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Opinion: Approving Amendment H is a Crucial Move for Judicial Discipline Reform in Colorado

Colorado’s Judicial System: A Call for Reform with Amendment H

As Colorado voters prepare to cast their ballots, a significant proposal is on the horizon that could reshape the state’s judicial discipline process. Amendment H, which aims to enhance the fairness, independence, and transparency of judicial oversight, has garnered strong support from legal experts and civic leaders alike. With Colorado’s judicial system already recognized as one of the best in the nation, this amendment seeks to build on that foundation and address some pressing challenges.

In the 1960s, Colorado voters made a pivotal decision to embed reforms into the state constitution, establishing a nonpartisan and nonpolitical selection process for judges. This system relies on volunteer commissions composed of both lawyers and laypeople who meticulously review judicial applications and evaluate judges’ performance. Once appointed, judges face retention votes, allowing the public to have the final say on their continued service.

However, as with any institution, Colorado’s courts are not immune to challenges. The pressures of population growth, the complexities of modern law, and the lingering effects of the pandemic have placed unprecedented strains on the judicial system. High-profile cases and allegations of misconduct have prompted the General Assembly to scrutinize the judicial discipline process, leading to a series of hearings and subsequent reforms aimed at enhancing its integrity.

Amendment H represents a critical step forward in this ongoing effort. It proposes two major changes to the current system. First, it seeks to transfer the power of imposing disciplinary actions from the Colorado Supreme Court to an independent board composed of 12 civilians, lawyers, and judges. This shift aims to eliminate any potential conflicts of interest and ensure that disciplinary decisions are made by a diverse group rather than being heavily influenced by the Supreme Court.

The second significant change proposed by Amendment H is the enhancement of transparency in the judicial discipline process. Currently, most cases of judicial misconduct are kept confidential, only becoming public under specific circumstances. By allowing more information to be shared earlier, the amendment aims to foster greater public trust in the judicial system.

The bipartisan support for Amendment H in the legislature underscores its importance. With backing from leading legal and civic organizations across the state, the amendment is poised to make Colorado’s judicial system even more robust and accountable.

As we approach the election, it is crucial for Coloradans to understand the implications of Amendment H. By voting "yes," they will be supporting a reform that not only strengthens the integrity of the judicial process but also enhances public confidence in the system. The proposed changes promise to create a more independent and transparent judicial discipline process, ensuring that Colorado’s courts continue to uphold the highest standards of justice.

In a time when trust in institutions is paramount, Amendment H offers a pathway to reinforce the values of fairness and accountability within Colorado’s judicial system. As chair and vice chair of the Colorado Commission on Judicial Discipline, we urge voters to consider the importance of this amendment and join us in supporting a brighter future for Colorado’s judiciary.

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