Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
 
 LLS NO. R04-0397.01 Jerry Barry                  HR04-1007
                      HOUSE SPONSORSHIP
 
 Brophy,   Cadman, Harvey, Schultheis, Lundberg, Crane, Cloer, Decker, Fairbank, Lee,
 May M., Rhodes, Rose, Sinclair, Stafford, Welker, and Wiens
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                     HOUSE RESOLUTION 04-1007 
       Concerning the impeachment of Judge John W. Coughlin.
       
       
            WHEREAS, Pursuant to Article XIII of the State Constitution, the
       House of Representatives has the power of impeachment; and
       
            WHEREAS, John W. Coughlin is a judge of the Second Judicial
       District and under Article XIII is subject to impeachment for high crimes
       or misdemeanors or malfeasance in office; and
       
            WHEREAS, In the case of In re the interest of E.L.M.C., Case No.
       96 DR 39, in the district court for the city and county of Denver, Judge
       Coughlin, in his order dated April 28, 2003, granted parenting time and
       joint decision-making responsibilities to a non-parent even though the
       court found that the child had a fit adoptive parent; and
       
            WHEREAS, Judge Coughlin's order was contrary to Colorado
       statutes and the parent's constitutional right to direct the upbringing of the
       child; and
       
            WHEREAS, In the same case, Judge Coughlin ordered that the
       child's parent ensure that her daughter not be exposed to anything in her
       religious upbringing or teaching "that can be considered homophobic";
       and
       
            WHEREAS, The actions of Judge Coughlin constitute a clear
       violation of the parent's constitutional right to direct the upbringing,
       including religious instruction, of her child and the child's right to
       religious freedom; and
            WHEREAS, Such actions constitute malfeasance in office and, to
       protect the citizens of Colorado from the threat of any future denials of
       constitutional rights, it is appropriate for Judge Coughlin to be impeached
       and removed from office; now, therefore,
       
            Be It Resolved by the House of Representatives of the Sixty-fourth
       General Assembly of the State of Colorado:
       
            That the House of Representatives adopts the following Articles
       of Impeachment against John W. Coughlin:
       
                             ARTICLE I
       
            For malfeasance in office for denying the right to freedom of
       religion guaranteed by the First Amendment of the United States
       Constitution and Section 4 of Article II of the Colorado Constitution of
       Dr. Cheryl Clark by ordering that "Dr. Clark make sure that there is
       nothing in the religious upbringing or teaching that the minor child is
       exposed to that can be considered homophobic."
       
                            ARTICLE II
       
            For malfeasance in office for denying the right to freedom of
       religion guaranteed by the First Amendment of the United States
       Constitution and Section 4 of Article II of the Colorado Constitution of
       the daughter of Dr. Cheryl Clark by denying her access to the Christian
       religion by barring the teaching of anything "that can be considered
       homophobic."
       
                            ARTICLE III
       
            For malfeasance in office for disregarding the Colorado Revised
       Statutes in granting parental responsibilities to a non-biological,
       non-adoptive parent without showing a lack of fitness of the legal parent.
       
            Be It Further Resolved, That said Articles of Impeachment be duly
       enrolled and signed by the Speaker of this House of Representatives, and
       that the Speaker appoint a Committee of Managers, consisting of five
       members of this House of Representatives, to exhibit such Articles of
       Impeachment before the Senate of the Sixty-fourth General Assembly in
       the name of this House of Representatives and of all of the people of the
       State of Colorado, and to conduct the prosecution of said Articles of
       Impeachment before said Senate in accordance with the provisions of the
       Constitution of the State of Colorado and of the rules of the Senate
       relating to the trial of impeachment.
       
            Be It Further Resolved, That a message be sent to the Senate to
       inform them that this House of Representatives has appointed said
       Committee of Managers to conduct the impeachment against John W.
       Coughlin, Judge of the Second Judicial District.