In this C.R.C.P. 106 proceeding, petitioner, Joseph W. Higgins, appearing pro se, appeals from a district court judgment dismissing his complaint. We affirm.
Petitioner filed a complaint with the Commission on Judicial Discipline (Commission) alleging judicial misconduct by a trial court judge in imposing a sentence on petitioner without a trial or an admission of guilt. The Commission dismissed the complaint conelud-ing that the propriety of the sentence was an appellate issue over which the Commission had no authority. See C.R.J.D. 18; In re Marriage of Mann,
Seeking an order to compel the Governor and the Executive Director of the Commission to conduct an investigation of the sentencing judge, petitioner initiated this action pursuant to C.R.C.P. 106(a)(2) and 106(a)(4) in the District Court for the City and County of Denver. The district court dismissed the action on the grounds that (1) the petitioner had not shown a clear right to the relief sought as required under C.R.C.P. 106(a)(@2) and, (2) the C.R.C.P. 106(a)(4) claim was not timely filed. See C.R.C.P. 106(b).
Article VI, § 23 of the Colorado Constitution entrusts matters of judicial discipline to the supreme court, the Commission, and to special masters appointed by the supreme court, The supreme court, however, is the ultimate decision-maker in judicial disciplinary proceedings. Colo. Const. art. VI, § 28(f); C.R.J.D. 40.
Article VI, $ 9 of the Colorado Constitution provides that "[the district courts shall be trial courts of record with general jurisdiction, and shall have original jurisdiction in all civil, probate, and criminal cases, except as otherwise provided herein, and shall have such appellate jurisdiction as may be prescribed by law." In Colorado Supreme Court Grievance Committee v. District Court,
Like attorney disciplinary proceedings, Judicial disciplinary proceedings are sw generis. In re Larsen,
The judgment is affirmed.
