Justices Gabriel and Hart Justices Gabriel and Hart were accused of racial discrimination in hiring for the courts. The Colorado Supreme Court promised the People of Colorado to investigate this allegation and the others in the Memo. In the end, the Supreme Court prohibited its investigators from looking at the racial discrimination allegations against two of its own. "The people of Colorado deserve a judiciary that they know is being held accountable ... regardless of title or position." - Chief Justice Boatright 2/16/2021 To Story To Story To Story February 2021 "we are retaining the services of an outside investigator to conduct an independent review of all of the allegations mentioned in the memo ." - Colorado Supreme Court 2/8/2021 July 2022 "[Memo Item 5] 'Current pending EEOC complaint against two justice [Hart and Gabriel]' [Judiciary's Investigator] ILG was instructed not to investigate this matter" -Chief Justice Boatright 7/11/2022

Supreme Court Justice Melissa Hart said: "Hold us accountable." September 27, 2023, Access to Justice presentation Cases & Controversies Read about examples of misconduct by individual judges and high-profile controversies involving Colorado's judiciary. Consider how well our current system deals with misbehaving judges. Cases & Controversies Culture of Silence within Colorado's Judiciary Learn about how witnesses of judge misconduct have been silenced, and understand the challenges whistleblowers, victims of judicial misconduct, and proponents of reforming our judiciary face in Colorado. Culture of Silence Merit Selection Learn how Colorado selects, evaluates, and disciplines our judges. How Colorado selects, evaluates, and disciplines judges Opinions & Reforms Review commentaries published by thought leaders of Colorado about reforming our systems for judicial accountability, reform proposals, and the latest reform legislation. Opinions & Reforms Resources Review original reports of investigations and other source documents. Resources

Watch Jon Caldara's interview with former Chief Judge and legal system reformist Dennis Maes. They discuss the legacy of the Colorado judicial scandals. Go to video Go to Go to Go to Go to Go to Go to To Story Go to Go to Go to Go to Caldara: Vote "No" On All Judges Go to Go to To Story

Unnamed Judge - "Private Discipline" The Discipline Commission reports that it has taken "corrective action" with more than 250 judges throughout its history. Few of the judges needing "correction" are ever revealed to the public. Now and then, the Discipline Commission will describe a disciplined judge by misconduct but not name. Such a case is described below. Did you vote for this judge? You have no way of knowing. This judge admitted to violating the law. Was the judge ever prosecuted? Was the judge's "friend" protected from prosecution? Did this judge ever preside over a criminal case while he/she was trying to avoid prosecution for themselves or their friend? Are those cases tainted? We have no way of knowing.

Judge Brett Woods The Denver juvenile court presiding judge resigned amid revelations of alcohol abuse. Later reporting revealed that colleagues on the bench had covered up for him including pressuring a clerk of court that raised concerns. As well known as his drinking problem was, the Judicial Performance Commission nonetheless recommended that voters retain Judge Woods. Judge Woods eventually resigned and has now been publicly censured by the Colorado Supreme Court on December 9, 2024. Read the Court's order here: People v. Woods, 2024 CO 72 (Dec. 9, 2024) To Story To Story Evaluation

