On Thursday, October 10, 2024, The Colorado Sun reported that Colorado voters will soon decide on Amendment H, a proposed constitutional amendment aimed at establishing a new board to investigate and discipline state judges. This amendment would shift significant authority over judicial discipline from the state Supreme Court to an independent body, addressing concerns about transparency and accountability within the current system.
If approved, Amendment H would create the Independent Judicial Discipline Adjudicative Board, tasked with overseeing ethics complaints against judges. Currently, these complaints are processed by the 10-member Commission on Judicial Discipline, which includes judges, attorneys, and appointed citizens. The commission’s role involves screening complaints for potential misconduct and conducting investigations, but the process has been criticized for its secrecy, as disciplinary hearings are often held behind closed doors.
Under the current system, formal charges against judges are only made public if the commission recommends sanctions, which has raised concerns about victims’ inability to track their complaints and a culture of fear among Judicial Department employees. The proposed amendment aims to make disciplinary proceedings public from the outset once formal charges are filed, thus increasing transparency.
Amendment H was referred to the ballot by the Colorado legislature in 2023, following recommendations from a special committee that studied the state’s judicial disciplinary process. This committee’s findings were partly spurred by a reported scandal involving allegations of misconduct, including blackmail and harassment, within the judiciary. The committee concluded that the existing system was inadequate and called for reforms to enhance accountability.
To pass, Amendment H requires 55% approval from voters, as it seeks to amend the state constitution. The new board would be composed of members appointed by the Colorado Supreme Court and the governor, with confirmation by the state Senate. The director of the existing Commission on Judicial Discipline would initially screen complaints to determine their validity, and the commission would still have the option to dismiss complaints or issue informal punishments.
Should a formal hearing be necessary, the independent board would take over, ensuring that the charges and related records are made public at the start of the proceedings. Decisions made by the board could be appealed to the Supreme Court but would only be overturned if there is evidence of a legal or factual error in the decision.
The motivation for this amendment stems from ongoing criticisms of the current disciplinary process, which some argue still allows for judicial influence over the independent board. In 2023, only three judges were publicly disciplined, raising concerns about the effectiveness of the existing system. Critics have pointed out that, despite an increase in complaints—344 filed last year—most were dismissed without thorough investigation.
As of the latest filing deadline at the end of September, no campaign committees had been established to support or oppose Amendment H, although it has garnered significant bipartisan backing from the state legislature, which passed the measure with a vote of 97 to 1. However, the Judicial Integrity Project, a watchdog group, has voiced opposition, suggesting that the proposed changes may not sufficiently improve transparency or accountability in the judicial discipline process.
Voters will have the opportunity to weigh in on Amendment H during the upcoming election on November 5, 2024. The outcome of this measure could significantly reshape how judicial misconduct is addressed in Colorado, potentially making the process more open and accountable to the public.
Source: The Colorado Sun
