In the Matter of the Adoption of KJD

Summary

The Wyoming Supreme Court affirmed a decree granting the maternal grandparents' petition to adopt KJD without the father's consent. The court held that adoption proceedings do not include a right to a jury trial and that the grandparents' attorney did not violate applicable judicial-conduct rules by serving as a part-time court magistrate or commissioner. The court also concluded that clear and convincing evidence established the father's willful failure to contribute to KJD's support for the required period under Wyoming Statute § 1-22-110(a)(v).

Holdings

1. The father had no constitutional, statutory, or civil right to a jury trial in an adoption proceeding under Chapter 22 of Title 1 of the Wyoming Statutes.
2. The attorney's simultaneous service as counsel for the grandparents and as a court commissioner or part-time circuit court magistrate did not violate the applicable Wyoming statutes or Code of Judicial Conduct.
3. The evidence supported the finding that the father willfully failed to contribute substantially to KJD's support while she was maintained by DFS for the year preceding the adoption petition, so his consent was unnecessary and the adoption was properly granted.

Questions Presented

1. Whether the father had a constitutional, statutory, or civil right to a jury trial in the adoption proceeding.
2. Whether the grandparents' attorney violated Wyoming judicial-conduct rules or created a conflict of interest by also serving as a court commissioner or part-time circuit court magistrate.
3. Whether sufficient evidence supported adoption without the father's consent under Wyo. Stat. Ann. § 1-22-110(a)(v).

Disposition

affirmed