First Regular Session

Sixty-second General Assembly

LLS NO. R99­0630.03 Jerry Barry

STATE OF COLORADO

BY SENATOR Andrews;

also REPRESENTATIVE Lee.

JUDICIARY

SENATE CONCURRENT RESOLUTION 99-004

CONCERNING THE SUBMISSION TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO OF AN AMENDMENT TO THE COLORADO CONSTITUTION CONCERNING JUDICIAL PERSONNEL, AND, IN CONNECTION THEREWITH, LIMITING FUTURE TERMS OF OFFICE FOR CERTAIN STATE COURT JUSTICES, JUDGES, AND MAGISTRATES; PROVIDING THAT THE GOVERNOR NOMINATE ALL STATE COURT JUSTICES, JUDGES, AND MAGISTRATES SUBJECT TO SENATE CONFIRMATION AND LATER VOTER APPROVAL; ESTABLISHING A PROCEDURE FOR REMOVAL ELECTIONS; REQUIRING ANY JUSTICE, JUDGE, OR MAGISTRATE WHO IS CONVICTED OF CERTAIN CRIMES, RECEIVES A NEGATIVE DISCIPLINARY FINDING, OR IS THE SUBJECT OF A REMOVAL PETITION TO STAND FOR ELECTION; PROVIDING THAT ANY JUSTICE, JUDGE, OR MAGISTRATE RECEIVING A MAJORITY OF LESS THAN SIXTY PERCENT AT AN ELECTION IS RETAINED OR NOT REMOVED FOR ONE YEAR ONLY; REQUIRING RECORDS AND REPORTS ON EACH JUSTICE, JUDGE, AND MAGISTRATE TO BE PUBLIC AND COMPUTER ACCESSIBLE; REQUIRING THAT VOTERS RECEIVE SPECIFIED INFORMATION ON EACH JUSTICE, JUDGE, AND MAGISTRATE STANDING FOR ELECTION; PROHIBITING CERTAIN PERSONS FROM SERVING AS ACTIVE OR RETIRED JUDGES OR IN OTHER JUDICIAL POSITIONS; PROVIDING ENFORCEMENT PROCEDURES; AND REPEALING CERTAIN CONSTITUTIONAL PROVISIONS TO CONFORM WITH THIS AMENDMENT.

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 that would limit future terms of state court justices, judges, and magistrates to 4 years and prohibit certain justices, judges, and magistrates from serving more than 3 future terms at each court level. Establishes fixed terms of office for all justices, judges, and magistrates that expire on November 15 of even numbered years.

For new justices, judges, and magistrates, allows the governor to nominate any qualified elector who resides in the court district even if the person was not recommended by a judicial nominating commission. Prohibits any state court justice, judge, or magistrate from taking office until approved by the senate following a public hearing held after at least 10 days' notice. Requires all state court justices, judges, and magistrates to face a retention election in the next yearly election that is at least 90 days after approval by the senate.

Requires the supreme court to suspend without pay any justice, judge, or magistrate who is convicted of a felony or misdemeanor or concerning whom any negative finding has been made by the commission on judicial discipline. Requires any such justice, judge, or magistrate to face a retention election in the next yearly election that is at least 90 days after the conviction or finding.

Requires a removal election if signatures, not to exceed 5% of the total votes cast in the court district for the office of secretary of state, are collected within a 12­month period on petitions requesting the removal of any active or retired justice, judge, or magistrate. Provides procedures for collection of signatures and certifying removal petitions.

If a justice, judge, or magistrate is retained or not removed at an election by a majority of less than 60%, provides that the justice, judge, or magistrate is only retained or not removed until the next yearly election.

Establishes that all future complaints, papers, hearings, and findings of the commission on judicial discipline are public and must be made computer accessible within 5 days.

Requires that calendar year information concerning the caseload, case resolution time, continuances, hours of attendance, and criminal sentencing information for each justice, judge, or magistrate be made public and computer accessible by the following March 1. For each justice, judge, or magistrate facing a retention or removal election, requires that ballot information booklets and mailed election notices contain only specified information.

Prohibits term­limited, mandatorily retired, removed from office, or defeated justices, judges, and magistrates from serving as active or retired judges.

Repeals conflicting provisions of the Colorado constitution.

Be It Resolved by the Senate of the Sixty­second 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 the 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:

Article VI of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:

Section 27.  State judicial personnel ­ selection, retention, and removal. (1)  Term limits. EXCEPT FOR THE INITIAL FUTURE TERM OF OFFICE THAT SHALL BE SHORTER, FUTURE TERMS OF OFFICE FOR COUNTY, DISTRICT, PROBATE, JUVENILE, WATER, COURT OF APPEALS, AND SUPREME COURT JUDGES SHALL BE FOUR YEARS AND SHALL END ON NOVEMBER 15 OF AN EVEN­NUMBERED YEAR. AT EACH LEVEL, NO ONE SHALL SERVE MORE THAN THREE FUTURE TERMS OF OFFICE. ANY FUTURE PARTIAL TERM, INCLUDING COMPLETING THE TERM OF ANOTHER JUDGE, SHALL ALSO BE A TERM OF OFFICE. ANYONE WHO HAS SERVED EIGHT YEARS OR MORE AT ONE COURT LEVEL SHALL BE ELIGIBLE FOR ONLY ONE FUTURE TERM AT THAT LEVEL.

