (xiv) Try an
action for disposition of an
11 abandoned vehicle as provided by
W.S. 31-13-112(e),
12 regardless of the value of the
abandoned vehicle;
13
14 (xv) Issue
warrants or summonses in criminal
15 cases in accordance with the rules
promulgated by the
16 Wyoming supreme court. A warrant or
summons issued by the
17 magistrate charging any crime may be
executed or served at
18 any place within the state;
19
20 (xvi) Set bail in
criminal proceedings,
21 including bail for witnesses, in
accordance with the
22 provisions of W.S. 5-9-132(a) and
the rules promulgated by
23 the Wyoming supreme court;
24
Page 8
1 (xvii) In
accordance with the Wyoming Rules of
2
Criminal Procedure, conduct preliminary examinations for
3
persons charged with felonies or with misdemeanors;
4
5 (xviii) Try
criminal cases amounting to
6
misdemeanors for which the punishment prescribed by law
7
does not exceed imprisonment for more than six (6) months
8
or a fine of not more than seven hundred fifty dollars
9
($750.00), or both, and criminal cases in which the
10 defendant is placed on probation for
a period exceeding the
11 maximum six (6) months imprisonment
sentence under W.S.
12 31-5-233(e);
13
14 (xix) Correct an
illegal sentence imposed in a
15 criminal case or reduce a sentence
at any time; and
16
17 (xx) Preserve
and enforce order in his immediate
18 presence and in the proceedings
before him.
19
20 5-9-209. Full-time magistrates; salary.
21
22 A full-time magistrate of the circuit court
shall receive
23 an annual salary and benefits as
determined by the
Page 9
1 legislature.
The salary and benefits shall be paid by the
2
state in equal monthly allotments.
3
4 [Type B magistrates]
5
6 5-9-210. Part-time magistrates; selection.
7
8 (a) In a county
receiving the services of a circuit
9
court and whether or not a circuit court judge resides in
10 the county, there may be one (1) or
more part-time
11 magistrates each of whom shall meet
the qualifications
12 under W.S. 5-9-201 and each shall be
appointed as provided
13 in subsection (b) of this section.
14
15 (b) If a
circuit court judge finds the public
16 interest requires a magistrate for
any county within that
17 judge's circuit irrespective of
where the circuit court
18 judge resides, then the circuit
judge shall submit the name
19 of the person for approval or
rejection to the board of
20 county commissioners of the county
wherein the magistrate
21 will serve. Upon approval by the
board, the circuit court
22 shall appoint the part-time
magistrate as provided in W.S
23 5-9-202.
24
Page 10
1 5-9-211. Part-time magistrates; tenure.
2
3 Each
part-time magistrate appointed under W.S. 5-9-202
4
shall serve continuously and solely at the pleasure of the
5
appointing circuit court judge.
6
7 5-9-212. Part-time magistrates; powers.
8
9 (a) At the
direction of the circuit judges of a
10 circuit or the supreme court, a part-time
magistrate of the
11 circuit court shall have the powers
in respect to every
12 suit or proceeding pending in the
circuit court of the
13 county for which he was appointed as
follows:
14
15 (i) Administer
an oath or affirmation authorized
16 or required by law to be
administered;
17
18 (ii) Take
acknowledgment of deeds, mortgages and
19 other instruments in writing;
20
21 (iii) Perform marriage ceremonies;
22
23 (iv) Issue
subpoenas for witnesses, and coerce
24 their attendance in causes or
matters pending before them,
Page 11
1 or
other cause or matter wherein they may be required to
2
take depositions;
3
4 (v) Try the
action for forcible entry and
5
detention, or detention only, of real property;
6
7 (vi) Proceed
against sureties for costs and
8
amount of bail, on the stay of execution on their dockets;
9
10 (vii) Enter
judgment on the confession of a
11 defendant, when the amount does not
exceed the circuit
12 court's jurisdiction;
13
14 (viii) Try an
action for disposition of an
15 abandoned vehicle as provided by
W.S. 31-13-112(e),
16 regardless of the value of the
abandoned vehicle;
17
18 (ix) Issue
warrants, including search warrants
19 and arrest warrants, or summonses in
criminal cases in
20 accordance with the rules
promulgated by the Wyoming
21 supreme court. A warrant or summons
issued by the
22 magistrate charging any crime may be
executed or served at
23 any place within the state;
24
Page 12
1 (x) Set bail in
criminal proceedings, including
2
bail for witnesses, in accordance with the provisions of
3
W.S. 5-9-132(a) and the rules promulgated by the Wyoming
4
supreme court;
5
6 (xi) In
accordance with the Wyoming Rules of
7
Criminal Procedure, conduct preliminary examinations for
8
persons charged with felonies or with misdemeanors;
9
10 (xii) Preserve
and enforce order in his
11 immediate presence and in the
proceedings before him;
12
13 (xiii) Hear
and issue orders in domestic
14 violence cases under W.S. title 35,
chapter 21.
15
16 (b) Notwithstanding
subsection (a) of this section
17 and upon request and consent of all
parties to a proceeding
18 or case in circuit court and subject
to the approval of the
19 circuit judge presiding in the
proceeding or case, a
20 part-time magistrate who is
authorized to practice law in
21 Wyoming may hear and determine any
and all matters relating
22 to the proceeding or case that are
within the jurisdiction
23 of the circuit court, except the
magistrate shall not
24 preside in or hear or decide any
district court proceeding
Page 13
1 or
case in circuit court pursuant to assignment under W.S.
2
5-3-112.
3
4 5-9-213 Part-time magistrates; pay.
5
6 A
part-time magistrate of the circuit court shall be paid
7
by the state. A claim for compensation under this section
8
shall be made by voucher, verified under oath, setting
9
forth in detail the services performed, time expended and
10 amount of compensation claimed. No
claim for compensation
11 under this section shall be paid
unless approved and
12 allowed by a judge of the circuit
court.
13
14 Section 2. W.S. 7-7-101(a)(intro) and 8-2-101(a)(i)
15 are amended to read:
16
17 7-7-101. Authority to issue; grounds.
18
19 (a) Any
district judge, district court commissioner,
20 circuit judge, magistrate authorized
pursuant to W.S.
21 5-9-206 5-9-208(a), (b) or (c)(xv) or 5-9-207(a)(xv) or 22
(b)(vii)(C) 5-9-212(a)(ix)
or any justice of the peace may
23 issue a search warrant to search for
and seize any
24 property:
Page 14
1
2 8-2-101. Distribution
of statutes, supplements and
3 session laws.
4
5 (a) Statutes, supplements and session laws shall be
6
distributed as provided by contract with the publisher or
7
as directed by the management council, to the following,
8
without charge:
9
10 (i) Nine (9)
copies to the county clerk of each
11 county in Wyoming, for use in the
county offices and the
12 district court, plus one (1)
additional copy for each
13 justice of the peace, magistrate
serving pursuant to W.S.
14 5-9-201(a)
5-9-206 and circuit judge in
each county;
15
16 Section 3. This act shall apply to all magistrates
17 serving on the effective date of
this act.
18
19 Section
4. This act is effective immediately upon
20 completion of all acts necessary for
a bill to become law
21 as provided by Article 4, Section 8
of the Wyoming
22 Constitution.
23
24 (END)
Page 15