1977, February, Pg. 271. Legislative Action Report.

• Author: by Charles R. Poos

6 Colo.Law. 271

Colorado Lawyer

1977.

1977, February, Pg. 271.

Legislative Action Report

271Vol. 6, No. 2, Pg. 271Legislative Action Reportby Charles R. PoosCBA public relations and legislative counselCritics of Colorado's merit selection and retention system for judges are cranking up the legislative machine for another attempt to submit a constitutional amendment to the voters in 1978.

One critic has gone even further. He is already talking of a voter petition drive in 1978 if the legislative approach fails.

The people of Colorado (with strong leadership from among members of the organized bar) approved the merit system in 1966, abolishing partisan political election of judges.

The Colorado system was then, and still is, widely acclaimed. All three governors who have made judicial appointments under the plan---Republicans John A. Love and John D. Vanderhoof and Democrat Richard D. Lamm---warmly endorse it. Yet elements of opposition continue, and efforts are made almost annually to repeal or radically amend the system.

Opponents in the State Senate and House of Representatives have never quite been able to muster the necessary two-thirds majorities to get a constitutional amendment on the ballot by referendum. Last year, after legislative efforts had again failed, a late and poorly financed petition drive also fell short.

This year, eleven-term Rep. Forrest Burns, D-Lamar, will ask the legislature once more to refer an amendment to the voters in the next general election to return to a form of direct election of state, district and county judges.

Burns, a farmer and cattleman, has made much the same proposal before. In 1976, he found thirty-five other legislators to co-sponsor his plan.

One of his chief backers again this time is Rep. Steven J. Durham, R-Colorado Springs, who manages a tourist attraction in the Pikes Peak area.

Durham, now in his second House term, isn't optimistic the legislature will refer a judicial amendment to the voters. He knows (as does Burns) the difficulty of getting two-thirds majorities in the Senate and House on any proposal--- especially when legislative leaders don't appear ready to support it.

Durham therefore is already thinking ahead to a possible petition campaign to put an amendment on the ballot by the initiative process. He feels so strongly about the issue, he says, that he may...