Committee Adopts Bill To Make Wyoming Senate Confirm Supreme Court Justices

Condemn attacks on judiciary, Wyoming lawyers and judges urge delegation

Condemn attacks on judiciary, Wyoming lawyers and judges urge delegation: More than 100 members of the state’s legal community, including four retired Supreme Court justices, implored Sens. Barrasso and Lummis and Rep. Hageman to resist “reckless disdain” for the courts.

 

Lex Anteinternet: 2025 State of the State & State of the Judiciary

Lex Anteinternet: 2025 State of the State & State of the Judiciary

2025 State of the State & State of the Judiciary

The Jury.

The entire time I've been a lawyer. . . well, no, well before that, I've been told that one of the "greatest" things about "the world's greatest judicial system" is that it uses juries.

Most legal systems do not, and those that do, have tended to pick it up from the English Common Law system, often through American influence.  Save for Louisiana, we use the English system, and the English system has long used juries.  

The system has evolved over time.  Originally it was an effort to gather those from the area where an event occured, and was truly a jury of peers. The danger was that they actually knew you, and therefore may be inclined to judge your guilt or innocence based on that, which was part of why it was conceived of as a good system. Over time, while it was still supposed to be a jury of your peers, they were picked, through the voir dire process, for their fairness.

I'm not about to say that juries always get everything right. They don't.  But lawyers are taught to respect the process and the juries, and for good reason.  Frankly, more often than not, juries are right.  Not always, but holding them in contempt is wrong.

The jury that found Donald Trump guilty of 34 felonies this past week in Manhattan was made up seven men and five women, and included two attorneys, a software engineer, an e-commerce sales professional, a security engineer, a teacher, a speech therapist, an investment banker and a retired wealth manager.   That is a highly educated jury, and frankly that probably truly is a jury of Trump's peers.  Leaving two lawyers on the jury is bizarre, as lawyers only rarely make a jury panel, although I've known one who did.  I've been called for jury duty once and did not get picked, as I didn't expect to be.  Having two lawyers on the panel is phenomenal.

It'd be interesting to know how that occured.  Trump's defense team may have thought that the lawyers would regard the charges as strained in regard to election interference, which a lot of legal analysts did.  They may have, instead, helped the jury wade through the piles of stuff they had and arrive at the conclusion which they did.

Anyway you look at it, they arrived at the opinion they arrived at, and that needs to be respected.

Which Wyoming's elected officials are not.

The jury has been slammed by all of our Congressional delegation, two of whom are lawyers, the Governor and the Secretary of State.

It's tragic.

Wyoming makes frequent recourse to the courts as a state, and now it's attacking the judicial system.  There's utterly nothing whatsoever to question the nature of this jury on.  It appears to have been well qualified for its role.  There's no reason to suspect that New York's legal system is deficient in any way.

It's inexcusable to attack the jury.

Painted Bricks: Stormwater drain, Casper Wyoming.

Painted Bricks: Stormwater drain, Casper Wyoming.:   

Stormwater drain, Casper Wyoming.

 

This stormwater drain is outside of the Townsend Justice Center in Casper, Wyoming.

Frankly, I really don't think that this send the best message . . . 

Blog Mirror: Wyoming Chief Justice calls for increased security amid rising number of threats

 

Wyoming Chief Justice calls for increased security amid rising number of threats

Courthouses of the West: 2024 State of the State and State of the Judiciary

When I originally posted this item, Courthouses of the West: 2024 State of the State and State of the Judiciary, I hadn't yet listed to the speeches.  

I have since.

Chief Justice Fox's speech starts at about 59:00.  

It's probably a true "state of" type speech, something that's actually fairly rare.  A main point is that the judiciary is underfunded  and is not receiving the same staff wage raises that the rest of the state's employees are.

A short reference is made to some new judges, and the retiring Justice Kautz.  It's very brief, noting, with a hint of displeasure, that he's required to retire due to the age 70 statutory provision.

A really nice article on retiring Justice Kautz is in the current edition of The Wyoming Lawyer.

