HOUSE BILL 981132
BY REPRESENTATIVE Epps;
also SENATOR Wham.
CONCERNING APPOINTMENT OF COUNTY JUDGES PURSUANT
TO AGREEMENT OF THE PARTIES.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 133111,
Colorado Revised Statutes, is amended to read:
133111. Appointment of
retired or resigned justice or judge pursuant to agreement of
parties appointment discretionary.
(1) Upon agreement of all appearing parties to a civil
action that a specific retired or resigned justice of the supreme
court or a retired or resigned judge of any other court be assigned
to hear the action and upon agreement that one or more of the
parties shall pay the agreed upon salary of the selected justice
or judge, together with all other salaries and expenses incurred,
the chief justice may assign any retired or resigned justice or
retired or resigned intermediate appellate, district, COUNTY,
probate, or juvenile court judge who consents temporarily to perform
judicial duties for such action.
(2) The decision as to whether a retired
or resigned justice or judge shall be assigned to judicial duties,
pursuant to subsection (1) of this section, shall be entirely
within the discretion of the chief justice. The chief justice
may require such undertakings as in his or her opinion may be
necessary to insure
ENSURE that proceedings held pursuant to this section shall be
without expense to the state.
(3) Such appointment may be made at any
time after the action is at issue.
(4) Orders, decrees, verdicts, and judgments
resulting from hearings or trials presided over by a judge appointed
pursuant to this section shall have the same force and effect
as orders, decrees, verdicts, or judgments resulting from a hearing
or trial presided over by a regularly serving judge.
(5) Orders, decrees, verdicts, and judgments
resulting from hearings or trials presided over by a judge appointed
pursuant to this section may be enforced or appealed in the same
manner as orders, decrees, verdicts, or judgments resulting from
a hearing or trial presided over by a regularly sitting judge.
(6) The salaries and expenses paid to
judges appointed pursuant to this section shall be at the rate
agreed upon by the parties and the judge.
(7) The supreme court may promulgate such
rules as may be necessary to implement this section.
SECTION 2. 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 Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO