Court Business, 1021 COBJ, Vol. 50, No. 9 Pg. 56
| Position | Vol. 50, 9 [Page 56] |
Colorado Supreme Court Rules Committees
Rule Change 2021(15) Colorado Code of Judicial Conduct
Rules 1.2, 2.3, 2.12, and 2.15
Rule 1.2: Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confidence in the independence,* integrity,* and impartiality* of the judiciary, and shall avoid impropriety and the appearance of impropriety.
COMMENT
[1] Public confidence in the judiciary is eroded by improper conduct and conduct that creates the appearance of impropriety. This principle applies to both the professional and personal conduct of a judge and includes harassment and other inappropriate workplace behavior.
[2]-[6] [NO CHANGE]
Rule 2.3: Bias, Prejudice, and Harassment
(A)-(B) [NO CHANGE]
(C) A judge shall not engage in retaliation for reporting of misconduct under this Code or other legal authority. The duty to refrain from retaliation includes retaliation against current and former Judicial Branch personnel as well as attorneys and other members of the public.
(D) A judge shall require lawyers in proceedings before the court to refrain from manifesting bias or prejudice, or engaging in harassment, based upon attributes including but not limited to race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation, against parties, witnesses, lawyers, or others.
(E) The restrictions of paragraphs (B) and (D) do not preclude judges or lawyers from making legitimate reference to the listed factors, or similar factors, when they are relevant to an issue in a proceeding.
COMMENT
[1]-[2] [NO CHANGE]
[3] Harassment, as referred to in paragraphs
(B) and (D), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeconomic status, or political affiliation.
[4] [NO CHANGE]
Rule 2.12: Supervisory Duties
(A)-(B) [NO CHANGE]
(C) A judge should practice civility by being patient, dignified, respectful, and courteous, in dealings with court personnel, including chambers staff. A judge should not engage in any type of harassment of court personnel. A judge should not engage in retaliation for reporting allegations of such misconduct. A judge should seek to hold court personnel who are subject to the judge's control to similar standards in their own dealings with other court personnel. COMMENT
[1] [NO CHANGE]
[2] A judge does not violate this rule through communication and actions reasonably related to performance management, including, but not limited to instruction, counseling...
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