Colorado § 13-5.3-105 - Information-sharing with judicial oversight entities - legislative declaration.

§ 13-5.3-105. Information-sharing with judicial oversight entities - legislative declaration.

(1) The general assembly finds and declares that:

(a) Several entities within the department share a role in the oversight of the judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as "judicial oversight entities"; and

(b) In order for the commission and the judicial oversight entities to properly perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality.

(2) When requested by a judicial oversight entity, the commission may provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules.

(3) (a) When a judicial oversight entity receives information indicating or alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality.

(b) A provision in a contract, including in a nondisclosure agreement, entered into after August 7, 2023, that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1350, § 2, effective May 20. L. 2023: (3) amended, (HB 23-1019), ch. 366, p. 2199, § 3, effective August 7.

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