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Explainer: How are complaints against judges handled in Colorado?

A judge's gavel lies next to a printed scroll of the U.S. Constitution

Q: Who handles complaints against judges in Colorado?

A: In Colorado, several different commissions handle complaints against judges depending on the jurisdiction:

  • The Colorado Commission on Judicial Discipline oversees complaints about supreme court justices, court of appeals judges, district court judges, and county court judges in all counties except Denver.
  • The Denver County Court Judicial Discipline Commission handles complaints about Denver County Court judges and magistrates.
  • The Office of Attorney Regulation Counsel handles complaints about municipal judges, administrative law judges, and magistrates in all locations except Denver.

Q: What types of complaints can be filed against a judge?

A: A complaint can be filed against a judge for intentional misconduct, repeatedly failing to do their job, inappropriate behavior, or breaking the Code of Judicial Conduct. 

Generally, complaints can’t be filed just because of disagreement with a judge's decisions in a court case. Instead, those decisions must be challenged by filing an appeal to a higher court, and that is a different process.

Q: Who can file a complaint against a judge?

A: Anyone can file a complaint against a judge.

Q: How are complaints filed and handled?

A: Complaints against a judge must be submitted to the commission in writing and clearly describe the alleged misconduct. The commission investigates credible allegations of misconduct, and typically dismisses those that are groundless, frivolous, or outside the commission’s jurisdiction such as complaints about a judge's decisions in a court case.

If the commission finds that misconduct occurred, it refers the matter to an independent Judicial Discipline Adjudicative Board, which holds a hearing. A Board panel made up of a judge, a lawyer, and a citizen conducts this hearing and acts as the "court," with legal procedures including due process safeguards for the judge accused of misconduct. The Board panel hears the evidence and arguments from both sides, and determines if the misconduct allegations against the judge are substantiated or not. If substantiated, the Board panel also determines the appropriate disciplinary action including public reprimand, censure, suspension, or removal. If the complaint involves criminal behavior, the Board panel can refer it to law enforcement.

A judge who faces discipline has the right to appeal the Board panel's decision.

To promote transparency, these hearings are open to the public once the case is forwarded for a hearing. 

Q: What is the independent Judicial Discipline Adjudicative Board?

A: This Board, separate and independent from the Commission on Judicial Discipline, was set up with the passage of Amendment H, approved by Colorado voters in November 2024. The Board has twelve members: four district court judges, four attorneys, and four citizens chosen by the Colorado Supreme Court and the Governor with Senate confirmation. The 3-person Board panels that conduct judicial discipline hearings are randomly selected from this pool of judges, attorneys, and citizens.

Q: What is Amendment H?

A: Amendment H is an amendment to Colorado's constitution that was approved by voters in November 2024. This amendment reforms Colorado's judicial discipline process in three areas: (1) it eliminates the dominant role of the Colorado Supreme Court; (2) it creates a separate review process when there are misconduct allegations against a Colorado Supreme Court Justice; and (3) it makes hearings open to the public. These reforms were undertaken after extensive legislative review and public input. 

For more information about the judicial discipline commissions, or to volunteer to serve on one, visit these websites:

Read more CJI explainers.

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