Wyoming judges: We must protect the independence of our judiciary by Alan B. Johnson, Kelly H. Rankin and Scott W. Skavdahl

 

Wyoming judges: We must protect the independence of our judiciary

by Alan B. Johnson, Kelly H. Rankin and Scott W. Skavdahl

Justice Thomas on Taking Ownership of Our Country

Televised comments by Supreme Court justices are fairly rare.

This one is already making lots of headlines, but he's not really saying anything particularly shocking.

Donald Trump attends oral arguments in Trump v. Barbara.

That's the birthright citizenship case.

Trump's going to lose this case, which will be another example of the wheels coming off of his administration.  His presence at the Court will not impress anyone, let alone the Justices. Trump seems to have lost any sense that he's not that impressive to about 70% of Americans.

His attendance is, frankly, appalling.

Cont (April 1, 2026)

JUSTICE NEIL GORSUCH: Do you think Native Americans today are birthright citizens under your test and under your friend's test?

D. JOHN SAUER, U.S. SOLICITOR GENERAL: I think so. I mean, obviously, they've been granted citizenship by statute ...

GORSUCH: Put aside the statute. Do you think they're birthright citizens?

SAUER: No, I think the clear understanding that everybody agrees in the congressional debates is that the children of tribal Indians are not birthright citizens.

GORSUCH: I understand that's what they said. But your test is the domicile of the parents, and that would be the test you'd have us apply today, right?

SAUER: Yes, yes. So, if a tribal Indian, for example, you know, gives up allegiance to ...

GORSUCH: Are tribal members born today birthright citizens?

SAUER: I think so, on our test, if they're lawfully domiciled here. I'm not s—, I have to think that through, but that's my reaction.

GORSUCH: I'll take the yes. That's alright.

Gee Louise, this administration is really something. 

Lex Anteinternet: Court Watch, Part V.

Lex Anteinternet: Court Watch, Part V.:  Expect a major hissy fit. I think we can confidently assume this project is dead, and that some lesser more useful construction will take p...

Court Watch, Part V.

 Expect a major hissy fit.

I think we can confidently assume this project is dead, and that some lesser more useful construction will take place after Trump is out of office.

The judge ruled that the plaintiff was likely to prevail as the administration likely lacks the authority they tried to exercise here.

They should refund the money and Trump should pay for this destruction himself.

April 1, 2026

Trump's executive order on mail voting is set to face legal challenges

Not of the west at all, but a tragedy.

 

After abortion ruling, lawmaker tries to deny Wyoming court security funding 

The House struck down Rep. Rachel Rodriguez-Williams’ amendment to deny about $3.6M in funding for court security.

Rep. Lieu Says Illegal for Military to Use Force Against Greenland Without Congress Authorization

The American way

The American way: If we truly want to reestablish our national “greatness,” then we, and especially those who represent us in government, must all recommit to the fundamental and very simple proposition that America is, and has always been, a nation of laws, not men, write a group of Wyoming attorneys and retired judges.

Wyoming Judge’s Secret Life Is Hand-Writing Top-Selling Legal Thrillers

 

Wyoming Judge’s Secret Life Is Hand-Writing Top-Selling Legal Thrillers

"President Donald Trump is using the law for partisan purposes"

In 1985, President Ronald Reagan appointed me as a federal judge. I was 38 years old. At the time, I looked forward to serving for the rest of my life. However, I resigned Friday, relinquishing that lifetime appointment and giving up the opportunity for public service that I have loved.

My reason is simple: I no longer can bear to be restrained by what judges can say publicly or do outside the courtroom. President Donald Trump is using the law for partisan purposes, targeting his adversaries while sparing his friends and donors from investigation, prosecution, and possible punishment. This is contrary to everything that I have stood for in my more than 50 years in the Department of Justice and on the bench. The White House’s assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out. Silence, for me, is now intolerable.

Mark L. Wolf, U.S. District Court Judge for the United States District Court for the District of Massachusetts.

Amy Coney Barrett Is Looking Beyond the Trump Era | Interesting Times wi...

Two Wyoming Supreme Court justices discuss role amid growing legislative, public scrutiny - WyoFile

Two Wyoming Supreme Court justices discuss role amid growing legislative, public scrutiny - WyoFile: High court maintains business-as-usual approach as justices weigh high-profile cases on abortion, school financing, justices say.

Notice Regarding Impending Government Shutdown

From the Federal Courts.

If the federal government enters a lapse in appropriations (aka "a shutdown") on October 1, 2025, the United States District Court and the United States Probation Offices will remain open, and all court operations will continue as scheduled. During Phase 1 of a lapse in of appropriations, balances from fees and no-year appropriations allow the judiciary to sustain operations until those fees and appropriations are exhausted. Once those fees and appropriations are exhausted, the judiciary has no available funds to continue operations and enters Phase 2 of a lapse in appropriations. During Phase 2 of a lapse in appropriations the judiciary must reduce operations to perform only excepted activities. The Court will issue further guidance regarding excepted activities should the lapse in appropriations progress into Phase 2.

