Summary
The Wyoming Supreme Court considered whether county attorneys have statutory duties to participate in emergency detention and involuntary hospitalization proceedings under Wyo. Stat. Ann. §§ 25-10-109 and 25-10-110. The court held that a county attorney must commence qualifying involuntary hospitalization proceedings and appear and present the State’s case, while retaining discretion to decline cases lacking sufficient support. Because the statutory duties were ambiguous and therefore not clear and indisputable when the mandamus petition was filed, the court affirmed denial of the writ.
Holdings
- When the county attorney determines that the evidence supports detention or involuntary hospitalization, the county attorney must commence involuntary hospitalization proceedings by filing the requisite written application and must appear on behalf of the State and present the case in support of detention and involuntary hospitalization at hearings under Wyo. Stat. Ann. §§ 25-10-109 and 25-10-110. The county attorney retains case-by-case discretion not to pursue a proceeding when the evidence does not support it, but may not refuse to participate categorically or limit participation after deciding to file the application.
- Mandamus was properly denied because, at the time the petition was filed, the county attorney's statutory duty was not clear, certain, and indisputable. The court's need to use statutory-construction principles to determine the duty demonstrated that the duty was not sufficiently plain to support this extraordinary remedy.
Questions Presented
- What duties do Wyoming county attorneys have under Wyo. Stat. Ann. §§ 25-10-109 and 25-10-110 in emergency detention and involuntary hospitalization proceedings?
- Did the district court abuse its discretion by denying the petition for a writ of mandamus?
Disposition
affirmed
Cases Cited (10)
- In re RB, 2013 WY 15, 294 P.3d 24 (Wyo. 2013)(applied)
- State ex rel. Arnold v. Ommen, 2009 WY 24, 201 P.3d 1127 (Wyo. 2009)(applied)
- International Association of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162 (Wyo. 2013)(applied)
- Romsa v. State ex rel. Wyoming Department of Transportation, 2012 WY 146, 288 P.3d 695 (Wyo. 2012)(applied)
- Petroleum Inc. v. State ex rel. State Board of Equalization, 983 P.2d 1237 (Wyo. 1999)(applied)
- Huber v. Thomas, 45 Wyo. 440, 19 P.2d 1042 (1933)(applied)
- Multiple Resort Ownership Plan, Inc. v. Design-Build-Manage, Inc., 2002 WY 67, 45 P.3d 647 (Wyo. 2002)(applied)
- McTiernan v. Jellis, 2013 WY 151, 316 P.3d 1153 (Wyo. 2013)(applied)
- K N Energy, Inc. v. City of Casper, 755 P.2d 207 (Wyo. 1988)(applied)
- State ex rel. Epp v. Mayor, 894 P.2d 590 (Wyo. 1995)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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