Untitled

First Regular Session

Sixty-first General Assembly

LLS NO. R97@0529.01 JBB

STATE OF COLORADO

BY SENATOR Powers;

also REPRESENTATIVE Adkins.

JUDICIARY

SENATE CONCURRENT RESOLUTION 97-0006

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE SELECTION OF JUDGES OF STATEWIDE COURTS, AND, IN CONNECTION THEREWITH, REQUIRING JUSTICES OF THE COLORADO SUPREME COURT TO BE POPULARLY ELECTED AND APPOINTMENTS TO THE COURT OF APPEALS TO BE CONFIRMED BY THE COLORADO SENATE.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Proposes an amendment to the Colorado constitution requiring justices of the Colorado supreme court to be elected by a vote of the people and reduces the terms of office of supreme court justices to six years. States that the terms of the three supreme court justices serving on January 1, 1999, who have served on the supreme court the shortest period shall end on the second Tuesday of January, 2001; the terms of the two appointed justices serving on January 1, 1999, who have served on the supreme court the next shortest period shall end on the second Tuesday of January, 2003; and the terms of the two remaining justices serving on January 1, 1999, shall end on the second Tuesday of January, 2005.

Establishes that any vacancy on the supreme court occurring on and after January 1, 1999, and created by any reason other than the expiration of a term, failure to file a declaration for retention, or negative vote at a retention election shall be filled by appointment by the state central committee of the political party of the justice who created the vacancy. Such person shall serve until the second Tuesday in January following the next general election. If the person appointed to fill the vacancy is elected, the person's sixyear term shall commence on the second Tuesday in the January following the election.

States that an elected justice may file notice of intention to seek retention with the secretary of state not more than six months prior to the general election preceding the expiration of the justice's first term of office. The names of such justices shall be submitted to the electors solely on the question of whether such justice should be retained for a second term. Any justice retained shall serve a second term, but shall not be eligible for a retention election again.

Also requires senate confirmation of persons appointed to be judges of the Colorado court of appeals. Allows a judge who is appointed to fill a vacancy created on or after the 55th day of a regular session of the General Assembly and before the following November 15 to serve an interim term until the senate votes on confirmation. If the next regular session of the senate adjourns without having taken a vote on the confirmation, the judge may serve his or her twoyear provisional term. Provides that a vacancy is created immediately upon the senate's voting not to confirm an appointment.

Be It Resolved by the Senate of the Sixtyfirst General Assembly of the State of Colorado, the House of Representatives concurring herein:

SECTION 1. At the next election at which such question may be submitted, there shall be submitted to registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Sections 7 of article VI of the constitution of the state of Colorado is amended to read:

Section 7. Term of office. (1) The full term of office of justices of the supreme court shall be ~~ten~~ SIX years.

(2) NOTWITHSTANDING THE PROVISIONS OF ARTICLE XII, SECTION 11 OR SUBSECTION (1) OF THIS SECTION, THE TERMS OF THE THREE JUSTICES OF THE SUPREME COURT SERVING ON JANUARY 1, 1999, WHO HAVE SERVED ON THE SUPREME COURT THE SHORTEST PERIODS SHALL END ON THE SECOND TUESDAY OF JANUARY, 2001; THE TERMS OF THE TWO JUSTICES SERVING ON JANUARY 1, 1999, WHO HAVE SERVED ON THE SUPREME COURT THE FOURTH AND FIFTH SHORTEST PERIODS SHALL END ON THE SECOND TUESDAY OF JANUARY, 2003; AND THE TERMS OF THE TWO REMAINING JUSTICES SERVING ON JANUARY 1, 1999, SHALL END ON THE SECOND TUESDAY OF JANUARY, 2005.

Section 20 (1) of article VI of the constitution of the state of Colorado is amended to read:

Section 20. Vacancies. (1) (a) ON AND AFTER JANUARY 1, 1999, A VACANCY IN THE SUPREME COURT CREATED BY ANY REASON OTHER THAN THE EXPIRATION OF A TERM, FAILURE TO FILE A DECLARATION FOR RETENTION IN OFFICE UNDER SECTION 25, OR CERTIFICATION OF A NEGATIVE MAJORITY VOTE ON THE QUESTION OF RETENTION IN OFFICE UNDER SECTION 25 SHALL BE FILLED BY APPOINTMENT BY THE STATE CENTRAL COMMITTEE OF THE POLITICAL PARTY OF THE JUSTICE WHO CREATED THE VACANCY; EXCEPT THAT, IF THE JUSTICE WAS NOT A MEMBER OF A POLITICAL PARTY, THE VACANCY SHALL BE FILLED BY APPOINTMENT BY THE GOVERNOR. A PERSON APPOINTED TO FILL A VACANCY SHALL SERVE UNTIL THE SECOND TUESDAY OF JANUARY FOLLOWING THE NEXT GENERAL ELECTION UNLESS THE VACANCY OCCURS LESS THAN SIXTY DAYS PRIOR TO A GENERAL ELECTION, IN WHICH CASE THE PERSON SHALL SERVE UNTIL THE SECOND TUESDAY IN JANUARY FOLLOWING THE SECOND GENERAL ELECTION AFTER THE VACANCY WAS CREATED.

