2013
       
       
       
       
       
       
       
       
       
       
       SENATE JOINT RESOLUTION 13-016
       
       
       BY SENATOR(S) Carroll, Hudak, Steadman;
       also REPRESENTATIVE(S) Pabon, Court, Hullinghorst, Kagan, Labuda,
       McLachlan, Melton, Murray, Rosenthal, Schafer, Young, Ferrandino.
       
       
          CONCERNING AUTHORIZING AND DIRECTING THE
       COMMITTEE ON LEGAL SERVICES TO RETAIN LEGAL
       COUNSEL TO REPRESENT THE GENERAL ASSEMBLY AS
       AMICUS CURIAE IN ANY PENDING OR FUTURE LAWSUIT FOR
       THE PURPOSE OF PARTICIPATING ONLY TO ADDRESS THE
       ISSUE OF THE STANDING OF LEGISLATOR-PLAINTIFFS WHEN
       STANDING IS BASED UPON AN INSTITUTIONAL INTEREST OF
       THE GENERAL ASSEMBLY. 
       
       
          WHEREAS, To bring an action in a court of law, a complaint must
       contain allegations that the plaintiff or plaintiffs suffered an injury in fact
       to a legally protected interest as contemplated by statutory or
       constitutional provisions; and
       
          WHEREAS, Such a showing of standing is a jurisdictional
       requirement since courts may exercise their powers only when an actual
       case or controversy exists; and
       
          WHEREAS, For purposes of standing, injuries may arise from
       numerous types of legally protected interests, including institutional
       rights; and
       
          WHEREAS, The General Assembly has constitutionally protected
       institutional interests which, if threatened by injury, will confer standing
       upon the General Assembly, such as the General Assembly's exclusive
       authority to appropriate moneys; and
       
          WHEREAS, The General Assembly's historic practice has been that
       individual legislators cannot sue on behalf of the General Assembly, and
       the General Assembly does not authorize litigation on its own behalf,
       without express authorization through a joint resolution; and
       
          WHEREAS, Despite not being expressly authorized, individual
       legislators may still have a sufficiently cognizable injury to establish
       standing for purpose of advancing an institutional interest if a core
       legislative power of the General Assembly, and thereby the ability of its
       members to fulfill their official responsibilities, has been nullified or
       eliminated; and
       
          WHEREAS, The involvement of the General Assembly as amicus
       curiae on the limited issue of standing of individual legislators who are
       plaintiffs should carry no implication about the views of the General
       Assembly on the merits of such lawsuits; now, therefore,
       
          Be It Resolved by the Senate of the Sixty-ninth General Assembly of
       the State of Colorado, the House of Representatives concurring herein:
       
          That it is in the best interests of the General Assembly and the state of
       Colorado that the General Assembly participate as an amicus curiae in
       any lawsuit in which the General Assembly is not a party but individual
       members are plaintiffs on the limited issue of standing of those
       legislator-plaintiffs when standing is based upon advancing an
       institutional interest of the General Assembly; and
       
          That the Committee on Legal Services, in furtherance of its authority
       under section 2-3-1001, Colorado Revised Statutes, is authorized and
       directed to retain legal counsel to represent the General Assembly through
       participation as an amicus curiae in any pending or future lawsuit in
       which the General Assembly is not a party on the limited issue of        standing of the legislator-plaintiffs if the Committee determines that
       standing is based upon advancing any institutional interest of the General
       Assembly.
       
       
       
       
       
       ____________________________  ____________________________
       John P. Morse                        Mark Ferrandino
       PRESIDENT OF                    SPEAKER OF THE HOUSE
       THE SENATE                        OF REPRESENTATIVES
       
       
       
       
       
       
       ____________________________  ____________________________
       Cindi Markwell                        Marilyn Eddins
       SECRETARY OF                CHIEF CLERK OF THE HOUSE
       THE SENATE                        OF REPRESENTATIVES