Wyo. R. Rel. Jud. 2

As amended through April 30, 2019
Rule 2 - Definitions

In these rules, unless the context or subject matter otherwise requires:

(a) "Civil misconduct" means a finding by any court, tribunal, agency, or commission of any local, state or federal authority, of misconduct, contempt, or refusal to comply with lawful orders or mandates.
(b) "Clear and convincing evidence" means that kind of proof which must persuade the members of the adjudicatory panel that the truth of a contention is highly probable.
(c) "Commission" means the Commission on Judicial Conduct and Ethics.
(d) "Commission chair" means the person who presides over the full Commission and includes a Commission vice chair when acting in the capacity as the Commission chair.
(e) "Conduct prejudicial to the administration of justice that brings the judicial office into disrepute" includes, without limitation, a violation of the Wyoming Code of Judicial Conduct.
(f) "Criminal misconduct" means a conviction arising from a violation of any local, state or federal criminal law, statute, regulation, rule, or ordinance.
(g) "Disability" means a mental or physical condition, or mental and physical conditions combined, that seriously interferes with a judge's performance of duties and is, or is likely to become, permanent.
(h) "Disciplinary counsel" means any attorney appointed by the Commission or a panel to gather and present evidence before the Commission or a panel and perform other duties assigned by the Commission or a panel pursuant to these rules.
(i) "Disciplinary panel" refers to the panel charged with determining discipline and consists of all members of the Commission with the exception of the investigatory panel on any proceeding.
(j) "Formal proceedings" refers to the initiation of the process by which allegations against a judge are submitted, heard, and determined by an adjudicatory panel.
(k) "Judge" means any person or judicial officer performing judicial functions or exercising judicial powers in the judicial branch of Wyoming government, including, but not limited to, Wyoming Supreme Court justices, district court judges and commissioners, circuit court judges and magistrates, municipal judges and alternate municipal judges, whether serving full time or part time, including retired judges, commissioners or magistrates who have been given a general or special appointment to hear cases by the Wyoming Supreme Court.
(l) "Judicial misconduct" means any action occurring during the judge's tenure that constitutes a violation of the Wyoming Code of Judicial Conduct, including, but not limited to:
(1) willful misconduct in office;
(2) willful or persistent failure to perform duties;
(3) habitual intemperance to include alcohol or substance abuse; or
(4) conduct prejudicial to the administration of justice that brings the judicial office into disrepute.
(m) "Judicial tenure" means service by a judge in any judicial capacity at any time.
(n) "Mail" and "mailed" include ordinary mail and personal delivery.
(o) "Oath" is synonymous with affirmation, and "swear" is synonymous with affirm.
(p) "Panel" refers to an investigatory panel or an adjudicatory panel.
(q) "Presiding officer" means the presiding member of an investigatory panel making administrative decisions, or the presiding member of an adjudicatory panel appointed to conduct a hearing or other proceeding.
(r) "Rules" means the Rules Governing the Commission on Judicial Conduct and Ethics.
(s) "Shall" is mandatory and "may" is permissive.
(t) "Verify" means to confirm or substantiate by oath or affirmation.
(u) "Wyoming Supreme Court" means the Wyoming Supreme Court or Special Wyoming Supreme Court as set forth in Wyo. Const. art. 5, § 6.

Wyo. R. Rel. Jud. 2

Adopted January 8, 2014, effective .April 1, 2014; amended January 24, 2017, effective May 1, 2017.