§ 5-9-212 — Part-time magistrates; powers

Wyoming § 5-9-212

• Jurisdiction: Wyoming
• Title 05: Courts
• Ch. 9: CIRCUIT COURTS
• Art. 2: MAGISTRATES OF THE CIRCUIT COURT

Text

(a) At the direction of the circuit judges of a circuit or
the supreme court, a part-time magistrate of the circuit court
shall have the powers in respect to every suit or proceeding
pending in the circuit court of the county for which he was
appointed as follows:
(i) Administer an oath or affirmation authorized or
required by law to be administered;
(ii) Take acknowledgment of deeds, mortgages and
other instruments in writing;
(iii) Perform marriage ceremonies;
(iv) Issue subpoenas for witnesses, and coerce their
attendance in causes or matters pending before them, or other
cause or matter wherein they may be required to take
depositions;
(v) Try the action for forcible entry and detainer,
as set forth in W.S. 1-21-1001 through 1-21-1016;
(vi) Proceed against sureties for costs and amount of
bail, on the stay of execution on their dockets;
(vii) Enter the following judgments, when the amount
does not exceed the magistrate's jurisdiction:
(A) Judgment by default;
(B) Summary judgment;
(C) Judgment on the pleadings;
(D) Judgment on the confession of a party;
(E) Set aside default judgments; and
(F) Issue any order a circuit judge can enter in
chambers.
(viii) Try an action for disposition of an abandoned
vehicle as provided by W.S. 31-13-112(e), regardless of the
value of the abandoned vehicle;
(ix) Issue warrants, including search warrants and
arrest warrants, or summonses in criminal cases in accordance
with the rules promulgated by the Wyoming supreme court. A
warrant or summons issued by the magistrate charging any crime
may be executed or served at any place within the state;
(x) Set bail in criminal proceedings, including bail
for witnesses, in accordance with the provisions of W.S.
5-9-132(a) and the rules promulgated by the Wyoming supreme
court;
(xi) In accordance with the Wyoming Rules of Criminal
Procedure, conduct extradition proceedings, initial appearances
and preliminary examinations for persons charged with felonies;
(xii) Preserve and enforce order in his immediate
presence and in the proceedings before him;
(xiii) Hear and issue orders in peace bond, stalking
and domestic violence cases under Wyoming Statutes title 7,
chapter 20 and title 35, chapter 21;
(xiv) Conduct small claims trials;
(xv) In misdemeanor cases, to conduct arraignments,
accept plea agreements, order the examination of a defendant who
enters a plea of not guilty by reason of mental illness or
deficiency or not triable by reason of mental illness or
deficiency, order presentence investigations, order substance
abuse evaluations, order and conduct pretrial conferences, enter
orders for sentencing, impose sentence, impose terms of
probation, issue orders to show cause, conduct show cause
hearings, and enter such other orders as a circuit judge may
enter in chambers when the circuit judge is unavailable, when
the judge has recused himself from a case or when the judge has
been peremptorily disqualified from hearing a case.
(b) Notwithstanding subsection (a) of this section and
upon request and consent of all parties to a proceeding or case
in circuit court and subject to the approval of the circuit
judge presiding in the proceeding or case, a part-time
magistrate who is authorized to practice law in Wyoming may hear
and determine any and all matters relating to the proceeding or
case that are within the jurisdiction of the circuit court,
except the magistrate shall not preside in or hear or decide any
district court proceeding or case in circuit court pursuant to
assignment under W.S. 5-3-112.