Commission on Judicial Discipline

C.R.S. tit. 13, art. 5.3

in effect

C.R.S. § 13-5.3-101 Definitions

13-5.3-101. Definitions. As used in this article 5.3, unless the context otherwise requires: (1) "Attorney" means a person admitted to practice law before the courts of this state. (2) "Code" means the Colorado code of judicial conduct. (3) "Commission" means the commission on judicial discipline, established pursuant to section 23 (3) of article VI of the Colorado constitution. (4) "Commissioner" means an appointed member of the commission on judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution. (5) "Complaint" means information in any form from any source that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated. (6) "Department" means the Colorado state judicial department and all its subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts. (7) "Executive director" means the executive director of the office of judicial discipline appointed pursuant to section 13-5.3-103. (8) "Fund" means the commission on judicial discipline special cash fund, created in section 13-5.3-104. (9) (a) "Judge" means any justice or judge of any court of record of this state serving on a full-time, part-time, or senior basis. (b) "Judge" also includes any justice or judge who has retired within the jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court. (c) "Judge" does not include municipal judges or magistrates, administrative law judges, or Denver county court judges, who are subject to different disciplinary authorities. (9.5) "Judicial discipline adjudicative board" means the judicial discipline adjudicative board created pursuant to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary proceedings. (10) "Justice" means a justice serving on the supreme court of Colorado on either a full-time or senior basis. (11) "Misconduct" means conduct by a judge that may reasonably constitute grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution. (12) "Office" means the office of judicial discipline established in section 13-5.3-103. (13) "Office of the state court administrator" means the office created pursuant to section 13-3-101 (1). (13.5) "Panel" means a three-member panel of the judicial discipline adjudicative board consisting of one judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to hear an appeal of an order of informal remedial action. (14) "Rules" means the Colorado rules of judicial discipline. (15) "Supreme court" means the supreme court of the state of Colorado established pursuant to article VI of the Colorado constitution.

C.R.S. § 13-5.3-102 Commission on judicial discipline - powers and duties

13-5.3-102. Commission on judicial discipline - powers and duties. (1) Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial discipline is established as an independent commission housed within the department. (a) Members of the commission are appointed and serve pursuant to section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution. (b) (I) The supreme court shall select the members of the commission who are judges of the district courts and judges of county courts from among the nominee pools created by the state court administrator pursuant to subsection (2)(b)(II) of this section; except that when making its selections, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county. (II) (A) Upon a vacancy of a district judge member of the commission, the state court administrator shall create a district judge nominee pool that consists of ten district judges randomly selected by the state court administrator, or the administrator's designee, from among all district judges of the state not currently a member of the commission. (B) Upon a vacancy of a county judge member of the commission, the state court administrator shall create a county judge nominee pool that consists of ten county judges randomly selected by the state court administrator, or the administrator's designee, from among all county judges of the state not currently a member of the commission. (C) When creating the nominee pool, the state court administrator or the administrator's designee shall only include judges who do not have a current disciplinary investigation or proceeding pending before the commission or judicial discipline adjudicative board; have not received a disciplinary sanction from the commission, judicial discipline adjudicative board, or supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse themselves from the commission. The random selection of judges to a nominee pool is a purely administrative function. (3) The commission shall: (a) Investigate and resolve requests for evaluation of potential judicial misconduct in accordance with the Colorado constitution, the rules, and this article 5.3; (b) Appoint an executive director of the office of judicial discipline; (c) Establish positions, roles, and minimum starting salaries for employees of the office; (d) Hire employees of the office who serve at the pleasure of the commission. Employees of the office may include clerical assistants; attorneys who serve as special counsel; and investigators. (e) Employ attorneys or appoint outside special counsel pursuant to sections 24-31-101 (1)(g) and 24-31-111 who serve at the pleasure of the commission; assign duties to special counsel at the discretion of the commission, which may include serving as representatives of the people of the state of Colorado in formal proceedings; and determine the compensation of special counsel; and (f) Approve a budget for the commission and the office and assist the executive director in managing the office and providing fiscal oversight of the office's operating budget. (4) Commissioners are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners consistent with the "Colorado Governmental Immunity Act", article 10 of title 24.

