Amendment H is on the ballot in Colorado as a result of a scandal involving the state's highest court
Among the ballot measures Colorado voters are considering on Election Day is one that may seem like it's a no-brainer. It is Amendment H, which deals with judicial discipline. Supporters say it will pull back the veil of secrecy in the judiciary.
Amendment H is on the ballot as a result of a scandal that exposed a lack of transparency and accountability in Colorado's judicial disciplinary system.
Beginning in 2019, Denver Post reporter David Migoya about the state supreme court's involvement in a widespread scheme to cover up judicial misconduct. Former Chief Justice Nathan Coats was censured and resigned. Investigators accused other justices of obstruction, retaliation and intimidation. In the wake of the scandal, the legislature referred Amendment H to the ballot with the goal of changing the system that allows state and county judges to largely police themselves.
Under current law, the Commission on Judicial Discipline, made up of judges, attorneys and civilians, handles complaints involving judges. It meets in secret and there are no public records of its findings. Hearings held by the committee are closed to the public and most judges who are found guilty are privately censured. Only a handful of cases that get referred to the Colorado Supreme Court for sanctions become public. Of 344 complaints that were filed last year, only three got to that point. Over the last 40 years, it has only happened 12 times.
With Amendment H, the Commission on Judicial Discipline would still meet privately when there are complaints and the commission could still privately censure judges. But if formal proceedings were needed, the case would be brought to a different commission and an adjudicative board would hold those hearings in public and the discipline information would be made public. The Colorado Supreme Court would still hear appeals and appoint people who set rules and set the judges who sit on the board. The governor would appoint the other members -- attorneys and civilians would make up the majority of the board.
The Colorado legislature almost unanimously voted to put the measure on the ballot.
Not everyone supports Amendment H, however. A group called the Judicial Integrity Project says less than 1% of complaints will make it to the public hearing stage. The Commission on Judicial Discipline deals with hundreds of complaints each year, and over the last 30 years, it dismissed them or agreed on private sanctions 99% of the time. Amendment H doesn't do anything to change that.