Tone it down, senator. There is no fire in this theater.

Tone it down, senator. There is no fire in this theater.: Surely Sen. Lummis, an attorney who took an oath to uphold and defend the Constitution, one whose congressional ancestors crafted the language she now seeks to unwind, understands the implications of greenlighting limitations of speech.

A Broken Profession

This is a follow-up to something I posted here just the other day, taking the blog away from its comfortable place of depicting courthouses, into the nature of the contemporary practice.

Courthouses of the West: Things in the air. Some observations with varying ...: This blog is supposed to be dedicated to architecture, basically, although matters pertaining to the law do show up here.  Very rarely is th...

Here, I'm doing it again.

The CLEs above were on my mind to such an extent, and indeed they still are, that I've discussed them with several other lawyers I know.  Turns out some of them are on meds for anxiety.  I would never have guessed it.

There's something about this that really disturbs me,. although I don't fault them any one of them a darned bit.  Some of them seem to love their careers and are really good at what they do.  What bothers me, however, is that we seem to have developed a profession that has to heavily rely upon chemicals just to get by.

Just going back to the earliest of human mind altering chemicals, it's reported that between 21-36% of lawyers engage in problem drinking at hazardous, harmful, or potentially alcohol-dependent levels.  That's pretty disturbing, as that's between 1/5th up to a little over 1/3d of all practicing lawyers.  Some studies suggest that 36% of Minnesota's lawyers and judges drink at a dangerous level, and if that's not disturbing enough, some studies suggest that 41% of Canadian lawyers do.  Around 10% of lawyers have a drug abuse problem, but that probably includes a lot of them who have an alcohol problem.

Not good.

There's really no way to know how many lawyers are on anti anxiety medications.  Probably a bunch.  It's obviously much, much, better that people dealing with anxiety inducing situations seek medical help than crack open a bottle of Henry McKenna and poor yourself several shots.*  It's also better than smoking a joint or whatever else people are doing in the illegal drug categories, although obviously these days marijuana is sort of in a weird still illegal but not enforced much category.**

The laws approach to all of this has been to reach out to lawyers and offer "help".  But perhaps what should be obvious, but doesn't seem to be, is the profession itself needs the help.  If this percentage of its professionals, including its best and brightest, need chemical help just to get by each day, there's something existentially wrong in the profession.  All the CLE's on mindfulness in the world aren't going to fix that.

Footnotes:

*Henry McKenna is an Irish Whiskey named after lawyer and distiller, Henry McKenna.

**Marijuana is still a scheduled illegal drug in Federal law and students imbibing in it can risk admission to their State bars.  Likewise this can be true for people seeking a career in law enforcement.

Things in the air. Some observations with varying degrees of introspection.

This blog is supposed to be dedicated to architecture, basically, although matters pertaining to the law do show up here.  Very rarely is there anything on the practice of law.  

This is an exception, but really not a cheerful one.

The State bar convention is going on.  I never go it, but now you can attend some of it electronically.  I did that yesterday as I needed the CLE credits, I wish I hadn't.

The first CLE I attended I picked up as I needed the ethics credit.  It was an hour of "mindfulness" which is usually a bunch of bullshit suggestions on how to deal with stress that you really can't implement in the real world.  That's what it turned out to be, in part, but it descended into "this job really sucks" for an hour.  All of the panelists, including a judge and a justice, had to have counselling at some point in their careers for work stress.

I hope some students were in the audience to see that.  If even Wyoming Supreme Court justices say the practice is so bad they need psychological help to endure it, well that's pretty bad.

The last CLE of the day was the legislative panel.  Usually I think of that as being new laws that are coming down the pipeline, which it partially was, but the first part started off as a plea from a lawyer/legislator for lawyers to run for office, noting how in Wyoming that's declined enormously.  That turned into an outright dumping on the Wyoming Freedom Caucus, which needs to be dumped on.  The last part of that session, however, dealt with the ongoing massive decline in civil practitioners putting in for judgeships.  They just aren't doing it.  They were urged to do it.

As noted, I wasn't there to ask a question, but if I had been, I'd have asked why should they, when Governor's have agendas and the current Governor is only really interested in appointing prosecutors.  It's extremely obvious.  The one before that would almost always pick a woman, if possible, and was very open about that.  If you are a male civil practitioner, just forget it.

Justice Kautz, who is now the current AG, noted how being a judge, and particularly a justice, was a great job for a law nerd.  The last panelist, a current Fed defender who was a private lawyer with a very wide practice, noted how he had put in many times and urged people to do so, even though it was disappointing if you did not make it.

It's disappointing for sure.

