Second Regular Session
Sixty-first General Assembly
LLS NO. R980807.01 JBB
STATE OF COLORADO
BY SENATOR Thiebaut
JUDICIARY
APPROPRIATIONS
SENATE CONCURRENT RESOLUTION 98-006
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT TO ARTICLE VI OF THE CONSTITUTION OF
THE STATE OF COLORADO, CONCERNING JUDICIAL OFFICERS, AND, IN CONNECTION
THEREWITH, PROHIBITING ANY JUSTICE OR JUDGE FROM BEING RETAINED
BY ELECTION FOR MORE THAN TWO CONSECUTIVE FULL TERMS, LIMITING
THE LENGTH OF ANY FULL TERM OF OFFICE FOR A JUSTICE OR JUDGE TO
FOUR YEARS, AND ELIMINATING A JUSTICE OF THE SUPREME COURT FROM
THE POSITION OF CHAIR OF JUDICIAL NOMINATING COMMISSIONS.
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 prohibiting a justice or judge from being retained by election for more than 2 consecutive full terms. Prohibits the governor from appointing a person who has served 2 full consecutive terms as a justice or judge to a new provisional term in the same court. Prohibits justices and judges serving full terms of office on January 15, 1999, from standing for retention if the justice or judge has served 3 full terms of office.
Reduces the term of office for justices of the supreme court and judges of the district courts to 4 years. Limits the term of office for any judge of a court established by the general assembly to 4 years.
Eliminates the chief justice of the supreme court
as the chair of the supreme court nominating commission. Eliminates
the justice of the supreme court designated by the chief justice
as the chair of judicial district nominating commissions.
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 1 of article VI of the constitution of the state of Colorado is amended to read:
Section 1. Vestment of judicial power. (1) The judicial power of the state shall be vested in a supreme court, district courts, a probate court in the city and county of Denver, a juvenile court in the city and county of Denver, county courts, and such other courts or judicial officers with jurisdiction inferior to the supreme court, as the general assembly may, from time to time establish; provided, however, that nothing herein contained shall be construed to restrict or diminish the powers of home rule cities and towns granted under article XX, section 6 of this constitution to create municipal and police courts.
(2) THE TERM OF OFFICE FOR ANY INFERIOR COURT ESTABLISHED BY THE GENERAL ASSEMBLY SHALL NOT EXCEED FOUR YEARS. NO JUDICIAL OFFICER OF A COURT ESTABLISHED BY THE GENERAL ASSEMBLY SHALL BE RETAINED BY AN ELECTION TO SERVE A CONSECUTIVE FULL TERM OF OFFICE MORE THAN TWICE. NO PERSON SERVING AS A JUDICIAL OFFICER OF A COURT CREATED BY THE GENERAL ASSEMBLY FOR TWO CONSECUTIVE FULL TERMS OF OFFICE MAY BE APPOINTED BY THE GOVERNOR PURSUANT TO SECTION 20 OF THIS ARTICLE FOR A NEW PROVISIONAL TERM OF OFFICE IN THE SAME COURT AT THE CONCLUSION OF THE SECOND CONSECUTIVE FULL TERM OF OFFICE.
(3) ANY JUDICIAL OFFICER OF A COURT ESTABLISHED BY THE GENERAL ASSEMBLY SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, MAY CONTINUE TO SERVE UNTIL THE END OF THE FULL TERM OF OFFICE TO WHICH THE JUDICIAL OFFICER WAS RETAINED PURSUANT TO SECTION 25 OF THIS ARTICLE. NO JUDICIAL OFFICER OF A COURT ESTABLISHED BY THE GENERAL ASSEMBLY SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, SHALL BE ELIGIBLE TO STAND FOR RETENTION PURSUANT TO SECTION 25 OF THIS ARTICLE AFTER THE JUDICIAL OFFICER HAS SERVED THREE CONSECUTIVE FULL TERMS OF OFFICE IN THE SAME COURT.
Section 7 of article VI of the constitution of the state of Colorado is amended to read:
Section 7. Term of office.
(1) The full term of office of justices of the supreme
court shall be ten
FOUR years. ON AND AFTER JANUARY 1, 1999, NO PERSON MAY BE RETAINED
AS A JUSTICE OF THE SUPREME COURT BY AN ELECTION PURSUANT TO SECTION
25 OF THIS ARTICLE FOR A CONSECUTIVE FULL TERM OF OFFICE MORE
THAN TWICE. NO PERSON SERVING AS A JUSTICE OF THE SUPREME COURT
FOR TWO CONSECUTIVE FULL TERMS OF OFFICE MAY BE APPOINTED BY THE
GOVERNOR PURSUANT TO SECTION 20 OF THIS ARTICLE FOR A NEW PROVISIONAL
TERM OF OFFICE AS A JUSTICE OF THE SUPREME COURT AT THE CONCLUSION
OF THE SECOND CONSECUTIVE FULL TERM OF OFFICE.
