I_JudicialDiscipline_2022A 07/12/2022 09:35:59 AM Committee Summary

Senator Lee, Chair,  made opening remarks. He recapped the committee's June meeting and discussed the agenda for this hearing, which is posted here:  https://leg.colorado.gov/sites/default/files/images/committees/2017/agenda_7.12.pdf. 

Representative Carver, Vice-Chair,  made opening remarks. 

Chris Forsyth, Executive Director of The Judicial Integrity Project, discussed the judicial discipline system. His presentation can be found at this link: https://leg.colorado.gov/sites/default/files/images/committees/2017/petition_and_proposal_regarding_judicial_discipline_in_colorado.pdf

Mr. Forsyth discussed Colorado's commission-based judicial discipline system and provided a history of retention elections. He raised concerns about judicial involvement on various boards and institutes. He further discussed the screening of complaints. He went into further detail about rule-making and transparency. He referenced the recent investigatory reports about misconduct in  the Judicial Department. He noted organizational and cultural issues in the Office of the State Court Administrator. (SCAO).  He discussed and distributed a recommendation about a proposed new judicial discipline system. (Attachment A). He further discussed public confidence, or lack thereof, in the Colorado Judicial Branch. 

Dennis Maes, former Chief Judge 10th Judicial District and former member, Colorado Commission on Judicial Discipline, discussed his experience as a judge and member of the commission.  HIs remarks are found in Attachment B. 

Committee members asked questions about the judicial complaint system and purported deficiencies.  Further questions were raised about the initial screening process and violations of the Code of Judicial Conduct.  Discussion followed about statutory versus rule changes. 

Judge Maes continued to disscuss resources and staffing, followed by confidentiality and the rule of recusal. 

Committee members asked questions about  the independent investigation into the Judicial Department's leadership services contract, conducted by RCT, Ltd, otherwise known as the Troyer Report. 

Committee members discussed the nuances between judicial discipline and human resources matters.   Committee members continued to ask questions about other administrative matters. 

Michael Hartman, Policy Associate, Criminal and Civil Justice Programs with National Conference of State Legislatures (NCSL), presented information about state judiciary conduct commissions.  His presentation may be accessed here:  https://leg.colorado.gov/sites/default/files/images/committees/2017/state_judiciary_conduct_committees.pdf.

Committee members asked questions about victim rights, or other procedures within a complaint process that recognize the complainant.  Further inquiries were made about a state supreme courts as having final say in judicial disciplinary matters. 

Committee discussion ensued about the prescreening of complaints. 

Ms Tracy Ashmore, representing self, testified about court delays. 

Ruth Burns, representing self, testified about judicial discipline, recusal, and the absolute immunity doctrine. 

Rabbi Jacob Luski, representing self, testified about a family law case and distributed a handout (Attachment C). 

Committee members asked questions about recusal and court delays. 

Other handouts distributed and written testimony may be found in Attachment D. 

The committee recessed for lunch.

The committee was called back to order. 

Cynthia Gray, Director, Center for Judicial Ethics at the National Center for State Courts, gave a presentation about judicial discipline. She discussed the composition of judicial commissions, and noted that other states, such as California and Montana, are also reviewing judicial discipline. She addressed the earlier questions about support services and notifications for complainants and answered that states have haphazard procedures, if any, in place.  She next presented information about  judicial discipline commission rules and what entities promulgate them.  She noted that Colorado is an outlier regarding confidentiality and when a hearing is made public.

 

Ms, Gray continued her presentation and explained one and two panel judicial discipline commissions.  She addressed the complaint screening process.  She noted that judges are disciplined for court delays in some states.  Conversation followed about  the overlap between judicial discipline and human resources, and the importance of rule clarity.   She referenced the federal system for judicial discipline. 

Committee members asked questions about affirmative duty to report when judges observe misconduct by another judge.  Another question was raised about complaint dismissal rates and anonymous complaints. 

Further discussion ensued about confidentiality in other states states.  Committee members raised points about judicial disqualification and recusal in judicial discipline cases. 

The committee took a brief recess. 

The committee was called aback to order.

Robert Troyer and Nicholas Mitchell, investigators with RCT, Ltd., discussed  the independent investigation into the Judicial Department's leadership services contacts.  They provided an overview of their credentials and qualifications, outlined the methodology, and recapped the conclusions, as outlined in the report. 

The report may be read in its entirety here:  https://www.courts.state.co.us/announcements/LeadershipServicesContract.cfm

Committee members asked questions about the contract and improper motivations.

Discussion followed about the SCAO organizational culture, structure, and leadership.  Specific questions were asked about leadership training.

Committee members asked questions about the report, including the interview process and the investigation timeline.  Discussion followed about recommendations in the report, including those about the judicial discipline complaint process.   

The committee took a a brief recess. 

The committee was called back to order. 

The committee asked questions about anonymous complaints and the complaint process generally.  Discussion followed about the differences between statutory and rule changes.  The investigators answered inquiries about Judicial Department cooperation into the investigation.  

The investigators discussed the SCAO and lack of organizational structure or job descriptions.  Committee members asked about those involved in the judicial scandal wo refused to be interviewed.  Discussion continued abou the contract and the complaint process. 

Committee members made statements about the report findings.  Discussion ensued about the implementatin of report recommendations. 

Committee members inquired about victim-centered approaches for accountability. 

Steven Vasconcellos, State Court Administrator, made brief remarks about the investigation and discussed collaboration with the Commission on Judicial Discipline. 

The Chair and Vice-Chair asked for judicial discipline recommendations from interested parties by August 1, 2022, in order for the committee to review before the hearing on August 10, 2022. 

Marty Powers, representing self, testified about public guardianship.

David Wells, representing self, testified about power of attorney and the probate system.

Gregory Wells, representing self, testified about the probate system.

Jerry Greene, representing self, testified about judicial discipline.