(b) ON AND AFTER JANUARY 1, 1999, a vacancy in ~~any judicial office in any court of record~~ ANY INTERMEDIATE APPELLATE COURT shall be filled by appointment of the governor WITH THE CONSENT OF THE SENATE from a list of three nominees, ~~for the supreme court and any intermediate appellate court, and from a list of two or three nominees for all other courts of record,~~ such list to be certified to ~~him~~ THE GOVERNOR by the supreme court nominating commission. ~~for a vacancy in the supreme court or a vacancy in any intermediate appellate court, and by the judicial district nominating commission for a vacancy in any other court in that district.~~ A MAJORITY VOTE OF THE SENATE AGAINST CONFIRMATION OF ANY APPOINTMENT CREATES AN IMMEDIATE VACANCY IN THE OFFICE FOR WHICH THE APPOINTMENT WAS MADE. ON OR AFTER JANUARY 1, 1999, IF A VACANCY IN ANY INTERMEDIATE APPELLATE COURT OCCURS ON OR AFTER NOVEMBER 15 AND PRIOR TO THE FIFTYFIFTH DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY, THE JUDGE APPOINTED TO FILL THE VACANCY SHALL NOT SERVE UNTIL THE SENATE HAS CONFIRMED THE APPOINTMENT OR A REGULAR SESSION OF THE GENERAL ASSEMBLY HAS ADJOURNED WITHOUT THE WHOLE SENATE HAVING TAKEN A VOTE ON THE CONFIRMATION. ON OR AFTER JANUARY 1, 1999, IF A VACANCY IN ANY INTERMEDIATE APPELLATE COURT OCCURS ON OR AFTER THE FIFTYFIFTH DAY OF A REGULAR SESSION OF THE GENERAL ASSEMBLY AND PRIOR TO THE FOLLOWING NOVEMBER 15, THE JUDGE APPOINTED TO FILL THE VACANCY MAY SERVE FOR AN INTERIM PERIOD UNTIL A VOTE OF THE WHOLE SENATE IS TAKEN ON THE CONFIRMATION OR A REGULAR SESSION OF THE SENATE ADJOURNS WITHOUT THE WHOLE SENATE HAVING TAKEN A VOTE ON THE CONFIRMATION, WHICHEVER OCCURS FIRST. IF THE WHOLE SENATE CONFIRMS AN APPOINTMENT OR FAILS TO TAKE A VOTE ON THE CONFIRMATION, THE PROVISIONAL TERM OF THE JUDGE IS DEEMED TO HAVE COMMENCED ON THE DATE THAT THE JUDGE TOOK OFFICE FOR THE INTERIM PERIOD.

(c) A VACANCY IN ANY JUDICIAL OFFICE IN ANY COURT OF RECORD OTHER THAN THE SUPREME COURT OR ANY INTERMEDIATE APPELLATE COURT SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR FROM A LIST OF TWO OR THREE NOMINEES, SUCH LIST TO BE CERTIFIED TO THE GOVERNOR BY THE JUDICIAL DISTRICT NOMINATING COMMISSION FOR A VACANCY IN THAT DISTRICT.

(d) In case of more than one vacancy in any ~~such~~ court EXCEPT THE SUPREME COURT, the list shall contain not less than two more nominees than there are vacancies to be filled. The list shall be submitted by the nominating commission not later than thirty days after the death, retirement, tender of resignation, removal under section 23, failure of an incumbent to file a declaration under section 25, or certification of a negative majority vote on the question of retention in office under section 25 hereof, OR A NEGATIVE VOTE BY THE WHOLE SENATE ON AN OFFICE REQUIRING SENATE CONFIRMATION. If the governor shall fail to make the appointment (or all of the appointments in case of multiple vacancies) from such list within fifteen days from the day it is submitted to ~~him~~ THE GOVERNOR, the appointment (or the remaining appointments in case of multiple vacancies) shall be made by the chief justice of the supreme court from the same list within the next fifteen days. A ~~justice or~~ judge, OTHER THAN A JUSTICE OF THE SUPREME COURT, appointed under the provisions of this section shall hold office for a provisional term of two years and then until the second Tuesday in January following the next general election. A nominee shall be under the age of seventytwo years at the time his OR HER name is submitted to the governor.

Section 24 (1), (2), and (4) of article VI of the constitution of the state of Colorado are amended to read:

Section 24. Judicial nominating commissions. (1) There shall be one judicial nominating commission for ~~the supreme court and any~~ ALL intermediate appellate ~~court~~ COURTS to be called the ~~supreme~~ APPELLATE court nominating commission and one judicial nominating commission for each judicial district in the state.

(2) The ~~supreme~~ APPELLATE court nominating commission shall consist of the chief justice or acting chief justice of the supreme court, ex officio, who shall act as ~~chairman~~ CHAIR and shall have no vote, one citizen admitted to practice law before the courts of this state and one other citizen not admitted to practice law in the courts of this state residing in each congressional district in the state, and one additional citizen not admitted to practice law in the courts of this state. No more than onehalf of the commission members plus one, exclusive of the chief justice, shall be members of the same political party. Three voting members shall serve until December 31, 1967, three until December 31, 1969, and three until December 31, 1971. Thereafter each voting member appointed shall serve until the 31st of December of the 6th year following the date of his OR HER appointment.

