On Wednesday, November 6, 2024, The Colorado Sun reported that Colorado voters approved a significant constitutional amendment aimed at reforming the state’s judicial discipline process. Known as Amendment H, the measure establishes an independent board tasked with investigating complaints and enforcing the state’s judicial ethics code, effectively transferring much of this authority from the state Supreme Court.
The passage of Amendment H marks a substantial shift in how judicial misconduct is handled in Colorado. Previously, the Supreme Court served as the main authority in determining whether judges faced sanctions for alleged misconduct, a system criticized for allowing judges to self-regulate, contributing to a culture with minimal accountability. The amendment was passed with overwhelming support, receiving 73% of the votes, surpassing the 55% threshold required for approval.
The drive for this amendment came in response to a legislative interim committee’s findings, which were spurred by revelations of judicial misconduct, including allegations of sexism and harassment. The Denver Post first reported these issues, leading to increased scrutiny of the existing processes. The committee’s report, released in 2022, highlighted significant fears among Judicial Department employees regarding potential retaliation for reporting misconduct, along with a pervasive lack of trust in the disciplinary process.
Under the new framework established by Amendment H, a newly formed entity called the Independent Judicial Discipline Adjudicative Board will oversee disciplinary hearings and impose sanctions if necessary. Members of this board will be appointed by the Colorado Supreme Court and the governor, with confirmations required from the state Senate. This change aims to enhance the transparency and accountability of judicial proceedings.
The amendment stipulates that disciplinary proceedings will be made public once formal charges are filed against a judge, a departure from the previous practice where such hearings remained confidential unless the state commission recommended sanctions. The reform is intended to ensure greater visibility into the disciplinary process and promote public trust.
The procedure outlined in Amendment H will commence on April 1, 2025. Initially, the existing Commission on Judicial Discipline will screen incoming complaints to determine if they warrant further investigation. If a complaint is deemed valid, the commission will conduct an investigation and has the authority to either dismiss the complaint or impose informal sanctions. Should the commission decide to advance the matter, the independent board will then preside over the formal hearing.
While supporters of Amendment H herald it as a crucial step toward bolstering judicial accountability, some opponents argue that the reform does not go far enough. Critics point out that the amendment still allows the Commission on Judicial Discipline to vet complaints, with a considerable number of cases dismissed prior to reaching a hearing.
The measure was referred to the ballot by the Colorado state legislature with broad bipartisan support, passing with an overwhelming vote of 97 to 1 in favor of House Concurrent Resolution 1001. This legislative backing reflects a collective recognition of the need for reform in how judicial misconduct is addressed.
As the state prepares to implement these changes, the focus will be on how effectively the new board can handle complaints and enforce ethical standards among judges. The establishment of this independent board represents a pivotal moment in Colorado’s judicial system, aiming to foster a more accountable and transparent environment for both judicial officials and the public they serve.
Source: The Colorado Sun
