The United States District Court for the District of Wyoming (in case citations, D. Wyo.) is the federal district court whose jurisdiction comprises the state of Wyoming and those portions of Yellowstone National Park situated in Montana and Idaho;[1] it is the only federal court district that includes portions of more than one state, creating a possible "Zone of Death" where it would be difficult to prosecute crimes.[a] The court has locations in Cheyenne and Casper.
United States District Court for the District of Wyoming | |
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(D. Wyo.) | |
Location | Cheyenne |
Appeals to | Tenth Circuit |
Established | July 10, 1890 |
Judges | 3 |
Chief Judge | Scott W. Skavdahl |
Officers of the court | |
U.S. Attorney | Nicholas Vassallo (acting) |
U.S. Marshal | Randall P. Huff |
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Appeals from this court are heard by the United States Court of Appeals for the Tenth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).
The United States Attorney's Office for the District of Wyoming represents the United States in civil and criminal litigation in the court. As of June 29, 2022 the acting United States attorney is Nicholas Vassallo.[3]
Current judges
editAs of March 12, 2024[update]:
# | Title | Judge | Duty station | Born | Term of service | Appointed by | ||
---|---|---|---|---|---|---|---|---|
Active | Chief | Senior | ||||||
8 | Chief Judge | Scott W. Skavdahl | Casper | 1966 | 2011–present | 2018–present | — | Obama |
5 | District Judge | Alan Bond Johnson | Cheyenne | 1939 | 1985–present | 1992–1999 | — | Reagan |
9 | District Judge | Kelly H. Rankin | Cheyenne | 1967 | 2024–present | — | — | Biden |
7 | Senior Judge | Nancy D. Freudenthal | Cheyenne | 1954 | 2010–2022 | 2011–2018 | 2022–present | Obama |
Former judges
edit# | Judge | State | Born–died | Active service | Chief Judge | Senior status | Appointed by | Reason for termination |
---|---|---|---|---|---|---|---|---|
1 | John Alden Riner | WY | 1850–1923 | 1890–1921 | — | 1921–1923 | B. Harrison | death |
2 | Thomas Blake Kennedy | WY | 1874–1957 | 1921–1955 | — | 1955–1957 | Harding | death |
3 | Ewing Thomas Kerr | WY | 1900–1992 | 1955–1975[Note 1] | — | 1975–1992 | Eisenhower | death |
4 | Clarence Addison Brimmer Jr. | WY | 1922–2014 | 1975–2006 | 1986–1992 | 2006–2014 | Ford | death |
6 | William F. Downes | WY | 1946–present | 1994–2011 | 1999–2011 | — | Clinton | retirement |
- ^ Recess appointment; formally nominated on January 12, 1956, confirmed by the United States Senate on March 1, 1956, and received commission on March 2, 1956
Chief judges
editChief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge.
A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years, or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire, on what has since 1958 been known as senior status, or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
Zone of death
editLaw professor Brian C. Kalt has argued that it may be impossible to impanel a jury in compliance with the Vicinage Clause of the Sixth Amendment to the United States Constitution for a crime committed solely in the Idaho portion of Yellowstone National Park (and that it would be difficult to do so for a crime committed solely in the Montana portion).[4] This has been referred to as the Zone of Death.[5][6]
Succession of seats
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United States attorneys for the District of Wyoming
editU.S. attorneys for Wyoming including the Wyoming Territory:[7]
See also
editReferences
edit- ^ 28 U.S.C. § 131.
- ^ https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountability Office. AMERICAN SAMOA: Issues Associated with Some Federal Court Options. September 18, 2008. Retrieved September 7, 2019.
- ^ "UNITED STATES ATTORNEY BOB MURRAY ANNOUNCES RETIREMENT" (Press release). U.S. Attorney’s Office of the District of Wyoming. June 29, 2022. Retrieved June 30, 2022.
- ^ Brian C. Kalt, The Perfect Crime, 93 Geo. L.J. 675 (2005).
- ^ Kerry, Wolfe. "Yellowstone's Zone of Death". Atlas Obscura.
- ^ Therriault, Ednor (December 2018). Myths and Legends of Yellowstone. Bowman & Littlefield. ISBN 978-1493032150. Retrieved October 20, 2018.
- ^ "About The District". www.justice.gov. 2015-07-14. Retrieved 2020-10-22.
- ^ "District of Wyoming | UNITED STATES ATTORNEY BOB MURRAY ANNOUNCES RETIREMENT | United States Department of Justice". www.justice.gov. 2022-06-29. Retrieved 2024-04-04.
Footnotes
edit- ^ Two other federal district courts do hold jurisdiction over territory outside of their state but within a US territory instead of another state: the District Court of Hawaii holds jurisdiction within the state of Hawaii and the United States Minor Outlying Islands in the Pacific Ocean. Additionally, the US territory of American Samoa has no federal district court or territorial court, and federal cases are heard by either American Samoa's local High Court, the District Court of Hawaii, or District Court for DC.[2]