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MORRISSEY v. STATE

Nos. 97SA3, 97SA5.

951 P.2d 911 (1998)

Karen A. MORRISSEY, Petitioner, v. The STATE of Colorado, Respondent, and U.S. Term Limits, Inc., and Dennis Polhill, Respondents-Intervenors. Richard R. GOGGIN, individually and as a duly elected and appointed Election Judge for the City and County of Denver, Colorado; Walter Cross, individually and as a previous and future candidate for the Colorado State General Assembly; Charles R. Duke, individually and as a sitting Colorado State Senator; and on behalf of all others similarly situated, Petitioners, v. The STATE of Colorado; Roy Romer, as Governor of the State of Colorado; Victoria Buckley, as Secretary of State of the State of Colorado; Gale Norton, as Attorney General of the State of Colorado; The Title Board of the State of Colorado; Victoria Buckley, Gale Norton, and Rebecca Lennahan, as members of said Title Board; and the General Assembly of the State of Colorado, Respondents, and U.S. Term Limits, Inc., and Dennis Polhill, Respondents-Intervenors.

Supreme Court of Colorado, En Banc.

January 20, 1998.

Attorney(s) appearing for the Case

Andrew B. Reid, Denver, for Petitioner.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Hugo Teufel III, Deputy Solicitor General, Paul Farley, Deputy Attorney General, Maurice G. Knaizer, Deputy Attorney General, State Services Section, Denver, for Respondents.

Paul Grant, Parker, for Respondents-Intervenors.

Isaacson, Rosenbaum, Woods & Levy, P.C., Edward T. Ramey, American Civil Liberties Union of Colorado, Mark Silverstein, Jane Anne Bell, Denver, for Amicus Curiae American Civil Liberties Union of Colorado.

John V. Fried, Denver, Pro Se.

Citizens Against Constitution Tampering, John V. Fried, Chairman, Denver, As Amici Curiae John V. Fried and Citizens Against Constitution Tampering.

Jayne Schindler, Brighton, Pro Se, As Amicus Curiae Jayne Schindler.

Richard Goggin, Denver, Pro Se.

Walter Cross, Aurora, Pro Se.

Charles R. Duke, Monument, Pro Se.

Chief Justice VOLLACK delivered the Opinion of the Court.

In this original proceeding, two separate petitioners, Karen Morrissey (97SA3) and Richard Goggin, Walter Cross and Charles R. Duke (97SA5), challenge the constitutionality of Article XVIII, Section 12 (Amendment 12), a voter initiated amendment to the Colorado Constitution.1 Pursuant to orders of this court issued on January 28, 1997,...

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