2018 Colorado Revised Statutes
Title 13 - Courts and Court Procedure
Courts of Record
Article 5.5 - Commissions on Judicial Performance
§ 13-5.5-104. State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal
(1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission.
(2) (a) Each commission consists of ten members, appointed as follows:
(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;
(II) The president of the senate shall appoint one attorney and one nonattorney;
(III) The governor shall appoint one attorney and two nonattorneys; and
(IV) The chief justice of the supreme courtshall appoint one attorney and two nonattorneys.
(b)
(I) The terms of commissioners appointed prior to August 9, 2017, shall continue through January 31, 2019.
(II) Notwithstanding the term for which the commissioner was appointed, the governor's attorney appointment to a district commission made pursuant to subsection (2)(a)(III) of this section and the chief justice's two nonattorney appointments to a district commission made pursuant to subsection (2)(a)(IV) of this section expire on January 31, 2019.
(III) Except as provided for in subsection (2)(b)(II) of this section, the term of a commissioner appointed prior to January 31, 2019, shall continue after this subsection (2) is repealed until such time as the commissioner's term was originally set to expire.
(c) This subsection (2) is repealed, effective January 31, 2019.
(3) (a) The state commission consists of eleven members, appointed on or before March 1, 2019, as follows:
(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;
(II) The minority leader of the house of representatives shall appoint one nonattorney;
(III) The president of the senate shall appoint one attorney and one nonattorney;
(IV) The minority leader of the senate shall appoint one nonattorney;
(V) The chief justice of the supreme court shall appoint two attorneys; and
(VI) The governor shall appoint two nonattorneys and one attorney.
(b) The terms of state commissioners appointed prior to January 31, 2019, shall continue until such time as his or her term was originally set to expire; except that the term of the two nonattorneys appointed by the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section expires on January 31, 2019.
(c) This subsection (3) becomes effective February 1, 2019.
(4) (a) Each district commission consists of ten members, appointed on or before March 1, 2019, as follows:
(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;
(II) The president of the senate shall appoint one attorney and one nonattorney;
(III) The minority leader of the house of representatives shall appoint one nonattorney;
(IV) The minority leader of the senate shall appoint one nonattorney;
(V) The chief justice of the supreme court shall appoint two attorneys; and
(VI) The governor shall appoint two nonattorneys.
(b) The terms of district commissioners appointed prior to January 31, 2019, shall continue until such time as his or her term was originally set to expire; except that the following commissioners' terms expire on January 31, 2019:
(I) The two nonattorneys appointed by the chief justice of the supreme court pursuant to subsection (2)(a)(IV) of this section; and
(II) The attorney appointed by the governor pursuant to subsection (2)(a)(III) of this section.
(c) This subsection (4) becomes effective February 1, 2019.
(5) (a) The term for a commissioner is four years and expires on November 30 of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year.
(b) The original appointing authority shall fill any vacancy on a commission, but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the governor shall make the appointment.
(c) The appointing authority may remove a commissioner whom he or she appointed for cause.
(6) Each commission shall elect a chair every two years by a vote of the membership.
(7) State and district commissioners and employees of the state or a district commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission.
(8) A commissioner shall recuse himself or herself from an evaluation of the person who appointed the commissioner to the commission.
