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Territorial Supreme Court
Justices of the Wyoming Territorial Supreme Court
Justices of the Wyoming State Supreme Court
Additional Resources

Wyoming Supreme Court building, 1937. The building was remodeled in 2006. (WSA Sub Neg 17635)

The supreme court is the highest court in the state. It hears appeals from district courts and supervises other courts in the state.

The Supreme Court of Wyoming is located in Cheyenne in the Supreme Court Building and serves as the final arbiter of cases that arise under state law. Its decisions are final except for cases that involve a question of federal law.

Almost all of the cases in the supreme court are appeals from district courts. In deciding these appeals, the supreme court sets forth the definitive statements on Wyoming law which are binding upon all other courts and state agencies unless changed by legislative action.

Often the decisions of the supreme court follow the dictates of previous cases or existing statutes. Sometimes, there is no statute or previous decision of the supreme court on a particular issue, and then the court must interpret the statutes which most closely apply or extend previous decisions. When circumstances change or the existing case law appears no longer to serve the interests of justice, the supreme court may reject a decision in a previous case and apply a new rule of law. On rare occasions the supreme court will decide that a particular statute or ordnance does not meet the requirements of the U.S. Constitution or the Wyoming Constitution and declare it unconstitutional.

The supreme court exercises administrative supervision over other courts in the state and the bar. It establishes rules of practice and procedure for all courts.

There are five justices of the supreme court. The term of office is eight years. When a vacancy occurs the Judicial Nominating Commission submits a list of three nominees to the governor and the governor makes an appointment. After serving on the court for one year, the new justice stands for retention in office on a statewide ballot. If a majority votes for retention, the justice serves the remainder of the term and may run for succeeding terms.

A justice must be a lawyer with at least nine years of experience in the law and must be at least 30 years old. He or she must also be a United States citizen who has resided in Wyoming for at least three years. Justices must retire when they reach 70 years of age.

The five justices select the chief justice, who serves a two-year term and presides at meetings of the court.

Territorial Supreme Court

By the Organic Act, the Territorial Supreme Court was set up to consist of a chief justice and two associate justices, appointed by the President, with the consent of the United States Senate, for a term of four years. Any two of the justices constituted a quorum.

Duties and Powers

It was the duty of the Supreme Court, at its first session to prescribe the rules of practice for the Supreme Court and for the District Courts. Also, the Supreme Court designated forms of process and regulated the keeping of records and proceedings of the court.

Under the supervision of the chief justice or, in his absence, one of the associate justices, the clerk of the court, at the end of each term of court, made a synopsis of the different decisions reached; when the accumulated decisions of the court reached one hundred, it was the delegated duty of the court to appoint a reporter.

The Supreme Court was given the power to allow writs of error, bills of exception, and appeals. The Supreme Court justices had the power to grant writs of habeas corpus.

A quorum of the justices had the power to adjourn the court at any time deemed proper.

Salaries

According to the Organic Act, each of the Supreme Court Justices was to receive an annual salary of two thousand five hundred dollars. This they received for the years 1869 and 1870, but for 1871 the amount was increased to three thousand dollars and remained at that amount through 1876. For 1877 the justices' salaries were slashed to two thousand six hundred dollars, and this was in effect through 1879. Again, in 1880, the salary of each was fixed by congress at three thousand dollars, and for the remainder of the Territorial period the justices received this amount. These salaries were paid quarter­annually at the Treasury of the United States.

Terms of Court

The Supreme Court met annually at Cheyenne, the capital of the Territory. The first term of court was held at Cheyenne on the first Monday of May, 1870. From 1871 through 1873 the court met on the first Monday in July, but the Third Territorial Assembly, meeting in the fall of 1873, changed the date for convening the court to the first Monday in March, and it remained so until the Legislative Assembly of 1882 again made a change to the first Monday in January. Two years later the Eighth Legislature (1884) fixed the date as the third Monday in January, which continued to be the day of meeting throughout the remainder of the Territorial period.

Clerk of the Court

The clerk of the court was appointed by the justices and remained in office during the pleasure of the court. He received fees (fixed by law) for his services. He took the oath of office to support the Constitution of the United States and the Organic Act of the Territory of Wyoming. It was the duty of the clerk, under the direction of the chief justice or one of the associate justices, to make a synopsis or syllabus of the decisions made during each term of the court and to have these published in Cheyenne.

Court Reporter

When the number of decisions made by the Supreme Court reached one hundred, it was the duty of the justices to appoint a reporter to prepare and publish the reports. The first volume of the Wyoming Reports covered the decisions reached from the May term of court in 1870 through the March term of 1878. ^[1] Volume two of the Reports included cases reviewed from the March term of 1879 through the March term of 1882. ^[2] The remaining cases which were tried during the Territorial period were first published in the Pacific Reporter. These were scattered through some thirty volumes of the Reporter, and in 1892 they were finally compiled and published to make the third volume of the Reports. ^[3]

Court Seal

The seal of the Supreme Court was the same as that of the Territory of Wyoming, but the words "Supreme Court" were substituted in lieu of "Wyoming Territory" around the vignette of the seal.

State of the Judiciary Messages

Justices of the Wyoming Territorial Supreme Court

Justices of the Wyoming State Supreme Court

Additional Resources

• Wyoming Supreme Court website
• Wyoming Supreme Court Cases, Wyoming State Law Library website (accessed through the Internet Archives Wayback Machine January 2019)

1. E.A. Thomas complied Volume I of the Wyoming Reports. This volume as printed in 1878 and contained 84 cases. This volume as paid for entirely by the Territory of Wyoming.

2. John A. Riner compiled Volume II of the Wyoming Reports. This volume was printed in 1882 and contained 49 cases, including 4 cases omitted in Volume I. This volume was financed through a cooperation of the Territory and the United States Government. Congress appropriated one thousand dollars to which the Territory of Wyoming added four hundred dollars.

3. Volume III was edited by the editorial staff of the National Reporter System and contained 57 cases determined by the Territorial Supreme Court.