The failed proposal would require three judges for certain challenges to Wyoming laws and limit when one district judge could block a law’s enforcement.
Three judges would hear constitutional challenges when the attorney general or a district attorney requests a panel. Challenges seeking a court declaration of rights would also fall under these rules.
One district judge could temporarily block a challenged law while awaiting a three-judge panel. A hearing would be required within 30 days of that temporary order.
Retired Wyoming judges and justices could not be assigned to cases challenging whether a state law follows the constitution, including challenges raised later in the case.
District courts would use three-judge panels to decide covered challenges to whether Wyoming laws follow the constitution. The panels would hear covered challenges to Wyoming state laws. Appeals would go to the Wyoming Supreme Court. The attorney general or a district attorney could require a panel through a written request. Challenges seeking a court declaration of legal rights would also fall under the panel rules. One judge would come from the filing district. Two would be randomly selected from other districts. The longest-serving judge would lead the panel. Two judges would need to agree on a decision. The proposal specified July 1, 2026, as its start date. It would cover cases begun on or after that date and older cases where a constitutional challenge is raised on or after that date.
A single district judge could temporarily block enforcement of a challenged law while awaiting a panel hearing and decision. These limits would cover district court cases challenging whether Wyoming state laws follow the constitution. One district judge could not issue a preliminary or permanent injunction, meaning an order blocking enforcement during the case or permanently. A hearing on whether to block enforcement would be required within 30 days after the temporary order. Orders issued before the stated start date would keep their validity. The proposed start date was July 1, 2026. The rules would cover cases begun on or after that date and older cases where a constitutional challenge is raised on or after that date.
Courts could not assign retired judges or justices to cases challenging whether Wyoming state laws follow the constitution. The restriction would cover assignments under the retirement law for Wyoming Supreme Court justices, chancery court judges, and district court judges. The restriction would apply whether the challenge appeared in the first filing or a later filing or hearing. The restriction would apply to assignments made on or after the proposed July 1, 2026, start date.
No hearings or votes scheduled.