Judge Robert A. Rand Judge Rand's story is similar to others like Judges Woods, Chase, and Kiesnowski. His misbehavior was well known but accepted by the Judicial Department for years. Like the other judges with long histories of misbehavior, in his last evaluation, the Judicial Performance Commission recommended that voters retain Judge Rand. To Story To Story To Story To Story To Story To Story To Story Recommended for retention by the voters To Evaluation

Cases & Controversies Finding: Sexual Harasser Sexual Assault Colorado's merit selection system has faced a series of public controversies and scandals surrounding its operation. Some have questioned the system's ability to cope with allegations of judicial misconduct, obstruction, and undue influence. Most cases remain wrapped in secrecy, but a limited number of examples make it into the public discussion. Here are some of those. These provide insights and generate questions that could be useful to anyone concerned with assuring Colorado's judicial system is free from misconduct and corruption. This collection of "cases and controversies" is presented to illustrate how Colorado's system of judicial selection, retention, and discipline operates. Masias Contract Affair Tim Masters Incident Unknown Judge Judge Grant Sullivan Unidentified Judges Judge Natalie Chase Judge Ross Buchanan Judge Mark Thompson Judge Ryan Kamada Judge John Scipione Judge Debra Gunkel Judge Robert A. Rand Judge Brett Woods Judge Robert Kiesnowski Judge Jonathan Walker Judge Anne Woods Unnamed Judge - Private Discipline Judge Andrew Armatas Justices of Colo. Sup. Court Justices Gabriel & Hart Justice Richard Gabriel Judge Laurie Booras Chief Justice Brian Boatright Judge Peter Michaelson Judge Lance Timbreza

Judge Kiesnowski's case is similar to Judges Woods and Scipione. The Judge engaged in long-term harassment of an employee and enjoyed the protection of the judiciary for years. Despite these years of harassing an underling, in his last evaluation, the Judicial Performance Commission recommended that voters retain Judge Kiesnowski. To Story To Story To Story To Evaluation

"Members of the Colorado Supreme Court, directly and through its senior staff, made a series of decisions and took ... actions throughout 2021 and 2022 that limited the ability of the commission ... to do its constitutionally mandated work." To Story For an in-depth analysis of how the Colorado Supreme Court responded to revelations of scandal, look at judicial coverups as documented in "Preparing for the Next Scandal: Valuable Insights from the 2019-2023 Judicial Corruption Scandal." Preparing for the Next Scandal - Valuable insights from the 2019-2023 Judicial Corruption Scandal To Story To Story To Story "What can you do with a redacted report? It was a setup from the start." To Story To Story February 2021 "we need to ensure that any allegation of wrongdoing is fully investigated and if wrongdoing is found, that there is full accountability regardless of anyone's position." - Chief Justice Brian Boatright, 2/4/2021 August 2022 To Story Feb. 2021 "Today, we met as a court and viewed the memo for the first time ." - Colorado Supreme Court 2/8/2021 June 2022 To Story "The memo itself was secret for almost two years, until ... Ryan blew the whistle" To Story In 2020, the State Auditor found an "appearance of impropriety" in contracting with Masias. To Story It did so without the now infamous Memo, withheld from the Auditor until 2021 February 2021 "nobody wants these investigations to go forward more than I do ... My promise ... to all of Colorado ... We're going to get this right." - Chief Justice Brian Boatright 2/16/2021 To Story August 2022 Feb. 2021 "we are retaining the services of an outside investigator to conduct an independent review of all of the allegations mentioned in the memo ." - Colo. Supreme Court 2/8/2021 July 2022 "[Memo Item 5] 'Current pending EEOC complaint against two justice [of the supreme court]' [Judiciary's Investigator] ILG was instructed not to investigate this matter" - Chief Justice Boatright 7/11/2022 To Story February 2021 "I am committed to getting to the truth of the allegations that have damaged the public's perception of our critically important work." -Chief Justice Brian Boatright 2/18/2021 August 2022 To Story To Story To Story To Story To Story "Every woman that [brings forward mistreatment] -- they've all been laid off, written up, disciplined, pushed out, moved over ..." To Story "I didn't want to create a paper trail for the chief [justice], so I'll trust you'll know the best way to keep him informed." To Story Justices Boatright, Marquez, and Berkenkotter are on the 2024 ballot for retention. The performance commission recommends they be retained by voters--without ever addressing their obstruction and deceptions reported above. To Evaluations

