Amendment H amends the Colorado constitution concerning judicial discipline by establishing an independent judicial discipline adjudicative board, setting standards for judicial review of a discipline case, and clarifying when discipline proceedings become public.
IndivisibleNOCO recommends voting YES on this amendment.
The amendment would enhance the transparency, integrity and independence of the judicial discipline process by creating an independent board to conduct judicial misconduct hearings, impose disciplinary actions and allow information to be shared with the public earlier in the process.
Currently, judges accused of official misconduct go before the Colorado Commission on Judicial Discipline, which is composed of four judges who are appointed by the Chief Justice of the Colorado Supreme Court, along with two lawyers and four other citizens appointed by the governor.
If a complaint has merit, the commission can privately admonish the judge, or, in more serious cases, recommend public censure, retirement or removal. The final determination rests with the Colorado Supreme Court. Misconduct cases only become public when the commission files a recommendation for official discipline.
Amendment H would take the power to discipline judges away from the Supreme Court and give it to a new body, the Independent Judicial Adjudication Board, which will consist of four district court judges, four attorneys, and four citizens appointed by the Supreme court and the Governor and confirmed by the State Senate. It would take the recommendations of the Judicial Discipline Commission and decide on punishments. Those decisions then could be appealed to the Supreme Court.
In situations where the complaint involves a supreme court justice, appeals would follow a different route, instead going to an independent tribunal to review. The tribunal would involve seven randomly selected appeals and district court judges. Disciplinary proceedings against a judge would become public when formal charges are filed.