Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0386.01 JJC HOUSE BILL 98­1194

STATE OF COLORADO

BY REPRESENTATIVE Kaufman

JUDICIARY

A BILL FOR AN ACT

CONCERNING CREATION OF A JUDICIAL RESOURCES COMMISSION.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Creates a judicial resources commission ("JRC") in the judicial department with the following membership:

! One district court judge, one county court judge, and one justice of the supreme court (who shall be chairperson);

! 6 attorneys appointed by the supreme court; and

! 6 citizens who are neither attorneys nor judges.

Sets the terms for the members at 6 years, with terms staggered so that one­third of the JRC is reappointed every 2 years. Specifies that vacancies are to be filled by appointment for the balance of the term and that members may be reappointed to the JRC.

Requires the JRC to determine a vacancy in the event of a death, retirement, resignation, removal, failure to file for retention, or negative vote on retention of any district or county judge.

Provides that if the average workload of the judicial district or county in which the vacancy arose is at or above the state median, the vacancy will be filled in that same district or county. Determines also that if the average workload of that judicial district or county is below the state median, the JRC shall hold a public hearing and decide whether to fill that vacancy in the district or county where the vacancy occurred or to relocate the vacancy to another district or county. Requires the clerk of the supreme court to then notify the appropriate nominating commission of the vacancy. Permits the JRC to recommend, in the alternative, an increase in the total number of district or county judges or changes in the number of judicial districts or in judicial district boundaries.

Clarifies that any decrease in the number of county judges must comply with the constitutional requirement of at least one county judge in each county in the state.

Requires the supreme court to determine the location of the primary office for the new judge at least 15 days before the nominating commission is to present its list to the governor.

Requires the JRC to hold a public hearing by December 15 of each year to examine the number of judges in each judicial district or county or whether the number of judicial districts or their boundaries should be changed and to issue a report with its recommendations by the end of each year. Specifies that the JRC may review current caseload statistics and receive assistance from the state court administrator.

Requires that the JRC's determinations or recommendations be based on a set of criteria, including workload statistics, access to courts, populations, judicial duties and travel time, and other factors determined by the supreme court.

Prohibits the general assembly from increasing the number of district or county judges unless the JRC so recommends, and requires another public hearing if the general assembly fails to take action when so recommended.

Permits the JRC to adopt necessary rules.

Requires the state court administrator to develop a system of measuring judicial workloads.

Permits reimbursement for expenses for JRC members from the judicial department.

Sets the total number of district judges at 110, and after July 1, 1998, at 112. Eliminates the statutory requirements specifying the number of judges for each judicial district as well as the statutory requirement for the number of judges for divisions in certain judicial districts.

Sets the total number of full­time county judges at 97 and eliminates the statutory requirements specifying the number of county judges in certain counties.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Part 1 of article 3 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

13­3­113.  Judicial resources commission ­ creation ­ members. (1)  THERE IS HEREBY CREATED IN THE JUDICIAL DEPARTMENT THE JUDICIAL RESOURCES COMMISSION, REFERRED TO IN THIS SECTION TO SECTION 13­3­119 AS THE "COMMISSION". MEMBERSHIP ON THE COMMISSION SHALL CONSIST OF:

(a)  THREE JUDGES APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, INCLUDING:

(I)  ONE DISTRICT COURT JUDGE;

(II)  ONE COUNTY COURT JUDGE; AND

(III)  ONE JUSTICE OF THE SUPREME COURT, WHO SHALL SERVE AS CHAIRPERSON OF THE COMMISSION;

(b)  ONE CITIZEN RESIDING IN EACH CONGRESSIONAL DISTRICT IN THE STATE, APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT, WHO SHALL HAVE BEEN LICENSED TO PRACTICE LAW IN THIS STATE FOR AT LEAST TEN YEARS; AND

(c)  ONE CITIZEN RESIDING IN EACH CONGRESSIONAL DISTRICT IN THE STATE APPOINTED BY THE GOVERNOR.

(2)  NONE OF THE INDIVIDUALS SPECIFIED IN PARAGRAPH (c) OF SUBSECTION (1) OF THIS SECTION SHALL BE:

(a)  A JUSTICE OF THE SUPREME COURT OR A JUDGE OF ANY OTHER COURT, ACTIVE OR RETIRED;

(b)  AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE; OR

(c)  AN IMMEDIATE FAMILY MEMBER OF ANY PERSON LISTED IN PARAGRAPH (a) OR (b) OF THIS SUBSECTION (2).

