reglab/statecodes huggingface dataset:
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 1 - JUDGES - TERMS (§§ 13-5-101 — 13-5-145) › Section 13-5-140 - Transfer of certain registry functions - cooperation between departments

The judicial department and the department of human services shall cooperate in the transfer of the functions relating to the collection of child support from the courts to the child support enforcement agency specified in article
13
of title
26
, C.R.S. In order to implement such transfer, which shall be completed on or after July 1, 1991, and upon notification to the state court administrator by the executive director of the department of human services that a particular county or judicial district is ready to implement and participate in the family support registry, the judicial department shall transfer to the state child support enforcement agency all necessary data, computer programs, technical written material, and budgetary information and shall provide such technical assistance as may be required. The judicial department shall retain payment records relating to child support orders until the executive director of the department of human services notifies the state court administrator that retention of the records is no longer necessary.
L. 85: Entire section added, p. 588, § 3, effective July 1. L. 88: Entire section amended, p. 636, § 16, effective July 1. L. 90: Entire section amended, p. 1412, § 7, effective June 8. L. 94: Entire section amended, p. 2640, § 88, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 1 - JUDGES - TERMS (§§ 13-5-101 — 13-5-145) › Section 13-5-141 - Compilation - sentences received upon conviction of felony

(1)
The state court administrator's office shall, by March 1 and by September 1 of each year, prepare and make available to the public at each district court, for a reasonable charge, a compilation of the sentences imposed in felony cases by each judge in each district court. Such compilation shall include:
(a)
The name of each judge;
(b)
The name of each offender and a description of the crime for which he was convicted;
(c)
The sentence imposed by each such judge for each such felony case; and
(d)
A statement that complete information concerning aggravating and mitigating factors, plea and sentence concessions, and other sentencing considerations is available in the court file. As soon as practical, such information shall be included in the compilation.
L. 87: Entire section added, p. 542, § 1, effective July 1.
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 1 - JUDGES - TERMS (§§ 13-5-101 — 13-5-145) › Section 13-5-142.8 - Notice by professional persons

Under sections
13-9-123(1)
,
13-9-124(2)
,
13-5-142(1)
, and
13-5-142.5(2)
, an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section
27-65-108.5
or 27-65-109 must also include a notice filed by a professional person pursuant to section
27-65-108.5
or 27-65-109, and an order for extended certification for treatment of a mental health disorder pursuant to section
27-65-109(10)
must also include a notice filed by a professional person pursuant to section
27-65-109(10)
.
Amended by 2023 Ch. 423,§ 8, eff. 7/1/2024.
Amended by 2022 Ch. 451, §16, eff. 8/10/2022.
L. 2019: Entire section added, (SB 19-177), ch. 2812, p. 2812, § 3, effective August 2.
2023 Ch. 423, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 451, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 1 - JUDGES - TERMS (§§ 13-5-101 — 13-5-145) › Section 13-5-143 - Judge as party to a case - recusal of judge upon motion

(1)
If a judge or former judge of a district court is a party in his or her individual and private capacity in a case that is to be tried within any district court in the same judicial district in which the judge or former judge is or was a judge of a district court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case.
(2)
If a district court receives a motion filed by a party pursuant to subsection (1) of this section, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a district court in the same judicial district in which the judge or former judge who is a party to the case in his or her individual and private capacity is or was a judge of a district court.
(3)
If a judge recuses himself or herself pursuant to subsection (2) of this section, the chief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case.
(4)
The provisions of this section shall not apply to a water judge or referee when he or she is acting within his or her exclusive jurisdiction over water matters pursuant to section
37-92-203
, C.R.S.
L. 2008: Entire section added, p. 435, § 1, effective August 5.
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 1 - JUDGES - TERMS (§§ 13-5-101 — 13-5-145) › Section 13-5-144 - Chief judge - veterans treatment court authority

The chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. In establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria.
Amended by 2018 Ch. 135,§ 2, eff. 8/8/2018.
L. 2010: Entire section added, (HB 10-1104), ch. 139, p. 465, §3, effective April 16. L. 2018: Entire section amended, (HB 18-1078), ch. 135, p. 890, § 2, effective August 8.
For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 139, Session Laws of Colorado 2010.
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 2 - DISTRICT COURT MAGISTRATES (§ 13-5-201) › Section 13-5-201 - District court magistrates

