On Friday, February 6, 2026, Colorado Politics reported that the Colorado Supreme Court’s ethics committee advised that a judge participating in a specialty veterans treatment court does not have any ethical concerns if the district attorney’s office has withdrawn from the program.
The advisory opinion was requested by an unidentified judge who sought guidance after his DA’s office announced its withdrawal from the veterans treatment court, effective February 5. The judge was concerned about potentially violating the prohibition on “ex parte” communications by continuing to attend meetings of the specialty court without the DA’s office present. Ex parte communications are those that occur without notice to all interested parties.
The Colorado Judicial Ethics Advisory Board concluded that the judge’s continued participation was permissible because the meetings are not considered ex parte. The board noted that the DA’s office is aware of the meetings and has chosen not to participate. Even if the meetings were considered ex parte, the Code of Judicial Conduct allows a judge to engage in such communications if authorized by law or by consent of the parties. In this case, the Veterans Treatment Court (VTC) was authorized by statute and established with the participation of the District Attorney’s Office.
The withdrawal of the District Attorney’s office was initiated by District Attorney George Brauchler, who represents Douglas, Elbert, and Lincoln counties. Brauchler, a former Army member, expressed his concerns in a January 6 letter that the program’s eligibility standards were too broad. He believed the program encompassed too many individuals by not requiring a sufficient connection between a veteran’s service and their diagnosis, and by including those with dishonorable discharges.
Brauchler clarified that his decision to withdraw should not be seen as a rejection of treatment courts or a departure from supporting veterans. He stated that it merely reflected a disagreement with the current eligibility standards.
The judge who requested the advisory opinion informed the board that a steering committee oversees his jurisdiction’s veterans treatment court. The committee includes representatives from the court, probation officials, the prosecutor’s office, the public defender, and the sheriffs’ offices. The specialty court is designed for criminal defendants who are veterans with behavioral health disorders, aiming to help them achieve sobriety and engage in treatment post-conviction while serving a probationary sentence.
Before the docket is heard in open court, participants meet privately to discuss each veteran’s compliance. These meetings involve discussions on potential probation violations and strategies to assist VTC participants in succeeding and complying with probation terms. Attendance at these closed-door meetings is generally limited to signatories of the memorandum of understanding establishing the program, although non-signatories may attend if they sign a confidentiality agreement. Any motions to terminate a defendant’s probation occur in open court.
The ethics board, consisting of judges, attorneys, and a non-lawyer, determined that the judge’s continued attendance was not problematic. They emphasized that the judge’s role is interactive and designed to support participants in their recovery. The information discussed in the staffing meetings is later presented in open court, allowing the team to collaboratively support participant compliance.
Colorado law allows chief judges of judicial districts to establish programs for the treatment of veterans and members of the military. The probation, district attorney, and public defender offices collaborate to develop the guidelines for these programs.
Source: Colorado Politics
