Filing A Complaint

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Filing A Judicial Officer Complaint

Scope of Commission Authority

The Denver County Court Judicial Discipline Commission has authority to review the conduct of a Judge or, if requested by the Presiding Judge, a Magistrate of the County Court of the City and County of Denver. However, it is not a court of law and cannot review the legal or factual aspects of a Judge’s or Magistrate’s decision. The validity of a Judge’s or Magistrate’s decision can only be challenged through the appellate process. If you wish to file an appeal, you should do so without waiting to hear from the Commission. The filing of a complaint with the Commission does not extend the time to file an appeal. Furthermore, a pending complaint has no effect on any sentence, fines, fees or costs assessed by the court.

Requirement of Confidentiality

The Denver Charter mandates this to be confidential process. Therefore, all complaints, related attachments, and the proceedings shall be privileged and confidential. A complaint will not be disclosed to the Judge or Magistrate unless a formal investigation is commenced.

Judicial Discipline Commission

Download the full Denver Rules of Judicial Discipline, Revised and adopted on November 6 2024, Effective as of November 16, 2024: Download Accessible PDF

Commissioners

• Jason Anderson – Commission Member
• Honorable Judge Karen Brody – Commission Member
• Nolbert Chavez – Commission Member
• Chrissy Faraci – Commission Member
• Honorable Judge Jay Grant – Commission Member
• Aaron Hyatt – Commission Member
• Honorable Presiding Judge Kerri Lombardi – Ex Officio
• Linda Weinerman – Commission Member

Preamble

In 1902, the City and County of Denver consolidated into a single municipality, forming a unified governing body that manages both local and state affairs. It operates independently within Colorado as a separate governing entity, empowered by the Colorado Constitution and the Denver Charter to adopt its own ordinances and rules. This authority provides the City and County of Denver with a level of self-governance, allowing it to function with relative autonomy from the state.

In 1962, Colorado voters approved a Constitutional Amendment that created the Denver County Court (the “DCC”), which began operations in 1965. The state recognized the need for a court uniquely designed to adjudicate both municipal and state laws within the consolidated City and County of Denver. This dual jurisdiction required a tailored judicial structure, and the DCC was established to meet this need. Unlike other courts in Colorado, the DCC operates independently of the state and relies entirely on taxes collected by the City and County of Denver for funding, rather than receiving state funds.

In 1966, Colorado replaced partisan judicial elections with a merit-based selection process. To implement merit selection at the DCC, the City and County of Denver created a Judicial Nomination Commission (the “JNC”) under § 4.1.4 of the Denver Charter. The JNC evaluates judicial candidates and submits recommendations to the Mayor of the City and County of Denver, who makes the final appointments.

The Colorado Constitution, the Denver Charter, and the City and County of Denver collectively establish the DCC’s autonomy from state oversight. Consequently, the Colorado Commission on Judicial Discipline, which oversees judicial conduct and disability for other courts, does not have authority over DCC judges. Instead, the City and County of Denver created the DCC Judicial Discipline Commission (the “Commission”), in 1972, under § 4.4.1 of the Denver Charter to oversee judicial discipline for the DCC.

Since its inception, the Commission has functioned as an independent oversight body for the DCC judiciary. The Mayor of the City and County of Denver appoints all voting members of the Commission. Additionally, the Presiding Judge, appointed to that position by the Mayor, serves the Commission as an Ex-Officio, non-voting member. The Commission submits its findings and recommendations to the Mayor, who holds the sole authority to censure, suspend, remove, or retire a judge from office.

The Denver Charter, under § 4.4.2, authorizes the Commission to create and enforce its procedural rules, known as the Denver Rules of Judicial Discipline (the “Rules”). The Commission most recently updated the Rules in 2002. This 2024 revision represents the diligent efforts of Commission members to improve the quality and effectiveness of the Rules. In revising the Rules, the Commission focused on expanding public access, enhancing transparency, and ensuring due process.

The Commission expanded public access to its proceedings by increasing communication with complainants throughout the disciplinary process [Rules 16(d), 20], making records of proceedings and other Commission materials more accessible to the public [Rules 5(f), 8(h)-(i), 36(i), 37(f), 44], and requiring the publication of an annual report that includes summaries of the year’s proceedings [Rule 8(j)].

Transparency of Commission proceedings has been enhanced by codifying many procedures to ensure consistency and clarity in the Commission’s operations [Rules 14, 16, 19, 37, 40, 41, 42, 43]. To reinforce public confidence in the high ethical standards of the Commission, the Rules now provide more specific guidelines for Commission membership and establish a Code of Conduct for members to follow [Rules 3, 4].

The Commission has also enhanced due process in its proceedings to promote impartiality and fairness. To separate investigatory and adjudicative functions, the Commission introduced a neutral panel of Special Masters to oversee formal adjudications and make recommendations [Rules 22, 29, 34, 35, 37(c)]. Evidentiary processes have been expanded and codified to establish clear guidelines and improve consistency [Rules 25, 27, 28, 32]. The Rules also increase information-sharing capabilities with individuals and agencies responsible for monitoring judicial conduct, as well as those who can assist in the decision-making process [Rules 8(c)(6), 16(e), 19(b)(5), 36(e)(1)]. Finally, the Rules expand procedural rights for judges, including the right to counsel and protections for mental and physical disabilities that may impact their conduct [Rules 11, 16(c), 17, 18, 36, 38(b)].

The 2024 revisions of the Denver Rules of Judicial Discipline mark a significant
milestone in the Commission’s commitment to high ethical standards, accountability, fairness,
and public trust in the Denver County Court. The Commission continues its work ensuring that Denver County Court judges and magistrates serve the public honorably and uphold the highest standards of justice.

Instructions

You must provide all relevant information on the form below.

The “General Allegations” are the legal grounds for the Commission’s investigation. Check the applicable box or boxes under this section that relate to your complaint. The allegations are explained below:

• Willful misconduct in office is an intentional act by a Judge or Magistrate that brings the judicial office into disrepute or that is prejudicial to the administration of justice. It may relate to judicial duties or personal behavior.
• Willful or persistent failure to perform judicial duties may include the incompetent performance of judicial duties.
• Intemperance includes extreme or immoderate personal conduct, recurring loss of temper or control, abuse of alcohol, or the use of illegal narcotics or dangerous drugs.
• A violation of the Colorado Code of Judicial Conduct includes discourtesy, delay in decision-making, prejudice, conflicts of interest, and inappropriate political activities.
• A disability interfering with the performance of judicial duties refers to a physical or mental condition that is or is likely to become permanent.

Your “Statement of Facts” should describe the specific acts or events that caused you to believe the Judge or Magistrate may be guilty of misconduct or have a disability. Make sure you include the date, and the place of this activity, and attach any documents that may support your allegations(s). All correspondence must be marked “CONFIDENTIAL”.
Successful completion of this form will serve as the originating complaint and will be emailed to judicialconduct@denvercountycourt.org

For information about filing your complaint in person please contact the Denver County Court Presiding Judge’s Office:
Denver County Court, Judicial Discipline Commission
Denver City & County Building
1437 Bannock Street, Room 108
Denver, CO 80202
Phone: 720-865-7870