(1)
District court magistrates may be appointed, subject to available appropriations, pursuant to section
13-3-105
, if approved by the chief justice of the supreme court.
(2)
A district court magistrate shall be a qualified attorney-at-law admitted to practice in this state and in good standing. Nothing in this part 2 shall affect the qualifications of water referees appointed pursuant to section
37-92-203(6)
, C.R.S.
(2.5)
District court magistrates shall have the power to solemnize marriages pursuant to the procedures in section
14-2-109
, C.R.S.
(3)
District court magistrates may hear such matters as are determined by rule of the supreme court, subject to the provision that no magistrate may preside in any trial by jury.
(3.5)
District court magistrates shall have the power to preside over matters specified in section
13-17.5-105
.
(4)
For purposes of this part 2, the Denver probate court shall be regarded as a district court.
L. 83: Entire part added, p. 600, § 1, effective May 20. L. 89: (2.5) added, p. 781, § 2, effective April 4. L. 91: Entire section amended, p. 354, § 2, effective April 9. L. 93: (2) amended, p. 1774, § 30, effective June 6. L. 95: (3.5) added, p. 480, § 2, effective July 1.
For magistrates in the small claims division of county courts, see § 13-6-405; for magistrates in county courts, see part 5 of article 6 of this title.
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 - JUDICIAL DISTRICTS (§§ 13-5-101 — 13-5-301) › Part 3 - [Repealed] (§ 13-5-301) › Section 13-5-301 - to 13-5-305 - [Repealed]

L. 2004: Entire part repealed, p. 224, § 1, effective July 1.
This part 3 was added in 1985.
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 13-5.3-101 - [See note] Definitions (§ 13-5.3-101) › 1

As used in this article 5.3, unless the context otherwise requires:
(1)
"Attorney" means a person admitted to practice law before the courts of this state.
(2)
"Code" means the Colorado code of judicial conduct.
(3)
"Commission" means the commission on judicial discipline, established pursuant to section 23 (3) of article VI of the Colorado constitution.
(4)
"Commissioner" means an appointed member of the commission on judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution.
(5)
"Complaint" means information in any form from any source that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated.
(6)
"Department" means the Colorado state judicial department and all its subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts.
(7)
"Executive director" means the executive director of the office of judicial discipline appointed pursuant to section 13-5.3-103.
(8)
"Fund" means the commission on judicial discipline special cash fund, created in section 13-5.3-104.
(9)
(a)
"Judge" means any justice or judge of any court of record of this state serving on a full-time, part-time, or senior basis.
(b)
"Judge" also includes any justice or judge who has retired within the jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court.
(c)
"Judge" does not include municipal judges or magistrates, administrative law judges, or Denver county court judges, who are subject to different disciplinary authorities.
(10)
"Justice" means a justice serving on the supreme court of Colorado on either a full-time or senior basis.
(11)
"Misconduct" means conduct by a judge that may reasonably constitute grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution.
(12)
"Office" means the office of judicial discipline established in section 13-5.3-103.
(13)
"Office of the state court administrator" means the office created pursuant to section
13-3-101(1)
.
(14)
"Rules" means the Colorado rules of judicial discipline.
(15)
"Supreme court" means the supreme court of the state of Colorado established pursuant to article VI of the Colorado constitution.
Added by 2022 Ch. 201, §2, eff. 5/20/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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) › 1

(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)
Members of the commission are appointed and serve pursuant to section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.
(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
.
Added by 2022 Ch. 201, §2, eff. 5/20/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 13-5.3-104 - Commission on judicial discipline special cash fund - acceptance of federal funds - general appropriations

(1)
The commission is authorized to accept any federal funds made available for any purpose consistent with the provisions of this article 5.3.
(2)
Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same to the commission on judicial discipline special cash fund, which is created in the state treasury.
(3)
Any expenses, attorney fees, or costs recovered pursuant to this article 5.3 must be transmitted to the state treasurer, who shall credit the same to the fund.
(4)
Money in the fund is continuously appropriated to the commission for the purposes specified in subsection (6) of this section.
(5)
Any interest derived from the deposit and investment of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.
(6)
Money in the fund may be used for payment of the expenses for evaluations, investigations, formal proceedings, or special projects that the commission has determined are to be undertaken by personnel other than or in addition to those employed by the office.
(7)
For the state fiscal year 2022-23, the general assembly shall appropriate from the general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year with not less than four hundred thousand dollars.
Added by 2022 Ch. 201,§2, eff. 5/20/2022.
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 13-5.3-105 - Information-sharing with judicial oversight entities - legislative declaration

