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CATHCART v. MEYER

Nos. 04-32, 04-33, 04-34.

88 P.3d 1050 (2004)

2004 WY 49

Rich CATHCART, Rodney "Pete" Anderson, Scott Zimmerman and Keith Kennedy, Appellants (Plaintiffs), v. Joseph B. MEYER, Wyoming Secretary of State, in his official capacity, Appellee (Defendant), and Jack Adsit and U.S. Term Limits Foundation, Appellees (Intervenors/Defendants). Joseph B. Meyer, Wyoming Secretary of State, in his official capacity, Appellant (Defendant), v. Rich Cathcart, Rodney "Pete" Anderson, Scott Zimmerman and Keith Kennedy, Appellees (Plaintiffs). Jack Adsit and U.S. Term Limits Foundation, Appellants (Intervenors/Defendants), v. Rich Cathcart, Rodney "Pete" Anderson, Scott Zimmerman and Keith Kennedy, Appellees (Plaintiffs).

Supreme Court of Wyoming.

May 4, 2004.

Attorney(s) appearing for the Case

Representing Rich Cathcart, Rodney "Pete" Anderson, Scott Zimmerman and Keith Kennedy: Harriet M. Hageman and Kara Brighton of Hageman & Brighton, Cheyenne, Wyoming; and Timothy M. Stubson of Brown, Drew & Massey, LLP, Casper, Wyoming.

Representing Joseph B. Meyer, Wyoming Secretary of State: Patrick J. Crank, Attorney General; Michael R. O'Donnell, Chief Deputy Attorney General; and Michael L. Hubbard, Deputy Attorney General, Cheyenne, Wyoming.

Representing Jack Adsit and U.S. Term Limits Foundation:: Sasha Johnston and Daniel E. White of Woodard & White, P.C. Cheyenne, Wyoming.

Representing Amicus Curiae, Wyoming Term Limits Group: Bradley T. Cave and Lawrence J. Wolfe of Holland & Hart, LLP, Cheyenne, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

VOIGT, Justice.

[¶ 1] Two incumbent state legislators and two electors challenge the constitutionality of Wyoming's initiative-engendered term limit statute. These cases come to us from the district court via W.R.A.P. 11 certified questions and W.R.C.P. 54(b) certification of an order rejecting affirmative defenses. We affirm the district court's rejection of the affirmative defenses and we find the term limit statute unconstitutional.

CERTIFIED QUESTIONS...

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