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. (2)

   1. (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.

   2. (b)

      1. (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.

      2. (II)

         1. (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.
         2. (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.
         3. (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. (3) The commission shall:

   1. (a) Investigate and resolve requests for evaluation of potential judicial misconduct in accordance with the Colorado constitution, the rules, and this article 5.3;
   2. (b) Appoint an executive director of the office of judicial discipline;
   3. (c) Establish positions, roles, and minimum starting salaries for employees of the office;
   4. (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.
   5. (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
   6. (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. (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.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, § 2, effective May 20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, § 2, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that amendments to subsection (2) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.