(1)
The general assembly finds and declares that:
(a)
Several entities within the department share a role in the oversight of the judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as "judicial oversight entities"; and
(b)
In order for the commission and the judicial oversight entities to properly perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality.
(2)
When requested by a judicial oversight entity, the commission may provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules.
(3)
(a)
When a judicial oversight entity receives information indicating or alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality.
(b)
A provision in a contract, including in a nondisclosure agreement, entered into after the effective date of this act that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.
Amended by 2023 Ch. 366,§ 3, eff. 8/7/2023.
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).
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 13-5.3-107 - [See note] Rule-making (§ 13-5.3-107) › 1

(1)
Section 23 (3)(h) of article VI of the Colorado constitution directs the supreme court to provide by rule for procedures before the commission, the masters, and the supreme court. In exercising its rulemaking authority, the supreme court shall provide the commission reasonable notice and an opportunity to object before enacting any new rule or amendment as it pertains to judicial discipline. If the commission objects to any rule or amendment, representatives of the supreme court shall meet with representatives of the commission and engage in good-faith efforts to resolve their differences.
(2)
Whenever the supreme court proposes a rule, guideline, or procedure related to judicial discipline, the supreme court shall post notice of the proposed rule, guideline, or procedure; allow for a period for public comment; and give the public an opportunity to address the supreme court concerning the proposed rule, guideline, or procedure at a public hearing.
Added by 2022 Ch. 201, §2, eff. 5/20/2022.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 13-5.3-107 - [See note] Rule-making (§ 13-5.3-107) › 2

(1)
Section 23 (3) of article VI of the Colorado constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment.
(2)
Whenever the rule-making committee proposes a rule, the committee shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.
Amended by 2023 Ch. 366,§ 4, 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.
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 13-5.3-108 - Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART)

(1)
The commission shall gather and maintain annual data and statistics on the following information:
(a)
The number of requests for evaluation received, the number of other allegations of judicial misconduct received regardless of form, and the number of requests for evaluation that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint;
(b)
The number of judicial misconduct investigations performed, the types of complaints investigated, and the results of the investigations;
(c)
The types of judicial misconduct complaints reviewed by the commission following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated;
(d)
The number of formal proceedings pursued;
(e)
The number and types of dispositions entered, including the type of any discipline imposed or recommended; and
(f)
The demographics, including the gender, age, race, ethnicity, or disability, of judges under discipline or investigation and those directly affected by the potential misconduct.
(2)
Beginning January 2023, and every January thereafter, the commission shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section
2-7-203
.
(3)
(a)
The commission shall make the information described in subsection (1) of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness.
(b)
Nothing in this subsection (3) requires the commission to make publicly available any information it is required to keep confidential pursuant to the Colorado constitution or law.
Amended by 2023 Ch. 366,§ 5, eff. 8/7/2023.
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).
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 13-5.3-109 - Representation by attorney general

(1)
Pursuant to section
24-31-111
, the attorney general shall provide legal services, as defined in section
24-31-111 (6)(a)
, to the commission and the office. The attorney general shall designate one or more assistant attorneys general to provide such legal services. Any assistant attorneys general shall not be within the same unit, section, or division of the Colorado department of law that provides legal services to the judicial department.
(2)
This section does not limit the commission's or office's authority to hire attorneys to serve as special counsel pursuant to section
13-5.3-102 (3)(d)
.
Added by 2022 Ch. 201, §2, eff. 5/20/2022.
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 13-5.3-110 - [Repealed]

Repealed by 2023 Ch. 366,§ 6, eff. 8/7/2023.
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).
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 13-5.3-111 - Requests for evaluation - manner - confidential requests

(1)
In addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website.
(2)
The commission and office shall permit a person to submit a confidential or anonymous request for evaluation.
Added by 2023 Ch. 366,§ 7, eff. 8/7/2023.
2023 Ch. 366, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 13-5.3-112 - Complainant notification - point of contact