(2)  Selection. THE GOVERNOR SHALL APPOINT ALL FUTURE COUNTY, DISTRICT, PROBATE, JUVENILE, WATER, COURT OF APPEALS, AND SUPREME COURT JUDGES. NO ONE SHALL TAKE OFFICE WITHOUT SENATE APPROVAL FOLLOWING A HEARING WITH PUBLIC TESTIMONY, HELD TEN DAYS OR MORE AFTER PUBLIC NOTICE. ACTIVE JUDGES NEED NOT BE CHOSEN FROM A NOMINATING COMMISSION LIST, BUT SHALL BE QUALIFIED ELECTORS RESIDING IN THE COURT DISTRICT THEY SERVE. ACTIVE JUDGES SHALL FACE AN ELECTION ON THE NEXT YEARLY STATE ELECTION DATE AT LEAST NINETY DAYS AFTER SENATE APPROVAL.

(3)  Retention and removal. (a)  DESPITE ANY APPEAL, SENTENCE DELAY, OR OTHER EXCUSE, ANY NEGATIVE DISCIPLINE COMMISSION FINDING OR ANY MISDEMEANOR OR FELONY CONVICTION SHALL SUSPEND ANY ACTIVE JUDGE WITHOUT PAY AND COMPEL A RETENTION VOTE ON THE NEXT YEARLY STATE ELECTION DATE THAT IS AT LEAST NINETY DAYS AFTER THE FINDING OR CONVICTION. ANY ACTIVE JUDGE SHALL BE SUBJECT TO REMOVAL ON THE NEXT YEARLY STATE ELECTION DATE AT LEAST NINETY DAYS AFTER PETITION FORMS CIRCULATED BY ANY ADULT STATE RESIDENTS ARE FILED WITH REQUIRED ENTRIES OF REGISTERED ELECTORS IN THAT COURT DISTRICT COLLECTED WITHIN A TWELVE­MONTH PERIOD, NOT TO EXCEED FIVE PERCENT OF THE GENERAL ELECTION VOTES CAST IN THAT COURT DISTRICT FOR ALL SECRETARY OF STATE CANDIDATES. COMPLETED ENTRIES WITH AN ATTACHED CIRCULATOR OATH ARE DEEMED VALID UNLESS INCUMBENTS, WITHIN FOURTEEN DAYS AFTER FILING OF THE ENTRIES, PROVE ENOUGH ENTRIES INVALID. RANDOM SAMPLING IS PROHIBITED. ABSENT SYSTEMATIC FRAUD, IF A PETITION WITH SUFFICIENT ENTRIES IS INVALIDATED, PETITIONERS SHALL HAVE FOURTEEN DAYS TO FILE MORE ENTRIES MADE AT ANY TIME. THIRD FILINGS ARE BARRED. ONLY PETITIONERS MAY APPEAL, AND SHALL PREVAIL UNLESS THE SUPREME COURT, GIVING NO WEIGHT TO APPEALED FINDINGS, RULES OTHERWISE ON THE MERITS WITHIN FOURTEEN DAYS OF THE FILING OF THE APPEAL. ONE OR MORE MEMBERS OF THE SAME COURT MAY BE NAMED IN THE SAME PETITION WITHOUT INCREASING REQUIRED ENTRIES, BUT BALLOT QUESTIONS AND OTHER PROCEDURES SHALL BE SEPARATE. DELIVERY OF THE MASTER PETITION FORM, CONCLUSIVELY VALID, SHALL BEGIN THE COLLECTION PERIOD. NO PETITION OR BALLOT SHALL LIST REASONS FOR OR AGAINST REMOVAL.

(b)  TO INFORM POTENTIAL VOTERS AT ANY RETENTION OR REMOVAL ELECTIONS:

(I)  ALL FUTURE APPELLATE OPINIONS AND DISCIPLINE COMMISSION COMPLAINTS, PAPERS, HEARINGS, AND FINDINGS SHALL BE PUBLIC AND COMPUTER ACCESSIBLE WITHIN FIVE DAYS;

