Minutes
September 10 and 11, 2001
Board of Judicial Policy and Administration
The September 10 and 11, 2001 meeting of the Board of Judicial Policy and Administration was held in Cheyenne, Wyoming in the Wyoming Supreme Court Conference Room. Chief Justice Larry Lehman, Justice William Hill, Judge Ed Grant, Judge Jeffrey Donnell, Judge Keith Kautz, Judge Rob Denhardt, Judge Wade Waldrip, and Judge Scott Cole attended. Holly Hansen and Linda Burke also attended.
The meeting was called to order at 1:00 PM on September 10, 2001.
A. Executive Session – Personnel Matters
B. Approval of Minutes: June 22 and 23, 2001 Minutes
July 10, 2001 Conference Call Minutes
August 14, 2001 Conference Call Minutes
August 27, 2001 Conference Call Minutes
Judge Kautz moved and Judge Waldrip seconded a motion to approve all of the above named minutes. Motion carried unanimously.
The Board agreed to post agendas and minutes of Board meetings on the website and to mail or email copies of the Board minutes to all judges.
C. BJPA Rules and Procedures -
Reconsideration of Board Action
Judge Donnell moved and Judge Denhardt seconded a motion to approve the BJPA Rules and Procedures with the addition of the reconsideration of Board action procedure. Motion carried unanimously. A copy of the approved BJPA Rules and Procedures are attached to these minutes.
The Board agreed in the future to sign an Order each time it establishes a policy, rule, or procedure and to file with Judy Pacheco in the Clerk’s office. Holly Hansen will maintain a notebook of Board policies.
Judge Grant suggested a project consisting of gathering all past administrative orders filed with the Supreme Court and deciding which to discard, keep, revise, etc. A central repository for these orders will enable the Board to more easily consider all previous orders filed with the Court.
D. Technology
1. Website Demonstration – Mary Lewallen
Mary Lewallen demonstrated the existing Supreme Court website and asked for input from Board members about what they would like to see on the site in the future. Proposed ideas were: picture of the Board members, upcoming meeting dates, and links to local court home pages.
2. Email Video
The Board viewed a video concerning the use of email in the workplace. Board members agreed that it would be important for judges, clerks, and staff to view the video. Holly Hansen will either circulate the video or present it at the next Conference of Special Court Judges.
3. Email Policy
Judge Waldrip moved and Justice Hill seconded a motion to approve the Email Policy as presented. Motion carried unanimously. A copy of the Email Policy is attached to these minutes.
The Board agreed that the Email Policy, Vehicle Policy, and the Board’s Rules and Procedures shall be posted on the website and an email advising such posting will be sent to all Court users.
4. Judicial
Technology Task Force (JTTF) Report – Jim Bivona
Jim Bivona updated the Board about the activities of the JTTF. The wiring has been completed for the pilot program in Sheridan and Johnson counties and work is beginning on the central data warehouse. Bivona explained that most costs have been covered by grant money. He described the problems experienced with the new case management software in Albany County Circuit Court and the lessons learned. Finally, Bivona mentioned public access versus privacy is going to be a huge issue that the JTTF will be exploring and presenting to the Board in the future.
5. Court Technology Budget – Holly Hansen
Holly Hansen explained that in 1987 the Supreme Court increased court costs on misdemeanor cases from $10 to $20 in an effort to provide a funding stream for the court automation system. The entire $20 has been deposited in the general fund and the legislature has appropriated funding for court automation.
The Board adjourned its meeting for the day at 4:45 pm.
The Board reconvened at 8:30 am on September 11, 2001. The enormity of the national crisis that occurred on September 11, 2001, adversely affected the Board’s meeting. The following items were discussed and limited action was taken. Items requiring Board action will be placed on the Board’s December agenda.
E. Committee Reports
1. Judicial Salaries – Judge Waldrip
The Board discussed sending representatives to the Joint Interim Judiciary Committee meeting in Laramie on September 28th and the possibility of hiring a lobbyist.
a. District Court Statement – Judges Grant and Kautz
The Board briefly discussed the advisability of adjusting the percentages for district judge salaries. No action was taken.