(3)  A MEMBER OF THE GENERAL ASSEMBLY THAT HAS THE QUALIFICATIONS SET FORTH IN PARAGRAPH (b) OR (c) OF SUBSECTION (1) AND IS NOT DISQUALIFIED UNDER SUBSECTION (2) OF THIS SECTION MAY BE APPOINTED TO SERVE AS A MEMBER OF THE COMMISSION.

13­3­114.  Judicial resources commission ­ term ­ vacancy ­ reappointment. (1)  ALL MEMBERS OF THE INITIAL COMMISSION SHALL BE APPOINTED WITHIN FIFTEEN DAYS AFTER JULY 1, 1998.

(2)  THE TERMS OF THE INITIAL MEMBERS OF THE COMMISSION SHALL BE AS FOLLOWS:

(a) (I)  ONE MEMBER APPOINTED PURSUANT TO SECTION 13­3­113 (1) (a) SHALL SERVE A TERM OF TWO YEARS;

(II)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (b) SHALL SERVE A TERM OF TWO YEARS;

(III)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (c) SHALL SERVE A TERM OF TWO YEARS;

(b) (I)  ONE MEMBER APPOINTED PURSUANT TO SECTION 13­3­113 (1) (a) SHALL SERVE A TERM OF FOUR YEARS;

(II)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (b) SHALL SERVE A TERM OF FOUR YEARS;

(III)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (c) SHALL SERVE A TERM OF FOUR YEARS;

(c) (I)  ONE MEMBER APPOINTED PURSUANT TO SECTION 13­3­113 (1) (a) SHALL SERVE A TERM OF SIX YEARS;

(II)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (b) SHALL SERVE A TERM OF SIX YEARS;

(III)  TWO MEMBERS APPOINTED PURSUANT TO SECTION 13­3­113 (1) (c) SHALL SERVE A TERM OF SIX YEARS.

(3)  IN THE EVENT OF A VACANCY ON THE COMMISSION, THE VACANCY SHALL BE FILLED BY APPOINTMENT IN THE SAME MANNER AS THE ORIGINAL MEMBER WAS APPOINTED, AND THE INDIVIDUAL SO APPOINTED SHALL SERVE FOR THE BALANCE OF THE ORIGINAL TERM. ANY MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR REAPPOINTMENT FOR ANY ADDITIONAL TERM WITHOUT REGARD TO THE NUMBER OF YEARS THAT SUCH INDIVIDUAL HAS SERVED AS A MEMBER OF THE COMMISSION.

13­3­115.  Judicial resources commission ­ determination of vacancy ­ recommendations. (1) (a)  IN THE EVENT OF A DISTRICT OR COUNTY JUDGE'S DEATH, RETIREMENT, TENDER OF RESIGNATION, OR REMOVAL UNDER SECTION 23 OF ARTICLE VI OF THE STATE CONSTITUTION, OR FAILURE OF AN INCUMBENT DISTRICT OR COUNTY JUDGE TO FILE A DECLARATION UNDER SECTION 25 OF ARTICLE VI OF THE STATE CONSTITUTION, OR CERTIFICATION OF A NEGATIVE MAJORITY VOTE ON THE QUESTION OF RETAINING A DISTRICT OR COUNTY JUDGE IN OFFICE UNDER SECTION 25 OF ARTICLE VI OF THE STATE CONSTITUTION IF:

(I)  THE MOST RECENT JUDICIAL WORKLOAD STATISTICS COMPILED PURSUANT TO SECTION 13­3­101 (6) DEMONSTRATE THAT THE AFFECTED JUDICIAL DISTRICT OR COUNTY HAS A JUDICIAL WORKLOAD AVERAGE THAT IS EQUAL TO OR ABOVE THE MEDIAN OF JUDICIAL WORKLOAD AVERAGES FOR THE STATE AS A WHOLE, A VACANCY SHALL EXIST IN THE AFFECTED JUDICIAL DISTRICT OR COUNTY. THE CHAIRPERSON OF THE COMMISSION SHALL DECLARE IN A TIMELY MANNER THAT A JUDICIAL VACANCY EXISTS, AND THE CLERK OF THE SUPREME COURT SHALL SO NOTIFY THE APPROPRIATE JUDICIAL NOMINATING COMMISSION.

