h_jud_2017a_2017-03-16t13:38:51z0 Hearing Summary

Date: 03/16/2017

Location: RM 271

01:39 PM -- HB17-1132



The committee was called to order. A quorum was present. Representative Lundeen, prime sponsor, presented House Bill 17-1132, concerning judicial disqualification in civil actions. Representative Lundeen explained the effect of the bill and discussed its need. He discussed the effect of some forthcoming amendments, and responded to questions regarding the stakeholder process that resulted in the bill. Representative Lundeen responded to questions regarding how a judge is disqualified under strike-below amendment L.006 (Attachment A), and the ability of the General Assembly to set procedure for the judiciary.



17HouseJud0316AttachA.pdf



01:57 PM



Discussion ensued regarding the time frame for disqualifying a judge under the bill, and the motion for disqualifying a judge. The following persons testified regarding HB 17-1132:



02:01 PM -- Ms. Amy DeVan, representing the Colorado Bar Association, testified in opposition to the bill. Ms. DeVan discussed the effect of the bill on the ability of judges to manage their caseloads, and expressed concerns about the bill leading to removal of judges for improper reasons. Ms. DeVan responded to questions regarding the disruption of the judicial process by removal of judges. Discussion ensued regarding the potential abuse of process under HB 17-1132.





02:17 PM



Discussion continued regarding the potential for those before the court to engage in "gamesmanship" under the bill, and certain practical considerations with respect to the legislation. Discussion followed regarding the potential impact of the bill on the judiciary in rural areas.



02:32 PM -- Ms. Kayla Dreyer, representing the Colorado Bar Association, testified in opposition to the bill. Ms. Dreyer discussed the processes in place to allow for judicial discipline. Ms. Dreyer responded to questions regarding judicial disqualification during the course of a case, and data concerning motions to disqualify a judge. Discussion ensued regarding judicial discretion on the matter of allowing an appeal.



02:39 PM -- Mr. David Hollenbach, representing himself, testified in support of the bill. Mr. Hollenbach discussed flaws in the current recusal laws for judges, and the impact a conflicted judge had on his business. Mr. Hollenbach responded to questions regarding the timeline of his case.



02:54 PM -- Mr. Terry Scanlon, representing the Judicial Department, testified on the bill for information purposes. Mr. Scanlon addressed questions raised during earlier testimony. Mr. Chris Ryan, representing the Judicial Department, responded to questions regarding caselaw associated with appeals of abuse of discretion by judicial officers, and the process associated with removing a judge.





03:14 PM



Discussion continued regarding the process associated with removing a judge.



03:18 PM -- Ms. Sophia San Miguel, representing herself, testified in support of the bill.





03:22 PM

BILL:	HB17-1132
TIME:	03:23:21 PM
MOVED:	Lundeen
MOTION:	Adopt amendment L.007 (Attachment B). The motion passed without objection. 17HouseJud0316AttachB.pdf
SECONDED:	Wist
		VOTE
	Benavidez
	Foote
	Herod
	Lawrence
	Lundeen
	Melton
	Weissman
	Willett
	Wist
	Salazar
	Lee
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:25 PM



The chair laid over HB 17-1132.