2. Citizens’ Access to Courts (CACC) – Chief Justice Lehman
Chief Justice Lehman updated the Board about the State Bar Foundation grant and the plan to create a training video and form packages for use and distribution by the clerks. In addition, the Chief explained the CACC would be coordinating with the State Bar to travel to each county bar to educate judges, attorneys, and clerks about the work of the CACC, rule changes, and the form packages. Chief Justice Lehman emphasized the CACC is not encouraging the use of forms without an attorney.
F. Transition Plan for Justice of
the Peace Counties
1. Budget
Holly Hansen explained the 2003-2004 Budget Request for JP Courts to Become Circuit Courts spreadsheet and indicated the bottom line cost would be $1,866, 237.
The Board then discussed the Vehicle Policy established previously by the Board and future requests for vehicles. One suggestion was for individual requestors to present to the legislature a comparison of the costs of using a state motor pool vehicle to the costs of buying a vehicle and letting the legislature decide the best choice.
2. Supervision
of Clerical Staff when no Circuit Judge in Residence
The Board suggested that a committee of judges and clerks contact the Board in writing with recommendations. Possible committee members mentioned were: Judges Skar, Arp, Case, Cole, and Jarvis.
3. Magistrate
Retirement
The issue under consideration was whether full time magistrates would become part of the State Employees Retirement System or the Judicial Retirement System. Holly Hansen advised that if the magistrates were placed in the Judicial Retirement System, legislative amendment would be required this year. Judge Cole offered to talk with the other magistrates and present a proposal at the October conference call.
4. Niobrara
County
Holly Hansen reported that the Niobrara County Justice of the Peace office operates out of a private law firm and there is no signage indicating the court office. Hansen further explained that a concern from a county commissioner about liability for injuries sustained while doing court business had been raised. The State will continue to make Workers Compensation payments for the clerk. The Board agreed to write Dennis Meier and reaffirm that he is providing the office space and that the county will continue to pay Meier for the space.
G. Circuit Court Issues
1. Preemptory
Disqualification
Judge Grant advised the Board that preemptory disqualification is only applicable in civil cases and not criminal cases. Such disqualification seldom occurs. No action was taken.
2. Judicial
Retirement
Judge Denhardt raised the issue of whether circuit judges enrolled in the State Retirement System could join the Judicial Retirement System and leave their State Retirement in existence. Judge Denhardt offered to gather more information. No action was taken.
3. Fees
and Disposing of Fines and Costs on Old Bench Warrants
a. Judges
Waldrip, Zebre, & Denhardt Presentation to Clerks
These judges will meet with the chief circuit clerks at their annual meeting in Evanston and bring back recommendations to the Board for establishing a more uniform schedule of fees and system for disposing of fines and costs on Bench Warrants.
4. Audit Issues
a. Communication
of Restitution Policy
The Board agreed that the restitution policy approved by the Board at its June, 2001 meeting should be put into policy form and distributed by letters of suggestion to the justices of the peace and by order to the district and circuit court judges. Judge Grant agreed to ask the district court clerks at their annual meeting if such a policy would be burdensome.
H. Proposed Rule Changes to Uniform Rules for District Courts
1. Rule
904 – Court Reporter Notice
Judge Denhardt moved and Judge Grant seconded a motion to approve changing Rule 904 to give three days notice, rather than five days notice, for requests for court reporters. Motion carried unanimously.
2. John Burman/Donna Sheen
a. Discovery in Child Custody Cases
b. Proposed
Statutory Change to Rule on Professional Conduct
c. Amendment
to Rule on Professional Conduct
The Board agreed to postpone action on these rules until the December 6 and 7, 2001 Board meeting in Laramie.
I. Training
1. Implementation
of New Jury Reform Rules
Holly Hansen advised the Board that she is awaiting an answer on a requested extension and permission to use remaining grant money to provide training to Wyoming judges on the new jury reform rules.
2. New
Judge Orientation – October 9 and 10, 2001
Holly Hansen reported on the New Judge Orientation to be held in Cheyenne in October.
J. Schedule of Future Meetings
1. Joint Interim Judiciary Committee Meeting, 09/28/01, Laramie
2. BJPA Meetings
a. October 9, 2001 Conference Call
b. November 13, 2001 Conference Call
c. December 6 & 7, 2001, Laramie
d. February 11 and 12, 2002 in Cheyenne
e. March 21 and 22, 2002 in Thermopolis
f. June 20 and 21, 2002 in Saratoga
g. September 9 and 10, 2002 in Jackson (to coincide with State Bar)
h. December 5 and 6, 2002 in Douglas
K. Other Matters
1. Personnel Rules
Chief Justice Lehman provided drafts of Terms of Employment for At-Will Employees and For-Cause Employees to Board members. The Chief asked Board members to review the drafts and be prepared to provide feedback to the Board at a later date.