(4) Members of each judicial nominating commission selected by reason of their being citizens admitted to practice law in the courts of this state shall be appointed by majority action of the governor, the attorney general and the chief justice. All other members shall be appointed by the governor. No voting member of a judicial nominating commission shall hold any elective and salaried United States or state public office or any elective political party office and he THE VOTING MEMBER shall not be eligible for reappointment to ~~succeed himself~~ SUCCESSIVE TERMS on a commission. No voting member of the ~~supreme~~ APPELLATE court nominating commission shall be eligible for appointment as a ~~justice~~ JUDGE of ~~the supreme court or~~ any intermediate appellate court ~~so long as he is~~ WHILE a member of that commission and for a period of three years thereafter; and no voting member of a judicial district nominating commission shall be eligible for appointment to judicial office in that district while a member of that commission and for a period of one year thereafter.

Section 25 of article VI of the constitution of the state of Colorado is amended to read:

Section 25. Election of justices and judges. (1) (a) EXCEPT AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (1), JUSTICES OF THE SUPREME COURT SHALL BE NOMINATED AT PRIMARY ELECTIONS OR BY PETITION. JUSTICES OF THE SUPREME COURT SHALL BE ELECTED AT A GENERAL ELECTION BY THE ELECTORS OF THE STATE AT LARGE.

(b) A JUSTICE OF THE SUPREME COURT WHO HAS BEEN ELECTED AND WHO SHALL DESIRE TO RETAIN HIS OR HER OFFICE FOR A SECOND TERM AFTER THE EXPIRATION OF THE FIRST TERM OF OFFICE SHALL FILE WITH THE SECRETARY OF STATE, NOT MORE THAN SIX MONTHS NOR LESS THAN THREE MONTHS PRIOR TO THE GENERAL ELECTION NEXT PRIOR TO THE EXPIRATION OF THE JUSTICE'S FIRST TERM OF OFFICE, A DECLARATION OF THE JUSTICE'S INTENT TO RUN FOR A SECOND TERM. FAILURE TO FILE SUCH A DECLARATION WITHIN THE TIME SPECIFIED SHALL CREATE A VACANCY IN THAT OFFICE AT THE END OF THE FIRST TERM OF OFFICE. UPON THE FILING OF SUCH A DECLARATION, A QUESTION SHALL BE PLACED ON THE APPROPRIATE BALLOT AT SUCH GENERAL ELECTION, AS FOLLOWS:

"SHALL JUSTICE .... OF THE SUPREME COURT BE RETAINED IN OFFICE? YES/..../NO/..../." IF A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE "YES", THE JUSTICE IS THEREUPON ELECTED TO A SECOND FULL TERM. IF A MAJORITY OF THOSE VOTING ON THE QUESTION VOTE "NO", THIS WILL CAUSE A VACANCY TO EXIST IN THAT OFFICE AT THE END OF THE PRESENT TERM OF OFFICE.

(c) A JUSTICE OF THE SUPREME COURT WHO DESIRES TO SERVE A THIRD OR SUBSEQUENT TERM OF OFFICE SHALL BE ELECTED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1).

(2) (a) A ~~justice of the supreme court or a~~ judge of any ~~other~~ court of record OTHER THAN A JUSTICE OF THE SUPREME COURT, who shall desire to retain his OR HER judicial office for another term after the expiration of ~~his~~ THE JUDGE'S then term of office shall file with the secretary of state, not more than six months nor less than three months prior to the general election next prior to the expiration of ~~his~~ THE JUDGE'S then term of office, a declaration of his OR HER intent to run for another term. Failure to file such a declaration within the time specified shall create a vacancy in that office at the end of ~~his~~ THE JUDGE'S then term of office. Upon the filing of such a declaration, a question shall be placed on the appropriate ballot at such general election, as follows:

"Shall ~~Justice (Judge)~~ JUDGE .... of the ~~Supreme~~ APPELLATE (or other) Court be retained in office? YES/..../NO/..../." If a majority of those voting on the question vote "Yes", the ~~justice or~~ judge is thereupon elected to a succeeding full term. If a majority of those voting on the question vote "No", this will cause a vacancy to exist in that office at the end of ~~his~~ THE JUDGE'S then present term of office.

(b) In the case of a ~~justice of the supreme court or~~ JUDGE OF any intermediate appellate court, the electors of the state at large; in the case of a judge of a district court, the electors of that judicial district; and in the case of a judge of the county court or other court of record, the electors of that county; shall vote on the question of retention in office of the ~~justice or~~ judge.

SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE SELECTION OF JUDGES OF STATEWIDE COURTS, AND, IN CONNECTION THEREWITH, REQUIRING JUSTICES OF THE COLORADO SUPREME COURT TO BE POPULARLY ELECTED AND APPOINTMENTS TO THE COURT OF APPEALS TO BE CONFIRMED BY THE COLORADO SENATE."

SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.