Wyoming Court Records: Brief History of Wyoming Courts

Prior to the creation of Wyoming Territory, while this region was part of Dakota Territory and under the jurisdiction thereof, the interpretation of the  law and its enforcement were problematic. This circumstance was largely due to the distance between Yankton, then capital of Dakota, and the line of population in what is now Wyoming. The coming of the railroad caused an influx of transients, many of whom were lawless characters. Crime spread rapidly. The weak judicial set up unable to cope with the situation. Therefore, without legal authority, a temporary government was set up in Cheyenne with a "police" court to try all cases not exceeding two thousand dollars, and a "superior" court to handle cases involving sums greater than this amount. These courts represented the first attempt at the arduous task of maintaining order in this newly settled country and they succeeded to a surprising degree.

In December of 1867 the Dakota Legislative Assembly convened and mapped out this vast territory into two new counties, Laramie and Carter, to be under the jurisdiction of the second judicial district. A term of court was ordered to be held annually at Cheyenne. The following year Albany and Carbon Counties were defined and placed in the second judicial district with a term of court to be held at Laramie each year.

On July 25, 1868, President Johnson approved the Organic Act of the Territory of Wyoming. According to this Act the judicial power was vested in a supreme court, district courts, probate courts, and justices of the peace. Because of the bitter fight then taking place between the President and Congress the new Territory was not organized until the following April and May. (The last of the Supreme Court Justices was sworn in on May 19, 1869.)

For the time being, until the legislative body of Wyoming Territory should repeal them, the laws of Dakota Territory (except those pertaining to mining) were to remain in effect. Accordingly, the Dakota laws were repealed by the First Legislative Assembly of Wyoming Territory, December 10, 1869, and the new set of laws became effective on January 1, 1870.

In 1971, Wyoming State Legislature established the county court system. Following a resolution of the county commissioners, a County Court replaced the network of Justice of the Peace courts in counties with a population of more than 30,000 people and municipalities with a population of more than 15,000 people. Most County Courts came into being in the early 1980s.