(II)  THE MOST RECENT JUDICIAL WORKLOAD STATISTICS COMPILED PURSUANT TO SECTION 13­3­101 (6) DEMONSTRATE THAT THE AFFECTED JUDICIAL DISTRICT OR COUNTY HAS A JUDICIAL WORKLOAD AVERAGE THAT IS BELOW THE MEDIAN OF JUDICIAL WORKLOAD AVERAGES FOR THE STATE AS A WHOLE, THE COMMISSION, AFTER HOLDING A PUBLIC HEARING, WHICH MAY INCLUDE VIDEOCONFERENCING, SHALL DETERMINE EITHER:

(A)  THAT A JUDICIAL VACANCY EXISTS IN THE DISTRICT OR COUNTY WHERE THE VACANCY OCCURRED; OR

(B)  THAT THE VACANCY SHOULD BE REALLOCATED TO ANOTHER JUDICIAL DISTRICT OR COUNTY.

(b)  THE CLERK OF THE SUPREME COURT SHALL SO NOTIFY THE JUDICIAL NOMINATING COMMISSION FOR THE JUDICIAL DISTRICT OR COUNTY IN WHICH THE COMMISSION HAS DETERMINED THE VACANCY EXISTS.

(c)  AS AN ALTERNATIVE TO DETERMINING THAT A VACANCY EXISTS PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (1), THE COMMISSION MAY RECOMMEND AN INCREASE IN THE TOTAL NUMBER OF DISTRICT OR COUNTY JUDGES OR CHANGES IN THE NUMBER OF JUDICIAL DISTRICTS OR IN JUDICIAL DISTRICT BOUNDARIES. THE COMMISSION SHALL FILE SUCH RECOMMENDATIONS WITH THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE SUPREME COURT WITHIN FIVE DAYS AFTER THE PUBLIC HEARING.

(2)  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AUTHORIZE THE ELIMINATION OF ALL COUNTY JUDGES IN A COUNTY IN VIOLATION OF SECTION 16 OF ARTICLE VI OF THE STATE CONSTITUTION.

13­3­116.  Judicial resources commission ­ designate primary office. AT LEAST FIFTEEN DAYS PRIOR TO THE TIME PRESCRIBED IN SECTION 20 OF ARTICLE VI OF THE STATE CONSTITUTION FOR THE SUBMISSION OF A LIST OF NOMINEES FOR DISTRICT JUDGE BY A JUDICIAL NOMINATING COMMISSION, THE SUPREME COURT SHALL DETERMINE AND NOTIFY THE JUDICIAL NOMINATING COMMISSION OF THE COUNTY WHERE THE PRIMARY OFFICE OF THE JUDGE TO BE APPOINTED SHALL BE LOCATED. IN DESIGNATING A PRIMARY OFFICE, THE SUPREME COURT SHALL LOCATE THE JUDGE SO AS TO PROVIDE MAXIMUM SERVICE TO ALL AREAS OF THE JUDICIAL DISTRICT. IF MORE THAN ONE COUNTY IS ACCEPTABLE AS A PRIMARY OFFICE, THE SUPREME COURT MAY SO STATE AND MAY LEAVE THE FINAL CHOICE OF THE LOCATION OF THE PRIMARY OFFICE TO THE APPOINTED JUDGE.

13­3­117.  Judicial resources commission ­ annual hearing ­ recommendations. (1)  NO LATER THAN DECEMBER 15, 1998, AND DECEMBER 15 OF EACH YEAR THEREAFTER, THE COMMISSION SHALL HOLD A PUBLIC HEARING TO DETERMINE WHETHER:

(a)  AN INCREASE OR A REDUCTION IN THE NUMBER OF DISTRICT OR COUNTY JUDGES IS APPROPRIATE IN ANY JUDICIAL DISTRICT OR COUNTY; OR

(b)  THE JUDICIAL DISTRICT BOUNDARIES OR THE NUMBER OF JUDICIAL DISTRICTS SHOULD BE CHANGED.

(2)  THE COMMISSION SHALL ALSO EXAMINE CURRENT CASELOAD STATISTICS AND MAKE ANY APPROPRIATE RECOMMENDATIONS FOR THE MORE BALANCED USE OF EXISTING JUDICIAL RESOURCES. THE STATE COURT ADMINISTRATOR SHALL PROVIDE ADMINISTRATIVE SUPPORT AND INFORMATION AS REQUESTED BY THE COMMISSION. A REPORT OF THE HEARING HELD PURSUANT TO SUBSECTION (1) OF THIS SECTION AND ANY RECOMMENDATIONS SHALL BE FILED BY THE COMMISSION WITH THE GENERAL ASSEMBLY, THE GOVERNOR, AND THE SUPREME COURT ON OR BEFORE DECEMBER 31 OF EACH YEAR.