Railhead: Rail Features. Thyra Thompson Building, Casper Wyoming. Chancery Court.

Railhead: Rail Features. Thyra Thompson Building, Casper Wyo...:

Rail Features. Thyra Thompson Building, Casper Wyoming.

The State of Wyoming recently completed the construction of a massive new state office building, the Thyra Thompson Building, in Casper.  All of the state's administrative bodies, except for the district and circuit courts, are housed there.

The building does house, however, the Chancery Court for the entire state, a new court that's only recently been established.

The building is built right over what had been the Great Northwest rail yard in Casper, which was still an active, although not too active, rail yard into my teens.  I can't really recall when they abandoned the line, but it was abandoned.

In putting the building in, and extending the Platte River Parkway through it, the State did a nice job of incorporating some rail features so that there's a memory of what the location had been.

They also put in some historical plaques, which are nice. The curved arch at this location, moreover, is the location of the old turntable.  It was a small one, which I hate to admit that I crossed over when I was a teenager, a dangerous thing to do.

Vote No on the Proposed Amendment B to the Wyoming Constitution.

Let's get political for a second.

Oh no, you are likely thinking, isn't this blog dedicated to architecture and the like? Sure, it crosses over into the law itself, from time to time, but . . . 

Well, yes, we're departing from our normal programming to bring you this public service announcement.

And in doing so, I'll note, I'm typing this just a couple of days out of the hospital, too beat up from surgery to go back into the office yet.  

More on that later.

On November 8th when you go to the polls, you will be voting on Constitutional Amendment B, which would increase the mandatory retirement age of Wyoming Supreme Court justices and District Court judges from 70 to 75.  Circuit Court judges are not subject to a mandatory retirement age, oddly.

The Wyoming State Bar doesn't have an official position on it, but it's pretty clear that its unofficial position is vote yes.  The Chief Justice of the Wyoming Supreme Court, who can openly come out on such matters, has, and her position is yes.

Vote No.

First, let's look at some material just released by the Wyoming State Bar.

Okay, there you have it.

Now, before we go on, let's note that the average Wyomingite is 38 years old, and that Wyoming is an "old" state.  So, even as a state whose population is routinely analyzed as getting older and older, it's still less than 40 years of age.

Keep that in mind.

So the arguments in favor of raising the judicial retirement age?  Well, as we all know, all Americans live free of bodily defect brought on by age, illness, or decline in mental faculties until they're 102 years old.

Right?

Not hardly.

Back the above reference to the hospital

This was my view for the last week.  It's a view of the mountain, between the parking garage and an administrative building belonging to the hospital.

I took the photo from here.

I'm out now.

I was in as I had a robotic right colectomy.  In other words, I had a large (very large) polyp in my large intestine that had to be removed.  I learned this was there when I went in for a colonoscopy. This was the following surgery.

This turned out to be a bigger deal. . . a much bigger deal, than I wanted to admit it was.  In my mind, I wanted to pretend that it would be in and out, or at least I'd be out by Friday.  Nope.  I did get out on Saturday, but I'm feeling rather beat up, and it's clear that it's going to take several days to get back to normal.

Army with two IV hookups.  I had two, as I was so dehydrated when I came in, they had a very difficult time finding my veins.

I am on the mend now, however.

I ignored the current advice, which is to go in for a scope at age 50.  You really should, and my failure to do so caused me to end up with this, probably. If I hadn't had this, I probably would have died from this right about the same time my father died from something sort of related, if not perfectly related.  So my life has probably been extended by modern medicine, just like the State Bar notes has generally been the case society wide.

So the State Bar is right, right?

Well, only so far as people now "live longer" as things like colon cancer don't go undetected as much as they once did, so people tend not to die of them. We don't even think of death's like that as natural deaths, whereas at one time, we pretty much did. There's a reason, after all, that in the Middle Ages people prayed for "good deaths".  Dying from colon cancer isn't a good death.