(1)
Upon receipt of a complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process.
(2)
The office shall designate a point of contact to keep complainants apprised of the status of the complainant's complaint, including periodic updates related to the complaint and timely notice of the outcome of the investigation of the complaint and the disciplinary or adjudicative process. Updates must include, but are not limited to, information about the following:
(a)
Dismissal of a complaint;
(b)
Completion of an investigation;
(c)
Scheduling of any hearings;
(d)
Results of any hearings;
(e)
Imposition of any remedial measures or sanctions; and
(f)
Appeal of any remedial measures or sanctions.
(3)
If a complaint is dismissed because it is outside the commission's jurisdiction, the office shall provide an explanation of the dismissal to the complainant.
Added by 2023 Ch. 366,§ 8, eff. 8/7/2023.
2023 Ch. 366, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 13-5.3-113 - [See note] Judicial discipline adjudicative board - administrative support

When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any necessary approval from the chief judge of a district court, the panel judge may use the judge's own staff to provide the administrative support or, if necessary, staff of other judges in the judge's district or another district may provide the support. Staff from the same district as the respondent judge in the proceeding shall not provide administrative support to the panel.
Added by 2023 Ch. 366,§ 9, 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.
2023 Ch. 366, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-101 - Legislative declaration

(1)
It is the intent of the general assembly to provide:
(a)
A comprehensive evaluation system of judicial performance;
(b)
Information to the people of Colorado regarding the performance of judges and justices throughout the state; and
(c)
Transparency and accountability for judges and justices throughout the state of Colorado.
(2)
Therefore, the general assembly finds and declares that it is in the public interest and is a matter of statewide concern to:
(a)
Provide judges and justices with useful information concerning their own performances, along with training resources to improve judicial performance as necessary;
(b)
Establish a comprehensive system of evaluating judicial performance to provide persons voting on the retention of judges and justices with fair, responsible, and constructive information about individual judicial performance;
(c)
Establish an independent office on judicial performance evaluation with full authority to implement the provisions of this article 5.5; and
(d)
Conduct statewide judicial performance evaluations, as well as judicial performance evaluations within each judicial district, using uniform criteria and procedures pursuant to the provisions of this article 5.5.
Amended by 2019 Ch. 374,§ 1, eff. 5/30/2019.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, § 1, effective August 9.
This section is similar to former § 13-5.5-101 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-102 - Definitions

As used in this article 5.5, unless the context otherwise requires:
(1)
"Attorney" means a person admitted to practice law before the courts of this state.
(2)
"Commission" means both the state and district commissions on judicial performance, established in section
13-5.5-104
, unless the usage otherwise specifies the state commission or a district commission.
(3)
"Commissioner" means an appointed member of the state commission or one of the district commissions on judicial performance established in section
13-5.5-104
.
(4)
"Department" means the state judicial department.
(5)
"Executive director" means the executive director of the office on judicial performance evaluation created in section
13-5.5-103
.
(6)
"Fund" means the state commission on judicial performance cash fund, created in section
13-5.5-115
.
(7)
"Improvement plan" means an individual judicial improvement plan developed and implemented pursuant to section
13-5.5-110
.
(8)
"Interim evaluation" means an interim evaluation conducted by a commission pursuant to section
13-5.5-109
during a full term of office of a justice or judge.
(9)
"Judge" includes all active judges.
(10)
"Justice" means a justice serving on the supreme court of Colorado.
(11)
"Office" means the office on judicial performance evaluation created in section
13-5.5-103
.
(12)
"Retention year evaluation" means a judicial performance evaluation conducted by a commission pursuant to section
13-5.5-108
of a justice or judge whose term is to expire and who must stand for retention election.
(13)
Repealed.
(14)
"Volunteer courtroom observer program" means a systemwide program comprised of volunteers who provide courtroom observation reports for use by state and district commissions in judicial performance evaluations. The state commission shall develop rules, guidelines, and procedures for the volunteer courtroom observer program pursuant to section
13-5.5-105(2)(i)
.
Amended by 2019 Ch. 374,§ 2, eff. 5/30/2019.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, § 1, effective August 9.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-103 - Office on judicial performance evaluation - executive director - duties - oversight

(1)
The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section
13-5.5-104
, shall oversee the office.
(2)
The state commission shall appoint an executive director of the office. The executive director serves at the pleasure of the state commission. The executive director's compensation is the same as that which the general assembly establishes for a judge of the district court. The state commission shall not reduce the executive director's compensation during the time that he or she serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission.
(3)
Subject to the state commission's supervision, the office shall:
(a)
Staff the state and district commissions when directed to do so by the state commission;
(b)
Train state and district commissioners as needed and requested;
(c)
Collect and disseminate data on judicial performance evaluations, including judicial performance surveys developed, collected, and distributed, pursuant to section
13-5.5-105(2)
;
(d)
Conduct public education efforts concerning the judicial performance evaluation process and the recommendations made by the state and district commissions;
(e)
Measure public awareness of the judicial performance evaluation process through regular polling; and
(f)
Complete any other duties as assigned by the state commission.
(4)
Office expenses are paid for from the state commission on judicial performance cash fund created pursuant to section
13-5.5-115
.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
This section is similar to former § 13-5.5-101.5 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-106 - Rules, guidelines, and procedures