The Board adjourned its meeting at 3:30 pm.
Rules and
Procedures Governing the
Rule 1.
Supreme Court.
In accordance with the
Supreme Court’s Order Establishing Board of Judicial Policy and Administration
and Appointing Members, dated May 24, 2000, the superintending authority vested
in the Wyoming Supreme Court by Article 5, Section 2 of the Wyoming
Constitution is delegated to the Board of Judicial Policy and
Administration.
Rule 2. District Courts.
In accordance with the resolution of District
Courts unanimously adopted in June 2001, the Wyoming District Courts delegate
their administrative authority as established by Article 5, Section 1 of the
Wyoming Constitution and W.S. 5-3-102(b) and 9-2-1002(c), except for the
submission of budgets, to the Board of Judicial Policy and Administration.
Rule 3. Board of Judicial Policy and Administration.
Pursuant to the Wyoming Constitution, the order
of the Wyoming Supreme Court and the resolution of the Wyoming District Courts,
the Board will exercise general superintending control over the judicial
department for administrative, policy making and planning purposes.
Rule 4.
Membership.
The Board is composed
of the following members: the Chief
Justice of the Supreme Court and two justices of the Supreme Court; three
district court judges; three circuit court judges; and one justice of the
peace.
Rule 5.
Terms of Members and Vacancies.
The Chief Justice of
the Supreme Court shall serve on the Board during tenure in that office. The other Board members shall be elected by
their respective judicial divisions.
Initial appointments shall be for staggered terms of one to three years. Thereafter, all appointments shall be for
terms of three years, with the exception of the Chief Justice of the Supreme
Court. Board members may serve successive terms. Elections to fill vacancies shall be held in May of each
year. Vacancies may be declared by the
Board because of the death, retirement, resignation, or nonattendance of a
member at three meetings during a calendar year. If necessary, a member may attend by telephone.
Rule 6.
Responsibilities of Presiding Officer.
The Chief Justice is
the presiding officer of the Board. It
is the responsibility of the presiding officer to preside at meetings of the
Board and serve as chief spokesperson for the Board.
Rule 7.
Organization.
The presiding officer
shall preside at any meeting. In the chairperson’s absence, the member with the
most seniority in the judiciary shall act as the presiding officer. The presiding officer may appoint an
executive committee, standing committees, and advisory committees at any time
to assist the Board in carrying out its responsibilities. Existing Supreme Court committees may be
designated as standing or advisory committees of the Board by order of the
Chief Justice.
Rule 8. Board Meetings.
The Board of Judicial
Policy and Administration shall act only at a meeting. The Board shall meet quarterly in March,
June, September, and December or as otherwise agreed upon by the Board, but in
any event no less than four times a year.
Additional meetings may be called at the discretion of the presiding
officer. Standing or advisory committee meetings may be called at the
discretion of the committee chairperson.
Meetings of the Board are open, except that the Board may meet in
executive session to discuss personnel matters and litigation involving the
judiciary.
Rule 9. Reporter for
the Board.
The State Court
Administrator shall be the executive secretary for the Board. It shall be the duty of the executive
secretary to prepare and keep the minutes of all meetings. In the executive
secretary’s absence, the Board shall choose a member to record the minutes.
Rule 10. Board
Minutes.
The minutes shall
record the names of the members present, any and all actions taken by the
Board, and any other matters that the Board may deem appropriate. Copies of the minutes shall be distributed
as deemed appropriate by the Board and shall be filed in the office of the
Clerk of the Supreme Court as a public record.
Rule 11. Actions and Voting.
Seven members of the
Board shall constitute a quorum. Once a quorum has been established, that
quorum shall carry throughout the duration of the meeting. Approval by a majority of those voting shall
constitute an action of the Board, except that a majority vote of five is
required at any meeting where less than ten members are present. The Chairperson is a voting member of the
Board. When ten members are present, a
tie vote means that the matter voted on has failed adoption. A member may vote on specific issues by
written proxy delivered to the Chairperson.
