HOUSE BILL 971037
BY REPRESENTATIVES T. Williams, Bacon, Gotlieb, Sullivant, and Tate;
also SENATORS Matsunaka, Hopper, and Perlmutter.
CONCERNING COMMISSIONS THAT EVALUATE JUDICIAL PERFORMANCE.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1.
135.5101, Colorado Revised Statutes, 1987 Repl. Vol.,
as amended, is amended to read:
135.5101. Legislative declaration. The
general assembly hereby finds and declares that it is in the public
interest to establish a system of evaluating judicial performance
to provide persons voting on the retention of justices and judges
with fair, responsible, and constructive information about judicial
performance and to provide justices, and
judges AND MAGISTRATES with useful information concerning their
own performances. The general assembly further finds and declares
that the evaluation of judicial performance should be conducted
statewide and within each judicial district using uniform criteria
and procedures established by a state commission on judicial performance
pursuant to the provisions of this article.
SECTION 2. 135.5102 (1) (a)
and (1) (b), Colorado Revised Statutes, 1987 Repl. Vol.,
as amended, are amended to read:
135.5102. State commission
on judicial performance. (1) (a) There
is hereby established the state commission on judicial performance,
referred to in this article as the "state commission".
The state commission shall consist of ten members. The speaker
of the house of representatives and the president of the senate
shall each appoint one attorney and one nonattorney. The governor
and the chief justice of the supreme court shall each appoint
one attorney and two nonattorneys. All members of the state commission
shall serve terms of four years; except that, of those first appointed,
one person appointed by each appointing authority shall serve
for a term of two years. All initial appointments shall be completed
by July 1, 1988. THE TERM OF ANY MEMBER OF THE STATE COMMISSION
SERVING AS OF JUNE 30, 1997, SHALL EXPIRE ON NOVEMBER 30 OF THE
YEAR IN WHICH THE TERM IS SCHEDULED TO EXPIRE. THE TERM OF ANY
MEMBER APPOINTED ON OR AFTER JULY 1, 1997, TO REPLACE A MEMBER
OF THE STATE COMMISSION AT THE END OF HIS OR HER TERM SHALL COMMENCE
ON DECEMBER 1 OF THE YEAR IN WHICH THE PREVIOUS MEMBER'S TERM
IS SCHEDULED TO EXPIRE.
(b) Any vacancy on the state commission
shall be filled by the original appointing authority, but no member
shall serve more than two FULL terms PLUS ANY BALANCE REMAINING
ON AN UNEXPIRED TERM IF THE INITIAL APPOINTMENT WAS TO FILL A
VACANCY. except that, if the appointing
authority has not made an appointment within fortyfive days
of the vacancy, WITHIN FIVE DAYS
AFTER A VACANCY ARISES ON THE STATE COMMISSION, the state commission
shall notify the appointing authority OF THE VACANCY, that
it has not made the appointment and
the appointing authority shall make the
AN appointment within the next thirty
FORTYFIVE days AFTER THE DATE OF THE VACANCY. from
a list or pool of qualified, interested citizens which has been
compiled by the appointing authority. The initial term of any
member appointed to fill a vacancy created by the failure of any
member of the state commission to complete such member's term
shall expire when the term of the departed member would otherwise
have expired. IF THE ORIGINAL APPOINTING
AUTHORITY FAILS TO MAKE THE APPOINTMENT, OR APPOINTMENTS IF MORE
THAN ONE VACANCY, WITHIN FORTYFIVE DAYS AFTER THE DATE OF
THE VACANCY, THE STATE COMMISSION SHALL MAKE THE APPOINTMENT OR
APPOINTMENTS. Justices and judges actively performing judicial
duties may not be appointed to serve on the state commission.
Retired justices and judges are eligible to be appointed as attorney
members; except that no retired justice or judge may be assigned
or appointed to perform judicial duties while serving on the state
commission.
SECTION 3. 135.5103 (1) (b),
(1) (c), (1) (e), and (1) (i), Colorado Revised
Statutes, 1987 Repl. Vol., as amended, are amended, and the said
135.5103 (1) is further amended BY THE ADDITION
OF THE FOLLOWING NEW PARAGRAPHS, to read:
135.5103. Powers and duties
of the state commission. (1) In
addition to other powers conferred and duties imposed upon the
state commission by this article, the state commission has the
following powers and duties:
(b) To develop lawyer
and juror surveys FOR LAWYERS, JURORS,
LITIGANTS, LAW ENFORCEMENT PERSONNEL, ATTORNEYS WITHIN THE DISTRICT
ATTORNEY=S
AND PUBLIC DEFENDER=S
OFFICES, EMPLOYEES OF LOCAL DEPARTMENTS OF SOCIAL SERVICES, AND
VICTIMS OF CRIMES, AS DEFINED IN SECTION 244.1302
(5), and then
determine the STATISTICAL validity of completed surveys, REPORT
TO THE DISTRICT COMMISSIONS ON THE STATISTICAL VALIDITY OF THE
SURVEYS FOR THEIR DISTRICT, AND SPECIFY WHEN AND HOW STATISTICALLY
INVALID SURVEYS MAY BE USED and to recommend judicial performance
evaluations by peers, chief judges, court personnel, and others
who have direct and continuing contact with justices and judges;
(c) To prepare alternatives to lawyer
and juror surveys where sample populations
are inadequate to produce valid results;
(d.5) TO DEVELOP CRITERIA AND STANDARDS
THAT ARE TO BE UTILIZED IN DETERMINING WHETHER TO RECOMMEND RETENTION;
(e) To develop guidelines in
conjunction with the press, for disseminating
and publishing the results of judicial performance evaluations;
in narrative form;
(i) To produce and distribute to the public
a narrative profile of
AND SUCH OTHER INFORMATION AS MAY BE PERMITTED BY THE RULES OF
THE STATE COMMISSION CONCERNING each appellate justice or judge
subject to retention election;
(m) TO FILL VACANCIES ON THE STATE COMMISSION
ON JUDICIAL PERFORMANCE PURSUANT TO SECTION 135.5102 (1) (b)
OR ON A DISTRICT COMMISSION ON JUDICIAL PERFORMANCE PURSUANT TO
SECTION 135.5104 (1) (b).