But living a "long", by historical standards, life doesn't mean living one free of deterioration of some sort.  It's been often noted that in recent decades the incidents of dementia have been increasing, with seemingly little public understanding that the reason for this is tied directly to longer lives.  Probably the incidents of cirrhosis of the liver have increased markedly since the Middle Ages as well, in spite of the huge amount of alcohol consumed at the time, for the simple fact that if you die when you are 40 years old you aren't likely to die by that means, in spite of your diet, as compared to its impact as you age past that point.  Lavran is well portrayed as aged at the time of his death in Kristin Lavransdatter when he's probably not even 50, or just over it.  Kristin is probably right about 50 when she dies.  The book is a fictional work, of course, but an extraordinarily well researched novel. It catches that earlier era well.

Put another way, by extending the retirement ages of lawyers up, we're guaranteeing that the percentage of them that experience mental decline while in office also goes up.  There's no doubt about it.

We're also guaranteeing that the average age of jurists will incline upwards, and their years on the bench will extend.

I've already noted that the median age in Wyoming is 38 years old.  Anyone in business of any kind knows that the post Baby Boom generations, Gen, X, Gen Y, the Millennials, and Generation Jones, do not have the same views and attitudes that Baby Boomers do.  For some period of time, Boomers expressed some contempt of that fact in regard to younger generations, and in more recent years younger generations have expressed contempt back.  Perhaps missed in all of this is that younger generations have had a much harder time with much more limited resources than the Boomers have, with that generation being the most privileged in American history.  This is not to pit one generation against another, but rather to point out that a person presiding in judgement over another ought to at least have some appreciation of where that younger person is coming from and what their experiences have been.

Indeed, here's where the points made by the Bar's information sheet actually cut the other way.  It notes:

By 2030, 9.5% of the civilian labor force is projected to be older than 65.

Citing for authority, the following:

Bureau of Labor Statistics, U.S. Department of Labor, The Economics Daily, Number of people 75 and older in the labor force is expected to grow 96.5 percent by 2030 at https://www.bls.gov/opub/ted/2021/number-of-people-75-and-older-in-the-labor-force-is-expected-to-grow-96-5-percent-by-2030.htm (visited June 06, 2022).

We'd note at first, that's not necessarily a good thing.  That we've now returned to a condition in which the elderly have to keep working isn't a sign of a healthy economic environment, bur rather potentially the opposite. The population of the elderly working increasing society wide may mean they have to, not that they want to.  

And beyond that, these are figures for the US as a whole, not Wyoming in particular.

Be that as it may, even on its face, it means that over 90% of the workforce, is age 65 or younger.

The Bar's sheet also unintentionally pointed out by something additionally cuts the other way:

Mandatory judicial retirement at age 70 has resulted in the loss of many eminently qualified Justices and Judges in Wyoming, including Justice Michael K. Davis, Justice Michael Golden, Judge Timothy Day, and Judge Thomas Sullins to name a few. If the mandatory retirement age were extended, not only could these members of the judiciary continue to meaningfully contribute to the law in Wyoming, longer service would also result in a net savings for the State.

First of all, these individuals were not "lost", they're all still living.   While not mentioned in this list (which must be sort of deflating to them), I can easily think of four retired judges who are now mediators and arbitrators, at least one of whom is heavily called upon in that role. So, rather than losing them, we simply employed them, or they chose to employ themselves, in another role.

Additionally, each one of these jurists had a seat which was not abandoned, but occupied by a younger lawyer.  At least one of the individuals mentioned retired years ago, and his replacement is now long serving.  Why are we suggesting that he's some sort of flop?  That is exactly, however, what this suggests, untrue though it would be.

Additionally, like to say, of course, that we're a nation of laws, not of men, but those laws are filtered through the experiences and eyes of men, no matter how a person might wish to believe it.  The economic concerns, for example, of average Americans in their late 20s in the 2020s, who push marriage off for financial considerations, who have lived with their parents longer than any generation since World War Two, and whose attachment to careers are less stable, as the careers themselves are less stable, are considerably different than those for people who came of age in the 70s, when simply having a college degree meant while collar employment.

