Colorado’s judicial system is one of the best in the country. Colorado voters wisely inserted the state constitution a series of reforms in the 1960s, including commissions that guide the nonpartisan, nonpolitical selection and review of our state Supreme Court and appellate, district, and county judges.

These committees are made up of volunteers, lawyers and non-lawyers who review judicial applications in the selection process and judges’ performance evaluations in the evaluation process. Once a judge is in office, voters have the final say on whether or not to retain judges who are up for retention.

A third, and critical, part of this process is a system of judicial discipline that evaluates any allegation that a judge has engaged in misconduct. It also relies on a volunteer commission made up of citizens, lawyers and judges. They evaluate allegations and impose private discipline when warranted and recommend public discipline in more serious cases, which the Colorado Supreme Court ultimately imposes or rejects.

As president and vice president of Colorado Commission on Judicial Disciplinewe’ve had front-row seats to some of the challenges our courts and judges have faced in recent years. Our experiences and our strong belief in the wisdom of our Colorado judicial system are the foundations of our strong support for Amendment Hthat voters across the state will see on their ballots.

Like every institution in the country, our courts face challenges. Population growth, the pandemic, the increasing complexity of laws and regulations, strained budgets and more are putting increasing pressure on our courts and the staff and judges who work there.

High profile cases and allegations of wrongdoing at the Colorado Supreme Court directed the General Assembly to conduct a series of hearings in the judicial discipline process. Much needed updates and reforms were passed with overwhelming bipartisan support and are being implemented to make the judicial discipline process more fair, independent and transparent. A measure, because it seeks to amend the state constitution, requires voter approval, and we urge Coloradans to vote yes on Amendment H.

Amendment H makes two significant changes to the current system. Combined with shares the legislature has already takenAmendment H will help improve our current system of judicial discipline.

The commission is currently investigating evidence of alleged violations by judges canons of judicial conductand may impose private discipline if a violation is found. If the commission believes that more severe sanctions are warranted, it recommends public discipline. At that point, the state Supreme Court appoints “special masters” to review the case and recommend discipline or dismissal, which is then imposed by the Supreme Court.

Amendment H removes that power from the Supreme Court and puts it in the hands of an independent board of 12 civilians, lawyers and judges to conduct formal hearings on judicial misconduct and impose disciplinary action, if appropriate. This means that an independent panel will impose discipline, rather than the current system where the Supreme Court has significant influence.

The second major change is that Amendment H would create more transparency by allowing more information to be shared with the public sooner. Currently, most disciplinary cases are confidential unless very specific conditions are met.

In the Legislature, Amendment H was passed with overwhelming bipartisan margins. It has the support of leading legal, civic and judicial organizations in the state. It will make our judicial system better, fairer, more independent and more transparent. We hope you will join us in supporting Amendment H.

Mary (Mindy) Sooter of Boulder is the chair and attorney member of the Colorado Commission on Judicial Discipline.

Jim Carpenter of Englewood is vice chair and citizen member of the Colorado Commission on Judicial Discipline.

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