Amendment H – Judicial Discipline Procedures and Confidentiality

The judicial branch – particularly, the Colorado Supreme Court – has been rocked by scandals recently. For example, in 2023 the Colorado Commission on Judicial Discipline (CCJD) censured former Chief Justice Nathan B. Coats following an investigation.

Amendment H would create an independent adjudicative board composed of 4 citizens, 4 lawyers and 4 district court judges, all appointed by the CO Supreme Court and the governor, to handle disciplinary hearings and make the final ruling. This board would replace the current 3-step process where CO Supreme Court-appointed judges make recommendations to the CCJD who then makes disciplinary recommendations to the CO Supreme Court who makes the final disciplinary ruling.

Amendment H also calls for a tribunal of randomly selected District and Appeal Court judges representing different districts to hear cases involving a Supreme Court Justice, their staff or family. The current process limits the tribunal to only Appeal Court judges.

Under Amendment H, proceedings would become public as soon as formal charges are filed, rather than waiting until a formal recommendation for sanctions is filed.

Recommendation: politics

Except for the one argument against Amendment H in the Blue Book, nobody seems to be arguing that the current system works. No doubt there are more improvements that could be made and perhaps should have been made in this ballot measure – given that the concurrent resolution to refer Amendment H to voters passed unanimously (not counting 2 abstentions in the House).

Those opposed to Amendment H say that it does little to nothing to make the judicial process work better. They also argue that if Amendment H passes, “it will be almost impossible to obtain necessary reforms because legislators will allege they did the job with Amendment H.” Most referenda pass, but if Amendment H fails, the legislators may not pursue another change. Make a political choice and vote accordingly.

Website for the Yes Side
No known website – Info on a proponents’ website appreciated.

Website for the No Side (Judicial Integrity Project)
https://judicialintegrity.org/amendment-h-vote-no.html


Approved Ballot Language
Amendment H (CONSTITUTIONAL)

Shall there be an amendment to the Colorado constitution concerning judicial discipline, and in connection therewith, establishing an independent judicial discipline adjudicative board, setting standards for judicial review of a discipline case, and clarifying when discipline proceedings become public?

YES/FOR ___
NO/AGAINST ___

HCR23-1001 to refer Amendment H to the voters
https://leg.colorado.gov/bills/hcr23-1001