Experience, of course, counts, as we often here, but so does over experience.  Staying in a place, including an occupation, too long will bring about some sort of stagnation.  This is true in all things.  Spots coaching, where a sort of rough rule of the jungle applies, provides an interesting example. Like the law, the occupation exist geared toward producing a definitive result, so perhaps it's analogous in more ways than one.

In the NFL, for example, the same being an institution which Americans regard as sacrosanct, the two oldest coaches are 70 years of age, before the ages all drop down to less than 65.  The tenth-oldest coach is only 54.  Only one MLB manager is over 70 years of age.  The oldest NBA coach is 73, but in second position is one that's 65.

Another example might be the military, with it sometimes being noted that some aspects of the law are in fact substitutes for private warfare.  For officers, the most analogous group, the following is provided:

CHAPTER 63—RETIREMENT FOR AGE

Sec.1251.Age 62: regular commissioned officers in grades below general and flag officer grades; exceptions. 

1252.Age 64: permanent professors at academies. 

1253.Age 64: regular commissioned officers in general and flag officer grades; exception. 

1263.Age 62: warrant officers..

62 years of age, with exceptions up to 64.

Finally, we might also wish to note, the cost of passing this amendment is opportunity costs, in terms of lost opportunities, for the profession.  Recent appointees to the bench have been relatively young, often being in their 40s if in their 40s.  These individuals will already occupy these positions for up to three decades, meaning that they will fill them to the exclusion of other, also qualified, individuals.  While some may be great judges, we can never hope for that, and if most judges are adequate judges we are doing well.  What we do know, however, is that some great judges will never get to be that, as their chance will be taken up by the aged.  Lawyers who in their late 40s and early 50s still have a chance of being judges will lose that chance as occupants of the bench stay on, with everyone knowing that no matter how respected a lawyer may be, nobody is going to choose them for a judicial position after they are in their late 50s.

The one and only reason, therefore, to pass this amendment is the cost savings one noted by the State Bar, but that's a bad reason.  It reduces this, like so many other things in American life, to dollars and cents to serve economic interests alone.  The logical extension of it is simply to discourage retirement in general, something the larger American society in fact already does.

Vote no on Amendment B.

Town of Mills, Wyoming Municipal Court.

This is the Town of Mills Municipal Court in Mills, Wyoming.  Mills is a city adjacent to the City of Casper, so I should have added this additional Natrona County municipal court some time ago.

University of Wyoming College of Law Large Moot Court, Laramie Wyoming

This is the large Moot Court Room for the University of Wyoming.  Having been in most of the courtrooms in the state I can safely say that its one of the nicest in the entire state.

The back half, or gallery half, of the courtroom has a moveable wall that can open up to allow greater space, or perhaps just more conventional space in the courtroom and also allow the courtroom to function as a lecture hall.  Viewed as a courtroom, what we see here in front of us is the bar of the court.

When I went to UW's College of Law it didn't have a moot courtroom at all, now it has two, a large one and a small one (I have yet to see the small one).  This particular room was the large classroom at the time.  It is quite a facility and I guess it demonstrates how much the physical assets of the College of Law have improved in the past three decades.

According to the University, the College of Law will allow the courtroom to be used by the state courts upon request, if it is not already in use.

Sublette County Courthouse, Pinedale Wyoming

This is the Sublette County Courthouse in Pinedale, Wyoming.  The courthouse is the seat, for Sublette County, of the two courts of Wyoming's 9th Judicial District.

I'm unsure of the vintage of this courthouse, but I'm guess it dates to at least the 1950s, although I could be in error.   The court is in a Federalist style.

Rock Springs City Hall, Rock Springs Wyoming

This is a photo I took of the old Rock Springs City Hall while on my way to a deposition.  It's really taken from the wrong angle, and it's not a great photo. This photos is typical of the "on my way" to somewhere photos that end up on this blog.

And its of a city hall, not a true courthouse, but almost every city hall of this vintage served as a city court and city jail.  This one has a small jail in it, by my recollection, based upon the one time I toured it.  It's now a museum.