13­3­118.  Judicial resources commission ­ basis for determination and recommendations ­ report ­ legislative action. (1)  THE COMMISSION'S DETERMINATION AND RECOMMENDATIONS MADE PURSUANT TO SECTION 13­3­116 OR 13­3­117 SHALL BE BASED UPON:

(a)  ITS ANALYSIS OF JUDICIAL WORKLOAD STATISTICS COMPILED PURSUANT TO SECTION 13­3­101 (6);

(b)  WHETHER LITIGANTS IN THE JUDICIAL DISTRICT HAVE ADEQUATE ACCESS TO THE COURTS;

(c)  THE POPULATION OF THE JUDICIAL DISTRICT;

(d)  OTHER JUDICIAL DUTIES AND TRAVEL TIME INVOLVED WITHIN THE JUDICIAL DISTRICT; AND

(e)  OTHER FACTORS DETERMINED BY THE SUPREME COURT TO BE NECESSARY TO ASSURE EFFICIENCY AND MAXIMUM SERVICE.

(2)  THE GENERAL ASSEMBLY SHALL NOT INCREASE THE NUMBER OF DISTRICT OR COUNTY JUDGES UNLESS THE COMMISSION SO RECOMMENDS IN ITS REPORT. IF THE COMMISSION RECOMMENDS AN INCREASE OR A REDUCTION IN THE NUMBER OF DISTRICT OR COUNTY JUDGES, OR CHANGES IN THE JUDICIAL DISTRICT BOUNDARIES OR THE NUMBER OF JUDICIAL DISTRICTS, BUT LEGISLATIVE ACTION IS NOT TAKEN IN THE REGULAR LEGISLATIVE SESSION NEXT FOLLOWING THE ISSUANCE OF THE REPORT, THE COMMISSION SHALL HOLD ANOTHER PUBLIC HEARING ON THE MATTER AFTER THE ADJOURNMENT OF THE REGULAR SESSION AND RECONSIDER ITS RECOMMENDATIONS AND RESUBMIT THEM IF IT SO DESIRES.

(3)  THE COMMISSION SHALL ADOPT RULES ON THE PROCEDURES TO BE FOLLOWED IN MAKING THE DETERMINATION AND RECOMMENDATIONS PURSUANT TO THIS SECTION. THE STATE COURT ADMINISTRATOR SHALL PROVIDE ADMINISTRATIVE SUPPORT AND INFORMATION AS REQUESTED BY THE COMMISSION.

SECTION 2.  13­3­101, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

13­3­101.  State court administrator. (6)  THE STATE COURT ADMINISTRATOR SHALL DEVELOP A UNIFORM AND ACCURATE SYSTEM OF MEASURING JUDICIAL WORKLOADS THAT SHALL BE THE PRINCIPAL CRITERION USED BY THE SUPREME COURT WHEN DESIGNATING THE PRIMARY OFFICE LOCATION OF A NEW JUDGESHIP AND BY THE JUDICIAL RESOURCES COMMISSION CREATED PURSUANT TO SECTION 13­3­113, WHEN ISSUING ITS DETERMINATION AND RECOMMENDATIONS REGARDING VACANCIES, DISTRICT BOUNDARIES OR NUMBER OF DISTRICTS, OR NUMBER OF DISTRICT OR COUNTY JUDGES PURSUANT TO SECTION 13­3­115 OR 13­3­117.

SECTION 3.  13­3­103, Colorado Revised Statutes, is amended to read:

13­3­103.  Nominating, discipline, and judicial resources commission ­ expenses. (1)  Members of judicial nominating commissions appointed pursuant to section 24 of article VI of the state constitution, and members of the commission on judicial discipline appointed pursuant to section 23 of article VI of the state constitution, AND MEMBERS OF THE JUDICIAL RESOURCES COMMISSION APPOINTED PURSUANT TO SECTIONS 13­3­113 AND 13­3­114 shall be reimbursed for actual and necessary personal maintenance expenses while performing official duties, together with mileage at the rate prescribed for state officers and employees in section 24­9­104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where official duties are performed.

