A commission on judicial discipline (commission) is established
in current law pursuant to section 23 (3) of article VI of the state constitution. The bill implements the commission by:
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Specifying the duties of the commission;
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Establishing and specifying the duties of an office of judicial discipline (office) as an independent office within
the judicial department;
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Authorizing the commission to appoint an executive director of the office and specifying the duties of the executive director;
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Authorizing the commission to appoint and determine the duties of special counsel, which may include representing the people in formal proceedings;
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Establishing immunity for commissioners;
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Specifying when information should be shared among offices within the judicial department responsible for reviewing actions of current and potential judges and justices;
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Specifying duties of personnel within the judicial department when they become aware of potential issues of judicial discipline; and
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Establishing a special cash fund and specifying sources of money for the fund and uses of the money in the fund.
For rules, guidelines, and procedures relating to judicial discipline
adopted by the supreme court, the bill requires the supreme court to:
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Provide the commission with notice and an opportunity to object and, if the commission objects, to engage with the commission in good-faith efforts to resolve differences; and
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Post notice of each rule, guideline, or procedure and allow for public comment, including an opportunity for the public to address the supreme court.
The bill creates the legislative interim committee on judicial
discipline to study Colorado's system of judicial discipline and make recommendations for necessary changes to that system.
The bill clarifies that the disclosure of materials and information
to the state auditor pursuant to an investigation based on an allegation of fraud by an employee or contracted individual does not cause the materials and information to lose their status as privileged or confidential based solely upon such disclosure.
