Vol. 29, No. 3 #3 (June 2006). Judicial Selection in Wyoming.

• Author: By Hon. Marilyn S. Kite

Wyoming Bar Journal

2006.

Vol. 29, No. 3 #3 (June 2006).

Judicial Selection in Wyoming

WYOMING LAWYERJune 2006/Vol. 29, No. 3Judicial Selection in WyomingBy Hon. Marilyn S. Kite

For almost thirty-five years, Wyoming has enjoyed the benefits of a merit selection method of selecting judges, known as "the Missouri Plan" after the state which first adopted such a system. As most members of the Wyoming State Bar know, the Constitution establishes a Judicial Nominating Commission which selects three candidates from which the governor must choose for appointment to any judicial vacancy. The Commission is made up of seven members--three resident, actively practicing attorneys elected by the Bar; three electors who do not hold any public or political party office appointed by the governor; and the Chief Justice of the Wyoming Supreme Court who only votes in the event of a tie. Geographical diversity is assured by the requirement that no more than two members can be from the same judicial district and when a vacancy is located in a district or a county which is not represented on the Commission, two non-voting advisors are appointed, one by the governor and one by the Bar, to participate in the deliberations. I am a firm believer in the wisdom of our system of judicial selection. However, I am concerned about its vitality, its reputation and its future. Recently, a poll was conducted to which 439 current members of the Bar responded and the results disclose several concerns. First, 51.7% of those responding indicated they were only "somewhat familiar" or "not at all familiar" with the judicial selection process in this state. That is a distressing number especially considering the substantial role the Wyoming State Bar plays in the process. While some non-lawyers have criticized the system claiming it is controlled by lawyers, I believe inclusion of the legal profession in process of judicial selection was a wise choice by those who designed our system. Who better knows the characteristics of a good judge and has a substantial stake in judicial decisions than those who deal with judges on a daily basis? We can easily imagine the problems inherent in a judicial selection process in which no such input is available.

And yet too many members of our Bar know little about the system and few have chosen to participate in it. The results of the...