Wyoming Statutes

Wyo. Stat. § 9-1-804 (2026)

Duties and powers generally; employment of deputy

✓ current as of May 2026

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and assistant district attorneys and other necessary personnel.

     (a) In addition to other duties prescribed by law, each
district attorney has exclusive jurisdiction to:

          (i) Act as prosecutor for the state in all felony,
misdemeanor and juvenile court proceedings arising in the
counties in his district, and prosecute such cases in the
district courts and courts of limited jurisdiction or in other
counties upon a change of venue;

          (ii) Defend against all petitions for writs of habeas
corpus filed in his district by any person charged with or
convicted of any public offense in his district. This duty does
not extend to petitions filed by inmates of state penal
institutions;

          (iii) Render assistance as required by the attorney
general in the preparation and argument of criminal appeals
arising in his district and in the defense of petitions for
habeas corpus filed by inmates in state institutions arising
from alleged deprivation of rights at the time of or prior to
conviction;

          (iv) Appear before any judge in the preliminary
examination of persons charged with any offense in his district;

            (v)   Appear at all inquests held by any coroner in his
district;

          (vi) Appear at all sessions of any grand jury
convened in any county within his district.

     (b) Each district attorney shall employ and assign to each
county in the judicial district at least one (1) of the
following to serve at his pleasure: a deputy district attorney,
an assistant district attorney or a part-time assistant district
attorney. The deputy, assistant or part-time assistant district
attorney assigned to a county shall reside in the county and be
a resident of Wyoming and his primary responsibility shall be to
matters arising in the county.

     (c) Subject to the rules of the Wyoming personnel division
as to compensation, and as is authorized by the approved budget,
each district attorney may employ administrative and clerical
personnel necessary for the proper and efficient operation of
his office. Such personnel shall serve at the pleasure of the
district attorney.

Notes of Decisions

Cited in 6 cases (3 in the last 5 years), 1993–2026 · leading case: Brandon Lee Wells v. The State of Wyoming, 2026 WY 37 (Wyo. 2026).

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Brandon Lee Wells v. The State of Wyoming, 2026 WY 37 (Wyo. 2026). · cites it 6× “*** Wyo. Stat. Ann. § 9-1-804 (a)(i); see also § 9-1-804(a)(ii) – (vi) (describing other specified duties not relevant in this appeal).”

Casiano v. State ex rel. Wyo. Dep't of Transp., 434 P.3d 116 (Wyo. 2019). · cites it 2× “in any action or proceeding, whether civil or criminal"); Wyo. Stat. Ann. § 9-1-804 (a) (LexisNexis 2017) (district attorneys "[a]ct as prosecutor for the state").”

Hall v. State, 851 P.2d 1262 (Wyo. 1993). · cites it 4× “§ 7-5-206 (1987)) or in the statutes setting out the powers and duties of prosecuting attorneys and district attorneys ( see Wyo.Stat. § 9-1-804 (1991) and § 18-3-302 (Supp.”

State v. Newman, 2004 WY 41 (Wyo. 2004). · cites it 2× “We issued an order to show cause why the writ should not be dismissed, questioning whether under Wyo. Stat. Ann. § 9-1-804 (LexisNexis 2003) the district attorney, as opposed to the attorney general, had the authority to pursue a criminal case in this Court.”

Bd. of Prof'l Responsibility, Wyoming State Bar v. Leigh Anne G. Manlove, Wsb 6-3441, 2023 WY 27 (Wyo. 2023). · cites it 6× “She further was an officer of the court and was statutorily obligated to “[a]ct as prosecutor for the state in all felony .”

— Wyo. Stat. § 9-1-804(a) — 1 case

Brandon Lee Wells v. The State of Wyoming, 2026 WY 37 (Wyo. 2026). “*** Wyo. Stat. Ann. § 9-1-804 (a)(i); see also § 9-1-804(a)(ii) – (vi) (describing other specified duties not relevant in this appeal).”

— Wyo. Stat. § 9-1-804(a)(i) — 1 case

— Wyo. Stat. § 9-1-804(a)(ii) — 1 case

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