The Wyoming Legislature served a valid subpoena to Weston County Clerk Becky Hadlock last fall and had the authority to do so, according to the latest filings in the criminal case against the embattled clerk.
Hadlock pleaded not guilty in November to a misdemeanor charge accusing her of defying a legislative subpoena. Lawmakers subpoenaed the clerk in September to compel her to attend a meeting in Casper as part of an investigation into her conduct surrounding an initial miscount and audit in the 2024 general election.
Despite the subpoena, she did not attend the meeting, informing the committee ahead of time that she had a scheduling conflict. Lawmakers subsequently pursued criminal charges. In November, the Natrona County District Attorney’s Office charged Hadlock with a misdemeanor for failing to appear.
The subpoena, however, was void because lawmakers’ investigation was illegal, Ryan Semerad, Hadlock’s attorney, argued in a December motion to dismiss the case.
More specifically, Semerad argued, the investigation into Hadlock was not the purview of the Legislature’s Management Audit Committee, and publicly conducting such an investigation violated the committee’s confidentiality statutes.
Additionally, Hadlock was not given “fair notice and a reasonable opportunity to obtain counsel and meaningfully respond to the subpoena,” the filing states.
Natrona County District Attorney Dan Itzen countered in a Thursday filing, arguing that the committee did have the authority to issue a legislative subpoena.
“Additionally, the subpoena that the Defendant received was valid,” Itzen wrote. “Therefore, the defense’s two main arguments, that the subpoena was not properly issued and that the subpoena was defective, are ineffective.”
Itzen also pointed to the committee’s work, which included several bills that the full Legislature will consider when it convenes next month.
“In this case, the [Management Audit Committee] subcommittee was auditing the Weston County Clerk 2024 election to determine if any future policy changes should be enacted to prevent similar misconduct from occurring in the future,” the filing states. “This purpose is exemplified by the subcommittee’s final report, which, after listing the subcommittee’s findings of fact, recommends four new policy changes.”
Hadlock knew the purpose of the subpoena and was informed of the consequences for failing to appear pursuant to her subpoena, Itzen wrote, and her absence was not excused.
The filings also dispute that Hadlock was not given reasonable notice.
The Legislative Service Office initially contacted Hadlock on Sept. 8, according to the filings. When she said she would not attend, Hadlock was served with a subpoena on Sept. 23. The meeting took place on Sept. 29.
Hadlock “was put on notice that the subcommittee would likely want to hear her testimony well before the hearing,” Itzen wrote. “Thus, she had ample time to prepare to appear at the hearing and get counsel. Therefore, the defense cannot effectively argue that the defendant was unfairly surprised by this subpoena, and, therefore, the subpoena was invalid.”
Ultimately, whether Hadlock received reasonable notice, Itzen wrote, should be left to the jury, as should “any factual determinations.”
The case also presents “a separation of powers issue,” Itzen wrote, urging the court not to dismiss the case.
By granting the motion to dismiss, “the Court would be denying the legislature any deference by overstepping into legislative action taken at a legislative hearing,” Itzen wrote. “Judicial involvement would blur the lines between the legislative and judicial branches of government.”
A hearing in the case is set for Jan. 21.
The latest filings come amid Gov. Mark Gordon’s decision to direct the Wyoming Attorney General’s office to seek Hadlock’s removal from office for “her failure to appear for a legislative subpoena and her filing of a false audit report in conjunction with her duties as the Clerk of Weston County,” according to the governor. She does not plan to resign, Semerad told WyoFile.