JUDICIAL PERFORMANCE AND DISCIPLINE

Denver City Charter subtit. B, art. IV, pt. 4

in effect

Denver City Charter, art. IV, § 4.4.1 Judicial Discipline Commission.

§ 4.4.1 - Judicial Discipline Commission. (A) Commission created. There is hereby created a Denver County Court Judicial Discipline Commission established for the purposes of recommending to the Mayor censure, reprimand, or other discipline on Judges of the County Court of the City and County of Denver and recommending to the Mayor the suspension, removal, or retirement from office of any Judge of the County Court of the City and County of Denver. The Commission may also recommend to the Presiding Judge of the County Court the discipline or removal of any magistrate of the County Court of the City and County of Denver. (B) Composition. The Judicial Discipline Commission shall be composed of seven voting members, plus, as an ex-officio member in a nonvoting advisory capacity, the Presiding Judge of the County Court of the City and County of Denver. The membership of the Commission shall be made up as follows: (i) Three of the members shall be registered electors of the City and County of Denver who are not acting or retired Judges or Justices and are not licensed attorneys; two of the members shall be Judges of the Bench of the District Court in and for the City and County of Denver; and two of the members shall be registered electors who are licensed attorneys engaged in the practice of law, none of whom shall be an acting or retired Judge or Justice. (ii) No more than four members shall be affiliated with the same political party. (iii) No member shall hold any official position in any partisan political organization. (iv) No member shall be related by blood or marriage to any other member. (v) No member shall have previously been or at the time of appointment be a member of the Judicial Nominating Commission established by this Article. (C) Appointment and term. The members of the Commission shall be appointed by the Mayor for a term of four years, except that in 2003 three members may be appointed for two-year terms, and thereafter for four-year terms, for the purpose of staggering terms. If the Mayor shall fail to make an appointment to the Commission within 45 days of receiving notice from the Presiding Judge that a vacancy exists, the Presiding Judge may fill the vacancy. Vacancies shall be filled for the remainder of any unexpired term. (D) Compensation; disqualification. The members of the Commission shall not receive any salary or compensation for their services as a member. Any member who is related by blood or marriage within the third degree to a judge shall be disqualified from considering any matter concerning that judge. (Charter 1960, A13.8-5; amended November 3, 1964; amended April 1, 1991; amended November 2, 1993; Ord. No. 428-02, § 1, 6-3-02, elec. 8-13-02; Ord. No. 682-02, § 1, 8-26-02, elec. 11-5-02)

Denver City Charter, art. IV, § 4.4.2 Proceedings before Judicial Discipline Commission.

§ 4.4.2 - Proceedings before Judicial Discipline Commission. (A) Investigations and hearings required. Removal or retirement for the reasons set forth in Section 4.4.3 shall be had only after the Judicial Discipline Commission has held an investigation and hearing in accordance with due process of law. (B) Confidentiality. All papers filed with and proceedings before the Commission shall be privileged and confidential, unless the Commission files with the Mayor a recommendation that a County Court Judge be publicly censured, suspended, removed, or retired, at which time the recommendation, together with the record, shall be public. (C) Subpoenas. The Commission shall have subpoena power, and the County Court of the City and County of Denver shall have the power to enforce any subpoena so issued. (D) Procedural rules. The Commission shall publish and make available to the public such procedural rules as it may adopt for the conduct of its business. (E) Recommendations made to Mayor. The Mayor shall accept or reject the recommendation of the Commission within five days of receipt. If the Mayor accepts the Commission's recommendation, the judge shall be publicly censured, suspended, removed, or retired from office by the Mayor. If the Mayor rejects the Commission's recommendation, no action shall be taken. (Charter 1960, A13.8-9; amended November 3, 1964; amended September 12, 1972; amended April 1, 1991; Ord. No. 682-02, § 1, 8-26-02, elec. 11-5-02)

Denver City Charter, art. IV, § 4.4.3 Grounds for discipline of County Court Judge.

§ 4.4.3 - Grounds for discipline of County Court Judge. (A) General grounds. The grounds for discipline of a County Court Judge shall include: (i) Willful misconduct in office, including misconduct which, although not related to judicial duties, brings the judicial office into disrepute or is prejudicial to the administration of justice; (ii) Willful or persistent failure to perform judicial duties, including incompetent performance of judicial duties; (iii) Habitual intemperance, including extreme or immoderate personal conduct, recurring loss of temper or control, abuse of alcohol, or the use of illegal narcotic or dangerous drugs; and (iv) Any conduct that constitutes a violation of any canon of the Colorado Code of Judicial Conduct. B. Removal for disability. The grounds for removal or retirement of a County Court Judge shall include disability interfering with the performance of Judicial duties which is, or is likely to become, of a permanent character. C. Failure to cooperate with investigation. Failure or refusal of a County Court Judge to cooperate or the intentional misrepresentation of a material fact during any stage of a disciplinary proceeding may constitute willful misconduct in office. (Charter 1960, A13.8-9; amended November 3, 1964; amended September 12, 1972; amended April 1, 1991)

Denver City Charter, art. IV, § 4.4.4 Suspension or removal of Judges by Mayor.

§ 4.4.4 - Suspension or removal of Judges by Mayor. Whenever a County Judge has been convicted in any court of record of this state or of the United States or of any state of a felony or other offense involving moral turpitude, the Mayor shall enter an order suspending said Judge from office, and the payment of salary of said Judge shall also be suspended from the date of such order. If said conviction becomes final, the Mayor shall enter an order removing said Judge from office and declaring the office vacant with salary of the Judge to cease from the date of the order of suspension. If said conviction is reversed with directions to enter a judgment of acquittal or if reversed for a new trial, which subsequently results in a judgment of dismissal or acquittal, the Mayor shall enter an order terminating the suspension of said Judge and said Judge shall be entitled to full compensation for the period of suspension. A plea of guilty or nolo contendere to such a charge shall be equivalent to a final conviction for the purpose of this section. (Charter 1960, A13.8-8; amended November 3, 1964; Ord. No. 682-02, § 1, 8-26-02, elec. 11-5-02)

Denver City Charter, art. IV, § 4.4.5 Effect of order for removal or retirement.

§ 4.4.5 - Effect of order for removal or retirement. Upon an order for retirement, the Judge shall thereby be retired with the same rights and privileges as if the Judge had retired pursuant to statute, and the Judge's salary shall cease on the date of the order. On the date of entry of an order for retirement or for removal the Office of the Judge shall be deemed vacant. (Charter 1960, A13.8-9; added April 1, 1991)

Source: City and County of Denver, Revised Municipal Code and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/denver/codes/code_of_ordinances?nodeId=TITIHORU_SUBTITLE_BCH_ARTIVCOCO_PT4JUPEDIFetched: 10/27/2026