Vol. 32, No. 4, 2. ETHICALLY SPEAKING Wyoming Supreme Court Adopts New Code of Judicial Conduct.

• Author: By John M. Burman

Wyoming Bar Journal

2009.

Vol. 32, No. 4, 2.

ETHICALLY SPEAKING Wyoming Supreme Court Adopts New Code of Judicial Conduct

Wyoming LawyerIssue: August, 2009ETHICALLY SPEAKING Wyoming Supreme Court Adopts New Code of Judicial ConductBy John M. BurmanBy Order dated June 23, 2009, the Wyoming Supreme Court adopted a new Wyoming Code of Judicial Conduct ("the New Code").(fn1) The New Code, which is based on the American Bar Association's 2007 Model Code of Judicial Conduct, represents the first change to the Code of Judicial Conduct in Wyoming since 1990; the New Code became effective on July 1, 2009.(fn2) It reflects the unique circumstances of Wyoming. In particular, the New Code addresses Wyoming's judicial selection and retention process, a process which puts Wyoming in the small minority of states that do not have judicial elections. The New Code is the result of recommendations made to the Court by the Select Committee to Review the Code of Judicial Conduct.

Lawyers may wonder why they need to know about the Code of Judicial Conduct. While they should be interested, in general, lawyers have an ethical duty to report judges in certain circumstances:

A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority.(fn3)

Three terms of the reporting obligation are in bold: "applicable rules," "shall inform," and "appropriate authority." The reason is lawyers need to know what the applicable rules are, that the reporting obligation is mandatory, and the identity of the appropriate authority.

The "applicable rules" are contained in the Wyoming Code of Judicial Conduct. The "appropriate authority" is the Commission on Judicial Conduct and Ethics ("the Commission"), a body which has its own set of rules: "Rules Governing the Commission on Judicial Conduct and Ethics."

The Commission consists of 12 members: two district court judges,(fn4) one circuit court judge,(fn5 )three lawyers appointed by the Wyoming State Bar,(fn6) and "six electors of the state who are not active or retired judges or attorneys," appointed by the Governor, subject to confirmation by the State Senate (fn7) The Commission is to, inter alia, "receive, investigate, hear, and adjudicate allegations of judicial misconduct . . . ."(fn8) Upon finding judicial misconduct, the Commission may privately censure a judge, or recommend public discipline, including removal from the bench, to the Wyoming Supreme Court.(fn9)

The Committee

On December, 17, 2007, Chief Justice Voigt signed an Order ("the Order") creating the Select Committee to Review the Code of Judicial Conduct ("the Committee"). Timothy O. Beppler was subsequently added to the Committee. The Committee was directed to examine the 2007 ABA Model Code of Judicial Conduct, the Wyoming Code of Judicial Conduct ("the old Wyoming Code"), changes in the practice of law, the profession of judging, and the regulation of judges since the then current Wyoming Code had been adopted in 1990 and other related matters, to evaluate whether it would be appropriate to recommend changes to the Wyoming Code.

The Order directed the Committee to report "to the Wyoming Supreme Court by and through the Board of Judicial Policy and Administration ("the Board")." The Committee submitted a Final Report with recommendations in November of 2008. The Board unanimously adopted the Committee's recommendations. Those recommendations were subsequently sent back to the Board, which made minor changes. The modified version was returned to the Wyoming Supreme Court, which adopted the Board's modified version on June 23, 2009.

Membership

The Committee consisted of 16 voting members, a chair (who voted only in case of a tie, and there were none), and a recorder:

* Chair, John M. Burman, Carl M. Williams Professor of Law andamp; Ethics, University of Wyoming College of Law, Laramie * Timothy O. Beppler, Attorney at law, Evanston * Hon. E. James Burke, Justice, Wyoming Supreme Court * Hon. Robert A. Castor, Circuit Judge, Albany County * Bernadine Craft, Public Member, Sweetwater County * Hon. Timothy C. Day, Circuit Judge, Teton County * Sleeter Dover, Executive Director, Wyoming State Bar * Hon. Jeffrey A. Donnell, District Judge, Second Judicial District * Hon. Jane Eakin, Circuit Judge, Carbon County * Mark W. Gifford, Attorney/Mediator, Casper * Hon. Gary P. Hartman, District Judge (now retired), Fifth Judicial District * Teresa K. Jensen, District Court Commissioner, Second Judicial District * Richard A. Lavery, Municipal Judge, Evanston and Mountain View * Rebecca A. Lewis, Bar Counsel, Wyoming State Bar * Ruth Neely, Municipal Judge, Pinedale * Hon. Scott W. Skavdahl, District Judge, Seventh Judicial District...