SECTION 4.
135.5104 (1) (a) and (1) (b), Colorado
Revised Statutes, 1987 Repl. Vol., as amended, are amended to
read:
135.5104. District commission
on judicial performance. (1) (a) There
is hereby established in each judicial district a district commission
on judicial performance, referred to in this article as the "district
commission". The district commission shall consist of ten
members. The speaker of the house of representatives and the
president of the senate shall each appoint one attorney and one
nonattorney. The governor and the chief justice of the supreme
court shall each appoint one attorney and two nonattorneys. All
members of the district commission shall serve terms of four years;
except that, of those first appointed, one person appointed by
each appointing authority shall serve for a term of two years.
All initial appointments shall be completed by July 1, 1989.
The appointing authority may remove members of the district commissions
for cause. THE TERM OF ANY MEMBER OF A DISTRICT COMMISSION SERVING
AS OF JUNE 30, 1997, SHALL EXPIRE ON NOVEMBER 30 OF THE YEAR IN
WHICH THE TERM IS SCHEDULED TO EXPIRE. THE TERM OF ANY MEMBER
APPOINTED ON OR AFTER JULY 1, 1997, TO REPLACE A MEMBER OF A DISTRICT
COMMISSION AT THE END OF HIS OR HER TERM SHALL COMMENCE ON DECEMBER
1 OF THE YEAR IN WHICH THE PREVIOUS MEMBER'S TERM IS SCHEDULED
TO EXPIRE.
(b) Any vacancy on the district commission
shall be filled by the original appointing authority, but no member
shall serve more than two FULL terms PLUS ANY BALANCE REMAINING
ON AN UNEXPIRED TERM IF THE INITIAL APPOINTMENT WAS TO FILL A
VACANCY. except that, if the appointing
authority has not made an appointment within fortyfive days
of the vacancy, WITHIN FIVE DAYS
AFTER A VACANCY ARISES ON A DISTRICT COMMISSION, the district
commission shall notify the appointing authority AND THE STATE
COMMISSION OF THE VACANCY, that it
has not made the appointment and
the appointing authority shall make the
AN appointment within the next thirty
FORTYFIVE days from a list or
pool of qualified, interested citizens which has been compiled
by the appointing authority. The initial term of any member appointed
to fill a vacancy created by the failure of any member of the
district commission to complete such member's term shall expire
when the term of the departed member would otherwise have expired.
AFTER THE DATE OF THE VACANCY. IF THE ORIGINAL APPOINTING AUTHORITY
FAILS TO MAKE THE APPOINTMENT, OR APPOINTMENTS IF MORE THAN ONE
VACANCY, WITHIN FORTYFIVE DAYS AFTER THE DATE OF THE VACANCY,
THE STATE COMMISSION SHALL MAKE THE APPOINTMENT OR APPOINTMENTS.
Justices and judges actively performing judicial duties may not
be appointed to serve on the district commission. Retired justices
and judges are eligible to be appointed as attorney members; except
that no retired justice or judge may be assigned or appointed
to perform judicial duties while serving on the district commission.
SECTION 5. 135.5105,
Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended
to read:
135.5105. Powers and duties
of district commissions. (1) In
addition to other powers conferred and duties imposed upon a district
commission by this article, a district commission has the following
powers and duties subject to and in conformity with the rules
promulgated by the state commission and the state commission's
review of deliberation procedures pursuant to section 135.5103 (1) (l):
(a) To distribute questionnaires
SURVEYS, and
interview judges, and, TO THE EXTENT DEEMED APPROPRIATE BY THE
DISTRICT COMMISSION, INTERVIEW other appropriate persons, under
the state commission=s
direction ACCEPT INFORMATION AND
DOCUMENTATION FROM INTERESTED PARTIES, AND, FOLLOWING AT LEAST
TEN DAYS' NOTICE, CONDUCT PUBLIC HEARINGS; and
(b) To DRAFT, produce, and distribute
to the public a narrative profile on each district and county
judge subject to retention election
AND MAGISTRATE REQUIRED TO BE EVALUATED UNDER SECTION 135.5106 (2)
OR (3).
