§ 18-3-902 — Governor to direct district attorney or attorney general to commence action; petition served with summons; pleading; trial; judgment; change of judge

Wyoming § 18-3-902

• Jurisdiction: Wyoming
• Title 18: Counties
• Ch. 3: COUNTY OFFICERS
• Art. 9: REMOVAL FROM OFFICE

Text

(a) Whenever it appears to the governor on the verified
complaint of qualified electors or the board of county
commissioners of the county that any county officer is guilty of
misconduct or malfeasance in office he may direct the attorney
general to commence and prosecute an action in the district
court of the county in which the officer is an official asking
for the removal of the officer. The action shall be commenced by
the filing of a verified petition in the name of the state of
Wyoming signed by the attorney general setting forth the facts
constituting the misconduct or malfeasance in office.
(b) Upon filing of the petition a summons and a copy of
the petition shall be served on the defendant as in civil cases.
The answer day shall be the same as provided for civil suits.
The petition and answer are the only pleadings allowed and the
allegations of the answer so far as they conflict with the
petition shall be considered denied without a reply.
(c) The action shall be tried in a summary manner by the
district court with or without a jury not less than five (5)
days nor more than thirty (30) days after answer day. At the
trial all questions touching the sufficiency or certainty of the
allegations of the petition or answer shall be heard and
determined and amendments which are not inconsistent with the
original pleadings shall be authorized to be made at once and
shall not delay the trial. If the court finds the defendant is
guilty of misconduct or malfeasance in office as charged in the
petition, a judgment shall be entered removing the defendant
from office and taxing against him the costs of the action.
(d) The judge of a district court in which an action for
the removal of an officer is pending, if unable to try the
action within the period provided by this section, shall call in
another district judge.
(e) No change of judge is allowed unless proper
application therefor is filed with the answer but if the judge
of that district is unable to try the action and has designated
another district judge to try the same, the application must be
filed within three (3) days after the filing of the order
designating the judge to whom the action is referred.
(f) As used in this section, "misconduct or malfeasance"
includes, but is not limited to, instances when:
(i) The officer absents himself from his office for
an aggregate of sixty (60) days in any three (3) month period
unless such absence is caused by illness or other disability;
(ii) The officer is absent from his office for more
than ninety (90) days because of illness or other disability and
the illness or disability will probably not terminate during the
unexpired portion of the officer's term of office.
(g) Whenever a vacancy occurs in any county office under
the provisions of this section, it shall be filled as provided
by law.
(h) This section is supplemental to all other statutes
concerning removal of county officers.