Wyoming Advisory Opinions September 28, 1978: AGO 1978-035 (September 28, 1978)

AGO 1978-035.

Prior to 11/16/78: Judicial Nominating Commission submits list of nominees to Governor.

In 30 days after list submitted: Governor makes appointment.

In 45 days after list submitted (45th day will be 1/1/79 if list submitted 11/16/78): Chief Justice makes appointment if Governor failed to do so.

DISCUSSION

The enactment of Chapter 45, Session Laws of Wyoming 1978 had for its principal purpose the changing of the procedure for designation of County Court Judges from the general election method to the Judicial Nominating Commission method.

In so doing, the time and details of transition from Justices of the Peace to County Judges was left somewhat in limbo.

Before the 1978 changes, W.S. 5-5-175(a) made provision for the initial election of county judges at the primary and general elections of 1978, with the system becoming operative on January 1, 1979. As changed, W.S. 5-5-175 provides only that "In those counties in which the county court system is established, the county court system shall become operative on January 1, 1979." The direction as to time for selection of the county court judges is not included. However, such language is explicit as to the date on which the system must become operative for Laramie and Natrona Counties, i.e. January 1, 1979 (it is noted that January 1, 1979 is the first Monday in January in 1979).

A potential problem could exist if judges were selected for positions which are not yet "established." However, this is not a problem in this instance since W.S. 5-5-102 provides:

The board of county commissioners of any county with a population of more than thirty thousand (30,000) inhabitants according to the latest official decennial census of the United States shall establish a county court. County courts hereafter established pursuant hereto shall be established on January 1 next succeeding the year of which such census demonstrates a population of more than thirty thousand (30,000) in the county.

Care should be taken to note that this section concerns two separate situations: one, those counties already having a population of more than 30,000 at the time of enactment (first sentence); and two, those counties in which the population later reaches more than 30,000 (second sentence). As to the latter, the county courts are "hereafter established on January 1 next succeeding the year of which" the population reaches that figure. As to the former (and it applies to the two counties here being considered), the direction to the county commissioners is to "establish" the county courts without any set date therefor. The intention in such cases is generally interpreted to be that such be done within a reasonable time. The legislative intention in this instance is that such be done in sufficient time for the designated selection procedure to be accomplished.

The foregoing is determinative as to how and when the courts are to be established in Laramie and Natrona Counties (by county commissioners in sufficient time to complete the judge selection process before the system becomes operative), and as to when they become operative as to these two counties (January 1, 1979). But the same legislative intention can be ascertained from other parts of the act.

W.S. 5-5-110, before and after amendment, sets the first Monday in January as the end of the term for county judges. W.S. 5-5-110, before amendment, set the same date as the beginning of the term of county judges. Even before amendment, W.S. 5-5-175(a) set the time at which the county court system "shall become operative" as January 1, 1979. Continual references are made throughout the act, as amended, to Article 5, Section 4 of the Wyoming Constitution, which in turn refers to the first Monday in January as the end of the term for judges.

W.S. 5-5-105 provides that the county courts shall "supplant and replace" the justice of the peace courts.

W.S. 5-5-111 provides that "Judges of the county court shall be non partisan, shall be nominated and appointed and retained as provided in Article 5, Section 4, Wyoming Constitution."

Article 5, Section 4 of the Wyoming Constitution sets forth the procedure whereby the Judicial Nominating Commission submits a list of three nominees to the Governor, who makes the appointment therefrom. If the Governor fails to do so within thirty days after submission of the list, the Chief Justice shall make the appointment within fifteen days.

The County Court System cannot operate without judges to perform the duties and exercise the jurisdiction of such courts.

Accordingly, the entire tenor of the act as amended and its legislative history supports the conclusion previously set forth as to the legislative intent to be derived from W.S. 5-5-102 and 5-5-175.

The foregoing is in recognition that the entire objective is a determination of legislative intent. State ex rel. Murane v. Jack, 70 P.2d 888, 52 Wyo. 173, reh. den. 71 P.2d 917, 52 Wyo. 173; Wyominv State Treasurer v. City of Casper,551 P.2d 344. The legislative history of the acts and the objectives thereof may be considered. Burnham Hotel v. City of Cheyenne, 222 P. 2, 30 Wyo. 458; Town of Clearmont v. State Highway Comm., 357 P.2d 470.

Rules of statutory construction require that a rational and sensible construction be placed on statutes where there is any vagueness or ambiguity in the act. Sutherland says:

...unreasonableness of the result produced by one among alternative possible interpretations of a statute is reason for rejecting that interpretation in favor of another that produces areasonable result....

2A Sutherland, 4th Ed., Sec. 45.12.

Another principle is well stated by our own court in Woolley v. State Highway Commission, 387 P.2d 667, when at p. 673 it quotes from an earlier case, Stringer v. Board of Commissioners of Big Horn County, 347 P.2d 197, 200, and says:

It is a fundmental principle of statutory construction that to ascertain the meaning of a given law all statutes relating to the same subject or having the same general purpose shall be read in connection with it as constituting one law. They must be construed in harmony, else the law of the state would consist of disjointed, unharmonious parts with a conflictingand confusing result....

In this instance, the intent manifested by the legislature was to have the county commissioners establish the county courts within a reasonable time after the enactment, and in any event, within a time sufficient to allow the Judicial Nominating Commission procedures to function in selection and appointment of the county judges in Laramie and Natrona Counties in a time frame whereby such judges may take office on January 1, 1979.

Certainly, to wait until after that date for the selection of the judges would result in a two or three month period during which the large volumes of judicial matters in those counties would be without attention and during which a backlog would develop to impede the activities of the new judges - when they finally took office -- for several months. Suchwould not be a logical legislative intent.

If they have not already done so, I will request the Board of County Commissioners in each of the two counties to expedite the passage of a resolution establishing the County Courts in those counties and fixing the salaries of the county judges pursuant to W.S. 5-5-119, and petitioning the district judges to set the number of judges pursuant to W.S. 5-5-104, and to immediately cause the results of the same to be made known to the Chief Justice of the Supreme Court so that the Judicial Nominating Commission can begin its selection process.

Working backwards then, from January 1, 1979, with the time allotted during the selection process, the following timetable results:

As soon as practicable: County Commissioners set salary and petition district judges to determine number of judges, and forward results thereof to Chief Justice of Supreme court.

Prior to 11/16/78: Judicial Nominating Commission submits list of nominees to Governor.

In 30 days after list submitted: Governor makes appointment.

In 45 days after list submitted (45th day will be 1/1/79 if list submitted 11/16/78): Chief Justice makes appointment if Governor failed to do so.