The Judicial Integrity Project Chris Forsyth, Executive Director - - PowerPoint PPT Presentation

The Judicial Integrity Project

Chris Forsyth, Executive Director

The Judicial Integrity Project

Our sole focus is improving the justice system

The Judicial Integrity Project

Our sole focus is improving the justice system by Removing conflicts of interest

The Judicial Integrity Project

Our sole focus is improving the justice system by Removing conflicts of interest and Increasing accountability and transparency

Photo by Erin M. Page / www.flickr.com/CreativeCommons

What makes a judge a judge?

“qualified elector of the state

• f Colorado and shall have

been licensed to practice law in this state for at least five years.”

Code Of Judicial Conduct

Child custody

Gun laws

Discrimination

Death penalty

The Code of Judicial Conduct

Gun laws Death Penalty Discrimination Child Custody Gun Laws Divorce Free Speech Wrongful Termination Property Rights Tax Rape Fines Probate Theft Civil Taking Contempt Assembly Child Support Small Claims Civil Forfeiture Criminal

CONSTITUTION OF THE STATE OF COLORADO Article VI. Judicial Department Miscellaneous Current through 2013 § 23. Retirement and removal of justices and judges (3)(d) A justice or judge of any court of record of this state, in accordance with the procedure set forth in this subsection (3), may be removed or disciplined for willful misconduct in office, willful or persistent failure to perform his duties, intemperance, or violation of any canon of the Colorado code of judicial conduct,

• r he may be retired for disability interfering with the performance of his duties

which is, or is likely to become, of a permanent character.

CONSTITUTION OF THE STATE OF COLORADO Article VI. Judicial Department Miscellaneous Current through 2013 § 23. Retirement and removal of justices and judges (3)(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

• wn removal or retirement

Rule 13. Screening of Complaints The Commission, or, at its discretion, the executive director, shall determine whether a complaint provides sufficient cause to warrant further investigation and

• evaluation. The Commission or the executive director shall dismiss complaints that

(a) do not include allegations of facts which, if true, would constitute grounds for disciplinary action; (b) are based on disputed rulings under the jurisdiction of the trial or appellate courts; (c) are frivolous; or (d) are otherwise beyond the jurisdiction of the Commission. If a complaint survives screening, the executive director or one or more presenters shall provide an evaluation of the complaint to the 12

• Commission. A Judge need not be notified of the action taken by the Commission

at this stage of the proceedings.

Colorado Court Rules Chapter 24. The Colorado Rules of Judicial Discipline Part B. PRELIMINARY PROCEEDINGS As amended through Rule Change 2015(5) effective July 1, 2015 Rule 13. Review of Complaints and Preliminary Evaluation (b) Dismissal. The Commission or the executive director shall dismiss complaints that: (1) Do not allege facts which, if true, would provide grounds for disciplinary proceedings; (2) Dispute a Judge's findings of fact; conclusions of law; or rulings on evidence, procedure, or other matters within the jurisdiction of the trial or appellate courts, unless the Judge's conduct in considering and issuing such a decision provides grounds for disciplinary proceedings; (3) Are frivolous; or (4) Are otherwise beyond the jurisdiction of the Commission.

Colorado Court Rules Chapter 24. The Colorado Rules of Judicial Discipline Part A. GENERAL PROVISIONS As amended through Rule Change 2015(5) effective July 1, 2015 Rule 3. Organization and Administration (d) Executive Director. The Commission shall appoint an executive director whose duties and responsibilities, subject to general oversight by the Commission, shall be to: (12) Perform such other duties as these Rules, the Commission or the Supreme Court may require.

Colorado’s current judicial discipline commission has

• 4 judges on it who are appointed by

the chief justice of the Supreme Court.

• It also has 2 lawyers and 4 citizens appointed by the governor.
• The executive director of the commission

reports to the Supreme Court

• And the Supreme Court writes the rules

for the discipline commission to follow.

There has not been a contested judicial discipline hearing in Colorado since 1986.

More than 30,000 phone calls, presumably complaints, have been received by the Judicial Discipline Commission since 1986. More than 5,000 written complaints have been filed Since 1986. Yet there is only one published stipulation to judicial misconduct since 1986. One.

Colorado ranks 22nd in U.S. population, but ranks 48th in the number of cases of judicial misconduct that are prosecuted. Only two states prosecute fewer cases – Hawaii and Idaho – which have a fraction of the population of Colorado. 47 states have more accountability for judicial misconduct than Colorado. 47.

The dismissal rate of complaints against judges in Colorado hit 97% in 1993 and has averaged 97% ever since.

Article 72. Public Records Part 4. JUDICIAL DISCIPLINARY HEARINGS Current through Chapter 364 of the 2015 Legislative Session § 24-72-402. Violation - penalty Any member of the commission, any master appointed by the supreme court, or anyone providing assistance to such commission or such masters who willfully and knowingly discloses the contents of any paper filed with, or any proceeding before, such commission or such masters, or willfully and knowingly discloses the contents of any recommendation of the commission before such recommendation is filed with the supreme court is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars. This section shall not apply to any necessary communication between the members of the commission or the masters appointed by the supreme court or anyone employed to aid such commission or such masters in the filing or documentation of any paper filed with, or any proceedings before, such commission or such masters or the preparation of the recommendation of such commission. Cite as C.R.S. § 24-72-402

• History. L. 83: Entire part added, p. 1003, § 1, July 1.

