Posted by
NOTLEGALROADKILLYET on Tuesday, October 24, 2006 10:20:38 AM
This is a building block post. I doubt that very many Coloradan's understand that complaints against judges are secret, well sort of secret anyway. Third Post in a Series.
Last Post.
First Post.
Article IV of the Colorado Constitution provides:
Section 23 (3) (f) Following receipt of a recommendation from the commission, the supreme court shall review the record of the proceedings on the law and facts and in its discretion may permit the introduction of additional evidence and shall order removal, retirement, suspension, censure, reprimand, or discipline, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges as if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his salary shall cease from the date of such order. On the entry of an order for retirement or for removal of a judge, his office shall be deemed vacant.
As I stated in the previous post, the Commission is powerless. Even if the four non-lawyer members prevailed on two lawyers to join them in recommending a punishment, the Supreme Court can reject the recommendation. My favorite mantra applies: Lawyers protect judges, judges protect lawyers and no one protects the public. CMBD.
(g) Prior to the filing of a recommendation to the supreme court by the commission against any justice or judge, all papers filed with and proceedings before the commission on judicial discipline or masters appointed by the supreme court, pursuant to this subsection (3), shall be confidential, and the filing of papers with and the giving of testimony before the commission or the masters shall be privileged; but no other publication of such papers or proceedings shall be privileged in any action for defamation; except that the record filed by the commission in the supreme court continues privileged and a writing which was privileged prior to its filing with the commission or the masters does not lose such privilege by such filing.
This is my favorite paragraph of all. It deserves, and will get a post all to itself, but for those too time constrained to go there: This paragraph not only allows the Supreme Court to keep judicial discipline a secret, it requires it to do so. While citizens who want to make a complaint are required to keep the complaint secret in all cases, the papers can be opened to allow a judge to sue for defamation. Further, judges are not required to keep the fact that they were complained against secret from their colleagues, which I believe contributed to the DA Carol Chambers situation. Other than the Campaign Finance Reform amendment, this is very likely the most anti-citizen's rights paragraph in the Colorado Constitution. CMBD.
(h) The supreme court shall by rule provide for procedures before the commission on judicial discipline, the masters, and the supreme court. The rules shall also provide the standards and degree of proof to be applied by the commission in its proceedings. A justice or judge who is a member of the commission or supreme court shall not participate in any proceedings involving his own removal or retirement.
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Another essay is required..