(1)
The state commission shall adopt rules, guidelines, and procedures as necessary to implement and effectuate the provisions of this article 5.5, including rules, guidelines, and procedures governing the district commissions.
(2)
The state commission shall consider proposed rules, guidelines, or procedures from the judicial department; except that nothing in this section requires the state commission to seek approval from the judicial department. The state commission retains the authority for the adoption of final rules, guidelines, or procedures. The state commission may, at its discretion and within existing appropriations and resources, retain independent legal counsel to review any rules, guidelines, or procedures adopted pursuant to this section or section
13-5.5-105
.
(3)
The state commission may adopt rules, guidelines, or procedures that provide guidance to commissioners regarding the review or interpretation of information obtained as a result of the evaluation process and the criteria contained in section
13-5.5-107
. Any such rules, guidelines, or procedures must:
(a)
Take into consideration the reliability of survey data and be consistent with section
13-5.5-105
; and
(b)
Not divest any commissioner of his or her ultimate authority to decide whether a justice or judge meets the minimum performance standards, as established by the state and district commissions.
(4)
The state commission shall post a notice of the proposed rule, guideline, or procedure; allow for a period for public comment; and give the public an opportunity to address the state commission concerning the proposed rule, guideline, or procedure at a public hearing.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-107 - Judicial performance evaluation criteria

(1)
The state commission and each district commission shall evaluate each justice and judge in Colorado utilizing the powers and duties conferred upon each commission in section
13-5.5-105
. The evaluations must only include the following performance evaluation criteria:
(a)
Integrity, including but not limited to whether the justice or judge:
(I)
Avoids impropriety or the appearance of impropriety;
(II)
Displays fairness and impartiality toward all participants; and
(III)
Avoids ex parte communications;
(b)
Legal knowledge, including but not limited to whether the justice or judge:
(I)
Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence;
(II)
Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness to factual and legal issues before the court; and
(III)
Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority;
(c)
Communication skills, including but not limited to whether the justice or judge:
(I)
Presents clearly written and understandable opinions, findings of fact, conclusions of law, and orders;
(II)
Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and
(III)
Clearly presents information to the jury, as necessary;
(d)
Judicial temperament, including but not limited to whether the justice or judge:
(I)
Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and
(II)
Maintains and requires order, punctuality, and appropriate decorum in the courtroom;
(e)
Administrative performance, including but not limited to whether the justice or judge:
(I)
Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings;
(II)
Manages workload and court time effectively and efficiently;
(III)
Issues opinions, findings of fact, conclusions of law, and orders in a timely manner and without unnecessary delay;
(IV)
Participates in a proportionate share of the court's workload, takes responsibility for more than his or her own caseload, and is willing to assist other justices or judges; and
(V)
Understands and complies, as necessary, with directives of the Colorado supreme court; and
(f)
Service to the legal profession and the public by participating in service-oriented efforts designed to educate the public about the legal system and improve the legal system.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
This section is similar to former § 13-5.5-105.5 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-109 - Judicial performance evaluations in interim years between elections - procedure

(1)
Within the first two years of a justice's or judge's appointment to the bench, the appropriate commission shall conduct an initial evaluation of each justice and each judge. The appropriate commission shall complete and communicate its judicial performance interim evaluations as follows:
(a)
The state commission shall communicate its findings, including any recommendations for improvement plans, to the chief justice of the supreme court or the chief judge of the court of appeals and the appellate justice or judge who was evaluated; and
(b)
The applicable district commission shall communicate its findings, including any recommendations for improvement plans, to the chief judge of the district and the judge who was evaluated.
(2)
If a commission recommends an improvement plan, the procedure development and implementation for such a plan will follow the guidelines set forth in section
13-5.5-110
.
(3)
The appropriate commission, at its discretion, may conduct a subsequent interim evaluation of each justice and each judge during the years between when the justice or judge stands for retention, if applicable.
(4)
The appropriate commission shall grant each justice or judge who receives an initial or interim evaluation the opportunity to meet with the commission or otherwise respond to the initial or interim evaluation no later than ten days following the justice's or judge's receipt of the initial or interim evaluation. If a meeting is held or a response is made, the appropriate commission may revise its initial or interim evaluation.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
This section is similar to former § 13-5.5-106.3 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-110 - Individual judicial improvement plans

