Colorado Commission on Judicial Discipline: 1989 Annual Report
| Publication year | 1990 |
| Pages | 1039 |
| Citation | Vol. 19 No. 6 Pg. 1039 |
1990, June, Pg. 1039. Colorado Commission on Judicial Discipline: 1989 Annual Report
Colorado's first disciplinary commission for judges was created in 1966, when Colorado voters approved an amendment to the state constitution that replaced the political process of electing judges with a system based on merit selection, appointment and retention. At the time it was created, only five other states had disciplinary commissions to supplement impeachment as the traditional method of removing judges. Today, all fifty states and the District of Columbia have such commissions.
The voters of Colorado amended the constitution again in 1982, and made substantial changes in the Commission's procedures and membership. The most visible changes involved the Commission's name and membership composition. The name was changed from the Commission on Judicial Qualifications to the Commission on Judicial Discipline. The Commission membership was expanded to include more citizen members.
Today, the Commission consists of ten members: four citizen members, who cannot be judges or attorneys, appointed by the Governor; two lawyers, each having practiced for at least ten years in Colorado, appointed by the Governor; and two district court judges and two county court judges appointed by the Supreme Court. All appointments made by the Governor must be approved by the Colorado State Senate.
Commission members are appointed to four-year terms. They serve without salary, but receive reimbursement for actual and necessary expenses. During 1989, the Commission membership included:
The Commission's staff consists of a part-time executive director and general counsel and a full-time administrative secretary. While the Commission operates independently, it is housed within the judicial branch of government. Its procedural rules are approved by the Supreme Court, and its operating budget is approved by the Colorado General Assembly.
The Commission has constitutional jurisdiction to investigate and act on allegations of a judge's:
Willful misconduct in office, including misconduct which, although not related to judicial duties, brings the judicial office into disrepute or is prejudicial to the administration of justice;
Willful or persistent failure to perform judicial duties, including incompetent performance of judicial duties;
Intemperance, including extreme or immoderate personal conduct, recurring loss of temper or control, abuse of alcohol, or the use of illegal narcotics or dangerous drugs;
Any conduct that constitutes a violation of the Colorado Code of Judicial Conduct; or
Disability interfering with the performance of judicial duties, which is, or is likely to become, of a permanent character.
Misconduct involving a violation of criminal laws may fall within the commission's jurisdiction, although the Supreme Court can take action directly to suspend or remove a state judge convicted of a felony or offense involving moral turpitude.
The Commission has jurisdiction over the conduct of the 271 justices, judges and senior judges who serve the state court system. It does not have jurisdiction over referees, the seventeen county court judges in Denver, nor the more than 300 full- and part-time municipal judges located in cities and towns throughout the state.
Local municipalities approach judicial discipline in different ways. While complaints against judges in most cities must go to the city council or mayor, the City and County of Denver has a separate Commission on Judicial Qualifications
Any person may request an investigation of a judge by filing a complaint with the Commission on forms available from the Commission or by writing a letter addressed to the Commission. The Commission may also commence investigations on its own motion without a written complaint.
Complaints are reviewed during the Commission's regular bimonthly meetings. The Commission may also hold special meetings, hearings and telephone conferences as needed throughout the year. Some complaints are dismissed following initial discussion and evaluation by the Commission because the complaints do not fall within the responsibilities and powers granted to the Commission under the Colorado Constitution. For example, the Commission dismisses any complaint which involves legal issues that can be reviewed only by an appellate court.
If a complaint is dismissed following the initial...
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