(2) ANY JUSTICE SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, MAY CONTINUE TO SERVE UNTIL THE END OF THE FULL TERM OF OFFICE TO WHICH THE JUSTICE WAS RETAINED PURSUANT TO SECTION 25 OF THIS ARTICLE. NO JUSTICE OF THE SUPREME COURT SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, SHALL BE ELIGIBLE TO STAND FOR RETENTION PURSUANT TO SECTION 25 OF THIS ARTICLE AFTER THE JUSTICE HAS SERVED THREE CONSECUTIVE FULL TERMS OF OFFICE AS A JUSTICE OF THE SUPREME COURT.
Section 10 (2) of article VI of the constitution of the state of Colorado is amended to read:
Section 10. Judicial districts district judges. (2) (a) In each judicial district there shall be one or more judges of the district court. The full term of office of a district judge shall be six years.
(b) ON AND AFTER JANUARY 1, 1999, NO PERSON MAY BE RETAINED AS A JUDGE OF THE DISTRICT COURT BY AN ELECTION PURSUANT TO SECTION 25 OF THIS ARTICLE FOR A CONSECUTIVE FULL TERM OF OFFICE MORE THAN TWICE. NO PERSON SERVING AS A JUDGE OF THE DISTRICT COURT FOR TWO CONSECUTIVE FULL TERMS OF OFFICE MAY BE APPOINTED BY THE GOVERNOR PURSUANT TO SECTION 20 OF THIS ARTICLE FOR A NEW PROVISIONAL TERM OF OFFICE AS A JUDGE OF THE DISTRICT COURT AT THE CONCLUSION OF THE SECOND CONSECUTIVE FULL TERM OF OFFICE.
(c) ANY JUDGE OF THE DISTRICT COURT SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, MAY CONTINUE TO SERVE UNTIL THE END OF THE FULL TERM OF OFFICE TO WHICH THE JUDGE WAS RETAINED PURSUANT TO SECTION 25 OF THIS ARTICLE. NO JUDGE OF A DISTRICT COURT SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, SHALL BE ELIGIBLE TO STAND FOR RETENTION PURSUANT TO SECTION 25 OF THIS ARTICLE AFTER THE JUDGE HAS SERVED THREE CONSECUTIVE FULL TERMS OF OFFICE AS A JUDGE OF THE DISTRICT COURT.
Section 16 of article VI of the constitution of the state of Colorado is amended to read:
Section 16. County judges terms qualifications. (1) In each county there shall be one or more judges of the county court as may be provided by law, whose full term of office shall be four years, and whose qualifications shall be prescribed by law. County judges shall be qualified electors of their counties at the time of their election or appointment.
(2) NO PERSON MAY BE RETAINED AS A JUDGE OF THE COUNTY COURT BY AN ELECTION PURSUANT TO SECTION 25 OF THIS ARTICLE FOR A CONSECUTIVE FULL TERM OF OFFICE MORE THAN TWICE. NO PERSON SERVING AS A JUDGE OF THE COUNTY COURT FOR TWO CONSECUTIVE FULL TERMS OF OFFICE MAY BE APPOINTED BY THE GOVERNOR PURSUANT TO SECTION 20 OF THIS ARTICLE FOR A NEW PROVISIONAL TERM OF OFFICE AS A JUDGE OF THE COUNTY COURT AT THE CONCLUSION OF THE SECOND CONSECUTIVE FULL TERM OF OFFICE.
(3) ANY JUDGE OF THE COUNTY COURT SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, MAY CONTINUE TO SERVE UNTIL THE END OF THE FULL TERM OF OFFICE TO WHICH THE JUSTICE WAS RETAINED PURSUANT TO SECTION 25 OF THIS ARTICLE. NO JUDGE OF THE COUNTY COURT SERVING A FULL TERM OF OFFICE ON JANUARY 15, 1999, SHALL BE ELIGIBLE TO STAND FOR RETENTION PURSUANT TO SECTION 25 OF THIS ARTICLE AFTER THE JUDGE HAS SERVED THREE CONSECUTIVE FULL TERMS OF OFFICE AS A JUDGE OF THE COUNTY COURT.
