Colorado § 13-5.5-104 - State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal.

§ 13-5.5-104. State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal.

(1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission.

(2) Repealed.

(3) (a) The state commission consists of eleven members appointed as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;

(II) The minority leader of the house of representatives shall appoint one nonattorney;

(III) The president of the senate shall appoint one attorney and one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys and one attorney.

(b) and (c) Repealed.

(4) (a) Each district commission consists of ten members appointed as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;

(II) The president of the senate shall appoint one attorney and one nonattorney;

(III) The minority leader of the house of representatives shall appoint one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys.

(b) and (c) Repealed.

(4.5) (a) The twenty-third judicial district commission on judicial performance, referred to in this subsection (4.5) as the "twenty-third judicial district commission", is established on December 1, 2025. Members of the twenty-third judicial district commission are appointed pursuant to subsection (4)(a) of this section; except that a person serving as a member of the eighteenth judicial district commission on judicial performance during 2025 who resides within the twenty-third judicial district may be appointed to serve on the twenty-third judicial district commission, and if such a person is appointed, the person's term on the twenty-third judicial district commission continues for the remainder of the term to which the person was originally appointed for the eighteenth judicial district commission on judicial performance.

(b) Notwithstanding subsection (5)(a) of this section, the initial terms of the following members of the twenty-third judicial district commission expire on November 30, 2027:

(I) The nonattorney appointed by the speaker of the house of representatives pursuant to subsection (4)(a)(I) of this section;

(II) The nonattorney appointed by the minority leader of the house of representatives pursuant to subsection (4)(a)(III) of this section;

(III) The nonattorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

(IV) One of the attorneys appointed by the chief justice of the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V) One of the nonattorneys appointed by the governor pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

(c) The initial terms of the following members of the twenty-third judicial district commission expire on November 30, 2029:

(I) The attorney appointed by the speaker of the house of representatives pursuant to subsection (4)(a)(I) of this section;

(II) The attorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

(III) The nonattorney appointed by the minority leader of the senate pursuant to subsection (4)(a)(IV) of this section;

(IV) One of the attorneys appointed by the chief justice of the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V) One of the nonattorneys appointed by the governor pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

(d) During 2025, members of the eighteenth judicial district commission on judicial performance serving on June 2, 2025, shall conduct the interim evaluations pursuant to section 13-5.5-109 for judges of both the eighteenth judicial district and the twenty-third judicial district.

(e) This subsection (4.5) is repealed, effective July 1, 2030.

(5) (a) The term for a commissioner is four years and expires on November 30 of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year.

(b) The original appointing authority shall fill any vacancy on a commission, but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the state commission shall make the appointment.

(c) The appointing authority may remove a commissioner whom he or she appointed for cause.

(6) Each commission shall elect a chair every two years by a vote of the membership.

(7) State and district commissioners and employees of the state or a district commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission.

(8) A commissioner shall recuse himself or herself from an evaluation of the person who appointed the commissioner to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, § 1, effective August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, § 3, effective May 30. L. 2025: IP(3)(a) and IP(4)(a) amended, (3)(b), (3)(c), (4)(b), and (4)(c) repealed, and (4.5) added, (HB 25-1298), ch. 354, p. 1910, § 1, effective June 2. L. 2026: (4.5)(e) amended, (SB 26-169), ch. 311, p. 1800, § 12, effective August 12.

Editor's note: (1) This section is similar to former §§ 13-5.5-102 and 13-5.5-104 as they existed prior to 2017.

(2) Subsection (2)(c) provided for the repeal of subsection (2), effective January 31, 2019. (See L. 2017, p. 1768.)

ANNOTATION

Annotator's note. Since § 13-5.5-104 is similar to former § 13-5.5-102 as it existed in 2005, a relevant case construing that provision has been included in the annotations to this section.

Effect of 1997 amendment was to establish that terms of all members expire on November 30 of even-numbered years. Romanoff v. State Comm'n on Judicial Performance, 126 P.3d 182 (Colo. 2006).

A member may serve past the expiration of the member's term until a successor is appointed. Romanoff v. State Comm'n on Judicial Performance, 126 P.3d 182 (Colo. 2006).

Original appointing official may not appoint a successor more than 45 days after the expiration of a member's term. The state commission is authorized to appoint a successor when the original appointing official fails to make the appointment within 45 days after the expiration of a member's term. Romanoff v. State Comm'n on Judicial Performance, 126 P.3d 182 (Colo. 2006).