Court Business

• Publication year: 2002
• Pages: 111
• Citation: Vol. 31 No. 2 Pg. 111

31 Colo.Law. 111 Colorado Lawyer 2002.

2002, March, Pg. 111. Court Business

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111

Vol. 31, No. 2, Pg. 111

The Colorado Lawyer
March 2002
Vol. 31, No. 3 [Page 111]

From the Courts
Court Business
Court Business

Colorado Supreme Court Rules Committee
Rule Change #2002(1)
Uniform Local Rules for All State Water Court Divisions
Appendix to Chapter 36
Amended, Adopted, and Appended

As of January 10, 2002, the following instructions and corresponding forms are amended, adopted, and appended to Chapter 36 of Volume 12 of the Colorado Revised Statutes Uniform Local Rules for All State Water Court Divisions. The forms can be found at the Court website www.courts.state.co.us./scao/ forms/waterforms/waterindex.htm

JDF 295W. Standardized Instructions for All Colorado Water Court Divisions.

JDF 296W. Application for Water Rights (Surface)

JDF 297W. Application for Water Storage Right.

JDF 298W. Application for Underground Water Right.

JDF 299W. Application for Change of Water Right.

JDF 300W. Application for Finding of Diligence or to Make Absolute.

JDF 301W. Application for Approval of Plan for Augmentation.

JDF 302W. Pleading in Protest to Referee's Ruling or in Support of Referee's Ruling.

JDF 303W. Statement of Opposition.

JDF 304W. Protest to Revised Abandonment List.

Amended and Adopted by the Court, En Banc, January 10, 2002, effective immediately.

By the Court:

Gregory J. Hobbs, Jr.

Justice, Colorado Supreme Court

Rule Change #2002(2)

Chapter 37. Rules Governing the Commission on Judicial Performance

Amended and Adopted

The following rules are amended and adopted as of January 10, 2002: Chapter 37 of Volume 12 of the Colorado Revised Statutes, the Rules Governing the Commissions on Judicial Performance.

Amended and Adopted by the Court, En Banc, January 10, 2002, effective immediately.

By the Court:

Nancy E. Rice

Justice, Colorado Supreme Court

Rule Change 2002(2)

Chapter 37. Rules Governing the Commissions on Judicial Performance

Amended and Adopted

Pursuant to section 13-5.5-103(1)(k), C.R.S., the State Commission on Judicial Performance (state commission) establishes the following rules. These rules have been approved by the Supreme Court and shall be applicable to the state and district commissions.

RULE 1. Duties of commissions

Commissions shall elect one member as a chair, or two members as co-chairs, to serve for two years, who will direct the business of the commissions, pursuant to statute, rule or guideline of the state commission.

Commissions on judicial performance evaluate the professional performance of justices, judges or magistrates and make recommendations to the electorate regarding the retention of individual justices or judges who stand for retention during any general election. In addition to other procedures and duties set forth in these rules, the commissions shall prepare and provide to the public a narrative profile and retention recommendation for each district, county and appellate justice or judge subject to retention. The state commission shall arrange to have the narrative profiles and recommendations of the state and district commissions printed in the ballot information booklet that is prepared pursuant to section 1-40-124.5, C.R.S.

RULE 2. Sources of information

Each commission, in evaluating the professional performance of any justice, judge or magistrate, shall rely on official sources of information, including:

(a) Questionnaires. The state commission shall develop a questionnaire that will be used by all commissions to survey attorneys (including district attorneys and public defenders), jurors, litigants, court personnel, probation officers, social services caseworkers, crime victims, guardians ad litem, court appointed special advocate volunteers and law enforcement personnel who have appeared before or have professional contacts with the judge or magistrate being evaluated. In addition, deputy sheriffs assigned to the courthouse will be surveyed. These persons will be randomly selected in numbers designed to achieve a random, statistically valid sample. These persons will be surveyed by direct mail questionnaires. The results of the surveys shall be provided to the commissions for use in evaluating the justices and judges.

(b) Interview with justices, judges or magistrates. Judicial district administrators will schedule interview sessions for judges and magistrates with district commissions. The state commission staff will schedule interview sessions for the appellate justices and judges with the state commission. All efforts to accommodate court dockets and calendars of commission members will be exercised.

(c) Statistics. Information concerning the caseload and case types of a judge or magistrate being evaluated will be gathered and provided to the chair of the district commission by the district administrator. Information concerning the caseload of a justice or judge being evaluated by the state commission will be gathered and provided to the chair of the state commission by the clerk of the Colorado Supreme Court and the clerk of the Colorado Court of Appeals.

If requested by the commission, the district administrator or state court administrator shall promptly provide information kept or collected by the district administrator or state court administrator on individual judges or magistrates, which may include the number of court trials and court trial days; the number of jury trials and jury trial days; and sentence modifications pursuant to section 16-11-309, C.R.S.

Effective for the 2004 judicial performance evaluation and performance evaluations thereafter, the district administrator shall also provide open case reports and case aging reports if requested by the commission.

(d) Oral Interviews. The state and district commissions may conduct interviews with other persons who have appeared before the judge or magistrate on a regular basis. The district commissions shall ensure that the persons interviewed have had professional contact with the judge or magistrate. Such oral interviews shall be completed no later than fifteen (15) days prior to the scheduled interview between the commission and the judge or magistrate. The judge or magistrate shall be provided with a written summary of the interview that preserves the anonymity of the interviewee but informs the judge or magistrate of the substance of the interview no later than ten (10) days prior to the scheduled interview with the commission.

(e) Documentation from interested parties. Written information concerning a judge or magistrate received from an interested party may be considered by the state and district commissions provided it contains the author's name and address and is received no later than fifteen (15) days prior to the scheduled interview with the justice, judge or magistrate. The commissions may make the determination whether to include the author's name and address in the copy of the document that is forwarded to the justice, judge or magistrate.

(f) Public hearings. The state and district commissions may conduct public hearings to solicit public comment on justices, judges or magistrates being evaluated...