I_JudicialDiscipline_2022A 06/14/2022 10:09:41 AM Committee Summary

Senator Lee, committee chair, welcomed and introduced the Judicial Discipline committee. Senator Lee gave remarks on the current state of investigations on judicial misconduct as well as the passage of Senate Bill 22-201, which created the interim committee. He also went over the mandate of the commission.

Representative Carver, vice chair, gave introductory remarks. She went over the mandate of the committee and the goals of the interim committee.

Committee members made opening remarks.

Juliann Jenson, Legislative Staff Council, and Conrad Imel, Office of Legislative Legal Services, presented an overview of the interim committee and judicial discipline generally. The committee members asked questions during the presentation.

The presentation can be found here:  https://leg.colorado.gov/sites/default/files/images/lcs/juliann_presentation.pdf

Ms. Jenson discussed judicial discipline commission in other states, including their scope, charge, and composition.  She next discussed when confidentiality ceases in judicial discipline proceedings and distributed a document from the National Center for State Courts here:  https://www.ncsc.org/__data/assets/pdf_file/0022/37633/Confidentiality_table.pdf.

Ms. Jenson continued to discuss complaints, investigations, and public and private disciplinary proceedings. 

Mr. Imel explained Senate Bill 22-201 regarding judicial discipline and discussed changes made in the bill, including funding, information sharing, and reporting requirements.   He answered questions from the committee about the bill's application. 

The bill can be read in its entirety here:  https://leg.colorado.gov/bills/sb22-201

Judge Ted Tow, Colorado Court of Appeals, and Steven Vasconcellos, State Court Administrator, Office of the State Court Administrator in the Judicial Department, presented information about judicial discipline. 

Judge Tow discussed the merit-based system of selecting judges, and the composition of the Commission of Judicial Discipline.  He further explained the composition of the Commission of Judicial Discipline, the role of the Supreme Court, and recusals.  He referenced hte annual reports and transparency.  Administrative function by the supreme court and chief justice were also discussed.

The committee asked questions to the panel.

Mr. Vasconcellos discussed the Judicial Departments about the leadership contract and the other involves workplace culture.  He distributed a document  about the investigation background and timeline, found here:  https://leg.colorado.gov/sites/default/files/images/lcs/independent_investigation_background_june2022.pdf.

Mr. Vasconcellos also referenced an audit conducted by the Colorado Office of the State Auditor. 

The committee requested access to the ongoing investigation findings as soon as available.

A panel from the Commission on Judicial Discipline presented to the committee:  Christopher Gregory, Executive Director; Elizabeth Espinosa Krupa, Chair; and, David Prince, Vice-Chair. 

The Commission on Judicial Discipline presentation is located here:  https://leg.colorado.gov/sites/default/files/images/lcs/judicial_discipline_in_colorado.pdf

The presenters explained the purpose of the commission, its scope, and authority.   The panel walked the committee through the complaint process and informal and formal proceedings. 

The panel made recommendations to improve commission operations, including rulemaking authority,  recusal, and special master selection.   The commission also recommended longer terms for members and a standard for conflict resolution.

Committee members asked questions about gaps in the system and recommendations for improvement.  Committee discussion ensued about interaction and cooperation with the Judicial Department. 

Margaret Funk, representing the Office of the Attorney Regulation Counsel (OARC) as Chief Deputy, testified before the committee.  She discussed the role of OARC in judicial conduct investigations.  She answered questions from the committee about judicial discipline and recommedations for improvement.  

A panel of witnesses from the Office of the State Auditor presented information to the committee:  Michelle Colin, Deputy State Auditor, Derek Johnson, Legislative Audit Manager, and Greg Fugate testified to the committee.

The panel discussed the recent audit of the SCAO and can be read in full here:   https://leg.colorado.gov/sites/default/files/images/lcs/judicial_department_performance_audit.pdf.  The auditors highlighted recommendations from the report and answered questions about administrative functions and other findings. 

The auditors also referenced a fraud hotline investigation audit conducted on the SCAO, and the executive summary is shared here:  https://leg.colorado.gov/sites/default/files/images/lcs/osa_executive_summary.pdf.

The auditors answered committee questions about the fraud hotline audit and potential criminal referrals.  Committee discussion continued about the audits and document discovery. 

The committee identified dates for future hearings.

Chris Forsyth, representing The Judicial Integrity Project, testified about judicial discipline.  He presented a handout found here:  https://leg.colorado.gov/sites/default/files/images/lcs/evaluating_a_system_of_judicial_discipline.pdf

Andrew Toft, representing Colorado Bar Association, testified about judicial discipline.

Maralee McLean, representing Mom’s Fight Back, testified about her experience with the courts. 

Ariana Busby, representing Colorado Women's Bar Association, testified about judicial discipline. 

Debera Carol, representing Judicial Integrity Project, testified about judicial integrity and family courts. 

Helena Topa, representing self, testified about her experience with the judicial system.