Posted by
NOTLEGALROADKILLYET on Saturday, December 30, 2006 10:33:38 PM
This isn't intended as legal advice, but practical things to consider before someone makes an ethics complaint against a Colorado Judge. Even so, I think there enough problems with the system that anyone seriously considering making an ethics complaint against a Colorado Judge or Justice needs to understand our secret system and see a lawyer before taking ANY action.
The body charged with judicial discipline is the Colorado Commission on Judicial Discipline. Dr. Richard A. Wehmhoefer is its point of contact.
Can you trust the Commission on Judicial Discipline to treat you and your complaint fairly? It is my view that the answer can be found in part on the Commission's own web page, which is, in my opinion, unethically short on information you should have.
1. Creation and Secrecy? Does it say that it was created by the Colorado Constitution and provide the section number? Does it say that once you make a complaint you may not discuss the fact that you complained or the outcome of the complaint with anyone but your lawyer? Does it say that as a condition of the Commission accepting a complaint, it forces you put the complaint on a form agreeing to these secrecy restraints? Does it tell you that if you have a complaint about a judge taking more than 3 months to make a ruling, you can ask the commission to withhold 3 months pay from the judge, but for that to happen, you must make the request in writing (CRS 13-5-136). This is a common occurrence, so you might expect that many judges had lost pay, but I think you would be wrong?
2. Reports: Does it provide a link to its annual report? Does it tell you that while it is difficult for you to get a copy of its annual report, an electronic copy is made available to every lawyer in Colorado every June, printed in the Colorado Lawyer? Does it tell you that the number of judges who have been disciplined beyond a private letter of reprimand in this century is minuscule, perhaps none?
3. Issues it finds too hot to handle: Does it mention that it has no interest in disciplining a judge who fails to refer an attorney for attorney misconduct, no matter how gross the misconduct or how long it lasts. Does it mention that it has no interest in disciplining judges who tolerate perjury in their courtrooms?
4.. Retribution: Does the commission web page explain that it is powerless to protect you from judicial retribution by other judges if it becomes known to them that you made a complaint? Does it explain that the most subtle form of judicial retribution is through biased rulings, and that the commission has absolutely no power to examine the rulings of a judge for bias? Does it explain that the second most effective way for a judge to exact retribution is by failing to rule on your motions, and that until you drop the lawsuit, you can file a complaint under CRS 13-5-136, but it won't be acted on for years or decades, though they expect you to keep that fact secret? Does it mention that it is powerless to prevent a disciplined judge (or even one who was the subject of a complaint) from informing his peers of the complaint?
5. Makeup and voting: Does it tell you that the Commission's makeup makes it predisposed not to punish a judge, no matter how serious the complaint (There but for the grace of God go I, sayeth a member who happens to be a judge)?
6. Retribution against lawyers: Does it tell you about the experiences of DA Carol Chambers who, after making a complaint against an Arapahoe County judge (or judges) found herself fighting for her professional life in an Attorney Regulation courtroom with members of the Arapahoe County bench rooting against her? Does it tell you how it will prevent this from happening again, or happening to any attorney you select to represent and assist you?
7. What assurances does that web page provide that the Commission itself will not alert a judge that a complaint is coming while it waits for you to fill out its forms?
8. What assurances does that web page provide that the entire system is not an unethical sham, intended to soak up complaints and shroud them in constitutionally required secrecy.
Again, this isn't legal advice. My best advice is to see a lawyer if you have problems with a Colorado Judge.
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Note to Dr. Wehmhoefer: One of the great disadvantages of running an organization that operates in secrecy is that it allows folks like me to speculate about your policies and outcomes. If I have missed the mark in any of my speculations, feel free to contact me and I will fix this essay. This essay will be around for a while, and should show up when people google your Commission, so it is in your interest that it be as correct as possible.
It really would be helpful if your annual reports were not so hard to get. And, yes, I do consider your web page to be unethically sparse, although I note that since I started writing about it, you now mention the Colorado Constitution. Serious people at least know where to look for potential problems. Good Job!