SF 103

 2026  26LSO-0450
                            STATE OF WYOMING
                           SENATE FILE NO. SF0103
 Courts-retired  judges,  constitutional  cases      and
 injunctions.
 Sponsored by: Senator(s) Boner, Biteman, Crum, Dockstader,
               Hicks, Kolb, Salazar and Steinmetz and
               Representative(s) Haroldson, Heiner, Lawley,
               Lien, Neiman, Rodriguez-Williams, Singh and
               Washut
                                     A BILL
                                          for
1 AN ACT relating to courts; amending requirements for the
2 assignment of retired judges and justices to active cases;
3 specifying    limitations  on        the   assignment     of      retired
4 justices and judges to service; specifying duties of the
5 Wyoming supreme court; requiring the use of three (3) judge
6 panels for district courts to resolve the constitutionality
7 of     statutes     and     session       laws      as    specified;       making
8 conforming        amendments;       specifying  applicability;       and
9 providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13Section 1.     W.S. 5-3-114 is created to read:
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1
25-3-114.       Assignment  of       panels        to       resolve
3 constitutional issues.
4
5(a)     Upon written request of the attorney general or a
6 district attorney, a panel of three (3) district judges
7 shall be convened in accordance with this section for any
8 case or action commenced in which the constitutionality of
9 any statute or session law of this state is challenged. For
10 purposes       of    this   subsection,       a   challenge     requiring    the
11 convening of a panel shall include any action challenging
12 the constitutionality of a statute or session law in which
13 an   injunction        restraining   the      enforcement,       operation    or
14 execution of the statute or session law is sought.
15
16(b)     Upon the filing of an action or case specified in
17 subsection (a) of this section or upon a party raising an
18 argument challenging the constitutionality of a statute or
19 session law in a filed case or action, the clerk of the
20 district court of the district in which the action or case
21 is     filed        shall   immediately       notify    the      state    court
22 administrator.
23
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1(c)   The panel of district court judges for actions
2 and cases specified in this section shall consist of:
3
4(i)    One (1) district court judge of the district
5 in which the action or case was filed;
6
7(ii)    Two (2) district court judges from judicial
8 districts other than the district in which the action or
9 case   was   filed,    selected  at    random     by    the    state   court
10 administrator.
11
12(d)   The judge with the most seniority of the three
13 (3) selected judges shall serve as presiding judge of the
14 panel.   A   majority       of    two       (2)   of   the    three   (3)     judges
15 selected under this section shall be sufficient to render a
16 decision in an action or case specified in this section.
17
18(e)   For    cases    or    actions  commenced     in    which     the
19 constitutionality of any statute or session law of this
20 state is challenged, no one (1) district court judge shall
21 have the jurisdiction to issue a preliminary or permanent
22 injunction to enjoin or restrain the enforcement, operation
23 or execution of a statute or session law, provided that a
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1 district     court       judge      may   issue      a    temporary     restraining
2 order    pending        a    hearing      and    determination  by   a    panel
3 convened under this section. A hearing on an injunction
4 shall be held not later than thirty (30) days after the
5 issuance     of    any      temporary  restraining     order     under     this
6 subsection.
7
8(f)   The proceedings for any action or case subject to
9 this section may be held in the judicial district in which
10 the action or case was filed or may be conducted using
11 electronic        and       video    means      in       accordance    with      rules
12 promulgated by the judicial conference of district judges
13 created in W.S. 5-3-102(b).
14
15(g)   Any appeal from an order or decision by a panel
16 convened under this section shall be to the Wyoming supreme
17 court in accordance with the Wyoming rules of appellate
18 procedure.
19
20Section     2.       W.S.    1-28-102,        1-28-103,        1-37-102     and
21 5-1-106(f) are amended to read:
22
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11-28-102.      Causes    for    injunction;       granting      temporary
2 order.
3
4 When    it   appears    by     the    petition    that    the   plaintiff        is
5 entitled to relief consisting of restraining the commission
6 or continuance of some act the commission or continuance of
7 which    during     the      litigation      would       produce       great     or
8 irreparable injury to the plaintiff, or when during the
9 litigation     it      appears       that   the    defendant  is    doing,
10 threatens to do, or is procuring to be done some act in
11 violation of the plaintiff's rights respecting the subject
12 of     the   action     and      tending    to     render       the        judgment
13 ineffectual, a temporary order may be granted restraining
14 the act, subject to W.S. 5-3-114. The order may also be
15 granted in any case where it is specially authorized by
16 statute and by municipal ordinance adopted pursuant to W.S.
17 15-1-103(a)(xlvi).
18
191-28-103.      When and by whom granted.
20
21 The injunction may be granted at the time of commencing the
22 action, or at any time before judgment, by the district
23 court or a judge thereof or a panel of judges convened
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1 under W.S. 5-3-114, or in the absence from the county of
2 the judge, by the court commissioner of the county, when it
3 appears by affidavit of the plaintiff or his agent that the
4 plaintiff is entitled thereto. When an injunction has been
5 vacated during the pendency of the action in the district
6 court, and an appeal is taken to the supreme court from the
7 judgment or final order after trial in the district court,
8 an injunction may be granted at any time before judgment or
9 final order in the supreme court by a judge of the supreme
10 court, when it appears to the court or judge by affidavit
11 of   the     party   or   his    agent    that   the    party   is   entitled
12 thereto. Upon like proof, an injunction may also be allowed
13 by the supreme or district court or by a judge of either as
14 a temporary remedy, during the pendency of a case on error
15 or appeal. Any injunction entered in an action or case in
16 which the constitutionality of a statute or session law is
17 challenged      shall     be     entered    in    accordance     with   W.S.
18 5-3-114.
19
201-37-102.       Scope and general consideration.
21
22(a)    Courts      of     record     within      their    respective
23 jurisdictions may declare rights, status and other legal
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1 relations whether  or not       further relief is  or    could be
2 claimed. No proceeding is open to objection on the ground
3 that a declaratory judgment or decree is prayed for. The
4 declaration may be either affirmative or negative in form
5 and effect, and such declarations shall have the effect of
6 a final judgment.
7
8(b)    Actions    filed    under  this    chapter       in    which    the
9 constitutionality of any statute or session law of this
10 state    is    challenged       shall      be    resolved        by    a    panel        of
11 district court judges in accordance with W.S. 5-3-114.
12
135-1-106.       Retirement of judges of the supreme court or
14 district courts; pension; assignment of retired judges.
15
16(f)    Any justice of the supreme court, chancery court
17 judge   or    district     court       judge      of    this     state,       who    has
18 retired pursuant to the provisions of this section, and who
19 is not practicing law, may, notwithstanding his retirement,
20 be   called    upon,     with    his    consent,        at     the    request       of    a
21 district      court    judge    or     circuit  court    judge,       with    the
22 consent of the chief justice, or by the chief justice, and
23 assigned to service on any court. No retired justice or
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1 judge shall be assigned under this subsection to service on
2 any court in any case or cause of action in which the
3 constitutionality of any statute or session law of this
4 state is challenged, whether in the initial filing or in a
5 subsequent       filing       or    hearing      in        the   case     or    action.       A
6 retired justice or judge shall receive as a salary during
7 any period of assignment an amount equal to the current
8 compensation       of     a    judge    of       the       court    to    which        he    is
9 assigned.        The    salary       received by  a retired justice  or
10 judge during any period of assignment shall not affect the
11 receipt of any retirement allowance received by the retired
12 justice     or     judge  during       the        period    of        assignment.
13 Assignments       of    retired        justices  or    judges        under    this
14 section   shall        only    be     made      in     a    manner       that    does       not
15 jeopardize the qualified status of state retirement plans
16 established by the Wyoming legislature.  When called to
17 serve, a retired judge or justice shall receive the same
18 per diem and travel allowances as allowed active judges or
19 justices. Per diem, allowances and compensation shall be
20 paid from the contingent fund of the court to which the
21 judge or justice is assigned.
22
23Section 3.
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1
2(a)   This act shall apply to:
3
4(i)     All actions and cases commenced on and after
5 the effective date of this act;
6
7(ii)    All    actions   and   cases    filed    before    the
8 effective date of this act but in which a challenge to the
9 constitutionality of a statute or session law is raised on
10 and after the effective date of this act;
11
12(iii)    All   assignments     of   retired     justices   and
13 judges made under W.S. 5-1-106, as amended by section 1 of
14 this act, on and after the effective date of this act.
15
16(b)   Nothing in this act shall be construed to affect
17 the validity of any injunction or order issued before the
18 effective date of this act.
19
20Section 4.     This act is effective July 1, 2026.
21
22(END)
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