Wyoming Statutes

Wyo. Stat. § 5-3-307 (2026)

Powers generally.

✓ current as of May 2026
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(a) Each district court commissioner shall have the powers
in respect to every suit or proceeding pending in the district
court of the county for which he was appointed, as follows:

          (i) If no judge qualified to hear or act in the
proceeding or action is present in the county for which such
commissioner was appointed, to make any order which a judge of
the district court is authorized by law to make in chambers and
to hear and determine cases of mental illness or mental
incompetency, and to hold juvenile detention or shelter care
hearings;

          (ii) To make any order which a judge of the district
court is authorized by law to make in chambers, upon the written
statement of such judge, filed with the papers, that he is
disqualified in such case;

          (iii)    To administer oaths;

          (iv) To hear, try and determine all issues whenever
an application shall have been made for a change of judge;

          (v) To take evidence and make findings, and report
the same to the district court;

          (vi)    To take depositions;

          (vii) To punish persons for contempts committed
during hearings had before him;

          (viii) To issue and enforce process for the
attendance of witnesses and production of evidence in all lawful
hearings before him, in the same manner and with like force as
the court might do if in session.
Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1989–2021 · leading case: Foster v. Foster, 768 P.2d 1038 (Wyo. 1989).
Foster v. Foster, 768 P.2d 1038 (Wyo. 1989). · cites it 10× “5, § 14 and Wyo. Stat. § 5-3-307 (1977), an assignment to a court commissioner to take evidence and make findings in a child support modification proceeding is not improper, but the district court must be apprised of the evidence received and relied upon by the court…”
May v. May, 945 P.2d 1189 (Wyo. 1997). · cites it 5× “Father then argues that W.S. 5-3-307 should be read to limit a court commissioner’s authority to act to those occasions when the district court judges are on vacation or when a conflict of interest exists.”
Sandstrom v. Sandstrom, 880 P.2d 103 (Wyo. 1994). · cites it 2× “The constitutional provision states that the commissioners “shall have authority to perform such chamber business in the absence of the district judge from the county.”
Gaines v. Doby, 773 P.2d 442 (Wyo. 1989). · cites it 3× “§§ 5-3-301 to -312 (1977) and particularly §§ 5-3-307 and 5-3-310. 3 . A complete transcript of the hearing was prepared and submitted as part of the record on appeal.”
Bac v. Blm, 2001 WY 83 (Wyo. 2001). · cites it 2× “§ 5-3-307 (a)(v) is clear and unambiguous in authorizing a commissioner to "take evidence and make findings, and report the same to the district court," the statutory subsection does not confer upon the commissioner the authority to exclude evidence or to make legal rulings…”
K.C. v. State, 771 P.2d 774 (Wyo. 1989). “In proceedings under this act [§§ 25-10-101 through 25-10-305], regularly appointed court commissioners may exercise the authority granted by W.S. 5-3-307. In any case in which the court refers an application to the commissioner, the commissioner shall conduct the involuntary…”
Timothy S. O'Roake v. State of Wyoming, ex rel. Dep't of Fam. Servs., Child Support Enf't Div. & Regina G. Ridgway, 2021 WY 98 (Wyo. 2021). · cites it 2× “Wyo. Stat. Ann. § 5-3-307 (a)(v) requires a commissioner to “take evidence and make findings, and report the same to the district court.”
KC v. State, 771 P.2d 774 (Wyo. 1989). “In proceedings under this act [§§ 25-10-101 through XX-XX-XXX], regularly appointed court commissioners may exercise the authority granted by W.S. 5-3-307. In any case in which the court refers an application to the commissioner, the commissioner shall conduct the involuntary…”
— Wyo. Stat. § 5-3-307(a) — 1 case
May v. May, 945 P.2d 1189 (Wyo. 1997). “Father then argues that W.S. 5-3-307 should be read to limit a court commissioner’s authority to act to those occasions when the district court judges are on vacation or when a conflict of interest exists.”
— Wyo. Stat. § 5-3-307(a)(i) — 1 case
May v. May, 945 P.2d 1189 (Wyo. 1997). “Father then argues that W.S. 5-3-307 should be read to limit a court commissioner’s authority to act to those occasions when the district court judges are on vacation or when a conflict of interest exists.”
— Wyo. Stat. § 5-3-307(a)(v) — 3 cases
Foster v. Foster, 768 P.2d 1038 (Wyo. 1989). “5, § 14 and Wyo. Stat. § 5-3-307 (1977), an assignment to a court commissioner to take evidence and make findings in a child support modification proceeding is not improper, but the district court must be apprised of the evidence received and relied upon by the court…”
Sandstrom v. Sandstrom, 880 P.2d 103 (Wyo. 1994). “The constitutional provision states that the commissioners “shall have authority to perform such chamber business in the absence of the district judge from the county.”
Gaines v. Doby, 773 P.2d 442 (Wyo. 1989). “§§ 5-3-301 to -312 (1977) and particularly §§ 5-3-307 and 5-3-310. 3 . A complete transcript of the hearing was prepared and submitted as part of the record on appeal.”
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