For me, hearing Justice Kautz talk was outright heartbreaking, as what he expressed made up the very reasons I wanted to be a judge and replied repeatedly, with no success.  I never even got an interview, even though at one point I was being urged by judges and members of the judicial nominating committee to apply.  I'm frankly bitter about it even while knowing that I should not be.  It's hard not to come to the conclusion that the system has become a bit of a fraud, frankly, particularly now that the committee has been rounded out to include non lawyers in it.  I've felt for some time that the Governor's office had an influence on who was picked, even though I have no inside knowledge on that sort of thing.  It's just a feeling, and not a good one.  When judges are picked which leave almost all the practitioners wondering what happened, it's not a good thing.

It leads to me listening to everything Justice Kautz said about the reasons he wanted to be a judge, and myself realizing I once felt those things, but I no longer do.

Back on the stress part of this, a lawyer I've known for a long time, but who is quite a bit younger than me, recently took a really neat vacation.  He came back to the office and announced he's leaving the law.  I was so surprised I called him.  He revealed that being on vacation had taught him he didn't have to live a miserable life.

As noted, it's not cheerful.  Perhaps its ironic, therefore, that the much longer post I took this from started off with:

Cheerfulness strengthens the heart and makes us persevere in a good life. Therefore the servant of God ought always to be in good spirits.

St. Philip Neri.

Well, it's hard to see how we lawyers are Servants of God.  Indeed, I fear out dedication to money has been such that we're getting to the point that's all we're the servants of.

Suit Up.

Dear Members of the Wyoming State Bar, 

Suit Up is a student-led organization at the University of Wyoming College of Law that provides students with access to professional clothing and helps reduce financial barriers to academic and career opportunities. 

With the State Bar Conference in Laramie this week, we invite you to support our mission by making a monetary contribution. We welcome donations of gently used professional clothing. Our Career Services Director, Kristin Lanouette would be happy to collect donations on Wednesday, September 17, at the College of Law Welcome Reception. Your support will directly help students participate in networking and career events with confidence. 

Thank you for considering a donation and supporting the next generation of young lawyers.

For any monetary donations we kindly take cash, checks, or Venmo @junuenth (last four digits are: 2933).

Additionally, for any questions, please feel free to email our President – Junuenth Daniels jmorale5@uwyo.edu.  

Sincerely,

Suit Up Leadership Team

University of Wyoming College of Law

LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

August 14, 2025                                                          Contact:          Sharon Wilkinson

                                                                                                            Executive Director

                                                                                                            (307) 432-2102

 

LEGENDARY TRIAL LAWYER GERRY L. SPENCE DIES AT 96

 

MONTECITO, Calif. – Gerry L. Spence, the celebrated Wyoming trial lawyer whose buckskin jacket, folksy delivery, and unbroken string of courtroom victories made him one of America’s most renowned advocates, died yesterday at his home in Montecito, California. He was 96.

 

Over more than six decades, Spence built a record unmatched in American legal history, never losing a criminal jury trial and, after the late 1960s, never losing a civil case. Known for his fierce dedication to the underdog, he pledged never again to represent a corporation against an individual, vowing to stand with “the people who had no one else.”

 

Spence rose to national prominence through a series of landmark cases, including the $10.5 million verdict for the family of nuclear whistleblower Karen Silkwood, the successful defense of former Philippine First Lady Imelda Marcos, and the acquittal of Idaho survivalist Randy Weaver on the most serious charges stemming from the Ruby Ridge standoff. His high-profile victories also included a $52 million judgment against McDonald’s and a $26.5 million libel award for Miss Wyoming against Penthouse magazine.

 

Born January 8, 1929, in Laramie, Wyoming, Spence earned his law degree magna cum laude from the University of Wyoming College of Law in 1952. After early years as a prosecutor and insurance defense lawyer, he shifted his career toward representing individuals in cases others deemed unwinnable.

 

Beyond the courtroom, Spence founded the Trial Lawyers College in 1994 at his Thunderhead Ranch in Wyoming, training generations of attorneys in the “Spence Method” — an approach centered on authenticity, emotional connection, and moral courage. He was also a prolific author of more than a dozen books, a familiar voice on national television during major trials, and a recipient of lifetime achievement honors from the American Association for Justice and the American Trial Lawyers Hall of Fame.

 

Spence is survived by his wife of 57 years, LaNelle P. Spence; his children Kip Spence, Kerry Spence, Kent Spence, Katy Spence, Brents Hawks, and Christopher Hawks; thirteen grandchildren; and one great-grandchild.

 

As he once told a jury, summing up the creed that defined his career:

 

            “I would rather speak for the weak than be the strongest man in the room.”

 

Wyoming Senate panel rebuffs effort to give lawmakers more control over judicial nominations

Wyoming Senate panel rebuffs effort to give lawmakers more control over judicial nominations: The Wyoming Freedom Caucus began criticizing the court’s judiciary after rulings against its initiatives. A narrow vote Tuesday indicated debate is likely to continue.

Judges, lawyers describe perils of attacking judiciary at Grand Teton National Park gathering

Judges, lawyers describe perils of attacking judiciary at Grand Teton National Park gathering: Legal professionals attending a Wyoming conference look to citizens to stand up for safety and independence of judges.