Colorado Legislative Council Staff

STATE

FISCAL NOTE

General Fund Expenditure Impact


Drafting Number:

Prime Sponsor(s):

LLS 98-386

Rep. Kaufman

Date:

Bill Status:

Fiscal Analyst:

January 15, 1998

House Judiciary

Janis Baron (866-3523)

 

TITLE:            CONCERNING CREATION OF A JUDICIAL RESOURCES COMMISSION.



Summary of Legislation


STATE FISCAL IMPACT SUMMARY

FY 1998/99

FY 1999/2000

State Revenues

General Fund

Other Fund



 



 

State Expenditures

General Fund


$ 58,282


$ 50,202

FTE Position Change

1.0

1.0

Local Government Impact — NONE


            The bill creates a 15-member Judicial Resources Commission (JRC), with term membership set at six years wherein one-third of the commission is appointed/reappointed every two years. The bill includes a number of provisions pertaining to judicial vacancies and how they are to be filled as identified below:


JRC — Requirements and Responsibilities

               the JRC is to determine a judicial vacancy (both district and county) in the event of a death, retirement, resignation, removal, failure to file for retention, or negative vote on retention, based on judicial workload statistics developed by the State Court Administrator;

               the JRC is to hold a public hearing to decide whether a vacancy should be filled if the average workload of the judicial district or county is below the state median;

               the JRC is to conduct public hearings on December 15th of each year to determine whether: (1) increases or reductions in the number of district or county judges are appropriate, and (2) judicial district boundaries or the number of judicial districts should be changed, and to issue a report by the end of each year; and

               the JRC may review caseload statistics and receive assistance from the State Court Administrator.



Other Pertinent Requirements in the Bill

               prohibits the General Assembly from increasing the number of district or county judges unless approved by the JRC;

               requires the State Court Administrator to develop a system for measuring judicial workloads;

               sets the total number of district judges at 110, and after July 1, 1998, 112;

               sets the total number of county judges at 97; and

               permits reimbursement for expenses for JRC members.


            The bill is effective July 1, 1998, and applies to judicial vacancies occurring on or after such date.



State Expenditures


            The Judicial Department will require $58,282 General Fund and 1.0 FTE to comply with the bill’s provisions in FY 1998-99.


            Support Staff — The JRC will require support staff to: (1) develop and maintain a uniform system to measure judicial workload statistics; and (2) coordinate JRC meetings. Personal services and operating costs for 1.0 Management Analyst II are identified at $53,782 in FY 1998-99 and $49,782 in FY 1999-00.


            Commission Expenses — The bill allows that JRC members be reimbursed for mileage and expenses. Costs for both FY 1998-99 and FY 1999-00 are identified at $6,620 accordingly:


            JRC Meetings/Hearings Costs — (5 meetings annually @ $250/meeting = $1,250)

            JRC Mileage — (9 members x 50 miles x .20 = $90; 6 members x 350 miles x .20 = $420

                        $510 x 5 meetings = $2,550)

            JRC Meals and Lodging — ($94 x 6 members x 5 meetings = $2,820)



Expenditures Not Included


            Pursuant to the Joint Budget Committee’s budget policies, the following expenditures have not been included in this fiscal note:

 

               health and life insurance costs;

               short-term disability costs;

               inflationary cost factors;

               leased space; and

               indirect costs.





Spending Authority


            The fiscal note indicates that for FY 1998-99, the Judicial Department should receive a General Fund appropriation of $58,282 and 1.0 FTE.



Departments Contacted


            Judicial