1976, June, Pg. 798. Legislative Action Report.

• Author: by Gordon G. Gauss

5 Colo.Law. 798

Colorado Lawyer

1976.

1976, June, Pg. 798.

Legislative Action Report

798Vol. 5, No. 6, Pg. 798Legislative Action Reportby Gordon G. GaussCBA public relations and legislative counselTwo proposals which would have changed the state's 10-year old judicial selection and tenure system died in the Colorado House of Representatives as the second session of the state's 50th General Assembly dragged to a close.

The Colorado Bar Association opposed both measures actively.

One was a constitutional amendment which has been attempted seven times by Rep. Forrest Burns, D-Lamar. It would have restored contested elections for judges. The other was a constitutional change sponsored by Rep. Bob Leon Kirscht, D-Pueblo, the House majority leader. It would have revamped the method of making judicial appointments.

Late in the session the legislature also passed two bills which the Colorado Bar Association supported vigorously---one creating a small claims court and the other providing pay increases for judges, legislators, district attorneys and members of several commissions. The latter bill, signed May 7 by the governor, carried out the thrust of recommendations made by the State Officials Compensation Commission although recommended amounts were trimmed. Formation of the commission was urged by CBA a year ago.

Coupled, these actions meant the CBA had its most successful legislative session in years, despite a divided wrangling general assembly. Only one bill urged by CBA---increasing retired judges' annuities and providing for part time work by them---was lost. It fell short by one vote in the House of Representatives.

The Burns amendment (HCR 1005) first was beaten by two votes in the House State Affairs Committee when it was called up late in the session, then was buried a second time --- 15-37 --- three days later when Burns tried to substitute it for Kirscht's measure during floor debate.

The Kirscht amendment (HCR 1008) originally would have required judicial nominating commissions to send one list of nominees after another to any governor who declined to make an appointment. It was not introduced until the 105th day of the legislative session, then was revised substantially during House debate before being killed narrowly.

Speaking against the proposed amendments were CBA President Thomas J. Carney, John L. Kane...