Bill No.: HB0026                  Drafter:  JHR

LSO No.:  09LSO-0186              Effective Date:  7/1/2009

Enrolled Act No.:  HEA0018

Chapter No.:       39

Prime Sponsor:     Representative Buchanan

Catch Title:       Circuit court magistrate jurisdiction.

Subject:  Expands the authority of circuit court magistrates.

Summary/Major Elements:

· Under current law, the authority of a full-time circuit court magistrate who is not licensed to practice law in Wyoming is more limited than the authority of circuit and municipal court judges, and circuit court magistrates who are licensed attorneys, thereby limiting his authority to hear a number of cases within his jurisdiction.

· This bill would expand the authority of a non-lawyer, full-time circuit court magistrate to impose:

· A maximum sentence of imprisonment of one (1) year [currently limited to a maximum of six (6) months];

· The maximum fine that is authorized for the offense being heard [currently limited to a maximum of seven hundred fifty dollars ($750.00)];

· A maximum term of probation that exceeds his authority to impose imprisonment, provided a full-time magistrate who is licensed as an attorney has similar authority and the law authorizes the imposition of the extended term of probation for the offense.

· The bill would also allow such magistrates to hear, and issue orders in, peace bond, stalking and domestic violence cases.