A Wyoming state senator representing Laramie and Platte counties hand-delivered his resignation letter early Monday morning, then was sworn in as the interim federal prosecutor for the state hours later.
Darin Smith’s family announced his swearing-in as interim U.S. Attorney for Wyoming via social media Monday afternoon.
President Donald Trump on July 30 nominated Smith, a Republican, as his pick to fill the position permanently. To win that title, Smith will have to clear a U.S. Senate confirmation process.
In the meantime, his state Senate seat is vacant.
Smith hand-delivered his resignation letter to Gov. Mark Gordon’s office early Monday, Gordon’s spokesman Michael Pearlman confirmed to Cowboy State Daily.
“And the governor notified the state party that he had submitted his resignation,” Pearlman added.
In vacancies in which the incumbent state legislator resigns, the governor plays a role in the verification and replacement process – of notifying the political party to which the legislator belongs.
When the legislator’s office falls vacant by other, non-resignation means such as an address change or death, the governor is not involved in that process, under state law.
After the state party chair – in this case Republican Party Chair Bryan Miller, receives that notification, he organizes a meeting of the party precinct committee members from the regions under that legislative seat.
Smith represents portions of Laramie County, and all of Platte County. Shaped like a capital “L” with its heel eroded, Smith’s district avoids much of urban Cheyenne, stretches into the most southeastern corner of Wyoming and northward into Platte County, avoiding Goshen County along the eastern border.
The GOP precinct committee members serving in those areas must meet within 15 days to choose three potential replacements for Smith, according to state law.
Those three names will go to both the Laramie County and Platte County Commissions.
Within five days of that, the commissioners must vote on the final, lone appointee for the Senate seat. Their votes will be weighted according to the proportion of people the district encompasses from each county, respectively.
Wyoming GOP Chair Bryan Miller said several people have called him to recommend replacements for the seat, but “they have to apply.”
“I’m sure there’s a big, long list (of hopefuls) out there,” said Miller in a Monday phone interview. “I don’t think there will be a shortage between either county.”
Meanwhile, Miller is organizing the meeting of about 100 precinct committee people in that district, he said, adding that Gordon contacted him at around 4 p.m. Monday – which “starts the clock” on the 15-day deadline.
The Federal Prosecutor
In a July 30 interview with Cowboy State Daily, Smith vowed to be tough on crime generally, and to defend crime victims on the Wind River Indian Reservation. He reiterated that position Monday.
"We're going to make Wyoming the gold standard for how we deal with Chinese (infiltrative overtures), illegal immigration; and we’re going scorched earth on violent crime," he said, adding that he hopes to be as transparent as he can without compromising cases and investigations.
As the top federal prosecutor for the state, the U.S. Attorney for Wyoming oversees prosecution of federal crimes, crimes in national parks, and nearly all felony-level crimes on the reservation.
Before Smith’s interim appointment, Stephanie Sprecher served as acting U.S. Attorney for Wyoming. Before that, Eric Heimann led the office in the wake of his predecessor Nicholas Vassallo’s retirement.
Wyoming’s state-law prosecutors are elected, as county attorneys in nearly all counties, and as district attorneys in Natrona and Laramie counties.
Federal prosecutors, like Smith, are presidentially appointed – which forms a key distinction between prosecution for crimes originating on and off the reservation.
Clair McFarland can be reached at clair@cowboystatedaily.com.
