2023 Blog

Wyoming Executive Leader Mark Gordon and Wyoming Chief Justice Kate Fox Take Flame Thrower to State Constitution

April 23, 2023

5/6/23 Update: The Education Committee has been added to the list below.

Last Tuesday (April 18), at the Governor’s Spring 2023 Mental Health Summit in Casper, a “Three Branch Partnership” was announced via Gordon’s Mental Health Initiative.  This initiative is strategically formulating a plan to turn Wyoming courts into mental health treatment hubs, and Wyoming judges into social workers that write policy.

Essentially, two Wyoming branch figureheads publicly announced an end to supporting, obeying and defending our Wyoming State Constitution, and, thus, an intentional, and premeditated violation of their oaths of office:

Constitution of the State of Wyoming (with emphasis added)

Article 2, Section 1. Powers of government divided into three departments.

The powers of the government of this state are divided into three distinct departments: The legislative, executive and judicial, and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any powers properly belonging to either of the others, except as in this constitution expressly directed or permitted.

Article 5, Section 16. Supreme court judges limited to judicial duties.

No duties shall be imposed by law upon the supreme court or any of the judges thereof, except such as are judicial, nor shall any of the judges thereof exercise any power of appointment except as herein provided.

Article 7, Section 20. Oath of office; form.
Senators and representatives and all judicial, state and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation: “I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States, and the constitution of the state of Wyoming; that I have not knowingly violated any law related to my election or appointment, or caused it to be done by others; and that I will discharge the duties of my office with fidelity.

Constitution of the State of Wyoming, Wyoming Secretary of State, Nov 16, 2022.

WY Supreme Court Chief Justice Fox bluntly explained:

“Historically, judges have really wanted to just decide cases based on the law with parties who are represented by attorneys, and it’s not our job to make policy,” Wyoming Chief Justice Kate Fox said. “That was a nice world for us for a long time, but it’s just no longer the reality.”

“The truth is a couple of things, one, courts have become the emergency room for all of society’s ills — mental health, substance abuse, homelessness, domestic violence. And even if we as judges would prefer not to be social workers, that is the reality and we are starting to address it.”

Fox said another big change she has seen is that judges can no longer be isolated from policy.”

State leaders encourage mental health initiatives, Shelby Kruse Via Wyoming News Exchange, The Sheridan Press, April 22, 2023
(Article also archived here.)

So living by and obeying our Wyoming Constitution was a nice world for us for a long time, but is no longer part of reality – so sayeth the WY Chief Justice.

WOW!!

It is absolutely relevant that:

  • Mental health and substance abuse are currently, and properly, under the purview of the Behavioral Health Division in the Wyoming Department of Health – an Executive Branch agency.
  • Domestic violence is currently, and properly, under the purview of the Wyoming Injury & Violence Prevention Program in the Public Health Division of the Wyoming Department of Health – an Executive Branch agency.
  • Homelessness is currently, and properly, under the purview of the Wyoming Department of Family Services – an Executive Branch agency.

Far less articulate than Justice Fox, and with faint echoes of Marx, Gordon attempted to explain:

“We need to recognize that there is a continuity to how we treat people and that does go through all branches,” Gordon said. “And somehow, as a state, coming back to those roots of we all need to care for one another. I know this sounds utopian, but that is the state I grew up in. We need to rediscover that.”

State leaders encourage mental health initiatives, Shelby Kruse Via Wyoming News Exchange, The Sheridan Press, April 22, 2023

One thing is certain for Wyomingites and conservative Wyoming legislators who stand by their Oath of Office – we have our hands full with this repugnant mess.  This fight to defend our WY State Constitution as the supreme law of the land (along with the United States Constitution) is going to be tough.

People often ask, “What can I do for my state and country?”  Well here is a perfect place to start.   It is strongly advised that all Wyomingites become deeply engaged in all interim meetings and meeting materials for the following committees:

Track and engage yourself with this issue just like a honey badger folks!  Grab it by the neck and don’t let go!  Engage members of the above committees as needed by attending meetings, making public statements, sending emails, or making phone calls.  Here are the legislative committees phone and emailing lists.  Note: Some of those deep-state legislators are going to be a brick wall no matter what concerns you express – but don’t give up.  Never give up.

Click here for WY Legislative Committee Meetings Schedule for the 2023 interim.  The Mental Health & Vulnerable Adult Task Force, Judiciary and Labor Committees are highlighted in yellow for ease of finding.

Please share this far and wide across Wyoming.  We intend to post more on this issue.

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Posted by Editor in 2023 Blog

Alert: WY Public Meeting Law does NOT Apply to WY Judicial Branch or WY Legislature

Jan 14, 2023

NEEDED – Legislators to draft a 2023 bill that AMENDS WY Public Meetings law to apply to the WY Judicial Branch and the WY State Legislature.  See yellow highlighted bold print below:

Current law as of 1/14/23:

ARTICLE 4 – PUBLIC MEETINGS

16-4-401.  Statement of purpose.

The agencies of Wyoming exist to conduct public business. Certain deliberations and actions shall be taken openly as provided in this act.

16-4-402.  Definitions.

(a)  As used in this act:

(i)  “Action” means the transaction of official business of an agency including a collective decision, a collective commitment or promise to make a positive or negative decision, or an actual vote upon a motion, proposal, resolution, regulation, rule, order or ordinance at a meeting;

(ii)  “Agency” means any authority, bureau, board, commission, committee, or subagency of the state, a county, a municipality or other political subdivision which is created by or pursuant to the Wyoming constitution, statute or ordinance, other than the state legislature, the judiciary, the consensus revenue estimating group as defined in W.S. 9-2-1002 and the investment funds committee created by W.S. 9-4-720;

(iii)  “Meeting” means an assembly of at least a quorum of the governing body of an agency which has been called by proper authority of the agency for the expressed purpose of discussion, deliberation, presentation of information or taking action regarding public business;

(iv)  “Assembly” means communicating in person, by means of telephone or electronic communication, or in any other manner such that all participating members are able to communicate with each other contemporaneously;

(v)  “This act” means W.S. 16-4-401 through 16-4-408.

————————–

NOTE:
Most WY Legislative committees do regularly follow §16-4-401, but it appears the legislature is not statutorily required to do so in other cases.
The committees, boards & councils of the WY Judicial Branch do not typically post meeting info and very seldom posts meeting minutes.  Any meeting minutes they do post are, at least, over a year old.  (For more info on lack of transparency of Judicial Branch committee meetings see the table at this page.)

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Posted by Editor in 2023 Blog, Judiciary