Wyoming Lawmakers Move to Boost Pay for County Prosecutors

The original story by Clair McFarland for Cowboy State Daily.

Wyoming legislators took a step Wednesday toward putting more money into prosecutors’ offices, approving a $3 million boost aimed at helping counties better fund county and deputy attorneys.

The move came during a meeting of the Joint Appropriations Committee, where members continue to fine-tune the second draft of the state’s two-year budget. The proposal was pushed by two members of the Wyoming Freedom Caucus and now heads into the next round of budget drafts that will be debated by the full Legislature next month.

Rep. Ken Pendergraft, R-Sheridan, told the committee that county attorneys across the state are struggling to keep up with pay levels, especially when trying to hire and retain deputy prosecutors.

“It’s been brought to my attention by a number of folks there’s a bit of a lag in the pay for elected and assistant county attorneys,” Pendergraft said.

That lag, he argued, ends up costing counties more in the long run. When offices can’t attract in-house deputies, they often have to contract private attorneys to handle cases – a far more expensive option.

“I feel this is a critical need in the counties,” Pendergraft said. “And hopefully we can save a little in the long run.”

Sen. Tim French, R-Powell, seconded the motion to reopen county prosecutors’ budgets, and the committee ultimately approved it.

Under current state law, Wyoming helps cover part of prosecutors’ salaries:

• The state pays up to $50,000 or 50% of each elected county attorney’s salary, whichever is less.
• For deputy attorneys, the state covers up to $30,000 or 30%, again whichever is less.

Counties pay the remainder. Elected county attorneys are capped at $145,000 in salary, while deputy attorneys are not – which can lead to deputies earning more than their bosses.

Pendergraft described the system as outdated and in need of a refresh.

Rep. Trey Sherwood, D-Laramie, agreed – a rare moment of alignment this week between the two lawmakers.

“I do think it’s time for an adjustment,” Sherwood said with a laugh.

If the funding increase is applied as salary support rather than new positions, Pendergraft said the numbers break down roughly like this over two years:

• About $44,000 more per elected county attorney from the state;
• Roughly $26,549 more per deputy attorney from state funds.

Any leftover money would still be directed to prosecutors’ offices, he said.

Pendergraft also said he plans to introduce a standalone bill aimed at modernizing prosecutor pay altogether, possibly tying salaries to inflation so lawmakers don’t have to revisit the issue every few years.

House Appropriations Chair Rep. John Bear, R-Gillette, supported the concept but urged caution, noting the $3 million boost would expire after two years if a permanent fix isn’t passed.

Sen. Dan Laursen, R-Powell, said the increase was more than he was comfortable with, calling $3 million “too big for me.” Still, the committee approved the motion.

Lawmakers also revisited funding for the Natrona County District Attorney’s Office, which had been denied earlier in the budget process.

Rep. Bill Allemand, R-Midwest, successfully advanced funding to add:

• $266,572 over two years for an additional attorney;
• $182,017 over two years for a legal assistant.

That totals $448,589 for the office during the next budget cycle.

Natrona County District Attorney Dan Itzen had made a strong case for additional staffing, Allemand said.

“After discussing it with him, I agree with him, that he does need some help,” Allemand told the committee.

Only two counties – Natrona and Laramie – use a district attorney system instead of county attorneys. Sherwood noted that other offices had already received staffing help in recent years, while Itzen’s office had not.

When the committee voted to close out debate on Itzen’s budget, 11 members voted in favor. Bear cast the lone dissenting vote.

The prosecutor pay increases are now folded into the evolving state budget, which will see more revisions as it moves through the House and Senate during the legislative session starting next month. Final negotiations are expected to continue into March, when the budget ultimately lands on the governor’s desk.