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Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0752.01 JBB

STATE OF COLORADO




BY SENATOR Coffman

JUDICIARY

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.


Resolution Summary

(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 to him 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 district.

(c)  In case of more than one vacancy in any such 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 25, or 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 days.

(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.