‘Authoritarian’ Bill Making Defiance of Legislative Subpoena a Felony Heads to Governor

A bill that would elevate the penalty for defying a legislative subpoena from a misdemeanor to a felony sparked sharp debate on the Wyoming Senate floor Tuesday, with critics warning lawmakers were handing themselves “authoritarian power” without basic safeguards.

House Bill 83 now heads to Gov. Mark Gordon after passing both chambers. It would increase the maximum penalty for failing to appear when subpoenaed by a legislative committee to a $1,000 fine and up to one year in prison—crossing the threshold into felony territory. Current law carries a $100 fine and up to six months in jail.

The bill grew directly from the Management Audit Committee’s investigation into Weston County Clerk Becky Hadlock’s handling of the 2024 election. Hadlock did not appear when subpoenaed last year and was subsequently charged with failure to appear.

Sen. Tara Nethercott, R-Cheyenne, told colleagues that Hadlock responded to the subpoena and offered alternative dates, but was rejected with roughly a week’s notice.

“We’re not going to give you any notification. We’re not going to ask you, and we’re not going to give you any alternative options,” Nethercott said. “You will show up when we command you to because we are the Management Audit Committee of the Wyoming Legislature and we have given ourselves this authoritarian power.”

Sen. Chris Rothfuss, D-Laramie, argued the committee had acted vindictively. He said members voted to subpoena Hadlock without first calling to ask whether she could attend, then rejected her offer of alternatives.

“This was a political vote by a Management Audit Committee,” Rothfuss said. “What we would do if we moved forward this amendment would be to say, ‘Wow, you’re not just committing a misdemeanor because you’ve made a few politicians mad, you’re a felon because you’ve made a few politicians mad.'”

His comments drew a point of order from Sen. Cheri Steinmetz, R-Torrington, who called them “inflammatory.” The chair overruled.

Supporters argued the current $100 penalty was insufficient. Sen. Jared Olsen, R-Cheyenne, noted the federal contempt of Congress penalty carries up to a $100,000 fine and one year in prison. “We are not asking for a $100,000 fine,” he said. “We’re asking for a $1,000 fine.”

Sen. Charlie Scott, R-Casper, said a raise was appropriate but expressed doubt about making it a felony.

Sen. Jim Anderson, R-Casper, called a one-year prison term “way too long.”

The amendment passed with at least 16 senators in favor. HB 83 passed the House unanimously Feb. 21 and could take effect July 1.