Colorado

Civil Procedure

Civil Procedure

Rule 2 – Definitions

In these rules, unless the context or subject matter otherwise requires:

(a) The term “Judge” means any justice or judge of any court of record of this state serving on a full time, part-time, senior, or retired basis against whom a complaint has been filed or initiated or who has been convicted of a felony or an offense involving moral turpitude. This definition does not include judges of the county court of the City and County of Denver, whose conduct is monitored and disciplined by the Denver County Court Judicial Discipline Commission; municipal judges; magistrates; or administrative law judges. The conduct of an attorney serving as a municipal judge, magistrate, or administrative law judge is subject to the disciplinary and disability jurisdiction of Attorney Regulation under Colo. RPC 251.1(b).
(b) “Attorney Regulation” means the Office of Attorney Regulation Counsel.
(c) “Chair” means a member elected by the Commission to administer the business of the Commission and preside at all meetings of the Commission, any member appointed to preside at a hearing, or any person designated as “acting chair.”
(d) “Code,” “Canons,” or “Canon Rules” mean the provisions of the Colorado Code of Judicial Conduct as amended.
(e) “Colo. RPC” means the Colorado Rules of Professional Conduct.
(f) “Complaint” means allegations that provide grounds for the Commission to conduct disability or disciplinary proceedings.
(g) “Complainant” means a person who initiates a complaint by requesting an evaluation of judicial conduct.
(h) “C.R.C.P.” means the Colorado Rules of Civil Procedure.
(i)“Disability” means a Judge’s physical or mental condition that adversely affects the Judge’s ability to serve as a judicial officer or to assist with his or her defense in disciplinary proceedings.
(j) “Executive director” means the person appointed by the Commission whose duties and responsibilities are described in Rule 3(d).
(k)“Formal proceedings” means disciplinary proceedings that could result in a recommendation for a public sanction.
(l)“Grounds” means the basis for disciplinary proceedings in Rule 5 or for disability proceedings in Rule 33.5.
(m) “Hearing” means a meeting of the Commission or special masters convened for the purpose of taking evidence or considering legal arguments.
(n)“Informal proceedings” means proceedings that could result in informal remedial action or the appointment of special counsel to advise the Commission regarding other options, including advice on whether there is probable cause to commence formal proceedings.
(o) “Mail” or “mailed” means first-class mail, personal delivery, or delivery by commercial mail service.
(p) “Meeting” means an assembly of the Commission or special masters in person or by conference call or any combination thereof.
(q) “Member” means a member or special member of the Commission.
(r) “Misconduct” means conduct by a Judge that does not comply with the Code or Colo. RJD.
(s) “Notice” means a letter or other writing sent by mail, unless otherwise specified in the Rules, to a Judge at the Judge’s chambers or last known residence, to an address designated by the Judge, or to the Judge’s counsel of record.
(t) “Participant” means a member, special member, the executive director, Commission staff, complainant, Judge, the Judge’s counsel, special counsel, special master, witness, investigator, or any other person who obtains knowledge of a proceeding in the course of an investigation or prosecution by the Commission.
(u) “Party” means the Commission, special counsel, the Judge, or the Judge’s counsel.
(v) “Presenter” means one or more members who are designated by the Commission or by the executive director to evaluate and report on a complaint to the Commission.
(w) “Proceedings” means informal or formal proceedings, including, but not limited to, consideration of a request for evaluation of judicial conduct; the investigation of a complaint; a meeting or hearing of or with the Commission, its staff, special counsel, or special masters; a disciplinary disposition; a disciplinary sanction; a disability disposition; or a communication with respect thereto.
(x)“SCAO” means the Office of the State Court Administrator.
(y)“Request for evaluation of judicial conduct” or “request” means a request by a complainant for the Commission to consider whether there is a reasonable basis for the commencement of disciplinary or disability proceedings.
(z) “Rules” as cited herein means Colo. RJD.
(aa) “Special counsel” means an attorney or attorneys appointed by the Commission to serve as counsel to the Commission on such matters as the Commission may request including, but not limited to, the investigation or disposition of a complaint, a motion for temporary suspension of a Judge under Rule 34, and the prosecution of a complaint in formal proceedings
(bb) “Special master” means a person appointed by the Supreme Court to preside over hearings.
(cc) “Special members” are persons appointed by the Commission to serve as alternates to members.
(dd) “Supreme Court” or “Court” means the Colorado Supreme Court.

C.R.C.P. 2

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