Public guardianship commission created - office of public guardianship created - appointment of director - memorandum of understanding.

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  2. Colorado Revised Statutes
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  4. Office of Public Guardianship
  5. Public guardianship commission created - office of public guardianship created - appointment of director - memorandum of understanding.

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(1) The public guardianship commission is hereby created within the judicial department. The commission includes five members, to be appointed as follows:

  1. On or before November 1, 2017, the Colorado supreme court shall appoint threemembers, no more than one of whom is from the same political party. Two of the supreme court's appointees must be attorneys admitted to practice law in this state, and one must be a resident of Colorado not admitted to practice law in this state.

  2. On or before November 1, 2017, the governor shall appoint two members. One of thegovernor's appointees must be an attorney admitted to practice law in this state, and one must be a resident of Colorado not admitted to practice law in this state.

  3. In making appointments to the commission, the supreme court and the governor shallconsider place of residence, sex, race, and ethnic background; and

  4. No member of the commission may be a judge, prosecutor, public defender, or employee of a law enforcement agency during his or her service on the commission.

  1. Each member of the commission serves at the pleasure of his or her appointing authority, except that each member's term of service concludes with the repeal of this article 94 pursuant to section 13-94-111.

  2. The commission shall appoint a director to establish, develop, and administer theoffice of public guardianship, which office is hereby created within the judicial department. The director serves at the pleasure of the commission.

  3. The office and the judicial department shall operate pursuant to a memorandum ofunderstanding between the two entities. The memorandum of understanding must contain, at a minimum:

  1. A requirement that the office has its own personnel rules;

  2. A requirement that the director has independent hiring and termination authority overoffice employees;

  3. A requirement that the office must follow judicial fiscal rules; and

  4. Any other provisions regarding administrative support that will help maintain theindependence of the office.

Source: L. 2017: Entire article added, (HB 17-1087), ch. 319, p. 1716, § 1, effective June 5. L. 2019: (3) amended, (HB 19-1045), ch. 366, p. 3362, § 1, effective July 1.


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