Wyoming Statutes

Wyo. Stat. § 28-8-114 (2026)

Legal actions authorized; employment of counsel.

✓ current as of May 2026
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(a) The legislature finds that proper interpretation and
administration of the constitution and legislative enactments of
the state of Wyoming are matters of great public interest and
importance, and the legislature has a sufficient interest in the
proper interpretation and administration of the constitution and
its own enactments to provide standing for the legislature to
prosecute an action for declaratory judgment to protect its
interests and the interests of the public.

     (b) The legislature by a majority vote of the members of
both houses when in session, or the management council by the
affirmative vote of two-thirds (2/3) of the members of the
council during the interim, is authorized to commence and
prosecute an action for declaratory judgment in the courts of
this state, or of the United States, when such action is deemed
necessary or advisable to protect the rights, powers and
interests of the legislature or assure proper interpretation or
administration of the constitution, statutes or administrative
rules of Wyoming.

     (c) The legislature may by resolution direct the
management council to prosecute an action. The management
council may commence an action upon its own motion.

     (d) The legislature or the management council may direct
the legal staff of the legislative service office to commence
and prosecute the action, or it may employ private counsel for
such purposes, as it deems advisable.
Notes of Decisions
Cited in 2 cases, 1998–1998 · leading case: Mgt. Council of Legislature v. Geringer, 953 P.2d 839 (Wyo. 1998).
Mgt. Council of Legislature v. Geringer, 953 P.2d 839 (Wyo. 1998). “§ 28-8-114 (1997) constitutes a special law regulating the practice in courts of justice, in contravention of Article 3, § 27 of the Constitution of the State of Wyoming? 2.”
Mgmt. Council of the Wyoming Legislature v. Geringer, 953 P.2d 839 (1998). “Whether Wyo. Stat. § 28-8-114 (1997) constitutes a special law regulating the practice in courts of justice, in contravention of Article 3, § 27 of the Constitution of the State of Wyoming? 2.”
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