Pena v. District Court of Second Judicial District

681 P.2d 953, 1984 Colo. LEXIS 529
CourtSupreme Court of Colorado
DecidedApril 30, 1984
Docket83SA286
StatusPublished
Cited by83 cases

This text of 681 P.2d 953 (Pena v. District Court of Second Judicial District) 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
Pena v. District Court of Second Judicial District, 681 P.2d 953, 1984 Colo. LEXIS 529 (Colo. 1984).

Opinions

NEIGHBORS, Justice.

This is an original proceeding filed pursuant to C.A.R. 21 and section 3 of article VI of the Colorado Constitution in which the petitioners, Mayor Federico Pena, et al., contest the respondent judge’s jurisdiction to order the issuance of an amended citation to show cause why the City and County of Denver should not be required to lower the temperature in Courtroom 21 of the Denver District Court. We issued a rule to show cause why the respondents should not be prohibited from proceeding against the petitioners pursuant to the amended citation to show cause. We now make the rule absolute.

I.

On June 8, 1983, Judge Sandra I. Rothen-berg, respondent, was presiding over a criminal case in the Denver District Court in which the defendant was charged with [955]*955attempted murder.1 The trial was proceeding routinely in Courtroom 21 when a young, healthy juror became ill from the heat. The trial was delayed while the juror rested. During this time, the respondent judge spoke with William H. McNichols, then Mayor of the City and County of Denver (County). Mayor McNichols advised the respondent that it was the responsibility of the State of Colorado (State) rather than the County to cool the courtroom. On that day, the respondent judge directed the Clerk of the Denver District Court to issue a citation to show cause ordering Governor Richard D. Lamm and Mayor McNichols, or their authorized representatives, to appear before the court on July 6, 1983, to show cause “why they should not be ordered to lower the temperature in Courtroom 21 of the Denver District Court to a habitable, healthful and properly ventilated temperature.” The citation was served upon the appropriate person in both the governor’s and the mayor’s offices.

On June 28, 1983, the respondent judge held an informal prehearing conference for the purpose of clarifying the issues to be resolved on July 6. Attorneys representing the State and the County orally requested that the respondent court vacate the order and quash the citation on the grounds that the respondent court lacked personal and subject matter jurisdiction over them and had acted without and in excess of its statutory authority by issuing the order and citation. The respondent judge directed counsel to file written motions and continued the case until July 6, 1983.

On July 6, 1983, the» respondent judge conducted a hearing. At the conclusion of the hearing, she (1) granted the State’s motion to dismiss on the ground that it has no duty to provide adequate courtrooms in Denver County; (2) determined that the County was responsible for maintaining adequate courtroom conditions, specifically ventilation of Courtroom 21; (3) ordered the clerk of the court to issue an amended citation to show cause directed to all parties necessary for a full adjudication of the issues;2 (4) set a hearing date of July 19, 1983, in order to permit the added parties to present their arguments regarding the adequacy of the courtroom facilities, the necessity of court intervention, and the appropriate remedy, if any; and (5) denied the petitioners’ motion for a stay of the proceeding.

The petitioners were served with the amended citation on July 12, 1983, and filed this original proceeding on July 13, 1983. We issued the rule to show cause and ordered a stay of proceedings in the respondent court on July 14,1983.

The petitioners concede that Colorado courts possess inherent powers. However, they claim that the doctrine of inherent powers has been abrogated, or at least severely limited, by the adoption of constitutional, statutory, procedural, and administrative rules and regulations. Since the petitioners contend that the district court failed to comply with the applicable rules and procedures, they argue that the court acted without and in excess of its jurisdiction by ordering the clerk to issue an amended citation to show cause why the petitioners should not be ordered to lower the temperature in Courtroom 21.

II.

Article III of the Colorado Constitution divides the powers of state government into three distinct and co-equal branches or departments and directs that, “[n]o person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others_” The fundamental meaning of the separation of [956]*956powers doctrine is that the three branches of government are separate, coordinate, and equal. In Smith v. Miller, 158 Colo. 35, 40-41, 384 P.2d 738, 741 (1963), we stated:

“It is an ingrained principle in our government that the three departments of government are coordinate and shall co-operate with and complement, and at the same time act as checks and balances against one another but shall not interfere with or encroach on the authority or within the province of the other. The legislative and executive departments have their functions and their exclusive powers, including the ‘purse’ and the ‘sword.’ The judiciary has its exclusive powers and functions, to-wit: it has judgment and the power to enforce its judgments and orders. In their responsibilities and duties, the courts must have complete independence. ... [I]t 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.”

The separation of powers doctrine imposes upon the judiciary a proscription against interfering with the executive or legislative branches, as well as a duty to perform its constitutional and statutory obligations with complete independence. See Smith, 153 Colo. at 40, 384 P.2d at 741. This latter aspect of the separation of powers doctrine places on courts the “affirmative obligation[s] to assert and fully exercise their powers, to operate efficiently by modern standards, and to protect their independent status.... ” Carrigan, Inherent Powers and Finance, Trial, Nov.-Dec. 1971, at 22. 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 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. (Emphasis in original.) Accordingly, this court has adopted the general rule that the judicial branch of government possesses the inherent power to determine and compel payment of those sums of money which are reasonable and necessary to carry out its mandated responsibilities. Smith, 153 Colo. 35, 384 P.2d 738. The policy consideration supporting this rule was stated cogently in Commonwealth ex rel. Carroll v. Tate, 442 Pa.

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Bluebook (online)
681 P.2d 953, 1984 Colo. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pena-v-district-court-of-second-judicial-district-colo-1984.