The building was built in 1894.

Johnson County Justice Center, Buffalo Wyoming

This is the Johnson County Justice Center in Buffalo Wyoming. This structure replaced the old Johnson County Courthouse that was in use up until recently.

City and County Building, Cheyenne Wyoming

This is the old City and County Building in Cheyenne Wyoming which, at one time, housed all of the offices of the City of Cheyenne and Laramie County, including the courts.

This building has been partially replaced by the Laramie County Government Complex, which physically adjoins it.

This Federal style Classical Revival building was built completed in 1919.  A better view of the building would be from its front, rather than the sides as depicted, which would show its classic columns, but under the constraints of time when this photograph was taken, that couldn't be done.

Laramie County Government Complex, Cheyenne Wyoming

 Laramie County government complex

This is the Laramie County government complex, which houses the District and Circuit courts of the 1st Judicial District. This fairly new building is quite modern in design and appearance.

Old Sweetwater County Courthouse, Green River Wyoming

This is the old Sweetwater County Courthouse in Green River Wyoming. This courthouse, built in 1906, is on the same block as the new courthouse that replaced it. Fortunately, this attractive original courthouse was preserved when the new one was built.  I don't know what use this courthouse serves today.

Sweetwater County Courthouse, Green River, Wyoming.

This is the current courthouse in Green River, Sweetwater County, Wyoming.  This modern style courthouse houses Wyoming's Third Judicial District.  I'm unsure of the vintage of this courthouse, but my guess would be that it was built in the 1960s or 1970s.

Park County Courthouse, Cody Wyoming

This is the Park County Courthouse in Cody Wyoming. The older part of the courthouse was built in 1912, and replaced an earlier courthouse.  The newer portions of the courthouse were built in 1983.

In my mind, the newer part of the courthouse is a bit unfortunate in terms of design, as it doesn't mesh well at all with  the architecture of the older structure.  It's one of at least three Wyoming courthouses where this has been done, with the other two being in Lusk and Sheridan.  On the plus side, the older structure, which had been outgrown, was preserved by this approach.

Natrona County Townsend Justice Center

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This set of photographs is a bit unusual, as you can see the courthouse actually being built, or rather rebuilt.

This is the Townsend Justice Center in Casper, Natrona County, Wyoming. The courthouse houses the state district and circuit courts for the county, those being the courts of the Seventh Judicial District.

This courthouse was the subject of a great deal of controversy. The old Natrona County Courthouse stands across the street, and was much admired by residents of the county. The district court, however, had outgrown the courthouse, and the circuit courts were located in yet another building. There was, therefore, a need to add a courthouse or revise the existing one, particularly after the addition of a third judge. Early efforts proved unpopular with the county's voters, but ultimately the state took the unusual step of funding reconstruction at this structure.

The building itself had been a downtown hotel built in the 1920s, in the golden era of tall hotels. The building had served in this capacity for many years, but entered a slow period of decline in the 1960s. By the late 1970s, the hotel was principally the residence of those down and out on their luck, or of street walkers, but the restaurant remained popular with downtown businessmen. The Petroleum Club, a long time popular club, was attached to it, but was actually in a neighboring building but with access through the Townsend.

After the Petroleum Club moved, the owners of the Townsend finally closed it and it remained vacant for over two decades. When the court needed to move, however, a deal was struck whereby the building was acquired for a nominal fee, and re construction began.

Today, the new and old parts of the building house an ultra modern courthouse, but some of the old signs remain, a written record of its origin as a hotel.

For what it is worth, if you are summoned to jury duty in the District Court for the 7th Judicial District, or the Circuit Court for the 7th Judicial District, this is where you want to go.

The photos added immediately above were taken quite some time after the originals, and were taken while I was waiting for a Circuit Court hearing.  This depicts one of the Circuit Court, courtrooms. The District Court courtrooms are quite a bit bigger.

The courtrooms in this courthouse are quite modern in the District Court, and perhaps when I get he opportunity I'll add a photograph of one. They were designed to be high tech and are.