Click here for Fiscal Note

An Act

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


Created: 3/25/98 Updated: 3/25/98