Colorado Legislative Interim Committee recommends changes to judicial discipline process

On Wednesday, August 17, 2022, The Denver Gazette reported that the Colorado Legislative Interim Committee on Judicial Discipline proposed sweeping changes to the judicial discipline process.

The interim committee was the result of legislation passed earlier this year that created an independent funding source for the discipline commission. The committee works with judges, lawyers, members of the public, and other interested parties, to review and examine Colorado’s system of judicial discipline, evaluate other states’ models, and make recommendations to the general assembly for statutory or constitutional reforms.

According to The Denver Gazette:

“Colorado judges who face formal charges of misconduct would face a public trial rather than a secret one, which has been the norm for decades.

Other changes recommended by the committee of eight legislators include the creation of a three-person panel to oversee that trial – a judge, a lawyer, and a member of the public – and that any level of public or private discipline to a judge must be disclosed to the committees reviewing a judge’s performance for voter retention or considering their nomination to a higher bench.”

Currently, the Supreme Court selects a three-judge panel to hear the allegations brought against a judge, and the commissions on judicial performance review and judicial nomination typically aren’t aware of a judge’s disciplinary record before making recommendations to voters or the governor.

The Denver Gazette stated that:

“Voters would have to approve the majority of the dozen changes offered by the interim committee because it would require changes to the Colorado Constitution. That wouldn’t happen until 2024. Several other recommended changes would be done through statutory changes by the legislature.”

The legislative staff will use the committee recommendations to prepare draft resolutions and measures that will ultimately be voted on by the committee and sent to the General Assembly for approval. On September 30, 2022, the committee will meet to discuss the drafts.

Source: The Denver Gazette