House Bill 25-1298 Reengrossed

A Bill for an Act

• Page 1, Line 101Concerning judicial performance commissions.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill establishes the twenty-third judicial district commission on judicial performance on December 1, 2025, and specifies the initial terms for members of the commission. The bill repeals outdated provisions concerning the terms of members of judicial commissions.

• Page 1, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 1SECTION 1.  In Colorado Revised Statutes, 13-5.5-104, amend

• Page 2, Line 2(3)(a) introductory portion and (4)(a) introductory portion; repeal (3)(b), (3)(c), (4)(b), and (4)(c); and add (4.5) as follows:

• Page 2, Line 313-5.5-104.  State commission on judicial performance -

• Page 2, Line 4district commissions on judicial performance - established -

• Page 2, Line 5membership - terms - immunity - conflicts - repeal. (3) (a)  The state

• Page 2, Line 6commission consists of eleven members appointed on or before March 1, 2019, as follows:

• Page 2, Line 7(b)  The terms of state commissioners appointed prior to January

• Page 2, Line 831, 2019, shall continue until such time as his or her term was originally

• Page 2, Line 9set to expire; except that the term of the two nonattorneys appointed by

• Page 2, Line 10the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section expires on January 31, 2019.

• Page 2, Line 11(c)  This subsection (3) becomes effective February 1, 2019.

• Page 2, Line 12(4) (a)  Each district commission consists of ten members appointed on or before March 1, 2019, as follows:

• Page 2, Line 13(b)  The terms of district commissioners appointed prior to January

• Page 2, Line 1431, 2019, shall continue until such time as his or her term was originally

• Page 2, Line 15set to expire; except that the following commissioners' terms expire on January 31, 2019:

• Page 2, Line 16(I)  The two nonattorneys appointed by the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section; and

• Page 2, Line 17(II)  The attorney appointed by the governor pursuant to subsection (2)(a)(III) of this section.

• Page 2, Line 18(c)  This subsection (4) becomes effective February 1, 2019.

• Page 2, Line 19(4.5) (a)  The twenty-third judicial district commission on

• Page 2, Line 20judicial performance, referred to in this subsection (4.5) as the

• Page 3, Line 1"twenty-third judicial district commission", is established on

• Page 3, Line 2December 1, 2025. Members of the twenty-third judicial district

• Page 3, Line 3commission are appointed pursuant to subsection (4)(a) of this

• Page 3, Line 4section; except that a person serving as a member of the

• Page 3, Line 5eighteenth judicial district commission on judicial performance

• Page 3, Line 6during 2025 who resides within the twenty-third judicial district

• Page 3, Line 7may be appointed to serve on the twenty-third judicial district

• Page 3, Line 8commission, and if such a person is appointed, the person's term on

• Page 3, Line 9the twenty-third judicial district commission continues for the

• Page 3, Line 10remainder of the term to which the person was originally

• Page 3, Line 11appointed for the eighteenth judicial district commission on judicial performance.

• Page 3, Line 12(b)  Notwithstanding subsection (5)(a) of this section, the

• Page 3, Line 13initial terms of the following members of the twenty-third judicial district commission expire on November 30, 2027:

• Page 3, Line 14(I)  The nonattorney appointed by the speaker of the house

• Page 3, Line 15of representatives pursuant to subsection (4)(a)(I) of this section;

• Page 3, Line 16(II)  The nonattorney appointed by the minority leader of

• Page 3, Line 17the house of representatives pursuant to subsection (4)(a)(III) of this section;

• Page 3, Line 18(III)  The nonattorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

• Page 3, Line 19(IV)  One of the attorneys appointed by the chief justice of

• Page 3, Line 20the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

• Page 3, Line 21(V)  One of the nonattorneys appointed by the governor

• Page 4, Line 1pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

• Page 4, Line 2(c)  The initial terms of the following members of the

• Page 4, Line 3twenty-third judicial district commission expire on November 30, 2029:

• Page 4, Line 4(I)  The attorney appointed by the speaker of the house of representatives pursuant to subsection (4)(a)(I) of this section;

• Page 4, Line 5(II)  The attorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

• Page 4, Line 6(III)  The nonattorney appointed by the minority leader of the senate pursuant to subsection (4)(a)(IV) of this section;

• Page 4, Line 7(IV)  One of the attorneys appointed by the chief justice of

• Page 4, Line 8the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

• Page 4, Line 9(V)  One of the nonattorneys appointed by the governor

• Page 4, Line 10pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

• Page 4, Line 11(d)  During 2025, members of the eighteenth judicial

• Page 4, Line 12district commission on judicial performance serving on the

• Page 4, Line 13effective date of this subsection (4.5) shall conduct the interim

• Page 4, Line 14evaluations pursuant to section 13-5.5-109 for judges of both the

• Page 4, Line 15eighteenth judicial district and the twenty-third judicial district.

• Page 4, Line 16(e)  This subsection (4.5) is repealed, effective July 1, 2028.

• Page 4, Line 17SECTION 2.  Safety clause. The general assembly finds,

• Page 4, Line 18determines, and declares that this act is necessary for the immediate

• Page 4, Line 19preservation of the public peace, health, or safety or for appropriations for

• Page 5, Line 1the support and maintenance of the departments of the state and state institutions.