Colorado § 13-5.3-101 - Definitions.

§ 13-5.3-101. Definitions.

As used in this article 5.3, unless the context otherwise requires:

(1) "Attorney" means a person admitted to practice law before the courts of this state.

(2) "Code" means the Colorado code of judicial conduct.

(3) "Commission" means the commission on judicial discipline, established pursuant to section 23 (3) of article VI of the Colorado constitution.

(4) "Commissioner" means an appointed member of the commission on judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution.

(5) "Complaint" means information in any form from any source that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated.

(6) "Department" means the Colorado state judicial department and all its subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts.

(7) "Executive director" means the executive director of the office of judicial discipline appointed pursuant to section 13-5.3-103.

(8) "Fund" means the commission on judicial discipline special cash fund, created in section 13-5.3-104.

(9) (a) "Judge" means any justice or judge of any court of record of this state serving on a full-time, part-time, or senior basis.

(b) "Judge" also includes any justice or judge who has retired within the jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court.

(c) "Judge" does not include municipal judges or magistrates, administrative law judges, or Denver county court judges, who are subject to different disciplinary authorities.

(9.5) "Judicial discipline adjudicative board" means the judicial discipline adjudicative board created pursuant to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary proceedings.

(10) "Justice" means a justice serving on the supreme court of Colorado on either a full-time or senior basis.

(11) "Misconduct" means conduct by a judge that may reasonably constitute grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution.

(12) "Office" means the office of judicial discipline established in section 13-5.3-103.

(13) "Office of the state court administrator" means the office created pursuant to section 13-3-101 (1).

(13.5) "Panel" means a three-member panel of the judicial discipline adjudicative board consisting of one judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to hear an appeal of an order of informal remedial action.

(14) "Rules" means the Colorado rules of judicial discipline.

(15) "Supreme court" means the supreme court of the state of Colorado established pursuant to article VI of the Colorado constitution.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1345, § 2, effective May 20. L. 2023: (9.5) and (13.5) added, (HB 23-1019), ch. 366, p. 2198, § 1, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that subsections (9.5) and (13.5) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.