1. What is the Commission on Judicial Conduct and Ethics?

The constitutionally created Commission on Judicial Conduct and Ethics handles complaints about the ethical conduct of judges in Wyoming. 

The Commission consists of twelve members:

Six citizen members who are not attorneys, judges or retired judges, appointed by the Governor and confirmed by the Senate;

Three attorneys who are licensed to practice law in Wyoming, appointed by the Wyoming State Bar; and

Two district judges and one circuit judge, elected by their respective organizations.

2. What types of complaints can the Commission address?

The Commission has authority to handle a wide range of complaints against judges, who are defined as justices of the Wyoming Supreme Court, Wyoming district judges, Wyoming circuit court judges, Wyoming municipal court judges, as well as court commissioners, court magistrates, or retired judges who have been given a general or special appointment order by the Wyoming Supreme Court to hear cases.

Complaints within the Commission's authority include, but are not limited to, misconduct inside or outside the courtroom, conduct that is prejudicial to the administration of justice, or mental or physical disability that seriously interferes with judicial duties.

3. Who can file a complaint?

A complaint may be filed by anyone who believes a Wyoming judge has violated any Canon or Rule of the Wyoming Code of Judicial Conduct.

4. How is a complaint filed?

There are several option for filing a complaint: 

● You can now file a complaint online. (New - Online Complaint Form). 

● You can use the Commission’s downloadable fillable complaint form. (Fillable Complaint Form).

● You can print the downloadable form, or you can contact the Commission to obtain a copy of the complaint form.  

● You may also prepare your own complaint document, but it must have the Commission’s Verification of Complaint page.  Mail any hard paper copies of your complaint to the Commission on Judicial Conduct and Ethics, P.O. Box 2645, Cheyenne, WY 82003.

All complaints must include the name of the judge in question, as well as the facts surrounding the conduct in question.  Complaints must also include your name, address, email, and telephone number where you can be reached

The Commission also has authority to initiate its own inquiry into possible judicial misconduct when it becomes aware of possible misconduct from a reliable source.

5. How is a complaint investigated?

After a complaint has been reviewed and considered by each member of an investigatory panel, the panel votes on whether to commence a formal investigation or dismiss the complaint. 

The investigatory panel may (1) contact the judge complained of and request a response; and if after the judge's response the panel believes further investigation is necessary, (2) instigate a preliminary investigation; and if after the completion of the preliminary investigation the panel believes further action is necessary, (3) refer the complaint to an adjudicatory panel for further proceedings including, if necessary, a formal hearing.

6. What actions can the Commission take?

The commission may: 

● Recommend disciplinary action to the Wyoming Supreme Court.

● Sanction a judge privately.

● Dismiss the complaint if no violation is found.

7. What actions can NOT be taken by the Commission?

The Commission cannot:

● Remove or replace a judge assigned to a legal proceeding.

● Review a legal decision made by a judge (i.e., child custody or support decisions; sentencing; etc.). A legal decision made by a judge may be reviewed only by state appellate courts (the Wyoming Supreme Court, or in some instances, a district court may review a decision of a circuit court).

● Address attorney misconduct or misconduct by any governmental agency except judges.

8. What disciplinary actions can the Commission take?

● Issuance of letters of correction

● Private censure, reprimand or admonishment

● Monetary sanctions

● Temporary discipline or interim suspension

● Make recommendations to the Wyoming Supreme Court in accordance with Wyoming Constitution Article 5, Sec. 6, for: 

▸ Suspension

▸ Public censure, reprimand or admonishment

▸ Retirement

▸ Removal from office

9. What is judicial misconduct?

Judicial misconduct can include, but is not limited to:

● Improper courtroom decorum. Improper consideration and treatment of counsel, witnesses, and others; improper bench conduct such as drunkenness.

● Failure or refusal to dispose of judicial business promptly.

● Improper use of judicial authority.

● Abuse of the power of the judicial office.

● Improper influence, allowing family, social or political relationships to influence any judicial decision or matter relating to the administration of justice; conflict of interest; giving or receiving gifts, bribes, loans, or favors.

● Impropriety off the bench, misappropriation or misuse of public employees, property or funds; improper comments, accusations or associations; interference with or influence on a pending or impending lawsuit; lewd or corrupt personal life; use of judicial position to extort or embezzle private funds.

● Habitual intemperance, excessive use of alcohol or drugs.

● Conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

● Criminal behavior.

● Failure to oversee administrative staff: failure to require staff, court officials and others subject to the judge's direction to exercise proper decorum, behavior, and attitudes; failure to refrain from manifesting bias or prejudice in the performance of official duties.

10. What can a complainant expect?

All verified complaints are assigned to an investigatory panel. This panel is composed of three or more Commission members, including, at a minimum, one citizen member, one attorney member, and one judge member. All remaining Commission members may serve as the adjudicatory panel for that complaint should further action be necessary. Panel memberships rotate. 

Judges are notified of complaints filed with the Commission only when it is necessary to conduct an investigation. A copy of the complaint is sent to the judge when an inquiry is made by the investigatory panel. 

Individuals who file a complaint with the Commission will receive written correspondence indicating what action the Commission has taken on their complaint.

11. Confidentiality.

All matters before the Commission on Judicial Conduct and Ethics are confidential. 

Any violation of the confidentiality provision constitutes an act of contempt and is punishable as such. 

A recommendation filed by the Commission with the Wyoming Supreme Court loses its confidential character upon its filing, subject to the procedures, rules or orders of the Court. However, the record which is the basis of the recommendation remains confidential unless otherwise ordered by the Court.

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