Section 20 (1) of article VI of the constitution of the state of Colorado is amended to read:
Section 20. Vacancies.
(1) A vacancy in any judicial office in any court
of record 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 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. 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 THE LAST DAY OF A JUSTICE'S
OR JUDGE'S SECOND CONSECUTIVE FULL TERM OF OFFICE. 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. 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. A nominee shall be under the age of seventytwo
years at the time his OR HER name is submitted to the governor.
Section 24 (2) and (3) of article VI of the constitution of the state of Colorado is amended to read:
Section 24. Judicial nominating
commissions. (2) The supreme
court nominating commission shall consist of the
chief justice or acting chief justice of the supreme court, ex
officio, who shall act as chairman and shall have no vote,
one citizen admitted to practice law before the courts of this
state and one other citizen not admitted to practice law in the
courts of this state residing in each congressional district in
the state, and one additional citizen not admitted to practice
law in the courts of this state. No more than onehalf of
the commission members plus one exclusive
of the chief justice, shall be members
of the same political party. Three voting members shall serve
until December 31, 1967, three until December 31, 1969, and three
until December 31, 1971. Thereafter each voting member appointed
shall serve until the 31st of December of the 6th year following
the date of his OR HER appointment.
(3) Each judicial district nominating
commission shall consist of a justice
of the supreme court designated by the chief justice, to serve
at the will of the chief justice who shall act as chairman ex
officio, and shall have no vote, and
seven citizens residing in that judicial district, no more than
four of whom shall be members of the same political party and
there shall be at least one voting member from each county in
the district. In all judicial districts having a population of
more than 35,000 inhabitants as determined by the last preceding
census taken under the authority of the United States, the voting
members shall consist of three persons admitted to practice law
in the courts of this state and four persons not admitted to practice
law in the courts of this state. In judicial districts having
a population of 35,000 inhabitants or less as determined above,
at least four voting members shall be persons not admitted to
practice law in the courts of this state; and it shall be determined
by majority vote of the governor, the attorney general and the
chief justice, how many, if any, of the remaining three members
shall be persons admitted to practice law in the courts of this
state. Two voting members shall serve until December 31, 1967,
two until December 31, 1969, and three until December 31, 1971.
Thereafter each voting member appointed shall serve until the
31st of December of the 6th year following the date of his OR
HER appointment.
Section 25 of article VI of the constitution of the state of Colorado is amended to read:
Section 25. Election of justices
and judges. SUBJECT TO THE LIMITATIONS
ON TERMS IN SECTIONS 1, 7, 10, AND 16 OF THIS ARTICLE, a justice
of the supreme court or a judge of any other court of record,
who shall desire to retain his OR HER judicial office for another
A FIRST OR SECOND CONSECUTIVE FULL term after the expiration of
his then
OR HER term of office shall file with the secretary of state,
not more than six months nor less than three months prior to the
general election next prior to the expiration of his OR HER then
term of office, a declaration of his OR HER intent to run for
another term. Failure to file such a declaration within the time
specified shall create a vacancy in that office at the end of
his then
OR HER FIRST term of office. Upon the filing of such a declaration,
a question shall be placed on the appropriate ballot at such general
election, as follows:
"Shall Justice (Judge) .... of the Supreme (or other) Court be retained in office? YES/..../NO/..../." If a majority of those voting on the question vote "Yes", the justice or judge is thereupon elected to a succeeding full term. If a majority of those voting on the question vote "No", this will cause a vacancy to exist in that office at the end of his OR HER then present term of office.
In the case of a justice of the supreme court or any intermediate appellate court, the electors of the state at large; in the case of a judge of a district court, the electors of that judicial district; and in the case of a judge of the county court or other court of record, the electors of that county; shall vote on the question of retention in office of the justice or judge.
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 ARTICLE VI OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING JUDICIAL OFFICERS, AND, IN CONNECTION THEREWITH, PROHIBITING ANY JUSTICE OR JUDGE FROM BEING RETAINED BY ELECTION FOR MORE THAN TWO CONSECUTIVE FULL TERMS, LIMITING THE LENGTH OF ANY FULL TERM OF OFFICE FOR A JUSTICE OR JUDGE TO FOUR YEARS, AND ELIMINATING A JUSTICE OF THE SUPREME COURT FROM THE POSITION OF CHAIR OF JUDICIAL NOMINATING COMMISSIONS."
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.