§ 13-5.3-102 — Commission on judicial discipline - powers and duties

Colorado § 13-5.3-102

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Commission on Judicial Discipline

Text

(1)
Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado
commission on judicial discipline is established as an independent commission
housed within the department.

(2) (a) Members of the commission are appointed and serve pursuant to
section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.

(b) (I) The supreme court shall select the members of the commission who
are judges of the district courts and judges of county courts from among the
nominee pools created by the state court administrator pursuant to subsection
(2)(b)(II) of this section; except that when making its selections, the supreme court
shall ensure that the commission does not include more than one district judge
from any one judicial district and not more than one county judge from any one
county.

(II) (A) Upon a vacancy of a district judge member of the commission, the
state court administrator shall create a district judge nominee pool that consists of
ten district judges randomly selected by the state court administrator, or the
administrator's designee, from among all district judges of the state not currently a
member of the commission.

(B) Upon a vacancy of a county judge member of the commission, the state
court administrator shall create a county judge nominee pool that consists of ten
county judges randomly selected by the state court administrator, or the
administrator's designee, from among all county judges of the state not currently a
member of the commission.

(C) When creating the nominee pool, the state court administrator or the
administrator's designee shall only include judges who do not have a current
disciplinary investigation or proceeding pending before the commission or judicial
discipline adjudicative board; have not received a disciplinary sanction from the
commission, judicial discipline adjudicative board, or supreme court; and are not
otherwise required by law, court rule, or judicial canon to recuse themselves from
the commission. The random selection of judges to a nominee pool is a purely
administrative function.

(3) The commission shall:

(a) Investigate and resolve requests for evaluation of potential judicial
misconduct in accordance with the Colorado constitution, the rules, and this article
5.3;

(b) Appoint an executive director of the office of judicial discipline;

(c) Establish positions, roles, and minimum starting salaries for employees of
the office;

(d) Hire employees of the office who serve at the pleasure of the
commission. Employees of the office may include clerical assistants; attorneys who
serve as special counsel; and investigators.

(e) Employ attorneys or appoint outside special counsel pursuant to sections
24-31-101 (1)(g) and 24-31-111 who serve at the pleasure of the commission; assign
duties to special counsel at the discretion of the commission, which may include
serving as representatives of the people of the state of Colorado in formal
proceedings; and determine the compensation of special counsel; and

(f) Approve a budget for the commission and the office and assist the
executive director in managing the office and providing fiscal oversight of the
office's operating budget.

(4) Commissioners are immune from suit in any action, civil or criminal, based
upon official acts performed in good faith as commissioners consistent with the
Colorado Governmental Immunity Act, article 10 of title 24.

Legislative History

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, � 2, effective May 20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, � 2, effective December 17, 2024 (see editor's note).