October 19th 2024.
In recent years, the judicial system in Colorado has faced its fair share of difficulties. The pandemic, limited budgets, and allegations of misconduct have all contributed to a decrease in public trust in one of our most important institutions. The process designed to hold judges and judicial employees accountable has also been called into question.
This upcoming November, the citizens of Colorado have the opportunity to make a significant change and improve our judicial discipline system by voting "yes" on Amendment H. This amendment, which was created through a bipartisan effort by our state legislature, aims to create a new independent board that will oversee disciplinary actions for misconduct within the judicial branch. While this may seem like a small change, Amendment H is a crucial step towards ensuring integrity in our courts.
Currently, the Colorado Commission on Judicial Discipline is responsible for reviewing complaints against judges. They take action on valid allegations of misconduct and dismiss those that lack merit or fall outside of their jurisdiction. If misconduct is found, the commission can impose private discipline, but only the Supreme Court has the authority to publicly discipline its own members and other judges. These proceedings are confidential, and only when public discipline is imposed does the public become aware of it.
Amendment H offers several key improvements to this system. Firstly, it creates an independent board with a diverse composition, consisting of four district court judges, four attorneys, and four citizens. This board will have the final say in disciplinary matters, rather than the Supreme Court. Secondly, the members of this board will be appointed by a combination of the Supreme Court and the governor, with confirmation from the Senate. This ensures a fair and balanced selection process. Additionally, Amendment H aims to increase transparency by making more information about disciplinary proceedings available to the public, while still protecting sensitive information when necessary.
Perhaps the most significant change that Amendment H brings is the authority for the independent board to conduct its own investigations, rather than relying solely on the existing commission. This will lead to a more thorough and impartial examination of alleged misconduct, further strengthening the integrity of the disciplinary process.
Amendment H has received widespread support from civic and legal groups and was referred to the ballot by a nearly unanimous vote of the General Assembly. It strikes the perfect balance between transparency and accountability, without interfering with judicial decision-making. The composition of the independent board ensures that decisions are informed by both legal expertise and public perspective.
It is crucial to remember the importance of this vote on Amendment H. By supporting this amendment, we are reaffirming our commitment to a trustworthy judiciary, which serves as the cornerstone of our democracy. This is not just a minor change; it is a statement of our dedication to justice. On November 5, I urge all Coloradans to vote in favor of Amendment H.
Jeff Rupp, the executive director, and Thor Nelson, the board chair, are both part of The Colorado Judicial Institute. If you want to stay updated on our columns, editorials, and more, sign up for Sound Off, our weekly roundup. And, if you would like to share your thoughts on this article, you can submit a letter to the editor online or follow our guidelines for email or mail submissions.
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