The Commission on Judicial Discipline-Part 2

Most Colorado citizens have no idea how judges are disciplined and are not intended to know.  This essay covers its powers and procedures as defined by Article IV of the Colorado Constitution.  This is the second of four essays.

Section 23 (3) (d) A justice or judge of any court of record of this state, in accordance with the procedure set forth in this subsection (3), may be removed or disciplined for willful misconduct in office, willful or persistent failure to perform his duties, intemperance, or violation of any canon of the Colorado code of judicial conduct, or he may be retired for disability interfering with the performance of his duties which is, or is likely to become, of a permanent character.

Hey, this sounds pretty good.  Ummm, lets see, my judge had three separate canon violations.  He willfully and persistently failed to enforce both his own orders and court rules despite being told more than once that his inaction was allowing the opposing attorney to damage me over a period of years.  He needlessly appointed a special master, failed to supervise him, and then falsely stated in an order that no one had told him the special master wasn't doing his job.  He had been told twice.  He went for two years without issuing an order on a motion despite being told at least twice that his failure was being used as a shield by the defense counsel to wrongfully withhold discovery.  If I make a complaint, this guy is toast, right?

(e) The commission may, after such investigation as it deems necessary, order informal remedial action; order a formal hearing to be held before it concerning the removal, retirement, suspension, censure, reprimand, or other discipline of a justice or a judge; or request the supreme court to appoint three special masters, who shall be justices or judges of courts of record, to hear and take evidence in any such matter and to report thereon to the commission. After a formal hearing or after considering the record and report of the masters, if the commission finds good cause therefor, it may take informal remedial action, or it may recommend to the supreme court the removal, retirement, suspension, censure, reprimand, or discipline, as the case may be, of the justice or judge. The commission may also recommend that the costs of its investigation and hearing be assessed against such justice or judge. 

It turns out that this commission is totally powerless as indicated by the underlined phrase.  Except for judges who are too ill to continue service, it can do nothing except make a recommendation to the State Supreme Court.  The Supreme Court may accept or reject the commission's recommendations at its whim.  Also, the Supreme Court may remove a judge without going through the Commission.