(1)
(a)
If the state commission or a district commission recommends, pursuant to section
13-5.5-109(1)
, that a justice or judge receive an individual judicial improvement plan, the commission shall communicate such recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge shall then develop an improvement plan for such judge and shall send the improvement plan to the state commission for review. After the state commission reviews and approves the improvement plan, the chief justice or chief judge shall have the responsibility for implementing and overseeing the improvement plan.
(b)
Once the justice or judge has completed the improvement plan, the chief justice or chief judge shall convey the results of the improvement plan activities to the appropriate commission, which will then maintain a copy of the improvement plan and the statement of results in its files.
(2)
If a justice or judge is required to complete an improvement plan pursuant to this section, and he or she fails to satisfactorily complete the requirements of such improvement plan, the appropriate commission shall automatically issue a "does not meet performance standard" designation on his or her performance evaluation summary.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-111 - [Repealed]

Repealed by 2019 Ch. 374,§5, eff. 5/30/2019.
L. 2017: Entire article R&RE, (HB 17-1303), ch. 1777, p. 1777, § 1, effective August 9. L. 2019: Entire section repealed, (SB 19-187), ch. 3398, p. 3398, § 5, effective May 30.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-112 - Recusal

(1)
A commissioner shall disclose to his or her commission any professional or personal relationship with a justice or judge that may affect an unbiased evaluation of the justice or judge, including involvement with any litigation involving the justice or judge and the commissioner, the commissioner's family, or the commissioner's financial interests. A commission may require, upon a two-thirds vote of the other commissioners, the recusal of one of its commissioners because of a relationship with a justice or judge.
(2)
A justice or judge who is being evaluated by a state or district commission may not recuse himself or herself from a case solely on the basis that an attorney, party, or witness in the case is a commissioner on the evaluating commission.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
This section is similar to former § 13-5.5-106.4 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-113 - Confidentiality

(1)
Except as provided in subsection (3) of this section, all self-evaluations, personal information protected under section
24-72-204(3)(a)(II)
, additional oral or written information, content of any judicial improvement plans, and any matter discussed in executive session is confidential except as otherwise specifically provided by rule. All surveys must allow for the participant's name to remain confidential. Comments in surveys are confidential but may be summarized in aggregate for use in judicial performance evaluation narratives. A commissioner shall not publicly discuss the evaluation of a particular justice or judge.
(2)
Except as provided in subsection (3) of this section, all recommendations and narratives are confidential until released to the public on the first day following the deadline for justices and judges to declare their intent to stand for retention.
(3)
Information required to be kept confidential pursuant to this article 5.5 may be released only under the following circumstances:
(a)
To the supreme court attorney regulation committee, as provided by rule of the state commission;
(b)
To the commission on judicial discipline, as provided by rule of the state commission; or
(c)
With the consent of the justice or judge being evaluated.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.
This section is similar to former § 13-5.5-106.5 as it existed prior to 2017.
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 5.5 - COMMISSIONS ON JUDICIAL PERFORMANCE (§§ 13-5.5-101 — 13-5.5-116) › Section 13-5.5-114 - Reporting requirements - "State Measurement for Accountable, Responsive, and Transparent (SMART)

(1)
The state commission shall gather and maintain statewide data and post a statistical report of the statewide data on its website no later than thirty days prior to each retention election. The report must specify, at a minimum:
(a)
The total number of justices and judges who were eligible to stand for retention and the number who declared their intent to stand for reelection;
(b)
The total number of judicial performance evaluations of justices and judges performed by the state and district commissions;
(c)
The total number of justices and judges who were evaluated but did not stand for retention; and
(d)
The total number of justices and judges who received a "meets performance standard" or "does not meet performance standard" recommendation, respectively.
(2)
Beginning in January 2019, and every two years thereafter, the state commission shall report on the activities of the commissioners to the joint judiciary committee of the general assembly as part of its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation required by section
2-7-203
.
Entire article repealed and reenacted with amendments by 2017 Ch. 331,§ 1, eff. 8/9/2017.