Wyoming State Constitutional Convention 1889

The Wyoming Constitution Convention began September 2, 1889 without the authorization from an enabling act. The articles were individually voted on, creating the final Constitution of Wyoming on September 30, 1889. It was later ratified on November 5, 1889.

The Convention

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Document introduced in:

Session 5751: 1889-09-16 10:30:00

The reports of the standing committees were presented. The Convention then resolved into the Committee of the Whole. The committee reported their progress on the article on Judicial Department. A proposition concerning salaries was presented.

Document View:

Concerning the Creation of a Supreme Court [File No. 50, Convention]

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Judicial department.

Sec. 1. The judicial department of the state as to matters of law and equity except in this constitution otherwise provided shall be vested in a supreme court, district courts, justices of the peace, and such other courts as may be created by law for cities and incorporated towns.

Supreme court.

Appellate jurisdiction.

Sec. 2. The supreme court except as otherwise provided in this constitution shall have appellate jurisdiction only, which shall be co-extensive with the state, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.

Power to issue writs, injunction, mandamus, etc.

Sec. 3. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction and other original and remedial writs, with authority to hear and determine the same.

Two terms annually.

Sec. 4. At least two terms of the supreme court shall be held each year at the seat of government.

Three judges, majority quorum.

Sec. 5. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum or pronounce a decision.

Judges shall be elected.

Sec. 6. The judges of the supreme court shall be elected by the electors of the state at large as hereinafter provided.

Term of office nine years.

Sec. 7. The term of office of the judges of the supreme court except as in this article otherwise provided shall be nine years.

Sec. 8. The judges of the supreme court shall immediately after the first election under this constitution be classified by lot so that one shall hold his office for the term of three years, one for the term of six years and one for the term of nine years. The lot shall be drawn by the judges, who shall for that purpose assemble at the seat of government, and they shall cause the result thereof to be certified to the secretary of the territory, and filed in his office. The judge having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and shall preside at all terms of the supreme court, and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead.

Clerk of supreme court, emoluments.

Sec. 9. There shall be a clerk of the supreme court, who shall be appointed by the judges thereof, and who shall hold his office during the pleasure of said judges, and whose duties and emoluments shall be as prescribed by law, and by the rules of the supreme court.

Qualifications of supreme judges.

Sec. 10. No person shall be eligible to the office of judge of the supreme court, unless he be learned in the law, have been in actual practice at least ten years, at least ---- years of age and a citizen of the United States, nor unless he shall have resided in this state or territory at least ---- years next preceding his election.

Decisions yet to be taken

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