SF0103

Requires three-judge panels to resolve constitutional challenges to state statutes and session laws in district courts, and prohibits retired judges from being assigned to cases involving constitutional questions.

• Establishes that upon request of the attorney general or district attorney, a three-judge panel must be convened for any case challenging the constitutionality of a state statute or session law, including cases seeking injunctions to restrain enforcement of such statutes. (W.S. 5-3-114(a))
• Requires the district court clerk to immediately notify the state court administrator when a case is filed or when a constitutional challenge is raised in an existing case. (W.S. 5-3-114(b))
• Specifies that the three-judge panel shall consist of one judge from the district where the case was filed and two judges randomly selected from other judicial districts, with the most senior judge serving as presiding judge, and a majority of two judges required for a decision. (W.S. 5-3-114(c), W.S. 5-3-114(d))
• Provides that no single district court judge may issue a preliminary or permanent injunction to restrain enforcement of a statute or session law, though a single judge may issue a temporary restraining order pending panel determination within 30 days. (W.S. 5-3-114(e))
• Permits panel proceedings to be held in the filing district or conducted via electronic and video means under judicial conference rules. (W.S. 5-3-114(f))
• Establishes that appeals from panel decisions proceed to the Wyoming Supreme Court under appellate procedure rules. (W.S. 5-3-114(g))
• Amends injunction statutes to subject temporary orders and injunctions to the new three-judge panel requirement when constitutional challenges to statutes are involved. (W.S. 1-28-102, W.S. 1-28-103)
• Requires actions under the declaratory judgment chapter that challenge the constitutionality of statutes or session laws to be resolved by a three-judge panel under the new procedures. (W.S. 1-37-102(b))
• Prohibits retired justices and judges from being assigned to cases where the constitutionality of a statute or session law is challenged, whether in initial filings or subsequent hearings.