Hilderbrand v. Padget
In Hilderbrand v. Padget, 678 P.2d 870 (Wyo. 1984), the district court found the prosecutor in contempt of court for refusing to comply with the court's order to pursue a perjury charge against a former undercover drug agent. Hilderbrand, 678 P.2d at 871.
On appeal, we held the statute which gave the district court authority to direct the prosecutor to charge someone with a crime infringed upon the executive branch's power and discretion to make prosecutorial decisions. Id. at 873-74.
The Court stated:
The prosecutive decision traditionally has been exercised by the executive department, and an attempt by the judicial branch of government to exercise that authority by purporting to foreclose the refiling of a criminal charge in the absence of a constitutional or statutory proscription is constitutionally prohibited as a violation of the separation of powers doctrine. (Id. at 872.)