A municipal judge may place a criminal defendant on probation pursuant to W.S. 7-13-301 through 7-13-307 and require the defendant as a probationary condition to participate in a program under this act. Notwithstanding any other provision of law, the probation period for a defendant whose disposition includes participation in a program or a court supervised treatment program may exceed the maximum term of imprisonment established for the offense, but shall not exceed thirty-six (36) months.
5-12-117. Program participation as a condition of parole.
(a) The state board of parole may, as a condition of parole, require a parolee to participate in a program established under this act, provided:
(i) The program team accepts the parolee for participation in the program; and
(ii) The parolee is subject to the rules and sanctioning powers of the program but remains under the authority of the board for all other matters related to the parole.
5-12-118. Surcharge to be assessed in certain criminal cases; paid to account.
(a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, any offense under W.S. 31-5-233 or 35-7-1001 through 35-7-1057 may be assessed a surcharge of not more than fifty dollars ($50.00).
(b) The surcharge may be imposed upon any defendant for whom prosecution, trial or sentence is deferred under W.S. 7-13-301 and 7-13-302 or 35-7-1037 or who participates in any other diversion agreement for an offense specified in subsection (a) of this section.
(c) The court may waive the surcharge if the person is unable to pay the surcharge or for any other good cause shown. The court shall consider all other financial obligations imposed on the defendant and set the surcharge so as not to create an undue financial burden on the defendant.
(d) The surcharge shall be paid within ten (10) days of imposition. Failure to comply with the provisions for payment of the surcharge is punishable as contempt of court. Contempt or other proceedings, including proceedings under W.S. 6-10-105, if applicable, to collect the surcharge may be initiated by the district attorney or by the court on its own motion.
(e) The proceeds from the surcharge imposed by this section shall be remitted promptly by the clerk of the court to the supreme court for deposit in the account.
Pursuant to the provisions of article 5, section 1 of the Wyoming Constitution, the chancery court of the state of Wyoming is hereby established for the state of Wyoming.
5-13-102. Chancery court fund account created; purposes.
(a) There is created an account entitled "the chancery court account." The chancery court account shall receive all filing fees received by the chancery court. Any interest accruing to the account shall be retained in the account and may be expended for the purposes provided in this section. No funds shall be expended from the account until the legislature appropriates the funds. Funds within the account shall be used for the purpose of funding operation of the chancery courts, including judicial salaries, staff salaries, supplies, operating costs and other expenses of the chancery court.
(b) The judicial salaries, staff salaries, supplies, operating costs and other expenses of the chancery court may be appropriated by the legislature from the general fund, or other fund, to the extent sufficient funds are not available in the chancery court account.
5-13-103. Number of judges; location of chambers; concurrent jurisdiction.
(a) The chancery court of the state of Wyoming shall consist of no more than three (3) judges. The location of chambers and assignment of cases shall be prescribed by rules promulgated by the supreme court.
(b) All chancery court judges in the state shall have concurrent jurisdiction throughout the state as provided in W.S. 5-13-115(d).
5-13-104. Supreme court to adopt rules; fees and court
costs; rules of procedure to govern courts; place for holding court; inherent powers; appeals.
(a) The Wyoming supreme court is hereby vested with management and supervisory powers, including financial auditing authority, over the chancery court of the state of Wyoming. The Wyoming supreme court shall establish procedures and regulations for the effective and expeditious resolution of disputes between parties and the administration of the business of the chancery court, including the Wyoming Rules of Civil Procedure for the Chancery Courts and procedures for:
(i) The filing of an action with the chancery court;
(ii) The removal of an existing case from another court to the chancery court;
(iii) The removal, by the non-filing party, of a case filed with the chancery court to another court;
(iv) Trial without a jury;
(v) The ordering of mediation;
(vi) Referrals to a special master;
(vii) The streamlined and expeditious completion of discovery.
(b) The Wyoming supreme court shall establish fees and charges for the chancery court, provided:
(i) The fees and charges are established to, as nearly as practicable, fund the operation of the chancery court; and
(ii) The original filing fee is set at not less than five hundred dollars ($500.00). The fee shall apply to original actions commenced, actions removed or transferred to the chancery court from another court and to actions that are reopened after a final decree previously has been entered.
(c) The Wyoming Rules of Civil Procedure for Chancery Courts and the Wyoming Rules of Evidence, as amended or supplemented from time to time, shall govern the chancery court.
(d) The judges of the chancery court may hold court for each other and shall do so when required by law. A judge of the chancery court may hold court in any county where venue is appropriate.
(e) When no special provision is otherwise made by law, the chancery court shall be vested with all inherent powers that are possessed by courts of record in this state.