(II)  COMPLETE CALENDAR YEAR RECORDS ON CASELOAD, CASE RESOLUTION TIME, CONTINUANCES, HOURS OF DAILY COURTHOUSE ATTENDANCE, AND CRIMINAL SENTENCING BY EACH JUDGE SHALL BE PUBLIC AND COMPUTER ACCESSIBLE BY THE FOLLOWING MARCH 1; AND (III)  IN TWELVE­POINT OR LARGER TYPE, BALLOT INFORMATION BOOKLETS AND MAILED ELECTION NOTICES SHALL INCLUDE ONLY A FINDING OR CONVICTION REFERRED TO IN PARAGRAPH (a) OF THIS SUBSECTION (3), A TRUE SUMMARY OF THE LATEST YEARLY RECORD, AND UP TO FIVE HUNDRED WORDS EACH FOR THE INCUMBENT AND A SUMMARY BY THE ELECTION OFFICIAL OF ALL COMMENTS AGAINST RETENTION OR FOR REMOVAL, WHICH MAY BE FILED OR MAILED BY ANY PERSON OR GROUP. NO JUDICIAL PERFORMANCE COMMISSION REVIEW SHALL BE MENTIONED IN SUCH BOOKLETS OR NOTICES.

(c)  A MAJORITY UNDER SIXTY PERCENT SHALL RETAIN THAT INCUMBENT, OR DELAY REMOVAL, ONLY UNTIL THE NEXT NOVEMBER 15 AFTER THE NEXT YEARLY STATE ELECTION.

(4)  General provisions and enforcement. (a)  FOR PURPOSES OF THIS SECTION, "JUDGE" ALSO MEANS JUSTICE AND MAGISTRATE.

(b)  THIS SECTION SHALL TAKE EFFECT NOVEMBER 7, 2000, OR AS STATED. IT SHALL BE STRICTLY CONSTRUED; GOOD FAITH AND SUBSTANTIAL COMPLIANCE ARE INSUFFICIENT. ITS PROVISIONS ARE SEVERABLE AND SELF­EXECUTING, AND SHALL NOT BE BALANCED OR HARMONIZED WITH, BUT SHALL SUPERSEDE, CONFLICTING LAWS. ANY PERSON OR GROUP SHALL HAVE STANDING TO ENFORCE THIS SECTION. SUITS SHALL BE FILED AND ORALLY ARGUED IN THE SUPREME COURT AND, EXCEPT FOR APPEALS UNDER PARAGRAPH (a) OF SUBSECTION (3) OF THIS SECTION, DECIDED WITHIN SIXTY DAYS OF FILING. ATTORNEY FEES AND COSTS SHALL ALWAYS BE PAID ONLY TO PLAINTIFFS SUCCESSFULLY ENFORCING THIS SECTION.

(c)  NO ONE SHALL EVER SERVE AS AN ACTIVE OR RETIRED JUDGE AFTER MANDATORY RETIREMENT, REMOVAL BY DISCIPLINE OR ELECTION, RESIGNATION WITH A RETENTION OR REMOVAL ELECTION PENDING, OR DEFEAT FOR RETENTION. NO ONE SHALL SERVE AS A RETIRED JUDGE AFTER BEING TERM­LIMITED.

Repeal.  Sections 7 and 8, the second sentence of section 10 (2), and sections 11, 14, 15, 20 (1), and 23 (3) (g) of article VI of the constitution of the state of Colorado are repealed, effective November 7, 2000.

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 THE COLORADO CONSTITUTION CONCERNING JUDICIAL PERSONNEL, AND, IN CONNECTION THEREWITH, LIMITING FUTURE TERMS OF OFFICE FOR CERTAIN STATE COURT JUSTICES, JUDGES, AND MAGISTRATES; PROVIDING THAT THE GOVERNOR NOMINATE ALL STATE COURT JUSTICES, JUDGES, AND MAGISTRATES SUBJECT TO SENATE CONFIRMATION AND LATER VOTER APPROVAL; ESTABLISHING A PROCEDURE FOR REMOVAL ELECTIONS; REQUIRING ANY JUSTICE, JUDGE, OR MAGISTRATE WHO IS CONVICTED OF CERTAIN CRIMES, RECEIVES A NEGATIVE DISCIPLINARY FINDING, OR IS THE SUBJECT OF A REMOVAL PETITION TO STAND FOR ELECTION; PROVIDING THAT ANY JUSTICE, JUDGE, OR MAGISTRATE RECEIVING A MAJORITY OF LESS THAN SIXTY PERCENT AT AN ELECTION IS RETAINED OR NOT REMOVED FOR ONE YEAR ONLY; REQUIRING RECORDS AND REPORTS ON EACH JUSTICE, JUDGE, AND MAGISTRATE TO BE PUBLIC AND COMPUTER ACCESSIBLE; REQUIRING THAT VOTERS RECEIVE SPECIFIED INFORMATION ON EACH JUSTICE, JUDGE, AND MAGISTRATE STANDING FOR ELECTION; PROHIBITING CERTAIN PERSONS FROM SERVING AS ACTIVE OR RETIRED JUDGES OR IN OTHER JUDICIAL POSITIONS; PROVIDING ENFORCEMENT PROCEDURES; AND REPEALING CERTAIN CONSTITUTIONAL PROVISIONS TO CONFORM WITH THIS AMENDMENT."

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.