Preparing for the Next Scandal: Valuable Insights from the 2019-2023 Judicial Corruption Scandal in Colorado. ColoradoJudges.org. Coverup allegations Supreme Court Boatright Our Content This website is a gathering point for information and materials from past judicial scandals - and suggestions for how to mitigate and prevent them in the future. Colorado has approximately 350 state court judges at any one time. Our collection of "cases & controversies" relates to a small, but important, segment of those judges. Our goal is to facilitate your access to the professional journalism available about your Colorado judges. Colorado has a strong tradition of a robust press corps that holds the powerful to account. We have superb media outlets like The Denver Post, The Denver Gazette, The Colorado Sun and Colorado Politics staffed by skilled professionals like David Migoya, Shelly Bradbury, and Michael Karlik who specialize in understanding and covering our judicial system. However, once a story runs, it can be hard to find unless you already know what you are looking for. We also have extensive legislative reports with important information that would otherwise gather dust in obscure archives. ColoradoJudges.org brings these well-researched and sourced materials together in one place that is easily accessible to members of the public. We include links to the stories cited through their original sources. As a result, you may sometimes have to access the original through a paywall. Who We Are ColoradoJudges.org does not solicit or accept funds or advertising. The curator and webmaster for ColoradoJudges.org is Alan Higbie. Email contact : info.colojudges.org@gmail.com He is a retired trial lawyer who practiced for 42 years in Colorado and Alaska. He served for 8 years on a local Colorado judicial performance commission, during which time he became familiar with the merit selection and retention process. The Masias Contract Scandal caught his attention. As he peeled back one layer after another, it, unfortunately, looked more and more as if the administration of our judicial system was corrupt. Alan Higbie is the author of "Preparing for the Next Scandal: Valuable Insights from the 2019-2023 Judicial Corruption Scandal." He took a special interest in the circumstances surrounding the flawed indictment of his former state legislator, Sen. Pete Lee. "Preparing for the Next Scandal - Valuable insights from the 2019-2023 Judicial Corruption Scandal" About ColoradoJudges.org Quality news about judges. Where you want it. When you want it. At ColoradoJudges.org, we believe transparent access to information about our court system is crucial to preserving the rule of law in a democracy. We are dedicated to helping the public access trustworthy and valuable information that can help you understand the legal system and make informed decisions. Be sure to see our Recent Developments page to Recent Developments

The Colorado Commission on Judicial Discipline reports that it has taken "corrective action" with more than 250 judges. Few of these judges needing "correction" are publicly identified. Now and then, the Discipline Commission will describe a disciplined judge by misconduct, but not name them. Are you about to vote for one of these judges? You have no way of knowing. Annual Report This judge would have decided many cases involving the racial and ethnic groups the judge slurred. Are those decisions polluted by the judge's bigotry? Did the parties ever get notice of a possible basis for appeal? Did the Performance Commission recommend this judge to voters? Did you vote for the judge? Are you about to vote for this judge? You have no way of knowing.

Judge Anne K. Woods This a rare instance of a judge voted out of office. This example shows how the performance evaluation and retention election process functions. See the story develop across these articles (linked below). January Vote "No" Vote "Yes" November December Jan 23 Retrospective

Retaliation against staff for reporting judicial misconduct Despite the "Toxic Culture" of silence described in the ILG and RCT reports, certain incidents have eventually emerged into public view. These are cases where judicial department staff endured retaliation for speaking up about judicial misconduct. Follow the links to read the news reports about them. Fired for Reporting Judge "Touchy Feely" To Story Manager forced out for raising the judge's abuse of alcohol To Story Targeted on suspicion of talking about a judge's affair To Story

Judge Lance Timbreza To Story To Story To Story To Story Recommended for retention by voters To Evaluation

2022 System Reform SB 22-201 2023 Reform - Ombuds for Judiciary HB 23-1019 2024 Bipartisan Ballot Measure Passed by Legislature Constitution Amendment H Amendment H Story Story Story Story Story Story Story Story Story Story Story Story Story

The Discipline Commission reports that it has taken "corrective action" with more than 250 judges. Few of these judges needing "correction" are ever revealed to the public. Every now and then, the Discipline Commission will describe a disciplined judge by misconduct but not name them. Are you about to vote for that judge? You have no way of knowing. Annual Report "Did you vote to retain the judge [disciplined last year] who promoted extensive drinking among court staff, which led to a sexual relationship with a staff member?" Expose the records of Colorado's judges, Gazette Commentary by Chris Forsyth, October 28, 2020 Link to Commentary Did this judge decide sexual harassment cases when they were involved in this workplace affair gone bad? Are those decisions tainted by the judge's personal interests? Did the parties ever receive notice of a possible basis for appeal?

Ethics Enforcement: Commission on Judicial Discipline The Colorado constitution created a commission on judicial discipline and made it responsible for investigating allegations that a judge violated ethics rules. The commission investigates allegations and prosecutes these charges. Membership Commission members are drawn from judges, lawyers, and non-lawyers selected by the governor and the supreme court. Recommendations The commission makes recommendations about discipline to the Supreme Court. The Supreme Court makes the final decision on whether and how to discipline a judge. Secrecy Discipline Commission proceedings are secret. If a judge is found to have violated the ethics rules, their discipline can be public or private. If private, the violation remains a secret. Only if the Supreme Court approves public discipline will it be known to voters. How effective is the discipline process? "For 28 continuous years, there was no public judicial discipline in Colorado." The Judicial Integrity Project commentary Go To Story 2019-2023: The Discipline Commission issued 3 times as many sanctions as in all of the prior half-century. SMART Hearing SMART Hearing Testimony, Discipline Commission, 1/18/23 Go To Story Go To Story Go To Story Go To Story Go To Story Go To Story Go To Story Go To Story Go To Story For more information about the process, visit the Discipline Commission's website Link to Discipline Commission Website