In recent years, Colorado’s justice system has faced many challenges. The pandemic, tight budgets and allegations of misconduct – which the investigation found were not in line with the headlines – have strained and undermined public trust in one of our most fundamental institutions. The disciplinary process designed to hold judges and judicial staff accountable is under scrutiny.

This November, Colorado voters have a critical opportunity to make our judicial disciplinary system fairer, more independent, and more transparent by voting “yes” on Amendment H.

The amendment, the result of a near-unanimous bipartisan effort by our state legislature, creates a new independent body to oversee misconduct discipline within Colorado’s judiciary. While it may sound like a minor procedural change, Amendment H represents an important step toward ensuring the integrity of our courts. Here’s why.

Under our current system, the Colorado Commission on Judicial Discipline reviews complaints against judges. It takes action on credible allegations of misconduct and rejects those that are unfounded, frivolous or outside the Commission’s jurisdiction (e.g. complaints about a judge’s decisions in a court case).

If the commission finds that misconduct has occurred, it can impose private disciplinary action on a judge, but can only recommend public disciplinary action. The Supreme Court has the final say in publicly disciplining its own members and other judges. All of these proceedings are confidential and only when public disciplinary action is taken will it become known to Coloradans.

Amendment H offers several important improvements to this system.

First, an independent body with a diverse composition – four district court judges, four lawyers and four citizens – is created to conduct judicial proceedings. The Board of Directors, not the Supreme Court, has final authority in disciplinary matters.

Second, the proposed board would be appointed by a combination of the Supreme Court and the governor and confirmed by the Senate. Involving multiple branches of government ensures greater participation in determining the composition of the body.

Third, Amendment H aims to increase transparency by making more information about judicial disciplinary proceedings available to the public earlier in the process, while continuing to protect sensitive information when necessary.

Finally, the independent panel created by Amendment H would have the power to conduct its own investigations rather than relying solely on the existing Commission. This change would ensure a more thorough and impartial review of alleged misconduct and further strengthen the integrity of the disciplinary process.

Amendment H has broad support among civil society and legal groups and was referred to a vote by the General Assembly almost unanimously. It strikes the right balance and ensures greater transparency and accountability. The proposed committee would not interfere with judicial decision-making but would focus exclusively on cases of misconduct, preserving the essential independence of the judiciary while promoting ethical behavior.

Amendment H also provides for important control mechanisms. The composition of the board ensures that decisions are based on both legal expertise and public perspective.

It is important to remember what is at stake in this crucial vote on Amendment H: a trustworthy judiciary that serves as the cornerstone of our democracy. By supporting this amendment, we are not just streamlining a process – we are reaffirming our commitment to justice. On November 5th, all Coloradans should vote for Amendment H.

Jeff Rupp is executive director and Thor Nelson is chairman of the board of the Colorado Judicial Institute.

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