Justice Marilyn Kite (B.A. ’70, J.D. ’74) graduated law school and became an attorney
with no intention of becoming a judge—and certainly not of presiding as chief justice
of the Wyoming Supreme Court. Due to professional choices and encouragement from mentors,
she followed all opportunities that were presented to her. These choices included
joining the Wyoming state attorney general’s office, first as assistant attorney general
(1974–76) and then as senior assistant attorney general (1976–78). She went into private
practice in 1979 with the firm Holland & Hart, where she became partner. She was appointed
to the Wyoming State Supreme Court in 2000 and eventually became the court’s first
woman chief justice in 2010, retiring in August 2015.
During her career, especially during her years on the court, Kite says that she had several points of emphasis that were ultimately all connected. The most visible has been to encourage women’s interest in law. “If 51 percent of the population is women but 100 percent of judges are men, you have a problem,” Kite says. That isn’t exactly the case in Wyoming; still, only a small percentage of Wyoming judges are women, she says.
In fact, at the time of her installation as the first woman on the Wyoming Supreme Court, she says, 20 other states had women in that role. But before they can become judges, women need to practice the sorts of law that will get them into the pipeline. Kite encourages women attorneys to think about their career paths, serve on judicial nominating committees and apply for judicial positions.
Her encouragement of women lawyers is as much about equity as it is about civic education. She says it is a positive that judges speak to public groups and schools, and the Supreme Court goes to schools around the state hearing arguments so that students can witness them first hand. Even so, the judicial branch is a bit of a mystery because it is naturally disconnected from community social organizations. That is how it can maintain objectivity, she says.
“We have independent courts to apply the rule of law, but they don’t get as much attention as other aspects of government,” she says. “Citizens need to understand why we bring disputes to neutral, unbiased decision-makers.” And once people appreciate the importance of independent courts, it is easier for them to understand how judges are selected. “That is important because they all have a role in it,” Kite says. She describes Wyoming’s merit selection process as something “we should guard with great enthusiasm because it keeps interest groups from getting their judge elected.”
Kite reminds people that the job can also be dangerous, such as when a judge is in a room with people who are emotionally fraught over issues surrounding money, divorce or custody. “Dealing with people’s lives can be a huge burden on judges as people,” she says. “It is difficult for people to recognize what judges do, because they aren’t in front of them unless they are directed to be there, so they draw opinions from media or friends.” Kite advocates for a professional working environment that is supportive of what judges are required to do, including better security in courtrooms. She feels the Wyoming Legislature has taken some good steps, such as in courthouse security. “Courthouse violence and shootings happen so frequently they hardly make the headlines, and they often happen in small towns, with judges and lawyers on the front lines,” she says.
Lending her expertise to these issues is a way Kite feels she can contribute, if she is needed. However, retirement doesn’t mean she has a lot of spare time. She has had a busy fall with family, enjoying the outdoor life around Jackson Hole. While she misses the close friends she had made while on the court, she says she won’t miss the monthly drive to Cheyenne. She might even explore alternatives to the Wyoming winters, she says, and find some place warm to pass at least some of her time.
