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Colorado's Judicial Accountability System Receives D+ on National Report Card
Watchdog Group Says Reform is Needed to Hold Judges' Feet to the Fire
June 16, 2008

Contact: Rachel Decker, Media Coordinator, HALT
rdecker@halt.org or 202-887-8255

Washington, DC— Today, the nation's first comprehensive study of the systems that hold state and federal judges accountable ranked Colorado 38th in the nation and issued the state's program a D+ grade. To shine a light on the typically secretive and toothless systems that often fail to remove abusive and incompetent judges from the bench, legal consumer watchdog group HALT, Inc. released its 2008 Judicial Accountability Report Card, analyzing programs in all 50 states, D.C. and the federal circuits.

"Colorado's system of judicial oversight is one of the most secretive in the nation," stated HALT Senior Counsel Suzanne M. Blonder.

HALT's study found that Colorado rules allow some dysfunctional judges to be sanctioned with private admonition, and in these circumstances the public never learns of the judge's history of misconduct. And unlike policies in most states that allow citizens to speak freely about their ethics complaints against judges, Colorado rules have been interpreted to require that complainants not publicly disclose the existence of a disciplinary proceeding against a particular judge.

"The vast majority of states have abolished these sorts of 'gag' rules," stated Blonder. "Colorado's restrictions not only violate citizens' right to free speech, they also keep the general public in the dark about whether the system of judicial oversight is operating effectively."

Colorado also received low marks because the Web site for the state's Judicial Discipline Commission fails to provide a clear explanation of the discipline process and lacks numerous critical resources, including a downloadable complaint form, a database of past disciplinary decisions and a link to the procedural rules.

Additionally, the state fails to place meaningful limitations on the reimbursement and compensation that judges may accept in connection with corporate and special interest funded trips. "Colorado's laws unfortunately include massive loopholes that still allow members of the judiciary to be wined and dined on the corporate dime," noted Blonder.

None of the top five states-Washington, Connecticut, Pennsylvania, Arizona and California-scored higher than a B average on HALT's Report Card. More than half of the states received grades in the C range and HALT issued D's to 14 jurisdictions. Two states-Maine and Mississippi-flunked outright.

"At a time when the American public has lost faith in the impartiality and fairness of the nation's judiciary, it's critical that we have an effective system of oversight for judges," stated Blonder. "We hope that Colorado's chief judicial officers will work to transform a mechanism marred by secrecy into a system dedicated to upholding the integrity of the judiciary."

Information about the Judicial Accountability Report Card, including Colorado's Report Card and a detailed grading scale, can be found at www.halt.org. Founded in 1978, HALT, Inc. is a nonpartisan, nonprofit public interest group that challenges the legal establishment to increase accountability in the civil justice system.