TC Res. No. 2006-37A OPPOSITION TO THE 20U6 BALLOT ISSUE KNOWN ASRESOLUTION NO. 37 PL
A RESOLUTION IN OPPOSITION TO THE 20U6 BALLOT ISSUE KNOWN AS
"TERM LIMITS - FOR SUPREME COURT AND, COURT OF APPEALS
JUDGES," AMENDMENT 140 TO THE COLORADO CONSTITUTION, THAT
WOULD,-POLITICIZE THE APPELLATE COURTS AND ADVERSELY
IMPACT THE' JUDICIAL PROCESS
: -WHEREAS, an initiated constitutional amendment; Amendment-40 to the Colorado
Constitution, has been certified for consideration by the voters of the state of Colorado at the
regular election to be held on November 7, 2006; and
WHEREAS, Amendment 40 would cause all appellate court judges -to.be up for
ye
reelection at the general election in 2007 but only if those judges have not then served ten'arsin
office; and
WHEREAS, the effect of Amendment 40 would be to remove from office next year
five supreme court justices and seven court of appeals judges; and
WHEREAS, the effect of Amendment 40 would be to limit the independence of the
Judiciary and to politicize their appointment by placing a limit of ten years on the service of any
appellate judge, thereby empowering the governor with the appointment of a majority of the
appellate judges after each general election; and
WHEREAS, the, further effect of Amendment 40 would be to deprive this state of
the wisdom and experience of our sitting appellate judges and substitute on-the job training after
each appointment; and
WHEREAS, the further effect of Amendment 40 would be to discourage the most
qualified trial judges and attorneys from applying for appointment to the appellate bench; and
_ - W13E_ REAS,~the_further effect of Amendment 40 would be to cause newcomers to
the appellate courts to be reviewing the decisions of seasoned trial judges, for whom no term limits
are proposed; and
WHEREAS, no other state has placed term limits on the judiciary; and
WHEREAS, the best interests of the Town of Avon and-its citizens will not be
served by the attack on the independence and competence of the judiciary contained in Amendment
40;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Avon that this Council opposes term limits for appellate judges and Amendment 40 on the ballot
for the November 7, 2006, general election.
ADOPTED the 1a 'day of September, 2006.
r.
ATTEST:
T wn lerk
say
onald C. Wo e, Mayor
• r
WHEREAS, the best interests of the Town of Avon and its citizens will not be
served by the "tyranny of the minority" which could be engendered by Amendment 38;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Avon that this Council opposes the ballot question known as "Petitions," Amendment 38 on the
ballot for the November 7, 2006, general election.
ADOPTED the lam--day of September, 2006.
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ATTEST:
i
4
own Clerk
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