Wyoming Administrative Code Agency 008 - Public Defenders, State
Wyoming Administrative Code – Agency 008: Public Defenders, State outlines the regulations governing the Office of the State Public Defender, which provides legal representation to indigent defendants and serves as the guardian ad litem (GAL) for children in abuse, neglect, and delinquency cases. The agency's rules are primarily found under Subagency 0001 – Guardian Ad Litem Program.(wyoleg.gov, law.cornell.edu)
🏛️ Agency Overview
Agency Name: Public Defenders, State (Agency 008)
Subagency: 0001 – Guardian Ad Litem Program
Primary Mission: To fulfill the constitutional right to counsel for indigent defendants and to provide GAL services for children in legal proceedings.(rules.wyo.gov, regulations.justia.com, wyoleg.gov)
📘 Key Regulatory Chapters
Chapter 2 – Standards, Certification, and Training
This chapter establishes the qualifications, responsibilities, and operational standards for attorney guardians ad litem (GALs). Key sections include:(casetext.com)
Section 2-1: Applicability of the rules.
Section 2-2: Role and responsibilities of attorney GALs.
Section 2-4: Qualifications and training requirements.
Section 2-5: Selection process and criteria for inclusion on the list of qualified GALs.
Section 2-9: Formal complaint process for addressing grievances. (casetext.com, law.cornell.edu)
📄 Statutory Authority
The Office of the State Public Defender operates under the following Wyoming Statutes:(wyoleg.gov)
W.S. § 7-6-101 et seq.: Public Defender Act
W.S. § 14-12-101 et seq.: Guardian ad Litem Act
W.S. § 28-1-116(a): General provisions related to state agencies (wyoleg.gov)
📊 Agency Structure and Budget
The Office of the State Public Defender was established in 1978 and operates 13 trial field offices and one appellate office. It handles over 90% of criminal cases in Wyoming, including misdemeanors, felonies, juvenile delinquencies, and capital cases. The Guardian ad Litem program, integrated into the office in 2008, provides services in 22 of the 23 counties.(wyoleg.gov)
For the 2021–2022 biennium, the agency's budget was approximately $29.28 million, with funding sources including the General Fund and other funds. The agency employed 95 full-time and part-time staff members. (wyoleg.gov)
⚖️ Challenges and Priorities
The agency faces challenges such as increasing caseloads, attorney turnover, and the need for adequate funding to meet constitutional and ethical obligations. Priorities include:(wyoleg.gov)
Increasing the number of attorneys to match caseload increases.
Improving recruitment and retention of attorneys.
Properly classifying and compensating employees and contract attorneys.
Maintaining adequate funding for capital cases.
Properly funding each case as constitutionally and ethically required. (wyoleg.gov)
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