Bd. of Com'rs, Weld Co. v. 19th Jud. Dist.

895 P.2d 545
CourtSupreme Court of Colorado
DecidedMay 22, 1995
Docket94SC655
StatusPublished
Cited by6 cases

This text of 895 P.2d 545 (Bd. of Com'rs, Weld Co. v. 19th Jud. Dist.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bd. of Com'rs, Weld Co. v. 19th Jud. Dist., 895 P.2d 545 (Colo. 1995).

Opinion

895 P.2d 545 (1995)

The BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, Ed Jordan, Sheriff of Weld County, Petitioners,
v.
In re Matter of NINETEENTH JUDICIAL DISTRICT, Respondent.

No. 94SC655.

Supreme Court of Colorado, En Banc.

May 22, 1995.

*546 Bruce T. Barker, Weld County Atty., Cyndy Giauque, Asst. County Atty., Greeley, for petitioners.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Maurice G. Knaizer, Deputy Atty. Gen., General Legal Services Div., Denver, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari before judgment to review In re Matter of Nineteenth Judicial District, No. 94CV1653 (Weld County Dist. Ct. Aug. 17, 1994),[1] pursuant to C.A.R. 50.[2] Respondent Nineteenth Judicial District (Chief Judge) entered an order requiring that petitioner Weld County Sheriff (Sheriff) provide security for the Weld County Courthouse (Courthouse) and specifying that petitioner Board of County Commissioners of Weld County (Board) pay for security equipment and for the personnel to operate the equipment. Petitioners' motion for reconsideration was denied, and this appeal followed. We affirm the district court's order in part and reverse in part. We affirm that part of the order that requires the Sheriff to provide *547 security for the Courthouse. We reverse, on the record before us, the part of the district court's order requiring the Board to pay for security equipment and the personnel to operate the equipment.

I

During the past several years, judges, court personnel, and parties have been the subject of numerous threats of bodily injury or death. The Courthouse has received bomb threats, and gang confrontations have occurred in its halls. Weld County's experiences are consistent with events in other counties. For example, since 1986 the Arapahoe County courthouse has endured two shooting incidents resulting in death or serious bodily injury. In 1988, a kidnapping took place in Mesa County's courthouse.

In response to the threats of violence, the Chief Judge of the Nineteenth Judicial District met with the Board and the Sheriff to discuss methods for providing a safe and secure Courthouse environment. After several discussions, the Sheriff presented his views in a memorandum to the Board dated December 30, 1993. The Sheriff recommended that: (1) a metal detector be used to exclude firearms and edged weapons from the Courthouse; (2) security checkpoints be placed at the south and east doors of the Courthouse; (3) each checkpoint be staffed by a guard and equipped with ropes and station posts; (4) a workstation be installed, including a desk, a telephone extension, a computer terminal, and a printer; and (5) the workstation be staffed by a uniformed deputy sheriff approximately sixty percent to seventy percent of the time that the building was open to the public.

The Chief Judge and the Board were unable to agree on the method of financing the recommended changes. The Chief Judge concluded that the Board was responsible for providing security for the Courthouse in accordance with the Sheriff's recommendations. On August 17, 1994, the Chief Judge entered an order requiring that the Sheriff provide security for the Courthouse "substantially in accord with [the] Sheriff['s] ... memo ... dated December 30, 1993." The order also specified that the Board pay the costs of the security equipment and personnel. The Chief Judge based his conclusions on section 13-1-114(2), 6A C.R.S. (1987),[3] section 30-10-515, 12A C.R.S. (1987), and case law supporting the inherent powers of the court. The Board and the Sheriff filed a joint motion for reconsideration. The motion was denied, and they appealed.

II

Inherent Powers Doctrine

A

In Pena v. District Court, 681 P.2d 953 (Colo.1984), we affirmed the basic principles underlying the inherent powers doctrine.

The inherent powers which courts possess consist of: "[A]ll powers reasonably required to enable a court to perform efficiently its judicial functions, to protect its *548 dignity, independence, and integrity, and to make its lawful actions effective. These powers are inherent in the sense that they exist because the court exists; the court is, therefore it has the powers reasonably required to act as an efficient court."

Id. at 956 (quoting Jim R. Carrigan, Inherent Powers and Finance, Trial, Nov.-Dec. 1971, at 22, 22). The separation of powers doctrine provides the basis for the inherent powers of the courts.[4] Previously, we stated:

In their responsibilities and duties, the courts must have complete independence. It is not only axiomatic, it is the genius of our government that the courts must be independent, unfettered, and free from directives, influence, or interference from any extraneous source. It is abhorrent to the principles of our legal system and to our form of government that courts, being a coordinate department of government, should be compelled to depend upon the vagaries of an extrinsic will. Such would interfere with the operation of the courts, impinge upon their power and thwart the effective administration of justice. These principles, concepts, and doctrines are so thoroughly embedded in our legal system that they have become bone and sinew of our state and national polity.

Smith v. Miller, 153 Colo. 35, 40-41, 384 P.2d 738, 741 (1963); see also Chiles v. Children A, B, C, D, E, and F, 589 So.2d 260, 264 (Fla.1991) ("[N]o branch [of government] may encroach upon the powers of another."); In re Alamance County Court Facilities, 329 N.C. 84, 405 S.E.2d 125, 129 (1991) ("A court's inherent power is that belonging to it by virtue of its being one of three separate, coordinate branches of the government."); In re Salary of Juvenile Director, 87 Wash.2d 232, 552 P.2d 163, 171 (1976) ("[C]ourts possess inherent power, that is, authority not expressly provided for in the constitution but which is derived from the creation of a separate branch of government and which may be exercised by the branch to protect itself in the performance of its constitutional duties."). However, a court's inherent power is not unlimited and may be exercised only in certain situations.

A court's inherent authority is generally limited to matters that are reasonably necessary for the proper functioning of the judiciary. See In re Alamance County Court Facilities, 405 S.E.2d at 129; In re Salary of Juvenile Director, 552 P.2d at 173; see also Smith, 153 Colo. at 41, 384 P.2d at 741 (stating that "those who control the purse" should not pay expenses "only where the amounts are so unreasonable as to affirmatively indicate arbitrary and capricious acts"). While the separation of powers doctrine prevents another branch of government from encroaching upon the judiciary, the same principle bars a court from intruding into the affairs of the legislative or executive branches. See Kort v. Hufnagel,

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