Colorado Commission on Judicial Discipline: 1999 Annual Report

• Publication year: 2000
• Pages: 21
• Citation: Vol. 29 No. 6 Pg. 21

29 Colo.Law. 21 Colorado Lawyer 2000.

2000, June, Pg. 21. Colorado Commission on Judicial Discipline: 1999 Annual Report

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21

Vol. 29, No. 6, Pg. 21

The Colorado Lawyer
June 2000
Vol. 29, No. 6 [Page 21]

Features

Colorado Commission on Judicial Discipline: 1999 Annual Report

Introduction and Overview

The following report details the Colorado Commission on Judicial Discipline's ("Commission") background and report of activities for calendar year 1999

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 Colorado's Commission was created, only five other states had disciplinary commissions to supplement impeachment as the traditional method for disciplining or removing judges Today, all 50 states and the District of Columbia have these types of judicial disciplinary bodies.

Colorado's voters amended the constitutional provisions affecting the Commission in 1982, making changes to the Commission's procedures and membership. The Commission's name was changed from the "Colorado Commission on Judicial Qualifications" to the "Colorado Commission on Judicial Discipline." The Commission's membership also was expanded to include more citizen members.

Today, the Commission consists of ten members. These members include four citizen members, who cannot be judges or attorneys, appointed by the Governor; two lawyers, each having practiced law for at least ten years in Colorado, appointed by the Governor; and two district court judges and two county court judges appointed by the Colorado Supreme Court. Appointments made by the Governor require confirmation by the Colorado State Senate. While Commission members serve four-year terms without salary, they do receive reimbursement for actual and necessary expenses.

At the close of 1999, the Commission membership included:

Member Home Town Category

Barbara L. Crowfoot Fort Collins Citizen

Phillip S. Figa Englewood Attorney

Benjamin C. Glidden Black Forest Citizen

John M. Holcomb Denver Citizen

Eric C. Jorgenson Fort Morgan Attorney

M. Jon Kolomitz La Junta District Judge

Roy G. Olson, Jr. Evergreen County Judge

Ruth A. Steel Englewood Citizen

Paul D. Tallman Cheyenne Wells County Judge

William L. West Greeley District Judge

While the Commission operates independently, it is housed within the judicial branch of government. Its procedural rules are approved by the Colorado Supreme Court and its operating budget is approved and provided by the Colorado State Legislature.

Commission Responsibilities and Powers

The Commission has constitutional jurisdiction to investigate and act upon 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 also may fall within the Commission's jurisdiction, although the Colorado Supreme Court can take action directly to suspend or remove a state judge charged or convicted of a misdemeanor, felony, or offense involving moral turpitude.

The Commission has jurisdiction over the conduct of the 284 justices, judges, and senior judges who serve the Colorado state court system. It does not have jurisdiction over magistrates, the 17 county court judges in Denver, or the more than 300 full-time and part-time municipal court judges serving on the bench in cities and towns throughout the state of Colorado.

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 Denver County Court Judicial Performance Commission to handle complaints against its county court judges and magistrates. The City of Lakewood has a Judicial Review Commission that considers grievances against its municipal court judges.

Commission Process and Procedures

Any person may file a complaint against a judge by completing forms provided by the Commission or by writing a letter addressed to the Commission. It is the policy of the Commission to accept and review all complaints filed, even if such complaints relate solely to a complainant's disagreement with a decision or order a judge may have entered in a court case. The Commission also may commence investigations on its own motion without a written complaint.

Complaints are reviewed during the Commission's regularly scheduled meetings. The Commission also holds special meetings, hearings, and telephone conferences as needed throughout the year.

Some complaints are dismissed following initial discussion and evaluation by the Commission or its staff because the complaints do not fall within the responsibilities and powers granted to the Commission under the Colorado Constitution. As previously stated, for example, because the Commission is not a court it must dismiss any complaints involving factual or legal issues that can be reviewed only by an appellate court.

If a complaint is dismissed following this initial review the judge is not notified of the...