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I_JudicialDiscipline_2022A 09/30/2022 09:38:21 AM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
INTERIM COMMITTEE  LEGISLATIVE INTERIM COMMITTEE ON JUDICIAL DISCIPLINE
Date 09/30/2022
Attendance
Bacon X
Gardner X
Gonzales X
Lynch X
Moreno X
Van Winkle X
Carver X
Weissman X
Time 09:38:21 AM to 11:31:38 AM
Place SCR 357
This Meeting was called to order by Weissman
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
Opening Remarks Committee Discussion Only
Consideration of and Final Action on Draft Committee Legislation and Associated Amendments Committee Discussion Only
Other Business Committee Discussion Only

Opening Remarks - Committee Discussion Only


09:38:47 AM  

Representative Weissman, Chair, made opening remarks about the bill draft request process and Legislative Council meeting in October.  Representative Carver, Vice Chair, also made opening remarks. 

 



Consideration of and Final Action on Draft Committee Legislation and Associated Amendments - Committee Discussion Only


09:40:03 AM  

Representative Weissman recapped Bill Draft Request 1 (https://leg.colorado.gov/sites/default/files/images/bill_1_r23-0150.pdf).  He distributed and discussed Amendment 2 (Attachment A).

The committee further discussed the amendment and asked questions about absolute immunity, confidentiality,  formal and informal proceedings, appeals, and the new adjudicative boards as outlined in the bill. 

 

10:01:48 AM  

Further discussion ensued about the newly created adjudicative boards to hear formal proceedings and certain appeals.  Questions were also raised about confidentiality and when proceedings become public. 

 



10:04:27 AM
Motion Approve Amendment 2 to Bill Draft Request 1
Moved Weissman
Seconded Carver
Bacon
Gardner
Gonzales
Lynch
Moreno
Van Winkle
Carver
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


10:05:22 AM
Motion Approve Bill 1 as amended for consideration by Legislative Council
Moved Weissman
Seconded Carver
Bacon Yes
Gardner Yes
Gonzales Yes
Lynch Yes
Moreno Yes
Van Winkle Yes
Carver Yes
Weissman Yes
YES: 8   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
10:05:24 AM  

Representatives Weissman and Lynch agreed to be co-prime sponsors in the House, and Senators Gardner and Gonzales in the Senate.  Other non-prime sponsors include Senators Van Winkle and Moreno and Representative Bacon. 

 

10:07:03 AM  

The committee proceeded to discuss Bill Draft Request 2 (https://leg.colorado.gov/sites/default/files/images/bill_2_23-0151.pdf).  Vice Chair Carver distributed and explained Amendment 1 (Attachment B).  She discussed the amendment and explained that it removed provisions regarding subpoenas and criminal penalties for breach of confidentiality.  She remarked that both provisions needed additional work.   She further noted for the record that legislators will continue to work toward consensus on these issues through the interim and into the 2023 legislative session.  



10:24:10 AM
Motion Approve Amendment 1 to Bill Draft Request 2
Moved Weissman
Seconded Carver
Bacon
Gardner
Gonzales
Lynch
Moreno
Van Winkle
Carver
Weissman
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection


10:24:50 AM
Motion Approve Bill 2 as amended for consideration by Legislative Council
Moved Weissman
Seconded Carver
Bacon Yes
Gardner Yes
Gonzales Yes
Lynch Yes
Moreno Yes
Van Winkle Yes
Carver Yes
Weissman Yes
YES: 8   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
10:24:53 AM  

Representatives Lynch and Weissman signed up as prime sponsors on Bill Draft Request 2, and Senators Gardner and Gonzales in the Senate. Other co-sponsors include Senators Van Winkle and Moreno and Reprsentative Bacon. 

Representative Bacon withdrew Bill Draft Request 3 regarding an ombudsperson for judicial discipline  She expressed her commitment to working on the issue through the remainder of the interim and into the 2023 legislative session.  Other committee members also committed to working on the details of an ombudsperson position.  



Other Business - Committee Discussion Only


10:24:54 AM  

Committee members made closing remarks and thanked staff and stakeholders for their work on judicial discipline. 


11:31:38 AM   The committee adjourned.






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