The Wyoming Legislature’s interim Joint Judiciary Committee opted to set aflame a draft bill that would’ve made nominees to the state’s highest court undergo legislative scrutiny.
That’s after a passel of practicing and retired attorneys, including two former chief state Supreme Court justices, spoke against the idea of requiring Senate confirmation for justices in front of the committee dais in Casper.
Michael K. Davis is one such former justice. Appointed by former Gov. Matt Mead, Davis served as the court’s presiding judge from 2018 to 2022, starting as an associate justice in 2012.
“Injecting the power in the Senate to reject an appointee that has already undergone an extensive vetting by both the [judicial nominating] commission and the governor cannot improve what is already the best system possible,” Davis said to the committee.
The bill would’ve put the question of Senate confirmation to voters as a state constitutional amendment on the ballot in a future election.
When there’s a vacancy on the court, the Judicial Nominating Commission Davis mentioned forwards three names for potential justices to the governor, who picks one. The commission is made up of the chief justice, three attorneys selected by members of the state bar association and three nonlawyer members appointed by the governor.
The current system was devised by former U.S. Senator and former state Rep. Alan Simpson and others in the 1970s. It was ratified by the voters as an alteration to the state constitution in 1972. Prior to the ballot initiative, judges were elected by popular vote in Wyoming.
Lawmakers who supported the change in precedent said it was necessary to open up the process of selecting justices beyond the governor and the commission. They argued it would give state residents more of a say in such deliberations, and that the selection framework has already become political anyways.
“[Some of the] last Supreme Court justices were also previously political appointees of governors, that then were appointed to the Supreme Court,” said Sen. Larry Hicks (R-Baggs). “I’ve heard a lot of concern from the people of the state of Wyoming that there appears to be a lot of politics involved in who gets on the Supreme Court these days.”
“I concur with the concern about injecting partisanship and politics into this selection process, ensuring the most politically adept become judges, not the most qualified,” said Rep. Tom Kelly (R-Sheridan). “Nonetheless, as far as Senate confirmation goes, currently there are many, many appointees that require Senate confirmation in Wyoming … Do we have evidence that any of these have become hopelessly political?”
He referenced the Wyoming Business Council and the state Board of Parole as examples. Kelly posed that question to Emily Madden, a Casper attorney representing the Wyoming Trial Lawyers Association, who had come to testify against the legislation.
“We do have evidence that even something like Senate confirmation does impact not just the way that justice is delivered, but that the way that justice is perceived,” said Madden. “The one example that I gave today is my client [in a different state that elects judges] in mediation. I truly will never forget the look on her face when she realized that politics and partisanship would have any role in the resolution of her case, or even the fact that it was being used as a bargaining chip.”
Former justices like Davis made the point that due to the Legislature’s lengthy off-season, requiring Senate confirmation might leave gaping holes on the state Supreme Court bench that need to be filled quickly. The state’s high court serves as the last avenue for appeal by parties in a case.
“[The selection process is] done within 90 days and a new judge takes the bench,” he said. “Senate confirmation would make this kind of a timeline impossible in many if not most cases in the case of the Supreme Court.”
But Kelly questioned whether it made sense to stop the bill in its tracks when it’s still early in the legislative process, before it becomes law.
“We're not talking about electing justices today,” he said. “We're not even deciding today if nominees would need to be confirmed. It was mentioned multiple times to trust the people of Wyoming. This is for a constitutional amendment where both chambers would have to pass by two thirds majority with great input for the public and then have to pass a majority of individual voters and three-fourths of the counties. Is not moving this bill today a statement that we trust the people of Wyoming today?”
The Senate side of the committee voted 3 to 2 against that option, while the House side, including Kelly, voted 6 to 3 in favor of it. In order to be introduced at the legislative budget session next February, legislation in interim committees need majorities of both chambers to greenlight the idea.
It’s possible it could resurface as a bill sponsored by an individual lawmaker, although such bills need a two-thirds majority for introduction and thus have a higher bar to clear.
The committee also heard public comment on a draft bill that would change which books public libraries can include in kids’ sections and which books can be included in K-12 school libraries in general. They ultimately tabled it for consideration at their next meeting on Oct. 13.
The budget session will begin on Feb. 9, 2026.
This reporting was made possible by a grant from the Corporation For Public Broadcasting, supporting state government coverage in the state. Wyoming Public Media and Jackson Hole Community Radio are partnering to cover state issues both on air and online.
