SENATE BILL 97144
BY SENATORS Wham, Hopper, Mutzebaugh, and Tanner;
also REPRESENTATIVE Adkins.
CONCERNING COMPENSATION OF COUNTY JUDGES BASED ON
WORKLOAD.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1330103 (1) (k),
Colorado Revised Statutes, 1987 Repl. Vol., is amended BY THE
ADDITION OF A NEW SUBPARAGRAPH to read:
1330103. Compensation of justices
and judges repeal. (1) In
addition to the provisions of section 1330104, the
following salaries for the following officers shall apply:
(k) (V) THIS PARAGRAPH (k) IS REPEALED,
EFFECTIVE JULY 1, 1998.
SECTION 2. 1330103
(1), Colorado Revised Statutes, 1987 Repl. Vol., as amended, is
amended BY THE ADDITION OF A NEW PARAGRAPH to read:
1330103. Compensation of
justices and judges repeal. (1) In
addition to the provisions of section 1330104, the
following salaries for the following officers shall apply:
(l) (I) EFFECTIVE JULY 1, 1998, THE
ANNUAL SALARY OF JUDGES OF THE COUNTY COURT IN EACH CLASS C OR
CLASS D COUNTY, AS DEFINED IN SECTION 136201, AND
THE ANNUAL SALARIES OF ALL SPECIAL ASSOCIATE, ASSOCIATE, AND ASSISTANT
COUNTY JUDGES SHALL BE DETERMINED ANNUALLY BY THE CHIEF JUSTICE
AND CERTIFIED TO THE GENERAL ASSEMBLY AND THE CONTROLLER PURSUANT
TO PROCEDURES APPROVED BY THE SUPREME COURT. THE CERTIFICATION
SHALL INCLUDE THE WORKLOAD MEASURES DEVELOPED PURSUANT TO SUBPARAGRAPH
(II) OF THIS PARAGRAPH (l). IN DETERMINING THE SALARIES TO TAKE
EFFECT ON JULY 1 OF EACH YEAR, THE CHIEF JUSTICE SHALL USE THE
AVERAGE NUMBER OF CASES FILED ANNUALLY IN EACH COUNTY COURT DURING
THE THREEYEAR PERIOD ENDING ON THE PREVIOUS DECEMBER 31.
(II) PROCEDURES USED TO CALCULATE INCREMENTAL
PARTTIME COUNTY JUDGE WORKLOAD SALARY LEVELS SHALL BE BASED
ON THE METHOD USED TO DETERMINE THE NEED FOR FULLTIME COUNTY
JUDGES AS ESTABLISHED AND APPROVED BY THE SUPREME COURT AND SHALL
TAKE INTO ACCOUNT CASE TYPES, CASE PROCESSING REQUIREMENTS, SUPPORT
STAFF ASSISTANCE, TRAVEL, AND SUCH OTHER FACTORS AS ARE RELEVANT
TO WORKLOAD ASSESSMENT. SALARIES FOR PARTTIME COUNTY JUDGES
SHALL BEGIN AT TWENTY PERCENT OF THE AMOUNT OF A FULLTIME
COUNTY JUDGE SALARY, AS SPECIFIED IN PARAGRAPH (j) OF THIS SUBSECTION
(1) AND SECTION 1330104, AND INCREASE BY FIVE PERCENT
INCREMENTS COMMENSURATE WITH INCREASES IN THE PARTTIME COUNTY
JUDGE'S WORKLOAD, UP TO NINETY PERCENT OF A FULLTIME COUNTY
JUDGE WORKLOAD.
(III) WHEN THE WORKLOAD FOR A PARTTIME COUNTY JUDGE REACHES EIGHTY PERCENT OF A FULLTIME COUNTY JUDGE WORKLOAD, THE CHIEF JUSTICE MAY ASSIGN THE PARTTIME COUNTY JUDGE TO SERVE ON A FULLTIME BASIS, SO LONG AS THE PARTTIME COUNTY JUDGE MEETS THE QUALIFICATIONS ESTABLISHED FOR COUNTY JUDGES IN CLASS A AND CLASS B COUNTIES, AS SPECIFIED IN SECTION 136203. UPON ASSIGNMENT TO SERVE ON A FULLTIME BASIS, THE PARTTIME COUNTY JUDGE SHALL BE PAID THE FULL AMOUNT OF A COUNTY JUDGE SALARY AS SPECIFIED IN PARAGRAPH (j) OF THIS SUBSECTION (1) AND SECTION 1330104. ASSIGNMENT OF A PARTTIME COUNTY JUDGE TO SERVE ON A FULLTIME BASIS PURSUANT TO THIS SUBPARAGRAPH (III) SHALL NOT AFFECT THE STATUTORY CLASSIFICATION OF THE COUNTY IN WHICH THE PARTTIME COUNTY JUDGE SERVES, AS SPECIFIED IN SECTION 136201.
(IV) NOTWITHSTANDING THE PROVISIONS OF
SUBPARAGRAPH (I) OF THIS PARAGRAPH (l), THE SALARY OF A COUNTY
JUDGE OR SPECIAL ASSOCIATE, ASSOCIATE, OR ASSISTANT COUNTY JUDGE
SERVING IN OFFICE AS OF JUNE 30, 1998, MAY NOT BE REDUCED WHILE
SUCH JUDGE REMAINS IN OFFICE. ANY REDUCTION IN SALARY FOR A JUDGE
APPOINTED AFTER JUNE 30, 1998, SHALL TAKE EFFECT AT THE BEGINNING
OF SUCH JUDGE'S NEXT TERM OF OFFICE.
SECTION 3. 133110 (3) (b),
Colorado Revised Statutes, 1987 Repl. Vol., is amended to read:
133110. Expenses and compensation
of judges outside county of residence.
(3) (b) (I) When any county judge from a
county of Class C or Class D is assigned to perform judicial duties
in any district court pursuant to section 5 (3) of article VI
of the state constitution, he
AND WHEN THE DUTIES THE COUNTY JUDGE PERFORMS INCREASE THE COUNTY
JUDGE'S WORKLOAD BEYOND THE PERCENTAGE OF WORKLOAD FOR WHICH HE
OR SHE IS PAID PURSUANT TO SECTION 1330103 (1) (l),
THE COUNTY JUDGE shall be paid for each day of such judicial duty,
in addition to his
THE COUNTY JUDGE'S normal parttime salary and to reimbursement
for expenses and mileage as provided in this section, an amount
equal to the per diem salary of the judge of the district court
to which he
THE COUNTY JUDGE is assigned.
(II) When any county judge from a county
of Class C or Class D is assigned to perform judicial duties in
any other county court pursuant to section 5 (3) of article VI
of the state constitution, he
AND WHEN THE DUTIES THE COUNTY JUDGE PERFORMS INCREASE THE COUNTY
JUDGE'S WORKLOAD BEYOND THE PERCENTAGE OF WORKLOAD FOR WHICH HE
OR SHE IS PAID PURSUANT TO SECTION 1330103 (1) (l),
THE COUNTY JUDGE shall be paid for each day of such judicial duty,
in addition to his
THE COUNTY JUDGE'S normal parttime salary and to reimbursement
for expenses and mileage as provided in this section, an amount
equal to the per diem salary of a fulltime county judge.
SECTION 4. Effective
date. This act shall take effect upon passage; except that
section 3 of this act shall take effect July 1, 1998.
SECTION 5. 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO