On Saturday, October 26, 2024, The Denver Gazette reported that a new insider complaint had surfaced, alleging extensive cover-ups within the Colorado Judicial Department. The complaint, which spans over 330 pages and includes more than 3,100 pages of additional exhibits, has been filed with multiple state commissions and the FBI. It claims a long-standing conspiracy aimed at concealing misconduct, retaliation, and misuse of public funds, originating from a scandal linked to a contract-for-silence that began in 2019.

The anonymous complaint outlines accusations against high-ranking officials, including justices from the Colorado Supreme Court and members of the Attorney General’s Office. It alleges these officials have misled investigations into the scandal while obstructing inquiries into other related issues. The complaint states that the justices, including Brian Boatright and Chief Justice Monica Márquez, who are facing retention votes in November, are implicated in a systematic effort to misuse public resources and conceal evidence of misconduct by judges and public officials.

According to the complaint, over $4 million has been misappropriated since 2019 to negotiate non-disclosure agreements aimed at silencing victims and whistleblowers. It was filed with several oversight bodies, including the Colorado Commission on Judicial Discipline and the U.S. Department of Justice. However, none of these agencies have publicly indicated whether they will take action regarding the allegations.

The complaint seeks various remedies, including the suspension or impeachment of the justices and the establishment of a conflict-free judicial discipline system. It calls for independent investigations into the allegations and highlights the need for a new commission on judicial discipline, citing existing conflicts of interest that could impede accountability.

The Denver Gazette received copies of the complaint, which is unsigned, and attempts to confirm the author’s identity were unsuccessful. Sources indicate that the author may be a former high-ranking official within the Judicial Department. Judicial Department spokeswoman Suzanne Karrer stated that the Supreme Court is not aware of the complaint, emphasizing that the court has not received notification from any agency regarding complaints filed with the Judicial Performance Commission or the Colorado Commission on Judicial Discipline.

The complaint’s allegations describe a judicial system where justices allegedly have significant control over investigations, prosecutors, and adjudicators, undermining judicial independence. The document claims that the alleged misconduct has adversely affected numerous individuals, resulting in forced resignations and damage to reputations and careers.

The controversy stems from a previous incident involving a former Judicial Department official who was reportedly given a multimillion-dollar contract to suppress threats of a sex discrimination lawsuit, which was expected to reveal extensive judicial misconduct. The complaint asserts that a two-page memo detailing this misconduct was withheld from state auditors, despite their investigation of the contract.

The complaint also alleges that the scope of the cover-up extends to public comments made by the Supreme Court regarding the contract, which may violate the Code of Judicial Conduct. It highlights the misuse of taxpayer funds, including payments made under nondisclosure agreements and contracts for investigations that were allegedly overseen by officials implicated in the scandal.

So far, only former Chief Justice Nathan “Ben” Coats has faced public sanctions for his role, receiving an admonishment well after his retirement in December 2020. Investigations into the contract have reportedly concluded without recognizing any wrongdoing, despite the documented threats of legal action.

Key figures involved in the scandal, such as former Human Resources Director Eric Brown, have remained silent, and no subpoenas have been issued for their testimony. A previous complaint filed against the justices for ethical violations related to public discussions of the scandal was dismissed with minimal explanation earlier this year.

 

 

Source: The Denver Gazette