C.R.S. § 13-5.3-103 Office of judicial discipline - created - executive director - duties - oversight

13-5.3-103. Office of judicial discipline - created - executive director - duties - oversight. (1) (a) The office of judicial discipline is established as an independent office housed within the department. The commission shall oversee the office. (b) Subject to the commission's supervision, the office shall: (I) Staff and support the commission's operations. The initial staffing includes the executive director, a full-time administrative support person, an attorney, and an investigator. (II) Receive requests for evaluation involving justices and judges; (III) Conduct public education efforts concerning the judicial discipline process and the recommendations made by the commission; (IV) Engage in and provide educational background to the public, the department, judicial nominating commissions, and judicial performance commissions regarding the requirements of the code and the commission; and (V) Complete any other duties as assigned by the commission. (2) (a) The commission shall appoint an executive director of the office. The executive director: (I) Shall be admitted to practice law in the courts of this state and have practiced law in this state for at least ten years; (II) Shall not be involved in the private practice of law while serving as the executive director; and (III) Shall not appear as an attorney before the commission for a period of five years following service as the executive director. (b) The executive director serves at the pleasure of the commission. The executive director's compensation is the same as the compensation the general assembly establishes for district court judges. The executive director shall hire additional staff for the office as necessary and as approved by the commission. (c) The executive director has the following duties: (I) Establish and maintain a permanent office; (II) Respond to inquiries about the commission or the code; (III) Advise the commission on the application and interpretation of the code and the rules; (IV) Process requests for evaluation of judicial conduct; (V) Conduct or supervise evaluations and investigations as directed by the commission; (VI) Advise the commission as to potential dispositional recommendations as may be requested by the commission; (VII) Maintain commission records; (VIII) Maintain statistics concerning the operation of the commission and make them available to the commission; (IX) Prepare the commission's budget and, once approved by the commission, submit it to the joint budget committee of the general assembly; (X) Administer commission money and resources, including money in the commission on judicial discipline special cash fund; (XI) Supervise commission staff; (XII) Notify the appropriate appointing authority of vacancies on the commission; (XIII) Assist the commission in preparing an annual report of the commission's activities for presentation to the commission, the supreme court, and the public; (XIV) Supervise special counsel, investigators, other experts, or personnel as directed by the commission, as they investigate and process matters before the commission and before the supreme court; and (XV) Perform such other duties as required by the rules, this article 5.3, the rules promulgated by the commission, or the commission. (3) The department shall provide the commission and the office with office space in the Ralph L. Carr Colorado judicial center. (4) Repealed.

C.R.S. § 13-5.3-104 Commission on judicial discipline special cash fund - acceptance of federal funds - general appropriations

13-5.3-104. Commission on judicial discipline special cash fund - acceptance of federal funds - general appropriations. (1) The commission is authorized to accept any federal funds made available for any purpose consistent with the provisions of this article 5.3. (2) Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same to the commission on judicial discipline special cash fund, which is created in the state treasury. (3) Any expenses, attorney fees, or costs recovered pursuant to this article 5.3 must be transmitted to the state treasurer, who shall credit the same to the fund. (4) Money in the fund is continuously appropriated to the commission for the purposes specified in subsection (6) of this section. (5) Any interest derived from the deposit and investment of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and is not credited or transferred to the general fund or another fund. (6) Money in the fund may be used for payment of the expenses for evaluations, investigations, formal proceedings, or special projects that the commission has determined are to be undertaken by personnel other than or in addition to those employed by the office. (7) For the state fiscal year 2022-23, the general assembly shall appropriate from the general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year with not less than four hundred thousand dollars.

C.R.S. § 13-5.3-105 Information-sharing with judicial oversight entities - legislative declaration

13-5.3-105. Information-sharing with judicial oversight entities - legislative declaration. (1) The general assembly finds and declares that: (a) Several entities within the department share a role in the oversight of the judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as "judicial oversight entities"; and (b) In order for the commission and the judicial oversight entities to properly perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality. (2) When requested by a judicial oversight entity, the commission may provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules. (3) (a) When a judicial oversight entity receives information indicating or alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality. (b) A provision in a contract, including in a nondisclosure agreement, entered into after August 7, 2023, that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.

