§ 13-5.5-106 — Rules, guidelines, and procedures

Colorado § 13-5.5-106

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Commissions on Judicial

Text

(1) The state commission
shall adopt rules, guidelines, and procedures as necessary to implement and
effectuate the provisions of this article 5.5, including rules, guidelines, and
procedures governing the district commissions.

(2) The state commission shall consider proposed rules, guidelines, or
procedures from the judicial department; except that nothing in this section
requires the state commission to seek approval from the judicial department. The
state commission retains the authority for the adoption of final rules, guidelines, or
procedures. The state commission may, at its discretion and within existing
appropriations and resources, retain independent legal counsel to review any rules,
guidelines, or procedures adopted pursuant to this section or section 13-5.5-105.

(3) The state commission may adopt rules, guidelines, or procedures that
provide guidance to commissioners regarding the review or interpretation of
information obtained as a result of the evaluation process and the criteria contained
in section 13-5.5-107. Any such rules, guidelines, or procedures must:

(a) Take into consideration the reliability of survey data and be consistent
with section 13-5.5-105; and

(b) Not divest any commissioner of his or her ultimate authority to decide
whether a justice or judge meets the minimum performance standards, as
established by the state and district commissions.

(4) The state commission shall post a notice of the proposed rule, guideline,
or procedure; allow for a period for public comment; and give the public an
opportunity to address the state commission concerning the proposed rule,
guideline, or procedure at a public hearing.

Legislative History

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, � 1, effective August 9.