Attorneys weigh in on judges' retention and overall performance

The Wyoming State Bar recently released the results of this year’s Judicial Performance Assessment.                           

The Bar, in conjunction with the University of Wyoming Survey and Analysis Center, conducts this assessment not only to obtain attorneys’ feedback about judges’ performance, but also to learn whether or not attorneys think those judges standing for retention should remain in office. The results of the assessment are then shared with the public.

All active members of the Wyoming State Bar were invited to participate in the assessment. This year 25% of those members participated. To evaluate and comment on a judge’s performance, an attorney affirms to the pollsters that he/she has indeed appeared before that particular judge during the previous two years. In the case of Supreme Court Justices, evaluations are also allowed based on reading written opinions from those justices.

All 57 judges in the Wyoming Judicial Branch, excluding Municipal Court judges, are selected and retained through a merit-based process established in 1972. This system, approved by Wyoming voters, emphasizes selecting judges based on their qualifications rather than their political views. However, it ensures public accountability by allowing citizens to vote on retaining judges through regular elections.

Wyoming’s five Supreme Court justices must stand for retention every eight years. District Court judges in Wyoming stand for retention every six years, and Circuit Court judges face a retention vote every four years. This means that voters go to the polls during each General Election and decide whether or not those justices and judges standing for retention should remain in office.

Judges must also stand for retention in the next general election following their initial appointment.

Up for retention this year are Chief Justice Kate M. Fox and Justice John G. Fenn. Fox was appointed in 2014 and has served as chief justice since 2021. Fenn was appointed in 2022. Fox and Fenn were rated “above adequate for all questions in the poll including knowledge of the law, how well judicial opinions are reasoned, open-mindedness; how well they prepared for oral arguments; attentiveness; courteousness; how they addresses issues; promptness of judicial duties; participation in professional activities; and integrity and ethics.” Of 417 attorneys who took the poll, 292 said they favored retaining Fox with 79 having no opinion and 257 favored retaining Fenn and 125 having no opinion.

District Court judges up for retention include Fifth Judicial District Court Judge Bill Simpson. He was rated above adequate on all poll questions regarding case management, demeanor, diligence and application and knowledge of the law. Of 64 attorneys who took the poll, 45 said Judge Simpson should be retained and 10 had no opinion.

Both Fifth Judicial Circuit Court judges are up for retention — Judge Edward Luhm and Judge Joseph “Joey” Darrah. Luhm and Darrah were rated above adequate on all poll questions regarding case management, demeanor, diligence and application and knowledge of the law. Of the 26 attorneys who took the poll, 23 said that Luhm should be retained. One had no opinion. Of 25 attorneys who took the poll for Darrah, 19 said he should be retained. Two had no opinion.