Colorado

Civil Procedure

Civil Procedure

Rule 5 – Grounds for Discipline

(a) In General. Grounds for judicial discipline shall include:

(1) Willful misconduct in office, including misconduct which, although not related to judicial duties, brings the judicial office into disrepute or is prejudicial to the administration of justice;
(2) Willful or persistent failure to perform judicial duties, including incompetent performance of judicial duties;
(3) Intemperance, including extreme or immoderate personal conduct; recurring loss of temper or control; abuse of alcohol, prescription drugs, or other legal substances; or the use of illegal or non-prescribed narcotic or mind-altering drugs; or
(4) Any conduct that constitutes a violation of the Code.
(b) Failure to Cooperate During Proceedings. A Judge’s failure to cooperate with the Commission during the investigation or consideration of a complaint may be grounds for discipline.
(c) Failure to Comply with a Commission Order. A Judge’s failure or refusal to comply with an order issued under these Rules during disciplinary proceedings or with a disciplinary order resulting from such proceedings may be (i) grounds for initial or supplemental disciplinary measures or (ii) probable cause to proceed with formal proceedings.
(d) Contempt Proceedings not Precluded. Determinations by the Commission under sections (b) and (c) of this Rule are in addition to and do not preclude contempt proceedings under Rule 4(e).
(e) Misconduct Distinguished from Disputed Rulings. A dispute regarding 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 underwithin the jurisdiction of the trial or appellate courts to resolve shall not provide a basis for disciplinary proceedings, unless the Judge’s conduct in presiding over the case involves one or more of the grounds provided in this Rule.

C.R.C.P. 5

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

Annotation Delay by district court judge in issuing a decision constituted a willful or persistent failure to perform judicial duty in violation of paragraph (a)(2). In re Jones, 728 P.2d 311 (Colo. 1986).