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.


Created: 4/21/98 Updated: 4/21/98