(f) Opinions of the chancery court shall be published by the clerk of the chancery court in a searchable electronic database.
(g) An appeal from a judgment or other appealable order of the chancery court shall be to the Wyoming supreme court in accordance with the Wyoming Rules of Appellate Procedure.
(h) As used in subsection (a) of this section, "effective and expeditious resolution of disputes between parties" means the resolution of a majority of the actions filed in the chancery court within one hundred fifty (150) days of the issuance of the scheduling order in each action.
The chancery court shall be called the "Chancery Court of the State of Wyoming" which shall be a court of record with a seal and the judge and clerk thereof have power to administer oaths and affirmations. The chancery court shall be presided over by a chancery court judge.
The terms of chancery court judges shall be six (6) years. Each chancery court judge selected under the provisions of article 5, section 4 of the Wyoming Constitution shall serve for one (1) year after his appointment and until the first Monday in January following the next general election after the expiration of the year. At the general election, he shall stand for retention in office throughout the state as provided in article 5, section 4 of the Wyoming Constitution.
5-13-107. Judges to be nonpartisan; nomination and appointment.
Judges of the chancery court shall be nonpartisan, shall be nominated and appointed and retained as provided by article 5, section 4 of the Wyoming Constitution.
(a) To be eligible for appointment to the office of judge of the chancery court, a person shall be:
(i) A qualified elector of the state;
(ii) Authorized to practice law in Wyoming; and
(iii) Experienced or knowledgeable in the subject matter jurisdiction of the chancery court.
5-13-109. Temporary assignment to fill vacancies; appointments to fill vacancies in office.
(a) Prior to the appointment of a chancery court judge under subsection (b) of this section or in the event a chancery court judge appointed under W.S. 5-13-107 dies, becomes unable or unwilling to perform the duties of his office, the supreme court may temporarily assign the duties of chancery court judge to be performed by a person who meets the qualifications set forth in W.S. 5-13-108. Any assignment shall be made to:
(i) A retired supreme court justice;
(ii) A retired district court judge;
(iii) A member of a panel of up to five (5) active district court judges selected by the supreme court to serve as a chancery court judge on an ad hoc basis;
(iv) A special master; or
(v) A magistrate.
(b) Beginning January 1, 2025, the office of judge of the chancery court and any vacancies therein shall be filled as provided by W.S. 5-13-107.
5-13-110. Delivery of official records and papers to successor in office.
If the office of judge of the chancery court becomes vacant by reason of death, removal from office or otherwise, the senior chancery court judge, or if there is none, the clerk of the chancery court, shall take charge of the official records and papers of the judge and deliver them to the successor in office of that judge.
5-13-111. Jurisdiction of successor is same as that of predecessor in office.
A judge of the chancery court with whom the records of his predecessor have been deposited has the same jurisdiction over all actions and proceedings entered in the records as if they were originally commenced before him.
Chancery court judges shall receive the annual salary provided by W.S. 5-1-110(a)(iv). When a new salary is effective for any judge of the chancery court upon new appointment or the commencement of a new term, it shall be effective for all judges of the chancery court. In addition to salary, a judge of the chancery court shall be reimbursed for traveling expenses actually incurred when the business of the chancery court requires his attendance more than five (5) miles from the place where he regularly holds court.
Before assuming the duties of his office, a judge of the chancery court shall take and subscribe before a supreme court justice the oath of office prescribed by the constitution of Wyoming.
(a) The chancery court shall be a court of limited jurisdiction established for the expeditious resolution of disputes involving commercial, business, trust and similar issues. The chancery court shall employ nonjury trials, alternative dispute resolution methods and limited motions practice and shall have broad authority to shape and expedite discovery as provided in the rules adopted by the supreme court to govern chancery courts.
(b) The chancery court shall have jurisdiction to hear and decide actions for equitable or declaratory relief and for actions where the prayer for money recovery is an amount exceeding fifty thousand dollars ($50,000.00), exclusive of claims for punitive or exemplary damages, prejudgment or post judgment interest, costs and attorney fees provided the cause of action arises from at least one (1) of the following:
(i) Breach of contract;
(ii) Breach of fiduciary duty;
(iii) Fraud;
(iv) Misrepresentation;
(v) A statutory or common law violation involving:
(A) The sale of assets or securities;
(B) A corporate restructuring;
(C) A partnership, shareholder, joint venture or other business agreement;
(D) Trade secrets; or
(E) Employment agreements not including claims that principally involve alleged discriminatory practices.