(2)  The mileage and expenses incurred by members of judicial nominating commissions, and members of the commission on judicial discipline, AND MEMBERS OF THE JUDICIAL RESOURCES COMMISSION shall be paid from funds appropriated to the judicial department of the state. Each commission member shall keep an account of the mileage and all moneys actually paid out for personal maintenance expenses and shall file a verified itemized statement thereof with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund.

SECTION 4.  13­5­101, Colorado Revised Statutes, is amended to read:

13­5­101.  Judicial districts and terms ­ number of district judges. (1)  The state is divided into twenty­two judicial districts as prescribed by this part 1. Terms of court shall be fixed by rules adopted by the district court in each district; except that at least one term of court shall be held each calendar year in each county within the district, at the county seat of such county.

(2)  THE TOTAL NUMBER OF DISTRICT JUDGES FOR THE STATE UNTIL JULY 1, 1998, SHALL BE ONE HUNDRED TEN. EFFECTIVE JULY 1, 1998, THE TOTAL NUMBER OF DISTRICT JUDGES FOR THE STATE SHALL BE ONE HUNDRED TWELVE.

SECTION 5.  Repeal.  13­5­102 (2), Colorado Revised Statutes, is repealed as follows:

13­5­102.  First district. (2)  The number of judges for the first judicial district shall be nine.

SECTION 6. Repeal.  13­5­103 (2), Colorado Revised Statutes, is repealed as follows:

13­5­103.  Second district. (2)  The number of judges for the second judicial district shall be nineteen. Effective January 1, 1978, the number of judges shall be twenty.

SECTION 7.  13­5­104, Colorado Revised Statutes, is amended to read:

13­5­104.  Third district. (1)  The third judicial district shall be composed of the counties of Las Animas and Huerfano.

(2)  The number of judges for the third judicial district shall be two.

(3)  The third judicial district shall be divided into two divisions. The northern division shall consist of the county of Huerfano, and the southern division shall consist of the county of Las Animas. One judge of the district shall maintain his official residence and chambers in the northern division of the district, and one judge shall maintain his official residence and chambers in the southern division of the district. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes, the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court.

SECTION 8.  Repeal.  13­5­105 (2), Colorado Revised Statutes, as it exists until July 1, 1998, is repealed as follows:

13­5­105.  Fourth district. (2)  The number of judges for the fourth judicial district shall be twelve.

SECTION 9.  Repeal.  13­5­105 (2), Colorado Revised Statutes, as it will become effective July 1, 1998, is repealed as follows:

(2)  Fourth District. The number of judges for the fourth judicial district shall be thirteen.

SECTION 10.  13­5­106 (2), Colorado Revised Statutes, is amended to read:

13­5­106.  Fifth district. (2)  The number of judges for the fifth judicial district shall be three. At least one of such judges JUDGE FOR THE FIFTH JUDICIAL DISTRICT shall maintain his OR HER official chambers and residence in the county of Eagle, Lake, or Summit.

SECTION 11.  Repeal.  13­5­107 (2), Colorado Revised Statutes, is repealed as follows:

13­5­107.  Sixth district. (2)  The number of judges for the sixth judicial district shall be two.

SECTION 12.  Repeal.  13­5­108 (2), Colorado Revised Statutes, is repealed as follows:

13­5­108.  Seventh district. (2)  The number of judges for the seventh judicial district shall be three.

SECTION 13.  Repeal.  13­5­109 (2), Colorado Revised Statutes, is repealed as follows:

13­5­109.  Eighth district. (2)  The number of judges for the eighth judicial district shall be four.

SECTION 14.  Repeal.  13­5­110 (2), Colorado Revised Statutes, is repealed as follows:

13­5­110.  Ninth district. (2)  The number of judges for the ninth judicial district shall be three.

SECTION 15.  Repeal.  13­5­111 (2), Colorado Revised Statutes, is repealed as follows:

13­5­111.  Tenth district. (2)  The number of judges for the tenth judicial district shall be six.

SECTION 16.  13­5­112, Colorado Revised Statutes, is amended to read:

13­5­112.  Eleventh district. (1)  The eleventh judicial district shall be composed of the counties of Chaffee, Custer, Fremont, and Park.

(2)  The number of judges for the eleventh judicial district shall be three.

(3)  The eleventh judicial district shall be divided into two divisions. The northern division shall consist of the counties of Chaffee and Park, and the southern division shall consist of the counties of Fremont and Custer. One judge of the district shall maintain his official residence and chambers in the northern division of the district, one judge shall maintain his official residence and chambers in the southern division of the district, and one judge shall sit in both divisions as assigned by the chief judge. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court.

