Colorado

Civil Procedure

Civil Procedure

Rule 13 – Preliminary Proceedings

(a)Evaluation of the Request. The executive director or one or more members of the Commission, upon receipt and without undue delay, shall evaluate each request to determine whether the it alleges sufficient grounds for the Commission to consider disciplinary or disability proceedings. The evaluation may include a preliminary review of documentation, including court records.
(b)Complaint. If the members of the Commission, based on an evaluation of the request, conclude that there is a reasonable basis for disciplinary or disability proceedings, the Commission shall process the request as a complaint under these Rules.
(c)Absence of a Reasonable Basis for a Complaint. The executive director or members of the Commission shall close the matter without further consideration, if:

(1) The request does not allege sufficient grounds for disciplinary or disability proceedings;
(2) The request disputes a Judge’s rulings on motions, evidence, procedure, or sentencing; a Judge’s findings of fact and conclusions of law; or other matters that are within the jurisdiction of the trial or appellate courts, to resolve, without providing grounds for disciplinary or disability proceedings;
(3) The allegations are frivolous; or
(4) The allegations involve subject matter that is not within the jurisdiction of the Commission.
(c) Preliminary Evaluation. If the review does not result in dismissal of the complaint, the executive director, a member of the Commission, the Commission staff, or an investigator shall conduct a preliminary evaluation of the allegations for consideration by the Commission. A Judge need not be notified of a preliminary evaluation.
(d) Reply to the Request. The executive director or a member of the Commission shall provide a written explanation to the complainant of the results of its evaluation.
(e)Reports from Other Offices. In its evaluation and any subsequent proceedings, the Commission may consider relevant information contained in (1) a report of an investigation by the SCAO regarding the conduct of a Judge and/or other employees of the judicial branch or (2) a report by Attorney Regulation regarding (i) the misconduct of an attorney who has been appointed as a Judge or (ii) attorney misconduct that involves a Judge.
(f)Complaints initiated by the Commission. The Commission on its own motion, based on information it deems reliable, may determine that there is a reasonable basis on which to initiate a complaint. The Commission shall process such a complaint in the same manner as other complaints.

C.R.C.P. 13

Amended and Adopted by the Court, En Banc, April 20, 2017, effective July 1, 2017.