(vi) Transactions governed by the Uniform Commercial Code;
(vii) Shareholder derivative actions. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
(viii) Commercial class actions;
(ix) Business transactions involving or arising out of dealings with commercial banks and other financial institutions;
(x) A dispute concerning the internal affairs of business organizations;
(xi) A dispute concerning environmental insurance coverage;
(xii) A dispute concerning commercial insurance coverage;
(xiii) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships, joint ventures, banks and trust companies. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
(xiv) Transactions governed by the Wyoming Uniform Trust Code;
(xv) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief or appeals pursuant to W.S. 1-21-801 through 1-21-804 or 1-36-101 through 1-36-119, involving any of the foregoing enumerated issues. Where any applicable arbitration agreement provides for an arbitration to be heard outside the United States, the monetary threshold set forth in this subsection shall not apply;
(xvi) A dispute concerning a trademark, trade name or service mark. The monetary threshold set forth in this subsection shall not apply to actions brought under this paragraph;
(xvii) A dispute concerning a digital asset registered under W.S. 34-29-201 through 34-29-209.
(c) The chancery court may exercise supplemental ancillary jurisdiction over any cause of action not listed in subsection
(b) of this section at the discretion of the chancery court.
(d) All chancery court judges throughout the state shall have concurrent jurisdiction with all district court judges throughout the state only as to the causes of action enumerated in subsection (b) of this section and to the causes of action for which the chancery court exercises supplemental ancillary jurisdiction under subsection (c) of this section.
(e) A chancery judge may submit to arbitration any matter pending in chancery court, upon agreement of the parties as provided by W.S. 1-21-801 through 1-21-804, or upon application of either party showing an arbitration agreement and refusal of the opposing party to arbitrate as provided by W.S. 1-36-101 through 1-36-119.
(f) A chancery judge may order mediation in any matter pending in chancery court.
(g) The chancery court shall have jurisdiction to hear and decide appeals of any decision of the state banking board or the state banking commissioner appealed under W.S. 13-12-117.
5-13-116. Powers generally; expenses of judges when acting in a circuit court or in a district court.
(a) In exercising the jurisdiction granted under W.S. 5-13-115, the chancery court may:
(i) Preserve and enforce order in its immediate presence and in the proceedings before it according to the Wyoming Rules of Civil Procedure for Chancery Courts;
(ii) Compel obedience to its judgments, orders and processes;
(iii) Except as otherwise provided, control the conduct of its ministerial officers and of all other persons in any manner connected with judicial proceedings before it;
(iv) Issue summonses, subpoenas or other process in chancery court cases;
(v) Administer oaths and affirmations and take acknowledgments, affidavits and depositions;
(vi) Amend and control its process and orders to make them conformable to law and justice;
(vii) Proceed to nonjury trial, render judgment and grant writs of execution to carry into effect any order or judgment of the court; and
(viii) Punish for contempt in the same manner as district court.
(b) A judge of the chancery court may hear any case or proceeding assigned to the chancery court by a district court in accordance with W.S. 5-3-112(a) or a circuit court in accordance with W.S. 5-9-131.
(c) The expenses of any chancery court judge holding court in any circuit court pursuant to assignment under W.S. 5-9-131 or in any district court pursuant to assignment under W.S. 5-3-112(a), including the judge's traveling expenses, and the judge's expenses while holding court, shall be charged to the fund of the court where the judge is holding court pursuant to assignment under W.S. 5-3-112(a) or 5-9-131.
(a) There shall be a clerk of the chancery court for the state of Wyoming. The clerk shall be selected by a majority of justices of the supreme court and shall be an employee of the supreme court. The clerk shall receive an annual salary to be determined by the supreme court which shall be paid in monthly installments in the same manner as other state salaries are paid. The clerk shall perform the duties prescribed by law and the rules adopted by the supreme court.
(b) The clerk of the chancery court may, with the consent of a majority of the justices of the supreme court, appoint a deputy clerk. The deputy may perform all the duties of the office in the name of the clerk and the attestation of the deputy to all decrees, orders and processes, shall have the same effect and force as if issued by the clerk. The deputy clerk shall receive an annual salary to be determined by the supreme court which shall be paid in monthly installments in the same manner as other state salaries are paid.
The clerk of the chancery court shall collect all fees and charges as required and set by the supreme court under W.S. 5-13-104(b). At the time of the original filing, the clerk also shall collect a court automation fee in the amount of one hundred dollars ($100.00) which shall be deposited into the judicial systems automation account established by W.S. 5-2-120, and an indigent civil legal services fee in the amount of ten dollars ($10.00) which shall be deposited into the indigent civil legal services account established by W.S. 5-2-121.
The clerk shall receive all cases filed with the court and maintain the records of the court. The clerk shall receive, account for and pay over all money that may come into the possession of the court according to law or by rule or order of court. The clerk shall be responsible for publishing the opinions of the court as provided in W.S. 5-13-104(f) and as may be provided for by rule.