The Honest Judge Amendment

* Removes the conflict of interest by transferring the power to discipline judges to the Independent Ethics Commission

The Honest Judge Amendment

* Removes the conflict of interest by transferring the power to discipline judges to the Independent Ethics Commission * Increases accountability by removing the conflict of interest in rule-making and prohibiting certain rules from being made.

The Honest Judge Amendment

* Removes the conflict of interest by transferring the power to discipline judges to the Independent Ethics Commission * Increases accountability by removing the conflict of interest in rule-making and prohibiting certain rules from being made. * Resurrects the Code of Judicial Conduct.

The Honest Judge Amendment

* Removes the conflict of interest by transferring the power to discipline judges to the Independent Ethics Commission * Increases accountability by removing the conflict of interest in rule-making and prohibiting certain rules from being made. * Resurrects the Code of Judicial Conduct. * Creates accountability.

The Honest Judge Amendment

* Takes off the books the crime of disclosing the contents of a complaint filed with the discipline commission.

The Honest Judge Amendment

* Takes off the books the crime of disclosing the contents of a complaint filed with the discipline commission. * Makes judicial discipline proceedings before the Independent Ethics Commission public upon a finding of probable cause, which is a responsible and reasonable standard.

The Honest Judge Amendment

* Takes off the books the crime of disclosing the contents of a complaint filed with the discipline commission. * Makes judicial discipline proceedings before the Independent Ethics Commission public upon a finding of probable cause, which is a responsible and reasonable standard. * Creates transparency.

The Code of Judicial Conduct

Gun laws Death Penalty Discrimination Child Custody Gun Laws Divorce Free Speech Wrongful Termination Property Rights Tax Rape Fines Probate Theft Civil Taking Contempt Assembly Child Support Small Claims Civil Forfeiture Criminal

Code Of Judicial Conduct

Colorado: Get your Code on. The Honest Judge Amendment

What do you know about judges when you go to the voting booth?

Voters currently receive insufficient information about judges to make an informed decision.

The state judicial performance commission makes the rules for all district commissions to follow.

The state judicial performance commission, which is responsible for recommending whether to retain Court of Appeals and Supreme Court judges who rule over the entire state, is currently made up of 10 members, 7 of whom reside in the Denver area.

The Performance Commissions Reboot

The Performance Commissions Reboot

* Changes the makeup of the state commission to be representational of the entire state.

The Performance Commissions Reboot

* Changes the makeup of the state commission to be representational of the entire state. * Removes the conflict of interest in having the chief justice of the Supreme Court select performance commissioners by not allowing commissioners selected by the chief justice to serve on the state commission.

The Performance Commissions Reboot

* Changes the makeup of the state commission to be representational of the entire state. * Removes the conflict of interest in having the chief justice of the Supreme Court select performance commissioners by not allowing commissioners selected by the chief justice to serve on the state commission. * Requires the state commission to verify the public financial disclosures that justices and judges are currently required to file. (At present, no entity verifies the disclosures.)

The Performance Commissions Reboot

* Changes the makeup of the state commission to be representational of the entire state. * Removes the conflict of interest in having the chief justice of the Supreme Court select performance commissioners by not allowing commissioners selected by the chief justice to serve on the state commission. * Requires the state commission to verify the public financial disclosures that justices and judges are currently required to file. (At present, no entity verifies the disclosures.)

The Performance Commissions Reboot

* Mandating that a commission make a "do not retain" recommendation when a majority of commission members determine that it is more probable than not that:

The Performance Commissions Reboot

* Mandating that a commission make a "do not retain" recommendation when a majority of commission members determine that it is more probable than not that: * A judge knowingly committed a dishonest act during the performance of judicial duties,

The Performance Commissions Reboot

* Mandating that a commission make a "do not retain" recommendation when a majority of commission members determine that it is more probable than not that: * A judge knowingly committed a dishonest act during the performance of judicial duties, * A judge knowingly made inaccurate or insufficient public financial disclosures,

The Performance Commissions Reboot

* Mandating that a commission make a "do not retain" recommendation when a majority of commission members determine that it is more probable than not that: * A judge knowingly committed a dishonest act during the performance of judicial duties, * A judge knowingly made inaccurate or insufficient public financial disclosures, * A judge was improperly influenced by a conflict of interest in performing a judicial act,

The Performance Commissions Reboot

* Mandating that a commission make a "do not retain" recommendation when a majority of commission members determine that it is more probable than not that: * A judge knowingly committed a dishonest act during the performance of judicial duties, * A judge knowingly made inaccurate or insufficient public financial disclosures, * A judge was improperly influenced by a conflict of interest in performing a judicial act,

Photo by Ronny Macdonald - www.flickr.com/CreativecCommons

Get to know your judges better with The Performance Commissions Reboot.

Get your code on with The Honest Judge Amendment.

Play safe.

Please Support The Judicial Integrity Project.

The Judicial Integrity Project www.judicialintegrity.org