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Second Regular Session
Sixty-first General Assembly
LLS NO. R980752.01 JBB
STATE OF COLORADO
BY SENATOR Coffman
SENATE CONCURRENT RESOLUTION 98-005
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT TO SECTION 20 OF ARTICLE VI OF THE CONSTITUTION
OF THE STATE OF COLORADO, CONCERNING SENATE CONFIRMATION OF JUSTICES
OF THE SUPREME COURT.
(Note: This summary applies to this resolution
as introduced and does not necessarily reflect any amendments
that may be subsequently adopted.)
Proposes an amendment to the Colorado constitution
requiring senate confirmation of persons appointed to be justices
of the supreme court. Allows a justice 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 justice may serve his or
her 2year provisional term. Provides that a vacancy in
the supreme court is created immediately upon the senate's voting
not to confirm the 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:
Section 20 (1) of article VI of the constitution of the state of Colorado is amended to read:
Section 20. Vacancies. (1) (a) (I) ON AND AFTER JANUARY 1, 2000, A VACANCY IN THE SUPREME COURT SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR WITH THE CONSENT OF THE SENATE FROM A LIST OF THREE NOMINEES, SUCH LIST TO BE CERTIFIED TO THE GOVERNOR BY THE APPELLATE COURT NOMINATING COMMISSION.
(II) IF THE VACANCY IN THE SUPREME COURT OCCURS ON OR AFTER NOVEMBER 15 AND PRIOR TO THE FIFTYFIFTH DAY OF THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY, THE PERSON APPOINTED TO FILL THE VACANCY SHALL NOT SERVE UNTIL THE SENATE HAS CONFIRMED THE APPOINTMENT OR UNTIL A REGULAR SESSION OF THE GENERAL ASSEMBLY HAS ADJOURNED WITHOUT THE WHOLE SENATE HAVING TAKEN A VOTE ON CONFIRMATION.
(III) IF THE VACANCY IN THE SUPREME COURT OCCURS ON OR AFTER THE FIFTYFIFTH DAY OF A REGULAR SESSION OF THE GENERAL ASSEMBLY AND PRIOR TO THE FOLLOWING NOVEMBER 15, THE PERSON APPOINTED MAY SERVE FOR AN INTERIM PERIOD UNTIL A VOTE OF THE WHOLE SENATE IS TAKEN ON THE CONFIRMATION OR UNTIL THE NEXT REGULAR SESSION OF THE GENERAL ASSEMBLY ADJOURNS WITHOUT THE SENATE HAVING TAKEN A VOTE ON CONFIRMATION, WHICHEVER OCCURS FIRST.
(IV) IF THE PERSON APPOINTED TO FILL THE VACANCY HAS BEGUN TO SERVE WITHOUT SENATE CONFIRMATION UNDER THE CIRCUMSTANCES SET FORTH IN SUBPARAGRAPH (II) OR (III) OF THIS PARAGRAPH (a), MAJORITY VOTE OF THE SENATE AGAINST CONFIRMATION OF THAT PERSON'S APPOINTMENT SHALL CREATE AN IMMEDIATE VACANCY IN THE SUPREME COURT.
(V) IF THE WHOLE SENATE CONFIRMS AN APPOINTMENT OR FAILS TO TAKE A VOTE ON THE CONFIRMATION, THE PROVISIONAL TERM OF THE JUSTICE IS DEEMED TO HAVE COMMENCED ON THE DATE THAT THE JUSTICE TOOK OFFICE FOR THE INTERIM PERIOD.
(b) A vacancy in any judicial office in
any court of record EXCEPT THE SUPREME COURT shall be filled by
appointment of the governor, 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
THE GOVERNOR by the supreme
APPELLATE 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
(c) In case of more than one vacancy in
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
certification of a negative majority vote on the question of retention
in office under section 25 hereof, OR A MAJORITY VOTE OF THE SENATE
AGAINST CONFIRMATION OF A SUPREME COURT JUSTICE. 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
(d) A justice or judge 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.
(e) A nominee shall be under the age of seventytwo years at the time his OR HER name is submitted to the governor.
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 SECTION 20 OF ARTICLE VI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING SENATE CONFIRMATION OF JUSTICES OF THE SUPREME COURT."
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.