On Monday, July 7, 2025, Colorado Politics reported that the Colorado Supreme Court’s Judicial Ethics Advisory Board issued guidance approving the hiring of a state prosecutor as a part-time municipal judge within the same judicial district. The advisory board, composed of judges, lawyers, and a non-attorney, concluded that such an arrangement does not violate judicial ethics rules.
The decision addressed a query from an unnamed presiding municipal court judge, who sought clarification on whether hiring a state prosecutor for a part-time judicial role was permissible. The board evaluated the situation under the Colorado Code of Judicial Conduct, which prohibits part-time judges from practicing law in the court where they serve, in courts of the same district where they are a justice, or in any court that handles appeals from their court.
The advisory board determined that a municipal court, as part of a city’s government, operates at a distinct level from state district or county courts, which are components of the state’s government. This distinction ensures no conflict of interest arises when a prosecutor serves as a part-time municipal judge. The board further noted that municipal courts do not hear appeals from state court cases handled by the prosecutor, eliminating the risk of overlapping judicial and prosecutorial duties.
Additionally, the board found that the prosecutor’s role as a part-time judge would not result in preferential treatment in district or county courts, as these courts are not comparable in authority or function to municipal courts. The advisory opinion clarified that the Code of Judicial Conduct permits a part-time municipal judge to practice law in a different level of court within the same judicial district.
The ruling provides clear guidance for municipal courts considering similar hires, ensuring compliance with ethical standards while allowing flexibility in judicial appointments.
Source: Colorado Politics