C.R.S. § 13-5.3-106 Information-sharing within the judicial department - legislative declaration

13-5.3-106. Information-sharing within the judicial department - legislative declaration. (1) The general assembly finds and declares that: (a) Offices or personnel within the department are often the first to receive complaints; (b) The department often holds evidentiary materials relating to potential misconduct and often develops evidence, through investigations or otherwise, relating to such potential misconduct; (c) The commission cannot fully pursue its constitutional mandate unless all information relevant to a complaint available to the department is freely and promptly shared with the commission; and (d) The credibility of the judiciary and judicial discipline are best served by the department promptly sharing with the commission all information and materials available to the department relevant to a complaint or potential misconduct. (2) The department shall ensure that if any member of the department, including members of the office of the state court administrator, the office of the chief justice, chief judges, district administrators, the human resources department, administrative personnel, judicial districts, clerks of court, and others, receives a complaint from an employee, volunteer, or contractor for the department, the department shall: (a) Document both the receipt of the complaint and the department's handling of the complaint, including any investigation that may be conducted, and maintain such documentation for as long as the subject of the complaint is a judge, plus three calendar years; (b) Within not more than thirty-five days after receipt of the complaint, notify the office of the complaint and provide the office with all information within the custody or control of the department related to the complaint, including: (I) Identification of potential witnesses; (II) A list of any evidence held or known; (III) Access to all evidence, including administrative files, digital data, digital or paper case files, recordings and transcripts, communications, and metadata, without charge; and (IV) Any department investigative materials that may exist, including any investigative or action plans; and (c) Notify any person supplying any information concerning a complaint, and any witness interviewed, of the following: (I) The existence, role, independence from the department, and process of communicating with the commission; (II) That information given to the commission is confidential unless and until a recommendation is made to the supreme court; (III) Rule 2.16 (B) of the code prohibiting retaliation against any person assisting the commission; (IV) That the department has a duty to disclose all information related to potential judicial misconduct to the commission; and (V) That the department is prohibited from discouraging a person from sharing information with the commission, including entering into a nondisclosure agreement that would have that effect. (3) The department's duties of disclosure arise when the department receives a complaint. (4) If the department receives a complaint alleging judicial misconduct from an individual or entity that is not an employee, volunteer, or contractor for the department, the department shall notify the complainant of the role of the commission and provide the complainant with the commission's contact information. If the complainant submits written or electronic materials in connection with a complaint, the department shall forward those materials to the commission. Each judicial district, the appellate courts, and the state court administrator's office shall adopt a written policy to implement this provision. (5) The duties to document and disclose potential judicial misconduct and related information continue when the department receives additional information. in connection with a complaint, the department shall forward those materials to the commission. Each judicial district, the appellate courts, and the state court administrator's office shall adopt a written policy to implement this provision. (5) The duties to document and disclose potential judicial misconduct and related information continue when the department receives additional information. (6) (a) The department shall: (I) Adopt procedures and policies to implement the duties stated in this section and to educate department personnel about these duties; and (II) Cooperate with any request from the commission for information related to evaluating a complaint and supply requested information or materials within a reasonable time of not more than thirty-five days after the date of request. (b) The department shall not: (I) Adopt any policy or enter into any contract that purports to impede disclosure of information related to potential judicial misconduct to the commission. The department shall not discourage any person or entity from cooperating with the commission or disclosing information to the commission. (II) Withhold from the commission disclosure of materials or information for any of the following reasons: (A) A claim of privilege held by the department, including attorney-client, attorney work product, judicial deliberation, or other claim of privilege; (B) A claim of confidentiality; (C) A claim of contractual right or obligation arising after May 20, 2022, not to disclose information, including a nondisclosure agreement; or (D) A claim that any records are part of a state auditor fraud hotline investigation or report; and (III) Retaliate, directly or indirectly, against any person communicating with the commission regarding potential judicial misconduct or its examination, any person seeking to comply with the documentation and disclosure obligations of this section, or any person otherwise assisting or suspected of assisting the commission to fulfill its constitutional mandate or its role in judicial oversight. (c) The department and the office of attorney regulation counsel will respect the confidentiality of the commission's communications and records. (d) Notwithstanding subsection (6)(b)(II) of this section, the department may withhold from disclosure to the commission materials and information whose disclosure is prohibited by federal law, information covered by judicial deliberation privilege, and materials and information in the department's custody or control through an established and confidentiality-based mental health or professional development program. For any materials or information withheld by the department under this subsection (6)(d), the department shall disclose to the commission the nature of the materials withheld, the reason the items are withheld, and, if requested by the commission, a privilege or confidentiality log compliant with the standards governing civil litigation discovery. mental health or professional development program. For any materials or information withheld by the department under this subsection (6)(d), the department shall disclose to the commission the nature of the materials withheld, the reason the items are withheld, and, if requested by the commission, a privilege or confidentiality log compliant with the standards governing civil litigation discovery. (e) The timely disclosure to the commission of information or materials pursuant to this section by the department does not, by itself, waive any otherwise valid claim of privilege or confidentiality held by the department. When the department discloses materials or information it asserts is privileged or confidential, the department and the commission shall enter an agreement under Rule 502 of the Colorado rules of evidence implementing this subsection (6)(e), in which the department and the commission agree that the disclosure does not waive, by itself, any otherwise valid claim of privilege or confidentiality held by the department, and that the commission shall hold the materials and information as confidential under the commission's procedures and not disclose privileged or confidential information to a third party except as may be required through the investigative and disciplinary process. The department and the commission may add further terms to address the individual circumstances of the matter if they agree.

