Wyo. R. Comm'n Jud. Conduct & Ethics 2

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, chancery court judges, 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, an adjudicatory panel, or a

disciplinary 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.