Guest Column: Judicial Selection Process Is Secretive, Controlled By Liberal Legal Insiders

State Rep. Joe Webb writes, "Wyoming’s judges should be picked in a way that is open, honest, and reflects the values of the people — not just the opinions of a small group of lawyers."

CS
CSD Staff

May 05, 20253 min read

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The power to choose judges is one of the most important powers in government.

Judges help decide what the law means, what our rights really cover, and can make rulings that change lives and laws for many years.

But in Wyoming, the way we pick these powerful judges is far from open. It’s a process full of secrecy, controlled by insiders, and gives the public little to no say.

Here’s how it works: when a spot opens up on the Wyoming Supreme Court or a lower court, a group called the Judicial Nominating Commission — made up of seven people — reviews applicants in private and picks three finalists.

Those three names are then sent to the governor, who must pick one of them. But the public doesn’t get to see anything that happens before those final three are announced.

The rules for this commission keep almost everything private. The names of the people who apply are kept secret. The meetings where they are discussed are closed. Even the votes are kept hidden.

There is no chance for the public to give their opinion at any time before the governor makes the final choice.

On top of being secret, the process is mostly controlled by the state’s legal community.

Four of the seven members are from the legal world: three are lawyers chosen by the Wyoming State Bar, and one is a Supreme Court justice. Only three are regular citizens.

This gives lawyers and legal insiders much more influence in choosing judges that they themselves could be presenting cases before than everyday people in Wyoming. 

Over time, this imbalance has let a small group of liberal leaders keep control over how judges are picked.

One recent Supreme Court finalist — a past president of the Wyoming State Bar and former member of the commission — signed a public letter in 2022 attacking Congresswoman Harriet Hageman for sharing political views that didn’t match those of the legal establishment.

The letter even claimed she broke legal rules just because the letter’s authors disagreed with her politics.

A current member of the Judicial Nominating Commission also signed that same letter.

So, the idea that judge selection in Wyoming isn’t political doesn’t hold up. This is clearly politics — it just happens behind closed doors, controlled by a small group of like-minded people, without the public being involved.

Wyoming’s current system might have been set up with good goals in mind, but it’s no longer working for the people.

A process that hides who is applying, doesn’t ask for public opinion, and gives too much power to insiders who openly disagree with conservative leaders with different views, clearly needs to be changed.

Wyoming’s judges should be picked in a way that is open, honest, and reflects the values of the people — not just the opinions of a small group of lawyers.

It’s time to fix the system so that all citizens, not just legal insiders, get a say in who serves as judges.

Joe Webb represents House District 19 in Rock Springs

Member, Judiciary Committee & Corporations, Elections & Political Subdivisions Committee

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