Rule 20 Effective Date

Rule Text

Amendment history: Adopted December 7, 2023, effective February 5, 2024. APPENDIX OF FORMS APPENDIX A [EFFECTIVE UNTIL SEPTEMBER 14, 2026] In the Circuit Court of the ___________ Judicial District ___________County, Wyoming STATE OF WYOMING, ) COUNTY OF ______________ ) ss ) UNIFORM ORDER REGARDING FILING AND PROCESSING OF SEXUAL ASSAULT CASES WHEREAS, the Wyoming Supreme Court has had occasion to address the processes and procedures to be followed when felony sexual assault cases are initiated in the Circuit Courts of the State of Wyoming under Wyoming Statutes Title 6, Chapter 2, Article 3; and WHEREAS the Conference of the Circuit Courts of the State of Wyoming passed a Resolution encouraging all Circuit Courts to adopt a written policy addressing the processes and procedures to be used in the filing of felony sexual assault cases under Wyoming Statutes Title 6, Chapter 2, Article 3 so as to ensure compliance with Wyoming Statute § 6-2-319; and WHEREAS, the Circuit Courts are directed, by Rule 5.1 of the Rules Governing Redactions from Court Records, to establish a uniform written policy addressing the processes and procedures to be used in the filing of felony sexual assault cases under Wyoming Statutes Title 6, Chapter 2, Article 3; IT IS THEREFORE ORDERED AND DECREED as follows: 1. The Court’s “redacted” file and the proceedings on felony sexual assault cases shall remain open to the public. 2. Attorneys and officers filing documents in cases covered by this rule shall be responsible for providing redacted and un-redacted versions of those documents to the Court at the time of filing. The redacted filings shall reference the accused and the purported victim(s) by initials only. In addition, any other information that might identify the accused or the purported victim(s) shall also be redacted. The Clerk of Court shall examine the redacted documents to ensure compliance. 3. The name of the accused may be released to aid in the arrest of the accused. 4. If any party feels there is a need for proceedings to be closed to the public in a particular felony sexual assault case, a hearing on that motion shall be held in open court so as to allow the public to attend and to be heard on the issue of the proposed closed proceedings. No hearings shall be closed unless and until the Court makes a finding that a compelling interest exists that would justify closed proceedings. 5. If a member of the public asks a Circuit Court employee to provide access to a case file involving a particular defendant, the Circuit Court employee shall ask the requesting party to also identify the nature of the case sought. If the requesting party indicates that the case involves sexual assault and provides satisfactory identifying information, then the Circuit Court employee can provide the redacted file. This procedure is intended to prevent the Circuit Court employee from acknowledging the existence of felony sexual assault charges based solely on the name of the accused. 6. Cases involving felony sexual assault charges shall be marked “sealed” in the Court’s docket management system until such time as the case is bound over to the District Court. This procedure is intended to ensure that the name of the accused does not appear on publicly accessed terminals until such time as the case has been bound over to the District Court. Dated this _____day of _______________, ________. ______________________. Circuit Court Judge APPENDIX A [EFFECTIVE SEPTEMBER 14, 2026] In the Circuit Court of the ___________ Judicial District ___________County, Wyoming STATE OF WYOMING, ) COUNTY OF ______________ ) ss ) UNIFORM ORDER REGARDING FILING AND PROCESSING OF SEXUAL ASSAULT CASES WHEREAS, the Wyoming Supreme Court has had occasion to address the processes and procedures to be followed when felony sexual assault cases are initiated in the Circuit Courts of the State of Wyoming under Wyoming Statutes Title 6, Chapter 2, Article 3; and WHEREAS the Conference of the Circuit Courts of the State of Wyoming passed a Resolution encouraging all Circuit Courts to adopt a written policy addressing the processes and procedures to be used in the filing of felony sexual assault cases under Wyoming Statutes Title 6, Chapter 2, Article 3 so as to ensure compliance with Wyoming Statute § 6-2-319; and WHEREAS, the Circuit Courts are directed, by Rule 7(e) of the Rules Governing Access to Court Records, to establish a uniform written policy addressing the processes and procedures to be used in the filing of felony sexual assault cases under Wyoming Statutes Title 6, Chapter 2, Article 3; IT IS THEREFORE ORDERED AND DECREED as follows: 1. The Court’s “redacted” file and the proceedings on felony sexual assault cases shall remain open to the public. 2. Attorneys and officers filing documents in cases covered by this rule shall be responsible for providing redacted and un-redacted versions of those documents to the Court at the time of filing. The redacted filings shall reference the accused and the purported victim(s) by initials only. In addition, any other information that might identify the accused or the purported victim(s) shall also be redacted. 3. The name of the accused may be released to aid in the arrest of the accused. 4. If any party feels there is a need for proceedings to be closed to the public in a particular felony sexual assault case, a hearing on that motion shall be held in open court so as to allow the public to attend and to be heard on the issue of the proposed closed proceedings. No hearings shall be closed unless and until the Court makes a finding that a compelling interest exists that would justify closed proceedings. 5. If a member of the public asks a Circuit Court employee to provide access to a case file involving a particular defendant, the Circuit Court employee shall ask the requesting party to also identify the nature of the case sought. If the requesting party indicates that the case involves sexual assault and provides satisfactory identifying information, then the Circuit Court employee can provide the redacted file. This procedure is intended to prevent the Circuit Court employee from acknowledging the existence of felony sexual assault charges based solely on the name of the accused. 6. Cases involving felony sexual assault charges shall be marked “sealed” in the Court’s docket management system until such time as the case is bound over to the District Court. This procedure is intended to ensure that the name of the accused does not appear on publicly accessed terminals until such time as the case has been bound over to the District Court. Dated this _____day of _______________, ________. ______________________. Circuit Court Judge Amended July 14, 2026, effective September 14, 2026. APPENDIX B STATE OF WYOMING ) IN THE _________ COURT ) ss COUNTY OF ________ ) _________ JUDICIAL DISTRICT Plaintiff ) ) ) vs ) Docket Number: ________ ) ) Defendant ) CONFIDENTIAL REDACTION REQUEST Notice is hereby given that the undersigned party hereby files this request for redaction for the following transcript(s): Date Type of Hearing Held _______________________ ______________________________________________ The list of requested redactions is attached to this form. DATED this ______day of ____________, 20___ . ___________________. Attorney/Party I certify that a copy of the foregoing was contemporaneously provided to ______________________________, the court reporter/transcriber, by the following means: □ Hand Delivery; □ Electronic means. ___________________. Attorney/Party