Board of Judicial Policy and Administration

Policy Statement for Extending Jurisdiction to Try Misdemeanors Committed in Violation of City or Town Ordinances

A. GENERAL POLICY STATEMENT TO EXTEND JURISDICTION OF THE CIRCUIT COURT TO HANDLE VIOLATIONS OF MUNICIPAL ORDINANCES

In accordance with W.S. 5-9-105, the governing body of a city or town may petition the Wyoming Supreme Court to have the circuit court’s jurisdiction extended to violations of municipal ordinances. The circuit court judge within the respective judicial district will review the petition and make recommendations to the Board of Judicial Policy and Administration. The circuit judge’s recommendation shall carry considerable weight, but it is not binding. In all cases, the final decision shall be subject to Board of Judicial Policy and Administration’s ultimate review and approval.

B. SPECIFIC ACTIONS:

1. The City Council of any city or town may petition the Wyoming Supreme Court as provided by W.S. 5-9-105 to have the circuit court within the municipalities respective judicial district handle violations to municipal ordinances.

2. The Wyoming Supreme Court shall forward the petition to the respective circuit court judge for the judge’s review and recommendation. The Wyoming Supreme Court shall also forward the petition to the Board of Judicial Policy and Administration.

3. The circuit court judge from the respective judicial district will appear before the Board of Judicial Policy and Administration to present his or her recommendation. The judge’s recommendation should address the municipality’s caseload, the time requirements, and a review of the ordinances, fiscal considerations and any other pertinent information. The circuit judge’s recommendation shall carry considerable weight, but it is not binding.

4. The Board of Judicial Policy and Administration shall make the final decision on the petition from the municipality and notify the Wyoming Supreme Court, the municipality and the circuit court judge.

5. With the Board of Judicial Policy and Administration’s approval, a formal agreement would be enacted between the circuit court judge and the governing body of the municipality. The formal agreement would cover such items as an hourly charge, mileage reimbursement, when court would be held, any clerical staff assignments and any other matters, which the parties may choose to address.

Dated this 23rd day of September 2002.

Board of Judicial Policy and Administration

By: /S/

Chief Justice William U. Hill