Summary 2012 WY 65

Summary of Decision May 9, 2012


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Case Name: RICKY D. MILLER and CHRISTOPHER L. GONZALEZ v. WYOMING DEPARTMENT OF HEALTH, TOM FORSLUND, Director, TOM JOHNSON, Chemical Testing Supervisor, JAMES L. MOORE, Laboratory Supervisor

Docket Number: S-11-0197

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465570

Appeal from the District Court of Laramie County, the Honorable Michael K. Davis, Judge
Representing Appellant (Plaintiff/Defendant): Cole N. Sherard, Wheatland, WY.

Representing Appellee (Plaintiff/Defendant): Gregory A. Phillips, Wyoming Attorney General, and Robin Sessions Cooley, Deputy Attorney General.

Date of Decision: May 9, 2012

Facts: After being separately cited and arrested for driving while under the influence of alcohol (DWUI) in violation of Wyoming law, Ricky D. Miller and Christopher L. Gonzalez petitioned the district court for review of agency inaction by the Wyoming Department of Health (WDOH). Miller and Gonzalez requested that the district court require the WDOH to retroactively decertify the chemical test operators (hereinafter “officers”) who had performed chemical tests of Miller’s and Gonzalez’s breath to determine the quantity of alcohol in their respective bodies. On motion by the WDOH, Tom Forslund, in his official capacity as director, Tom Johnson in his official capacity as chemical testing laboratory manager, and James L. Moore, in his official capacity as laboratory supervisor (collectively referred to as “Department”), the district court dismissed the “Petition for Judicial Review” on the grounds that Miller and Gonzalez lacked standing to bring the action and that the matter is not ripe for review. Miller and Gonzalez challenged the order dismissing their petition.

Issues: Miller and Gonzalez presented two issues for consideration: Is the Appellants’ Petition for Judicial Review, challenging the WDOH failure to decertify the officers’ certification to perform chemical analysis ripe for review by this Court? Do the Appellants have standing to petition the district court to order the WDOH to decertify these officers for failing to comply with [its] own administrative rules and regulations for chemical testing?

Holdings: Miller and Gonzalez lacked standing to bring the action set forth in their “Petition for Judicial Review.” Affirmed.

Justice Hill delivered the opinion for the court.