(1) The public guardianship commission is hereby created within the judicial department. The commission includes five members, to be appointed as follows:
(a) On or before November 1, 2017, the Colorado supreme court shall appoint three members, 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.
(b) On or before November 1, 2017, the governor shall appoint two members. One of the governor'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.
(c) In making appointments to the commission, the supreme court and the governor shall consider place of residence, sex, race, and ethnic background; and
(d) 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.
(2) 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.
(3) Not more than one month after receiving at least one million seven hundred thousand dollars in gifts, grants, and donations to the office of public guardianship cash fund created in section 13-94-108, the commission shall appoint a director to establish, develop, and administer the office of public guardianship, which office is hereby created within the judicial department. The director serves at the pleasure of the commission.
(4) The office and the judicial department shall operate pursuant to a memorandum of understanding between the two entities. The memorandum of understanding must contain, at a minimum:
(a) A requirement that the office has its own personnel rules;
(b) A requirement that the director has independent hiring and termination authority over office employees;
(c) A requirement that the office must follow judicial fiscal rules; and
(d) Any other provisions regarding administrative support that will help maintain the independence of the office.
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