Colorado Supreme Court Rules Committee, 0617 COBJ, Vol. 46 No. 6 Pg. 83
Court Business
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Colorado Supreme Court Rules Committee
Rule Change 2017(03) Colorado Rules of Judicial Discipline
PART A. GENERAL PROVISIONS
Rule 1. [NO CHANGE]
Rule 2. Definitions
In these Rules, unless the context or subject matter otherwise requires: (a)–(e) [NO CHANGE]
(f) “Complaint” means allegations that provide grounds for the Commission to conduct disability or disciplinary proceedings.
(g) “Complainant” means a person who initiates a complaint by requesting an evaluation of judicial conduct.
(h) “C.R.C.P.” means the Colorado Rules of Civil Procedure.
(i) “Disability” means a Judge’s physical or mental condition that adversely affects the Judge’s ability to serve as a judicial officer or to assist with his or her defense in disciplinary proceedings.
(j) “Executive director” means the person appointed by the Commission whose duties and responsibilities are described in Rule 3(d).
(k) “Formal proceedings” means disciplinary proceedings that could result in a recommendation for a public sanction.
(l) “Grounds” means the basis for disciplinary proceedings in Rule 5 or for disability proceedings in Rule 33.5.
(m) “Hearing” means a meeting of the Commission or special masters convened for the purpose of taking evidence or considering legal arguments.
(n) “Informal proceedings” means proceedings that could result in informal remedial action or the appointment of special counsel to advise the Commission regarding other options, including advice on whether there is probable cause to commence formal proceedings.
(o) “Mail” or “mailed” means first-class mail, personal delivery, or delivery by commercial mail service.
(p) “Meeting” means an assembly of the Commission or special masters in person or by conference call or any combination thereof.
(q) “Member” means a member or special member of the Commission.
(r) “Misconduct” means conduct by a Judge that does not comply with the Code or Colo. RJD.
(s) “Notice” means a letter or other writing sent by mail, unless otherwise specified in the Rules, to a Judge at the Judge’s chambers or last known residence, to an address designated by the Judge, or to the Judge’s counsel of record.
(t) “Participant” means a member, special member, the executive director, Commission staff, complainant, Judge, the Judge’s counsel, special counsel, special master, witness, investigator, or any other person who obtains knowledge of a proceeding in the course of an investigation or prosecution by the Commission.
(u) “Party” means the Commission, special counsel, the Judge, or the Judge’s counsel.
(v) “Presenter” means one or more members who are designated by the Commission or by the executive director to evaluate and report on a complaint to the Commission.
(w) “Proceedings” means informal or formal proceedings, including, but not limited to, consideration of a request for evaluation of judicial conduct; the investigation of a complaint; a meeting or hearing of or with the Commission, its staff, special counsel, or special masters; a disciplinary disposition; a disciplinary sanction; a disability disposition; or a communication with respect thereto.
(x) “SCAO” means the Office of the State Court Administrator.
(y) “Request for evaluation of judicial conduct” or “request” means a request by a complainant for the Commission to consider whether there is a reasonable basis for the commencement of disciplinary or disability proceedings.
(z) “Rules” as cited herein means Colo. RJD.
(aa) “Special counsel” means an attorney or attorneys appointed by the Commission to serve as counsel to the Commission on such matters as the Commission may request including, but not limited to, the investigation or disposition of a complaint, a motion for temporary suspension of a Judge under Rule 34, and the prosecution of a complaint in formal proceedings.
(bb) “Special master” means a person appointed by the Supreme Court to preside over hearings. (cc) “Special members” are persons appointed by the Commission to serve as alternates to members. (dd) “Supreme Court” or “Court” means the Colorado Supreme Court.
Rule 3. Organization and Administration
(a)–(c) [NO CHANGE]
(d) Executive director. The Commission shall appoint an executive director whose duties and responsibilities, subject to general oversight by the Commission, shall be to:
(1)[NO CHANGE]
(2) Respond to inquiries about the Commission or the Canons;
(3) Process requests for evaluation of judicial conduct; (4)–(12) [NO CHANGE]
(e)–(f) [NO CHANGE]
Rule 4. Jurisdiction and Powers
(a) Jurisdiction.
(1) Filing Date. The Commission has jurisdiction over a Judge regarding allegations of misconduct or a disability and the application of dispositions and sanctions thereto, based on events that occurred while the Judge was an active or senior judge, if a request for evaluation of judicial conduct is received by the Commission (or a complaint is commenced on the Commission’s motion) (A) during the Judge’s term of office or within one year following the end of the judge’s term of office or the effective date of the Judge’s retirement or resignation, with respect to alleged misconduct or disability occurring during the Judge’s term of office; or (B) during the Judge’s service in the senior judge program or within one year following the end of the Judge’s service in the senior judge program, with respect to alleged misconduct or disability occurring during the Judge’s service in the senior judge program.
(2) [NO CHANGE]
(b)–(d) [NO CHANGE]
(e) Contempt Powers. A Judge’s refusal to comply with a disposition ordered under Colo. RJD 35 or the willful misconduct of a Judge or any other person during any stage of the Commission’s investigation or consideration of a complaint in informal, formal, or disability proceedings, including, but not limited to, misrepresentation of a material fact, resistance to or obstruction of any lawful process, disruptive behavior, breach of confidentiality, or failure to comply with any of these Rules, may be grounds for direct or indirect contempt, as provided in C.R.C.P. 107. In formal proceedings or disability proceedings, direct contempt may be addressed summarily by the special masters. To address allegations of indirect contempt, the Commission shall request the Supreme Court to appoint a special master. The Commission shall be represented in contempt proceedings by special counsel who s hall file a motion with the special master, verified by the executive director or a member of the Commission, alleging the grounds for contempt. The special master may ex parte order a citation to issue to the person charged to appear and show cause at a designated date, time, and place why the person should not be held in contempt. The motion and citation shall be served on the person charged at...
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