H_JUD_2023A 03/15/2023 02:06:34 PM Committee Summary

The committee was called to order. A quorum was present. Representatives Weissman and Lynch, prime sponsors, presented House Concurrent Resolution 23-1001, concerning submitting to the registered electors of the state of Colorado an amendment to the Colorado Constitution concerning judicial discipline, and, in connection therewith, eestablishing an independen judicial discipline adjudicative board, setting standards for judicial review of a discipline case, and clarifying when discipline proceedings become public. Representative Weissman explained the effect of the bill and discussed its need. Representative Lynch provided additional input on the bill and its merits.  Committee members received a packet of information on the bill from Representative Weissman (Attachment A), a letter of input from the Colorado Commission on Judicial Discpline (Attachment B), and a fact sheet from the Colorado Commission on Judicial Discipline (Attachment C).

Mr. Chris Forsyth, representing The Judicial Integrity Project, testified in opposition to the bill. Terry Scanlon, representing Judicial Department, testified in support of the bill. Elizabeth Newman, representing the Colorado Coalition Against Sexual Assault, testified from a neutral position on the bill. Ms. Newman responded to questions regarding her organization's position on HCR 23-1001.

Alison Connaughty, representing Colorado Women's Bar Association, testified in support of the bill. Ariana Busby, representing Colorado Women's Bar Association, testified in support of the bill. Ms. MJ Coleman Jackson, representing herself, testified in support of the bill. Ms. Connaughty responded to questions regarding the Colorado Women's Bar's position on the three bills before the committee. Ms. Busby responded to questions regarding whether HCR 23-1001 goes far enough.

Elizabeth Espinosa Krupa, representing the Colorado Commission on Judicial Discipline, testified in support of HCR 23-1001. David Prince, representing the Colorado Commission on Judicial Discipline, made himself available to answer questions. Jessica Yates, representing the Colorado Commission on Judicial Discipline, introduced herself and made herself available to answer questions. She explained that her position on the three measures before the committee is neutral.

Megan Augustine, representing herself, testified in opposition to HCR 23-1001. Ms. Augustine responded to questions regarding her basis for opposing the measure.

Representative Weissman explained the effect of amendment L.001 (Attachment D).

Representatives Lynch and Weissman provided closing remarks in support of HCR 23-1001.

Representatives Weissman and Lynch, prime sponsors, presented House Bill 23-1019, concerning judicial discipline, and, in connection therewith, ensuring complainant rights in judicial discipline proceedings. Representative Weissman explained the effect of the bill and discussed its need. Representative Weissman also explained the effect of forthcoming amendments L.001 (Attachment E) and L.002 (Attachment F).

Terry Scanlon, representing the Judicial Department, testified in support of the bill. Ms. MJ Coleman Jackson, representing herself, testified in support of the bill. Mr. Chris Forsyth, representing The Judicial Integrity Project, testified in opposition to the bill.

Hon. David Prince, representing the Colorado Commission on Judicial Discipline, testified on HB 23-1019 from an "amend" position. Dr. Malia Reddick, representing the Office of Respondent Parents' Counsel, testified in support of the bill. Ariana Busby, representing Colorado Women's Bar Association, testified in support of the bill. Alison Connaughty, representing Colorado Women's Bar Association, testified in support of the bill.

Representative Weissman provided additional comments on amendment L.001. Representative Epps discussed the merits of the amendment.

Representative Weissman provided additional comments about amendment L.002.

Representatives Lynch and Bacon, prime sponsors, presented House Bill 23-1205, concerning the creation of the Office of The Judicial Discipline Ombudsman. Representative Lynch explained the effect of the bill and discussed its need. He also discussed crafting of the bill. Representative Bacon provided additional input on the merits of the bill.

Mr. Chris Forsyth, representing The Judicial Integrity Project, testified in opposition to the bill.

Ms. Elizabeth Espinosa Krupa, representing Colorado Commission on Judicial Discipline, testified in support of the bill.

Hon. David Prince, representing Colorado Commission on Judicial Discipline, testified in support of the bill. Ms. Espinosa Krupa responded to questions regarding certain judicial misconduct issues within the Judicial Branch, such as retaliation. Judge Prince responded to questions regarding how certain disadvantaged parties might navigate Judicial Discipline Commission proceedings.

Terry Scanlon, representing the Judicial Department, testified on SB 23-1205 from an "amend" position. Ariana Busby, representing Colorado Women's Bar Association, testified on the bill from an "amend" position. Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, was available to answer committee questions, and discussed the importance of creating an ombudsman role. Mr. Scanlon responded to questions regarding potential amendments to the bill proposed by the Judicial Branch, and the independence of the ombudsman role. Mr. Scanlon responded to questions regarding the potential for creating an internal oversight role at the Judicial Branch. Discussion ensued regarding how the ombudsman might handle sensitive matters, such as complaints involving sexual assault or harassment. Mr. Scanlon discussed the Judicial Branch's vision for creating an ombudsman's office.

Melanie Jordan, representing the Office of Respondent Parents' Counsel, testified in support of the bill.

Melissa Thompson, representing Office of Respondent Parents' Counsel, testified in support of the bill.

Representative Bacon explained the effect of amendment L.001 (Attachment G).

Representatives Bacon and Lynch explained the effect of amendment L.002 (Attachment H).

Representatives Lynch and Bacon explained the effect of amendment L.003 (Attachment I). Discussion ensued regarding the effect of the amendment on separation of powers, and the location of the office created by HB 23-1205.

Representatives Bacon and Lynch explained the effect of amendment L.004 (Attachment J). Discussion ensued regarding a requirement in the amendment that certain members of the board created by the bill be in good standing.

Representative Lynch explained the effect of amendment L.005 (Attachment K).

Representative Bacon explained the effect of amendment L.006 (Attachment L).

Representatives Lynch and Bacon explained the effect of amendment L.007 (Attachment M). Discussion ensued regarding the merits of the amendment.

Discussion ensued regarding the merits of amendment L.008 (Attachment N).

Representatives Bacon and Lynch provided closing remarks in support of HB 23-1205. Various committee members provided their positions on the bill.