C.R.S. § 13-5.3-107 Rule-making

13-5.3-107. Rule-making. (1) Section 23 (3) of article VI of the Colorado constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment. (2) Whenever the rule-making committee proposes a rule, the committee shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.

C.R.S. § 13-5.3-108 Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report - annual report

13-5.3-108. Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report - annual report. (1) The commission shall gather and maintain annual data and statistics on the following information: (a) The number of requests for evaluation received, the number of other allegations of judicial misconduct received regardless of form, and the number of requests for evaluation that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint; (b) The number of judicial misconduct investigations performed, the types of complaints investigated, and the results of the investigations; (c) The types of judicial misconduct complaints reviewed by the commission following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated; (d) The number of formal proceedings pursued; (e) The number and types of dispositions entered, including the type of any discipline imposed or recommended; and (f) The demographics, including the gender, age, race, ethnicity, or disability, of judges under discipline or investigation and those directly affected by the potential misconduct. (2) Beginning January 2023, and every January thereafter, the commission shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section 2-7-203. (3) (a) The commission shall make the information described in subsection (1) of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness. (b) Nothing in this subsection (3) requires the commission to make publicly available any information it is required to keep confidential pursuant to the Colorado constitution or law.

C.R.S. § 13-5.3-109 Representation by attorney general

13-5.3-109. Representation by attorney general. (1) Pursuant to section 24-31-111, the attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the commission and the office. The attorney general shall designate one or more assistant attorneys general to provide such legal services. Any assistant attorneys general shall not be within the same unit, section, or division of the Colorado department of law that provides legal services to the judicial department. (2) This section does not limit the commission's or office's authority to hire attorneys to serve as special counsel pursuant to section 13-5.3-102 (3)(d).

C.R.S. § 13-5.3-110 Legislative interim committee on judicial discipline - creation

13-5.3-110. Legislative interim committee on judicial discipline - creation. (Repealed)

C.R.S. § 13-5.3-111 Requests for evaluation - manner - confidential requests

13-5.3-111. Requests for evaluation - manner - confidential requests. (1) In addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website. (2) The commission and office shall permit a person to submit a confidential or anonymous request for evaluation.

C.R.S. § 13-5.3-112 Complainant notification - point of contact

13-5.3-112. Complainant notification - point of contact. (1) Upon receipt of a complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process. (2) The office shall designate a point of contact to keep complainants apprised of the status of the complainant's complaint, including periodic updates related to the complaint and timely notice of the outcome of the investigation of the complaint and the disciplinary or adjudicative process. Updates must include, but are not limited to, information about the following: (a) Dismissal of a complaint; (b) Completion of an investigation; (c) Scheduling of any hearings; (d) Results of any hearings; (e) Imposition of any remedial measures or sanctions; and (f) Appeal of any remedial measures or sanctions. (3) If a complaint is dismissed because it is outside the commission's jurisdiction, the office shall provide an explanation of the dismissal to the complainant.

C.R.S. § 13-5.3-113 Judicial discipline adjudicative board - administrative support

13-5.3-113. Judicial discipline adjudicative board - administrative support. When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any necessary approval from the chief judge of a district court, the panel judge may use the judge's own staff to provide the administrative support or, if necessary, staff of other judges in the judge's district or another district may provide the support. Staff from the same district as the respondent judge in the proceeding shall not provide administrative support to the panel.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026