A motion to reconsider can only be made by a Board member who voted on
the prevailing side of an issue.
Rule 12. Staff.
Under the Chief
Justice’s direction, the State Court Administrator’s office shall provide staff
support for the Board.
Dated this 10th day of September,
2001.
Board of Judicial Policy and
Administration
By:
Chief Justice Lehman
Board of Judicial Policy and Administration
Policy
Statement for the Use of Computers, Electronic Mail and Internet
The policy of the Board of Judicial Policy and Administration for the
use of computers, the Internet and electronic mail is designed to guide
effective and appropriate use of those resources. The policy applies to anyone who is a user or subscriber of
Internet access and electronic mail through the Judicial Network administered
by the Wyoming Supreme Court Technology Office. The use of computers, Internet and electronic mail is encouraged
in order to:
1. Further
the operations of the Judiciary.
2. Provide
effective service to the public.
3. Identify
innovative and creative methods to utilize resources and improve services.
4. Promote
professional development.
1. Users
have an obligation to utilize the Internet and communicate via electronic mail
in a professional and responsible manner and to conform to network etiquette,
general office courtesy and behavior.
2. Each
user is individually responsible for the content of any communication sent via
electronic mail or placed on the Internet.
3. Users
are not allowed to download onto state-owned computers executable files or
application software (including but not limited to utility software, freeware
and shareware) without obtaining prior authorization from the Chief Information
Officer. If authorization for a download
is approved, the download must be made in accordance with CIO Procedures.
4. Users
shall respect applicable copyright and software licensing agreements.
Any
of the following activities will be considered a violation of this policy:
1. Use
of Internet or electronic mail that violates federal or state laws.
2. Use
of Internet or electronic mail to transmit or obtain threatening, obscene,
harassing or malicious materials.
3. Use
of abusive or objectionable language either in public or private messages.
4. Misrepresentation
of oneself or the Judicial Branch.
5. Activities
or uses that may cause congestion or disruption of networks or systems,
including but not limited to such activities as the distribution of chain
letters or unsolicited advertising.
6. Use
of Internet or electronic mail for commercial or political purposes.
1. Electronic
communications are for business use; therefore, no right to privacy can be
reasonably expected. Data on the
Supreme Court’s network will be protected from unlawful disclosure. It is important for the user, however, to
understand that all information on the Judicial Network housed in the Supreme
Court and on State of Wyoming computer assets belong to the State of Wyoming.
2. Use
of electronic mail etiquette should be observed at all times. Users represent the State of Wyoming and the
Wyoming Judiciary and should act in a professional manner at all times. The use of electronic mail to transmit data
that is disparaging or harassing to individuals or groups will not be
tolerated. Types of data include: writings, drawings or any other form that is
degrading or harassing to others based on, but not limited to, race, age,
origin, sex, disability, religion or political beliefs, including “jokes.” Electronic mail may not be used for personal
commercial ventures, religious or political causes, endorsement of candidates,
or outside organizations.
3. Electronic
communications and use of the Internet for activities relevant to an employee’s
personal life or family are permitted to the extent they do not detract from
the dignity of the Judiciary or interfere with the timely performance of the
employee’s normal work duties. It is
important to remember that electronic mail messages that are sent from state
computers go out under the Supreme Court’s address, which is essentially the
Court’s “electronic letterhead.” Electronic mail should not include any
information that would reflect poorly on the Court. Mass electronic forwardings, which are not related to business of
the Judiciary, should be avoided.
Users must also understand that the electronic capacity of the Judicial
Network is limited. Business related
use is the first priority. If it is
determined that personal use of the Judicial Network overloads the system and
interferes with the business application, the privilege of personal use will be
eliminated.
4. Deleting
electronic mail does not ensure erasure of all copies of the file. Copies of deleted files may be stored
remotely for long periods of time, and can be accessed and disclosed. Therefore, users should not expect their
electronic communications to be private, and should not use electronic mail for
communications not intended for disclosure to third parties.
Violation of this policy constitutes grounds for sanctions by the Board
of Judicial Policy and Administration, including, but not limited to, removal
from the Judicial Network.
Dated
this 10th day of September, 2001.
Board of
Judicial Policy and Administration
By:
Chief Justice Lehman