APPOINTMENT OF A RETIRED JUSTICE OR JUDGE PURSUANT TO COLORADO REVISED STATUTE § 13-3-111
Colorado State Judges face an ever increasing case load each year. No matter how hard each judge works to keep up with his or her docket, there are many times when cases are double or triple set, requiring continuances on the court's own motion. The result is a delay in resolution of a case, plus added costs in additional trial or hearing preparation.
The Colorado General Assembly has provided an alternative to such delays. Colorado Revised Statute § 13-3-111 provides, in part, as follows:
(1) Upon agreement of all appearing parties to a civil action that a specific retired or resigned justice of the supreme court or a retired or resigned judge of any other court be assigned to hear the action and upon agreement that one or more of the parties shall pay the agreed upon salary of the selected justice or judge, together with all other salaries and expenses incurred, the chief justice may assign any retired or resigned justice or retired or resigned intermediate appellate, district, probate, or juvenile court judge who consents temporarily to perform judicial duties for such action.
This section allows parties to a civil action, which would include domestic and probate cases, to agree to seek the appointment of a special judge for their case. No longer would the parties be subject to the possibility of multiple continuances on a case.
Unlike arbitration where the right of appeal to a district court is extremely limited, appointment of a retired or resigned judge allows preservation of the full right of appeal. The specially appointed judge has all of the powers of a judge of the court in which the case is filed. There is no waiver of any appellate right.
Costs to the parties will be comparable to arbitration. Costs for a court reporter can be shared or the parties can stipulate to use of a tape recorder for preserving a record. Other incidental costs should be minimal, especially when measured against the cost of multiple preparations for a trial or hearing. Please note that C.R.S. § 13-3-111 allows a specially appointed judge to sit on jury trials in civil matters. The ultimate decision to allow appointment rests with the Chief Justice of the Colorado Supreme Court.
LRC can provide to you an alternative to crowded dockets and arbitration. Preserve the right of appeal, while gaining for you and your client prompt professional resolution of your case.
Domestic Forms
Civil Forms
Arbitration Agreement Form
