Courts - Digest of Bills

Digest of Bills - 1997

COURTS

S.B. 97-9 Public transportation - jurors. Requires the state court administrator and officials public transportation systems to devise systems whereby jurors may obtain free transit to and from the vicinity of courthouses along the regular routes and using the regular schedules of the transportation system.

APPROVED by Governor May 27, 1997
EFFECTIVE May 27, 1997

S.B. 97-144 County judges - salary - workload. Effective July 1, 1998, instructs the chief justice of the Colorado supreme court to annually determine the salary for county judges, except Class A and Class B county judges, using the average number of cases filed annually in each county court for the preceding 3 years. Prohibits any reduction in salary for any county judge who is serving as of June 30, 1998. Clarifies that any reduction in salary for a judge who is appointed after June 30, 1998, shall begin with the judge's next term of office.

Specifies that calculation of salaries for part-time county judges shall be based on methods used to determine the need for full-time county judges, as established and approved by the supreme court. Establishes the starting salary for a part-time county judge at 20% of the full-time county judge salary, and allows increases by 5% increments, based on increases in the part-time judge's workload, up to 90% of a full-time county judge workload. Allows the chief justice to assign any part-time county judge who is working at 80% or more of a full-time workload to serve on a full-time basis, so long as the part-time judge meets the qualifications for county judges in Class A and Class B counties. Specifies that any judge so assigned shall be paid the salary of a full-time county judge, but that the assignment shall not affect the classification of the county in which the part-time county judge serves.

Specifies conditions under which a part-time county judge who is assigned to perform judicial duties in a district court or in another county court may receive additional compensation.

APPROVED by Governor May 5, 1997
PORTIONS EFFECTIVE July 1, 1998

H.B. 97-1012 County judges - reclassification of Summit county. Changes the classification of Summit county from a Class D to a Class B county for purposes of the employment of county judges.

Includes a legislative intent statement that appropriations for the implementation of this act in fiscal year 1998-99 shall be derived from savings generated from implementation of SB 97-144.

APPROVED by Governor May 27, 1997
EFFECTIVE July 1, 1998
NOTE: This act was passed without a safety clause. The act establishes an effective date of July 1, 1998. It shall take effect on that date unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution. If such a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

H.B. 97-1037 Judicial performance commissions - magistrates - mid-term reviews - publication of recommendations - appropriation. Requires the state commission on judicial performance to:

Develop additional surveys for litigants, attorneys in the district attorney's and public defender's offices, law enforcement personnel, employees of local departments of social services, and victims of crime;
Report to the district commissions on the statistical validity of all of the surveys;
Specify when and how statistically invalid surveys may be used; and
Develop criteria for district commissions to utilize in determining whether to recommend retention.

Changes the date that reports from the state commission are due from 60 days to 45 days prior to the retention election.

Authorizes the district commissions on judicial review to conduct interviews, receive information, and conduct public hearings concerning judges within their district. Directs the district commissions to draft the narrative profiles of the judges and magistrates in their district.

Requires the state and district commissions to arrange to have their recommendations for each justice or judge scheduled for retention printed with the ballot information booklet and mailed to electors.

Requires district commissions to conduct additional evaluations of each district and county court judge during every even-numbered year that the judge is not scheduled for a retention election. Also requires evaluation of each magistrate during every odd-numbered year. Allows conferences with the judge or magistrate. Directs the district commission to disseminate their reports, but prohibits it from mailing the additional evaluations to registered electors.

Clarifies that the terms of members of commissions expire on November 30 of the year in which the term is scheduled to expire. Requires the state commission and every district commission to notify the appointing official within 5 days after a vacancy arises on the commission. Requires the appointing official to make an appointment within 45 days after a vacancy. Permits the state commission to appoint a member to the state commission or a district commission if the appointing official fails to make an appointment within 45 days after a vacancy.

Transfers $16,000 from the department of state cash fund to the ballot information publication and distribution revolving fund. Expresses the intent of the general assembly that for the fiscal year beginning July 1, 1998, $56,000 be appropriated to legislative council to print the recommendations.

APPROVED by Governor June 5, 1997
EFFECTIVE June 5, 1997

H.B. 97-1156 Judicial review - land use decisions - time for filing of administrative record. In cases brought under Rule 106, C.R.C.P., for judicial review of land use decisions by local governmental entities, requires filing of the administrative record within 30 days, unless the court specifically orders otherwise.

APPROVED by Governor April 8, 1997
EFFECTIVE July 1, 1997

H.B. 97-1204 District courts - 4th and 18th judicial districts - number of judges. Adds a district court judge in the 4th judicial district and in the 18th judicial district.

APPROVED by Governor May 21, 1997
EFFECTIVE July 1, 1998

H.B. 97-1239 Damages limitation statutes - adjustments to reflect effects of inflation. Adjusts the following damages caps for inflation based upon the consumer price index:

The limitation on actions brought against a licensee for selling beer, wine, liquor, or fermented malt beverages to a minor or a visibly intoxicated person who causes injury (currently $150,000);
The limitation on a social host giving beer, wine, liquor, or fermented malt beverages to a minor who causes injury (currently $150,000);
The limitation on noneconomic damages (pain and suffering) for personal injury cases and for wrongful death cases (currently $250,000);
The wrongful death solatium (currently $50,000).

Directs that the adjustment be certified by the secretary of state as of January 1, 1998, based on the cumulative annual adjustment for inflation for each year since the effective date of the applicable damages limitation. States that such adjusted limitation shall be the limitation applicable to all claims for relief that accrue on or after January 1, 1998.

APPROVED by Governor May 21, 1997
EFFECTIVE August 6, 1997
NOTE: This act was passed without a safety clause. It shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.