Editor: I was disappointed to see the October 19 letter in the Sentinel critical of Amendment D. While a robust discussion of judicial reform is necessary to good government, we should not sacrifice the access to justice of the citizens of Douglas, Elbert and Lincoln Counties in furtherance of an interest group’s rhetorical point.
With broad bipartisan support, the Legislature created the 23rd Judicial District effective January of 2025. Such district will consist of Douglas, Elbert and Lincoln Counties. The Legislature could not have addressed two Constitutional issues that Amendment D is designed to remedy: What do we do with seven judges of the 18th Judicial District whose positions and salaries are protected by the Colorado Constitution, but who will no longer have courtrooms? How will the Court be administered during the period when a nominating commission is being convened and no judges have been appointed by Constitutional means?
The October 19 letter overlooked the provision in Article 6, Sec. 10, Para. 3, which states, “[T]he office of a district judge may not be abolished until completion of the term for which he was elected or appointed…” Judges in Douglas, Elbert and Lincoln counties were appointed by the nominating commission in the 18th Judicial District. Seven judges who did not have a courtroom or a docket in Arapahoe County would continue to be paid in their positions until the legislature eliminated their positions upon the completion of their term. A vote of “No” on Amendment D means that the legislature would have an unfunded, Constitutional mandate to pay more judges than we currently use to perform the judicial functions in Arapahoe County. This is bad government.
A nominating commission in Douglas, Elbert and Lincoln County cannot convene until the 23rd Judicial District forms in January of 2025. That means that there will be no appointed judges to serve the 375,000 citizens of those counties until the commission can convene, pass rules, solicit applications, and submit names to the Governor. Even if the new commission can fill an unprecedented number of positions in a record time, the result will be weeks, if not months without regular judges. While it is possible that Senior Judges may fill some of the positions, there is considerable doubt about whether there will be enough Senior Judges to staff the courts until other judges are appointed. A vote of “No” on Amendment D will force the legislature to expend unallocated funds to pay these judges. Again, this is bad government.
The Douglas & Elbert Bar Association, the Arapahoe County Bar Association and the Colorado Bar Association support Amendment D. County Commissioners in Arapahoe County, Douglas County, Elbert County and Lincoln County support Amendment D. Amendment D was referred to the voters based on nearly unanimous votes in both houses of the Legislature. We can ratify Amendment D to prevent fiscal irresponsibility and to provide a certain means to administer justice in Douglas Elbert and Lincoln Counties through this transition.
—Ian Shea, via letters@sentinelcolorado.com