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HomeAmendment H: Stance
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BALLOT MEASURE SUMMARY


House Concurrent Resolution HCR23-1001 asks voters to amend the constitution to change how disciplinary hearings for judges are handled.  If passed, this measure would create the Independent Judicial Discipline Adjudicative Board to conduct disciplinary hearings and to hear appeals of informal remedial action orders from the Commission on Judicial Discipline. 




BACKGROUND

This referred measure is the result of recommendations by the Interim Committee on Judicial Discipline. The interim committee was formed as a result of allegations that surfaced in 2021 about judicial misconduct that was handled leniently or went unpunished.


In the current system, the Supreme Court acts as the discipline adjudicator, is not bound to any transparency rules, and can keep proceedings from the public. Legislators chose to split the Colorado Commission on Judicial Discipline from the Colorado Supreme Court into an independent neutral body. Additional changes are necessary to comply with how the

Colorado Constitution already established the judicial discipline process, including a voter referendum to change it.


The biggest change is removing the state Supreme Court from the discipline decision-making process. The new system will have a 12-member adjudicative body made up of 4 citizens, 4 district court judges, and 4 attorneys. One from each category is randomly selected to sit as the three-person committee to hear discipline cases and make a decision on any potential punishment, or to dismiss a case outright.


Under the proposal, the Supreme Court acts only as an appellate body, deciding only issues brought up on appeal. It will not be able to dismiss a case or hide any decision from public view, as it can now. The resolution also sets up rules for Supreme Court recusal, so the justices cannot participate in any proceedings that involve a current or retired justice, an employee, or family member.


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LINK TO FISCAL NOTE

CLICK HERE

If approved by voters, the measure will increase the state General Fund expenditures in the newly created Commission on Judicial Discipline by $55,754 in FY 2024-25 and $41,507 per year thereafter. The bill also increases workload in the Judicial Department.



LEAGUE POSITION


In our LWVCO 2023-2024 Positions for Action, pg. 9, it states that “The League of Women Voters of the United States believes that democratic government depends upon informed and active participation at all levels of government. The League further believes that governmental bodies must protect the citizen’s right to know by giving adequate notice of proposed actions, holding open meetings, and making public records accessible.”


In the LWVUS Impact on Issues 2022-2024, pg. 52, it states that, “Transparency is a key tenet of the League and is often a way that LWV can weigh in on an issue, no matter how big or small.”



RATIONALE FOR STANCE

Judicial discipline is set forth in our state Constitution. All constitutional amendments need to be voted on by Colorado voters. This proposed amendment would address the lack of transparency and the subjective nature of our current judicial disciplinary process.

Because the League strongly supports transparency in government and believes objective disciplinary procedures build trust in our courts, we strongly support this amendment.




Have you ever wondered...
HOW DOES THE LEAGUE TAKE A STANCE?

These two publications are designed to help League members use LWVUS and LWVCO public policy positions effectively at the state and local levels.

NOTE: For information on how to take action that the League supports or opposes, please visit our Take Action page.

LWVCO 2024 Positions for Action

LWVUS 2022-2024 Impact on Issues


QUICK REERENCE GUIDE

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