SECTION 6. 135.5106 (1) (c)
and (2) (c), Colorado Revised Statutes, 1987 Repl. Vol.,
as amended, are amended, and the said 135.5106 is
further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
135.5106. Recommendations
on retention of justices and judges.
(1) (c) The state commission shall release the
narrative profile, the recommendation, and any other relevant
information to the public no later than sixty
FORTYFIVE days prior to the retention election. THE STATE
COMMISSION SHALL ARRANGE TO HAVE A SUMMARY OF THE NARRATIVE PROFILE
AND RECOMMENDATION PRINTED IN THE BALLOT INFORMATION BOOKLET PREPARED
PURSUANT TO SECTION 140124.5, C.R.S., AND MAILED TO
ELECTORS PURSUANT TO SECTION 140125, C.R.S.
(2) (c) The district commission shall
release the narrative profile, the recommendation, and any other
relevant information to the public no later than fortyfive
days prior to the retention election. THE DISTRICT COMMISSION
SHALL ARRANGE TO HAVE A SUMMARY OF THE NARRATIVE PROFILE AND RECOMMENDATION
PRINTED IN THE BALLOT INFORMATION BOOKLET PREPARED PURSUANT TO
SECTION 140124.5, C.R.S., AND MAILED TO ELECTORS WITHIN
THE JUDICIAL DISTRICT PURSUANT TO SECTION 140125,
C.R.S.
(3) (a) IN ADDITION TO THE EVALUATIONS
CONDUCTED PURSUANT TO SUBSECTION (2) OF THIS SECTION:
(I) THE DISTRICT COMMISSION SHALL CONDUCT
EVALUATIONS AND PREPARE NARRATIVE PROFILES PURSUANT TO THIS SUBSECTION
(3) OF EACH DISTRICT OR COUNTY JUDGE DURING EACH EVENNUMBERED
YEAR IN WHICH THE JUDGE IS NOT SCHEDULED FOR A RETENTION ELECTION.
(II) THE DISTRICT COMMISSION SHALL CONDUCT
EVALUATIONS AND PREPARE NARRATIVE PROFILES PURSUANT TO THIS SUBSECTION
(3) OF EACH MAGISTRATE EACH ODDNUMBERED YEAR.
(b) EVALUATIONS AND THE NARRATIVE PROFILE
DEVELOPED UNDER THIS SUBSECTION (3) SHALL BE DELIVERED TO THE
JUDGE OR MAGISTRATE ON OR BEFORE JULY 1 OF THE YEAR IN WHICH THE
EVALUATION IS PERFORMED. THE JUDGE OR MAGISTRATE SHALL HAVE THE
OPPORTUNITY TO MEET WITH THE DISTRICT COMMISSION OR OTHERWISE
RESPOND TO THE EVALUATION NO LATER THAN TEN DAYS FOLLOWING RECEIPT
OF SUCH EVALUATION. IF SUCH MEETING IS HELD OR RESPONSE IS MADE,
THE DISTRICT COMMISSION MAY REVISE ITS EVALUATION.
(c) THE DISTRICT COMMISSION SHALL RELEASE
THE NARRATIVE PROFILE AND ANY OTHER RELEVANT INFORMATION DEVELOPED
UNDER THIS SUBSECTION (3) TO THE CHIEF JUDGE OF THE COURT AND
TO THE JUDGE OR MAGISTRATE NO LATER THAN SEPTEMBER 1 OF THE YEAR
IN WHICH THE EVALUATION IS PERFORMED. BY SEPTEMBER 1 OF THE YEAR
IN WHICH THE EVALUATION IS PERFORMED, THE NARRATIVE PROFILE AND
ANY OTHER RELEVANT INFORMATION DEVELOPED UNDER THIS SUBSECTION
(3) SHALL ALSO BE AVAILABLE TO THE PUBLIC; EXCEPT THAT NARRATIVE
PROFILES PREPARED PURSUANT TO THIS SUBSECTION (3) SHALL NOT BE
MAILED TO REGISTERED VOTERS.
SECTION 7. Transfer of funds
statement of intent. (1) Notwithstanding
any provision of section 2421104 (3) (b), Colorado
Revised Statutes, to the contrary, on July 1, 1997, the state
treasurer shall deduct sixteen thousand dollars ($16,000) from
the department of state cash fund and transfer such sum to the
ballot information publication and distribution revolving fund
created in section 140124.5 (3), Colorado Revised
Statutes.
(2) It is the intent of the general assembly
that, for the fiscal year beginning July 1, 1998, printing the
recommendations in the blue book as required by this act will
require an appropriation to the legislative council of fiftysix
thousand dollars ($56,000). Of such amount, forty thousand dollars
($40,000) shall come from the general fund moneys that would otherwise
have been appropriated to the judicial department for the fiscal
year beginning July 1, 1998, and sixteen thousand ($16,000) shall
come from moneys transferred to the ballot information publication
and distribution revolving fund pursuant to subsection (1) of
this section.
SECTION 8. Safety
clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Joan M. Albi
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO