Date: 09/06/2006

Final
Amendment 40

COMMITTEE ON LEGISLATIVE COUNCIL

Votes: View--> Action Taken:
Amend the final staff draft, page 2, line 28, stri
Amend the final staff draft, page 2, line 8, strik
Amend the final staff draft, page 3, line 2, strik
Amend the final staff draft, page 3, strike line 1		PASS
FAIL
PASS
PASS


03:43 PM -- Amendment 40

Susan Liddle, Legislative Council Staff, reviewed the final staff draft of the analysis of Amendment 40, concerning term limits on Court of Appeals and Supreme Court Judges. She thanked staff who worked on the analysis. She walked the committee through the summary and analysis section and discussed the arguments provided for and against measure.


03:45 PM

Ms. Liddle responded to a committee question about whether any other states limit the terms of court of appeals and supreme court judges, saying that she is not aware of any.


03:46 PM

The following persons testified:

 Robert Miller, representing Vote No on 40, came to the table to discuss the ballot analysis. He provided three specific suggestions for changes.
He advocated language discussing "forcing" judges to leave office. He further discussed potential language regarding the appointment of judges by the governor. He responded to questions from the committee.


03:49 PM

Former Senator John Andrews, representing Limit the Judges Yes on 40, discussed the ballot analysis and offered a suggestion for the first argument in favor of the measure on page 2, lines 8 and 9. His suggestion is to add a new opening sentence to read: "Term limits are a check against the abuse of judicial power, which concerns many citizens today."


BILL:Amendment 40
TIME: 03:51:49 PM
MOVED:McElhany
MOTION:Amend the final staff draft, page 2, line 8, strike "By"and substitute "Term limits are a check against the abuse of judicial power, which concerns many citizens today. Additionally, by". The motion failed on a 5-10-3 roll call vote.
SECONDED:Cadman
VOTE
Butcher
No
Cadman
Yes
Cerbo
No
Garcia
No
Gordon
No
Groff
Excused
Harvey
Yes
Hoppe
No
Johnson
Excused
Madden
No
May M.
Excused
McElhany
Yes
Spence
Yes
Teck
Yes
Tupa
No
Windels
No
Fitz-Gerald
No
Romanoff
No
Not Final YES: 5 NO: 10 EXC: 3 ABS: 0 FINAL ACTION: FAIL


BILL:Amendment 40
TIME: 03:54:27 PM
MOVED:Cerbo
MOTION:Amend the final staff draft, page 2, line 28, strike "leaving" and substitute "forced to leave"; line 32, strike "substantial" and substitute "disproportionate", and line 43, after "judges", insert "to the Court of Appeals and a super-majority of the Supreme Court". The motion passed on a 12-3-3 roll call vote.
SECONDED:Butcher
VOTE
Butcher
Yes
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Excused
Harvey
Yes
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Excused
McElhany
No
Spence
Yes
Teck
Yes
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 12 NO: 3 EXC: 3 ABS: 0 FINAL ACTION: PASS


BILL:Amendment 40
TIME: 03:56:38 PM
MOVED:Madden
MOTION:Amend the final staff draft, page 3, line 2, strike "unnecessary." and substitute "unnecessary and no other state has enacted such limits.". Not having received the required 12 votes to pass, the motion failed on a 10-5-3 roll call vote.
SECONDED:Hoppe
VOTE
Butcher
Yes
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Excused
Harvey
No
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Excused
McElhany
No
Spence
Yes
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 10 NO: 5 EXC: 3 ABS: 0 FINAL ACTION: FAIL


BILL:Amendment 40
TIME: 03:59:12 PM
MOVED:Butcher
MOTION:Amend the final staff draft, page 3, strike line 1; line 2, strike "unnecessary." and substitute "Colorado would be the first state to limit the terms of Supreme Court and Court of Appeals judges.". Not having received the required 12 votes to pass, the motion failed on a 9-6-3 roll call vote.
SECONDED:Madden
VOTE
Butcher
Yes
Cadman
No
Cerbo
Yes
Garcia
Yes
Gordon
Yes
Groff
Excused
Harvey
No
Hoppe
Yes
Johnson
Excused
Madden
Yes
May M.
Excused
McElhany
No
Spence
No
Teck
No
Tupa
Yes
Windels
Yes
Fitz-Gerald
Yes
Romanoff
No
Not Final YES: 9 NO: 6 EXC: 3 ABS: 0 FINAL ACTION: FAIL