| Summary |
Legislative Interim Committee on Judicial Discipline. The
concurrent resolution amends section 23 of article VI of the Colorado
constitution as it relates to judicial discipline. Under existing law, the
commission on judicial discipline (commission) investigates complaints
of judicial misconduct; conducts formal judicial disciplinary proceedings;
and may dismiss complaints, impose informal sanctions, or recommend
that the Colorado supreme court impose formal sanctions. The
commission may also request that the supreme court appoint special
masters to hear and take evidence on a matter and report to the
commission.
The resolution clarifies the commission's authority to dismiss
complaints. The resolution repeals the authority of the commission to
conduct formal judicial disciplinary proceedings and request appointment
of special masters, and creates an independent adjudicative board (board)
to conduct formal proceedings and hear appeals of the commission's
orders imposing informal sanctions. The board is comprised of 4 district
court judges, 4 attorneys, and 4 citizens. The resolution prohibits a
member of the commission from being appointed to the board and
prohibits a member of the board from being appointed to the commission.
A randomly selected panel of the board, comprised of one judge, one
attorney, and one citizen, conducts formal proceedings in a case. The
resolution permits the panel to dismiss a complaint, impose informal
sanctions, or impose formal sanctions.
The resolution sets the standards of review to be used by the
supreme court when it reviews a panel's decision. The resolution requires
a tribunal of 7 randomly selected court of appeals judges to review the
panel's decision in the same manner and using the same standards of
review when: The proceedings involve a complaint against a Colorado
supreme court justice; a Colorado supreme court justice, a staff member
to a justice, or a family member of a justice is a complainant or a material
witness in the proceeding; or more than 2 justices have recused
themselves from the proceeding. The tribunal reviews the panel's decision
in the same manner and using the same standards of review as the
supreme court does when it reviews panel decisions.
Under existing law, commission proceedings are confidential until
the commission files recommendations with the supreme court. The
resolution makes proceedings public at the commencement of formal
proceedings and clarifies that appeals to the board of informal remedial
sanctions are confidential. The resolution clarifies that a person is
absolutely immune from any action for defamation based on papers filed
with or testimony before the commission, adjudicative board, supreme
court, or tribunal. The resolution clarifies the circumstances in which the
commission may release otherwise confidential information.
HCR23-1001
The resolution creates a rule-making committee to propose rules
for the commission. The supreme court approves or rejects each rule
proposed by the rule-making committee. The Colorado rules of evidence
and Colorado rules of civil procedure, as amended, apply to proceedings
before a panel of the adjudicative board until and unless the supreme
court promulgates rules specifically governing panel proceedings.
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