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Wyoming Judicial Nominating Commission
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| Methods of judicial selection |
| Partisan elections |
| Nonpartisan elections |
| Michigan method |
| Retention elections |
| Assisted appointment |
| Bar-controlled commission |
| Governor-controlled commission |
| Hybrid commission |
| Legislative elections |
| Gubernatorial appointment |
The Wyoming Judicial Nominating Commission is a state commission in Wyoming established by the Wyoming Constitution that plays a role in the state's judicial selection process.[1] The Judicial Nominating Commission has six members selected by both the governor and the Wyoming State Bar, with the chief justice of the Wyoming Supreme Court serving as the commission's chair, who may only vote in the event of a tie.[1]
Wyoming primarily uses the assisted appointment method of judicial selection for its state courts. Using this method, the governor appoints a judge from a list of names submitted by the Judicial Nominating Commission. This selection method is used for the supreme court, district courts, and circuit courts.[1]
The Judicial Nominating Commission is a hybrid commission, which means that there is no majority of members chosen by either the governor or the state Bar association. As of September 23, 2025, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.
Members
Last updated: April 2025
The Judicial Nominating Commission has seven members. Three members are resident lawyers appointed by the Wyoming State Bar. Three members are non-lawyer residents appointed by the governor. The final member is the chief justice of the Wyoming Supreme Court, or another member of the state supreme court chosen by the chief justice, who serves as chair of the commission and may cast votes in the event of a tie.[2]
The Wyoming Constitution requires appointees to be geographically diverse, with no more than two members being from the same judicial district. The constitution also says no member of the commission, apart from the supreme court justice or his or her designee, may hold a federal, state, or county public office or any political party office.[2]
| Members of the Wyoming Judicial Nominating Commission, April 2025[1][3] | ||
|---|---|---|
| Name | Appointed by | Term-end date |
| Chairwoman Kate M. Fox[4] | Gov. Matt Mead (R) | N/A |
| Devon O'Connell | Wyoming State Bar | Feb. 28, 2026 |
| Lisa Anderson | Gov. Mark Gordon (R) | Feb. 28, 2027 |
| Mandy Good | Wyoming State Bar | Feb. 28, 2027 |
| Clint Langer | Wyoming State Bar | Feb. 28, 2028 |
| Richard F. Fagnant | Gov. Mark Gordon (R)] | Feb. 28, 2028 |
| Rocco O’Neill | Gov. Mark Gordon (R) | Feb. 28, 2029 |
Process
The commission, once notified of a vacancy or a future vacancy, seeks applicants to fill the empty position.[5] The Wyoming Judicial Branch lists vacancies through its Administrative Office of the Courts.[6] Interested applicants must submit the following to the Judicial Nominating Commission:[1]
- An expression of interest form
- A writing sample
- The names of three judges and three attorneys to provide an appraisal of the applicant's skill as a potential judge
- Two personal references
The commission reviews all submitted information and interviews potential candidates.[1] When making its nominations, the commission is not limited to applicants or other suggested individuals, though if the commission is considering the nomination of some other individual, they must first ascertain whether the individual would accept the position if chosen.[5]
The commission selects its three qualified nominees at a meeting by a majority vote with the chair voting only in the event of a tie. Nominations are complete once the names of nominees are submitted to the governor and signed by the commission chair. When submitting names to the governor, the commission lists its nominees in alphabetical order with no indication as to its preference.[5]
Duties
As of April 2025, the Judicial Nominating Commission's website did not list specific duties for members of the commission.
Control of judicial selection commissions
Assisted appointment is a method of judicial selection in which a nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[7]
At the state supreme court level, this method is further divided into the following three types, based on the makeup of the judicial nominating commissions. Those types are:
- Governor-controlled commission - The governor is either responsible for appointing a majority of the members of the nominating commission or may decline to appoint a candidate from a list provided by the nominating commission.
- Bar-controlled commission - Members of the state Bar Association are responsible for electing a majority of the members of the nominating commission.
- Hybrid - There is no majority of members chosen by either the governor or the state Bar Association. The membership of these commissions is determined by different rules in each state.
Twenty-three courts in 22 states used assisted appointment to select state supreme court justices as of June 2021.[8][9] Wyoming used a hybrid commission. The table below shows the number of courts using each variation of assisted appointment at the state supreme court level.
| Assisted appointment methods in state supreme courts | |||
|---|---|---|---|
| Method | Courts (of 23) | ||
| Governor-controlled majority | 10 | ||
| Bar-controlled majority | 1 | ||
| Hybrid | 12 | ||
The map below highlights the states that use each of the three types of assisted appointment.
About judicial selection
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[7] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Wyoming Judicial Branch, "Judicial Nominating Commission," accessed Nov. 19, 2021
- ↑ 2.0 2.1 Wyoming Judicial Branch, "Wyo. Const. Art. 5 § 5," accessed Nov. 19, 2021
- ↑ Wyoming Judicial Branch, "NEWS RELEASE," April 13, 2023
- ↑ The chief justice of the Wyoming Supreme Court serves as the chair of the commission. Fox was appointed to the state supreme court by Gov. Matt Mead (R) in 2013
- ↑ 5.0 5.1 5.2 Wyoming Judicial Branch, "Order Amending the Rules of the Judicial Nominating Commission, Feb. 5, 2019
- ↑ Wyoming Judicial Branch, "Careers," accessed Nov. 19, 2021
- ↑ 7.0 7.1 American Bar Association, "Judicial Selection: The Process of Choosing Judges," June 2008 Cite error: Invalid
<ref>tag; name "ambaroverview" defined multiple times with different content - ↑ As of June 2021, Oklahoma had two state supreme courts: one for civil matters and one for criminal matters.
- ↑ North Dakota uses this method only for vacancies.
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Wyoming • U.S. Bankruptcy Court: District of Wyoming
State courts:
Wyoming Supreme Court • Wyoming District Courts • Wyoming Circuit Courts • Wyoming Municipal Courts
State resources:
Courts in Wyoming • Wyoming judicial elections • Judicial selection in Wyoming
