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HomeMy WebLinkAboutR1963-04 BoCC of Montezuma County Reso that the State Legislature by law organize the county and district courts � • Iv RESOLUTION - July 22, 1963 WHEREAS the State Legislature is considering enactment of 0 laws implementing the Constitutional Amendment pertaining to reorgan- ization of the judicial branch of the state government, AND WHEREAS said constitutional amendment created only state courts and not county courts, AND WHEREAS the individual counties, through their Boards of County Commissioners, will not have any say or any control whatsoever over or as to the salaries and personnel of the state courts, AND WHEREAS the only source of revenue of the counties is through ad valorem taxation, with statutory limitations thereon, AND WHEREAS for years the state legislature has been endeavor- ing to give relief from property taxation, and to more equally dis- tribute the financing of the state government, AND WHEREAS the judicial branch of our state government, and the various counties, are not part of the legislative branch of our state government, and are thus without legislative authority. NOW THEREFORE BE IT RESOLVED by the Board of County Commis- sioners of Montezuma County, Colorado that the State Legislature by law organize the county and district courts, i.e. establish the per- sonnel of each; their qualifications and tenure; their pay, vacations, illretirement, etc; and to provide that the county judges (as well as district judges ) and the personnel of the county and district courts be paid directly by and through the state. AND BE IT FURTHER RESOLVED that all fees, fines, etc. paid into or received by the courts, and moneys derived through income tax- ation be used to finance the laws so enacted. The above resolution unanimously adopted this 22 day of July 1963, F. E. Reddert Chairman of Board 410 County attorney' s memo regards the Board of County Commis- • sinners of Montezuma County, Colorado resolution applicable to the state courts : The Constitutional Amendment: (All emphasis supplied) "Section 19. Laws relating to courts - uniform. All laws relating to state"•courts shall be general and uniform operation throughout the state, * the organization, * * shall be uniform. * * * :;." "Section 1. Vestment of judicial power. The judicial power of the state shall be vested in * * *, district courts,* * *, county courts, :: ., ;;. U Thus the county and district courts are STATE courts, not county, though the name might mislead those who have not read the amendment. The Constitutional Amendment expressly provides that the qualifications of county judges, and the salaries of the county, district and supreme court judges and justices shall be as established by law. The state legislature is the only branch of our government with power to enact LAWS. 411 Thus it is solely the duty of the State Legislature to the judicial branch of our state government, and not a duty of the individual counties . The State Legislature cannot surrender it 's legislative authority and power to the judicial branch (or any other) of the government, i.e. allow the judges to organize their own courts, and to establish the salaries, etc. of its personnel and then simply hand the bill to the various Boards of County Commissioners and to tell them to pay it or else. By well established constitutional law such an attempt on the part of the legislature would constitute and be an unlawful delegation of legislative authority. Strange indeed that the judicial branch - which has the sole power to interpret, construe and declare what the law is - is the branch attempting to make itself as autonomous as it would be with such added economics and Political powerI Should the legislature desire such,, let the judges hand the bill to the state - not to the Boards of County CommissionersI