This bill amends existing laws regarding the assignment of retired judges and justices to active cases, particularly focusing on the handling of cases that challenge the constitutionality of statutes and session laws in Wyoming. It establishes a new section, W.S. 5-3-114, which mandates that a panel of three district judges be convened to address such constitutional challenges. The panel will consist of one judge from the district where the case is filed and two judges from other districts, selected randomly. The bill also specifies that no single district judge can issue a preliminary or permanent injunction in these cases, although they may issue temporary restraining orders pending a panel's decision. Additionally, it outlines the procedures for notifying the state court administrator and conducting hearings, which can be done in person or via electronic means.
Furthermore, the bill includes amendments to several existing statutes, clarifying that any injunctions related to constitutional challenges must comply with the new provisions in W.S. 5-3-114. It also restricts the assignment of retired judges to cases involving constitutional challenges, ensuring that they cannot be assigned to such cases. The act is set to apply to all relevant actions and cases filed on or after its effective date of July 1, 2026, as well as to those filed before this date if a constitutional challenge arises thereafter. The bill aims to enhance the judicial process by ensuring that constitutional issues are addressed by a panel of judges, thereby promoting fairness and consistency in the interpretation of state laws.
Statutes affected: Introduced: 1-28-102, 1-28-103, 1-37-102, 5-1-106