SECTION 17.  Repeal.  13­5­113 (2), Colorado Revised Statutes, is repealed as follows:

13­5­113.  Twelfth district. (2)  The number of judges for the twelfth judicial district shall be two.

SECTION 18. Repeal.  13­5­114 (2), Colorado Revised Statutes, is repealed as follows:

13­5­114.  Thirteenth district. (2)  The number of judges for the thirteenth judicial district shall be four.

SECTION 19.  Repeal.  13­5­115 (2), Colorado Revised Statutes, is repealed as follows:

13­5­115.  Fourteenth district. (2)  The number of judges for the fourteenth judicial district shall be two.

SECTION 20.  Repeal.  13­5­116 (2), Colorado Revised Statutes, is repealed as follows:

13­5­116.  Fifteenth district. (2)  The number of judges for the fifteenth judicial district shall be two.

SECTION 21.  Repeal.  13­5­117 (2), Colorado Revised Statutes, is repealed as follows:

13­5­117.  Sixteenth district. (2)  The number of judges for the sixteenth judicial district shall be two.

SECTION 22.  Repeal.  13­5­118 (2), Colorado Revised Statutes, is repealed as follows:

13­5­118.  Seventeenth district. (2)  The number of judges for the seventeenth judicial district shall be seven.

SECTION 23.  Repeal.  13­5­119 (2), Colorado Revised Statutes, as it exists until July 1, 1998, is repealed as follows:

13­5­119.  Eighteenth district. (2)  The number of judges for the eighteenth judicial district shall be eleven. The district judges regularly assigned to Arapahoe county shall maintain their offices in one location within Arapahoe county.

SECTION 24.  Repeal.  13­5­119 (2), Colorado Revised Statutes, as it will become effective July 1, 1998, is repealed as follows:

13­5­119.  Eighteenth district. (2)  The number of judges for the eighteenth judicial district shall be twelve. The district judges regularly assigned to Arapahoe county shall maintain their offices in one location within Arapahoe county.

SECTION 25.  Repeal.  13­5­120 (2), Colorado Revised Statutes, is repealed as follows:

13­5­120.  Nineteenth district. (2)  The number of judges for the nineteenth judicial district shall be four.

SECTION 26.  Repeal.  13­5­121 (2), Colorado Revised Statutes, is repealed as follows:

13­5­121.  Twentieth district. (2)  The number of judges for the twentieth judicial district shall be four. Effective October 1, 1977, the number of judges for the twentieth judicial district shall be five.

SECTION 27.  Repeal.  13­5­122 (2), Colorado Revised Statutes, is repealed as follows:

13­5­122.  Twenty­first district. (2)  The number of judges for the twenty­first judicial district shall be four.

SECTION 28.  Repeal.  13­5­123 (2), Colorado Revised Statutes, is repealed as follows:

13­5­123.  Twenty­second district. (2)  The number of judges for the twenty­second judicial district shall be one.

SECTION 29.  13­6­202, Colorado Revised Statutes, is amended to read:

13­6­202.  Number of judges. In each county there shall be one county judge PURSUANT TO SECTION 16 OF ARTICLE VI OF THE STATE CONSTITUTION. except that, in the county of El Paso, there shall be eight county judges, in the county of Arapahoe, there shall be seven county judges, in each of the counties of Adams and Jefferson, there shall be six county judges, in the county of Boulder, there shall be four county judges, in each of the counties of Larimer, Pueblo, and Weld, there shall be three county judges, in each of the counties of Douglas and Mesa, there shall be two county judges, THE TOTAL NUMBER OF FULL­TIME COUNTY JUDGES IN THE STATE SHALL BE NINETY­SEVEN and, in the city and county of Denver, there shall be the number of county judges provided by the charter and ordinances thereof. One of the county judges in Boulder county shall maintain a courtroom in the city of Longmont at least three days per week. The judge of the Eagle county court shall conduct court business in that portion of Eagle county lying in the Roaring Fork river drainage area in a manner sufficient to deal with the business before the court.

SECTION 30.  Effective date ­ applicability. (1)  This act shall take effect upon proclamation by the governor of the vote of the registered electors at the 1998 general election approving 1998 House Concurrent Resolution Number ____. This act shall not take effect if the registered electors at the 1998 general election disapprove 1998 House Concurrent Resolution Number ______.

(2)  This act shall apply to vacancies that occur on or after March 1, 1999.

SECTION 31.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.