Colorado Commission on Judicial Discipline

This article is currently outside of Ballotpedia's coverage scope and does not receive scheduled updates. If you would like to help our coverage scope grow, consider donating to Ballotpedia.

The Colorado Commission on Judicial Discipline was established by an amendment to the state constitution. It serves as an independent judicial disciplinary agency in Colorado. The commission has jurisdiction over the conduct of judges for the county courts and district courts, as well as justices serving on the court of appeals and the supreme court.^[1]

Note: State judicial disciplinary agencies do not have appellate jurisdiction or authority over federal court judges and justices.

Organization[edit]

The commission is made up of 10 members: two county court judges, two district court judges, two lawyers and four members of the public. Members serve four-year terms.^[2]^[3]

Judges are appointed by the chief justice of the supreme court.
Lawyers must have practiced law in the state for 10 years. They are appointed by the governor and confirmed by the senate.
Members of the public must not be current, or former, judges or lawyers. They are also appointed by the governor and confirmed by the senate.
If a member's position ends in the middle of their term, a new member is appointed to serve the remainder of the unexpired term.
Special members may be appointed in a situation where a member is disqualified to act.

The commission appoints an executive director to manage the commission's office and operations.^[2]

Members of the commission[edit]

A current list of the members can be found on the commission's website.

Complaint procedure[edit]

The standard case flow is as follows:^[4]

A complaint is filed with or initiated by the commission.
The executive director of the commission screens all complaints and dismisses any that are "frivolous, unfounded, solely appellate in nature, or outside the jurisdiction of the Commission."
The commission reviews the screened complaints and decides if there are sufficient grounds for an investigation.
The commission authorizes the executive director to initiate a preliminary investigation and notifies the judge about the complaint and investigation.
If the preliminary investigation indicates there is a reasonable basis for the allegation, further investigation will take place.
After the investigation, the commission may:
- Dismiss the complaint.
- Issue a private admonishment, reprimand or censure.
- Defer the case while the judge seeks counseling, medical or other professional help.
- Issue a finding of probable cause and start formal proceedings.
Formal proceedings involve a trial to address misconduct. Special counsel issues a formal complaint against the judge and three special masters are appointed by the supreme court hear the case.
Formal proceedings may result in:
- The dismissal of the case.
- A recommendation to the supreme court for: removal, retirement, public reprimand, public censure or other methods to address the misconduct.

Governing laws[edit]

Constitution[edit]

The basic mandate of the commission is governed by Article VI, Section 23, of the Colorado Constitution.

Rules of procedure[edit]

As of 2012, the Colorado Rules of Judicial Discipline are listed as follows:^[5]

PART A. GENERAL PROVISIONS

Rule 1. Scope, Objectives and Title
Rule 2. Definitions
Rule 3. Organization and Administration
Rule 4. Jurisdiction and Powers
Rule 5. Grounds for Discipline
Rule 6. Confidentiality and Privilege [DELETED – now 6.5]
Rule 6.5. Confidentiality and Privilege
Rule 7. Notice of Action
Rule 8. Service
Rule 8.5. Procedural Rights of Judge
Rule 9. Disqualification of an Interested Party
Rule 10. Immunity
Rule 11. Amendment of Rules

PART B. PRELIMINARY PROCEEDINGS

Rule 12. Filing a Complaint
Rule 13. Screening of Complaints
Rule 14. Preliminary Investigation
Rule 15. Independent Medical Examination
Rule 16. Determination
Rule 17. Disqualification of a Judge

PART C. FORMAL PROCEEDINGS

Rule 18. Statement of Charges, Notice and Pleadings in Formal Proceedings
Rule 18.5. Special Masters
Rule 19. Response of Judge
Rule 20. Setting for Hearing
Rule 21. Discovery
Rule 22. Subpoena and Inspection
Rule 23. Witness Fees and Expenses
Rule 24. Special Masters [DELETED – now 18.5]
Rule 25. Prehearing Procedures
Rule 26. Hearing
Rule 27. Procedures and Rules
Rule 28. Procedural Rights of Judge [DELETED – now in 8.5 and 33]
Rule 29. Amendment to Pleadings
Rule 30. Additional Evidence
Rule 31. Standard of Proof
Rule 32. Recommendation to Supreme Court
Rule 33. Record of Proceedings
Rule 33.5 Cases Involving Mental or Physical Disability

PART D. DISPOSITIONS AND SANCTIONS

Rule 34. Temporary Suspension
Rule 35. Dispositions
Rule 36. Sanctions
Rule 36.5 Conviction of a Crime

PART E. SUPREME COURT ACTION

Rule 37. Certification and Notice
Rule 38. Exceptions
Rule 39. Additional Findings
Rule 40. Decision

History[edit]

Date	Developments
1966	An initiated constitutional amendment provided for the Colorado Commission on Judicial Qualifications.^[4]
1982	A constitutional amendment renamed the Colorado Commission on Judicial Qualifications to the Colorado Commission on Judicial Discipline.^[4]
2002	A constitutional amendment deleted obsolete language from the constitutional provision regarding the commission.
2010	The nine canons of the Code of Judicial Conduct were reorganized into four canons.^[4]
2012	The supreme court enacted a major revision to the Colorado Rules of Judicial Discipline.^[4]^[5]

Code of Judicial Conduct[edit]

Below is the summary of the Colorado Code of Judicial Conduct. Full documentation is available at the Colorado Commission on Judicial Discipline's website.

Canon 1: A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.

Canon 2: A judge shall perform the duties of judicial office impartially, competently, and diligently.

Canon 3: A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.

Canon 4: A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.^[6]

Contact information[edit]

Colorado Commission on Judicial Discipline
1300 Broadway, Suite 210
Denver, Colorado 80203

Phone: (303) 457-5131
Fax: (303) 457-5195
Email: judicialconduct@jd.state.co.us

External links[edit]

Colorado Commission on Judicial Discipline

Footnotes[edit]

Colorado courts

Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado

State courts:

Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado county courts • Denver Probate Court, Colorado • Denver Juvenile Court

State resources:

Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado

[1] Colorado Commission on Judicial Discipline, "Home"

[ccjdabout-2] 2.0 ^2.1 Colorado Commission on Judicial Discipline, "About Us"

[3] Colorado Constitution, "Art. VI, Section 23"

[2011report-4] 4.0 ^4.1 ^4.2 ^4.3 ^4.4 Colorado Commission on Judicial Discipline, "2011 Annual Report"

[Rules-5] 5.0 ^5.1 Colorado Rules of Civil Procedure - Chapter 24, Colorado Rules of Judicial Discipline

[6] Colorado Commission on Judicial Discipline, "Colorado Code of Judicial Conduct July 1, 2010"

[1]

[2]

[3]

[4]

[5]

[6]