2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COURTS OF RECORD (§§ 13-1-101 — 13-9-124) › Article 5.3 - COMMISSION ON JUDICIAL DISCIPLINE (§§ 13-5.3-101 — 13-5.3-113) › Section 13-5.3-102 - [See note] Commission on judicial discipline - powers and duties (§ 13-5.3-102) › 2

(1)
Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial discipline is established as an independent commission housed within the department.
(2)
(a)
Members of the commission are appointed and serve pursuant to section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.
(b)
(I)
The supreme court shall select the members of the commission who are judges of the district courts and judges of county courts from among the nominee pools created by the state court administrator pursuant to subsection (2)(b)(II) of this section; except that when making its selections, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county.
(II)
(A)
Upon a vacancy of a district judge member of the commission, the state court administrator shall create a district judge nominee pool that consists of ten district judges randomly selected by the state court administrator, or the administrator's designee, from among all district judges of the state not currently a member of the commission.
(B)
Upon a vacancy of a county judge member of the commission, the state court administrator shall create a county judge nominee pool that consists of ten county judges randomly selected by the state court administrator, or the administrator's designee, from among all county judges of the state not currently a member of the commission.
(C)
When creating the nominee pool, the state court administrator or the administrator's designee shall only include judges who do not have a current disciplinary investigation or proceeding pending before the commission or judicial discipline adjudicative board; have not received a disciplinary sanction from the commission, judicial discipline adjudicative board, or supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse themselves from the commission. The random selection of judges to a nominee pool is a purely administrative function.
(3)
The commission shall:
(a)
Investigate and resolve requests for evaluation of potential judicial misconduct in accordance with the Colorado constitution, the rules, and this article 5.3;
(b)
Appoint an executive director of the office of judicial discipline;
(c)
Establish positions, roles, and minimum starting salaries for employees of the office;
(d)
Hire employees of the office who serve at the pleasure of the commission. Employees of the office may include clerical assistants; attorneys who serve as special counsel; and investigators;
(e)
Employ attorneys or appoint outside special counsel pursuant to sections
24-31-101(1)(g)
and 24-31-111 who serve at the pleasure of the commission; assign duties to special counsel at the discretion of the commission, which may include serving as representatives of the people of the state of Colorado in formal proceedings; and determine the compensation of special counsel; and
(f)
Approve a budget for the commission and the office and assist the executive director in managing the office and providing fiscal oversight of the office's operating budget.
(4)
Commissioners are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners consistent with the "Colorado Governmental Immunity Act", article
10
of title
24
.
Amended by 2023 Ch. 366,§ 2, eff. only if HCR 23-1001 is approved by the people at the general election to be held November 2024 and will take effect on the date of the official declaration of the vote on said HCR 23-1001 by the governor.
Added by 2022 Ch. 201, §2, eff. 5/20/2022.
2023 Ch. 366, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.