Chief Justice Brian Boatright Chief Justice Boatright led the judiciary's response to the series of scandals erupting over the last several years. Media reports indicate years of obstruction by the court and by Justice Boatright individually. Like many of the examples of misbehaving judges on this site, Justice Boatright has been recommended for retention by the performance commission without addressing the misconduct reported below. Follow this link to Justice Boatright's 2024 Judicial Performance Commission recommendation: This linked report details how Justice Boatright obstructed and delayed the referral of alleged wrongdoers to prosecutors. This coverup prevented prosecutors from charging them. In turn, Justice Boatright's personal involvement was shielded from being exposed. Read the report here (especially pages 9-10 and 20) : This section contains other reports of his misbehavior that were omitted from the 2024 evaluation. Boatright - Judicial Performance Evaluation.pdf Preparing for the Next Scandal - Valuable insights from the 2019-2023 Judicial Corruption Boatright misconduct "The people of Colorado deserve a judiciary that they know is being held accountable ... regardless of title or position." - Chief Justice Boatright, 2/16/2021 To Story To Story "the chief justice ... quietly met in a Denver parking garage ... to discuss the ... press for information in the [Commission's] inquiry." The chief justice said he "doesn't want to give it easily." 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 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 To Story "Members of the Colorado Supreme Court, directly and through its senior staff, made a series of decisions and took a series of actions throughout 2021 and 2022 that limited the ability of the commission ... to do its constitutionally mandated work." Link to Story To Story Code of Judicial Conduct Rule 2.10 (A) "A judge shall not make any public statement that might reasonably be expected to affect the outcome or impair the fairness of a matter pending or impending in any court or make any nonpublic statement that might substantially interfere with a fair trial or hearing. " Just as the Masias Contract Affair was coming into public view, the justices of the Colorado Supreme Court issued the following public statement: "The notion that former Chief Justice Coats and his counsel Andrew Rottman -- both dedicated public servants -- would ever authorize the use of state resources to silence a blackmailer is simply false." Ethics complaint filed against Justice Boatright At the very outset of the scandal, the Supreme Court justices demonstrated that they had prejudged the facts of the case - despite their position as ultimate deciders of the controversy - and the strong liklihood of their personal involvement in the matter. Consequently, at least one person (a retired chief judge) filed an ethics complaint with the Colorado Commission on Judicial Discipline. Link to the Ethics Complaint The discipline commission dismissed the complaint in 2024. They gave no real explanation. To Commentary

Judge Jonathan Walker To Story To Story To Story Recommended for retention by voters To Evaluation

Tim Masters Judges Tim Masters was wrongfully convicted of murder. His flawed conviction was upheld by the Colorado Supreme Court but DNA evidence proved his innocence. After a decade in prison, he was released and his prosecutors were found to have acted unethically. By then, they were judges. The Masters case was widely reported in national and local media and many sources are available. The case even has its own Wikipedia entry and a TV documentary. Wikepedia Entry 48 Hours Episode Two prosecutors on the case, now elevated to judges, would be censured for unethical conduct. Reporting revealed that one had been secretly disciplined before the Masters case. We don't know if the Nominating Commission knew this when the lawyer was appointed as a judge. To Story Even with this history, the Performance Commission recommended that voters retain the two disgraced prosecutors as judges. To Column Local citizens organized a grassroots movement opposed to keeping the two censured prosecutors on the bench as judges. To Story Colorado voters would override the Performance Commission and oust the censured judges. Is this an example of judicial accountability working or voters overruling a broken system? To Story

Judge Debra Gunkel To Story To Story Recommended for retention by voters To Review

Masias Contract Whistleblowers During the Masias contract investigations, a group of potential whistleblower witnesses were under threat of criminal prosecution. They never spoke to RCT or ILG investigators. Just as the statute of limitations was running, they were referred to the Denver District Attorney to be charged. However, the Judicial Department held back large portions of the investigative files, such that the DA could not investigate or prosecute. Read about it here: To Story "If you didn't have these whistle-blowers and ... press ..., where might this have landed?" - quoting State Senate President Garcia Story

Hear from a Victim of a Judge's Sexual Harassment In August of 2022, a committee of the Colorado legislature was investigating the judiciary. The Colorado Coalition Against Sexual Assault (CCASA) presented written testimony from a young survivor of sexual harassment by a judge. Fearing retaliation, she remained anonymous. Her story of being victimized by the system after she reported being victimized by the judge explains why. You can read her testimony by following the link below: Her Testimony To News Story - Denver Gazette

Financial Disclosures Colorado judges, like other public office holders, are required to make annual public disclosures about their financial interests. This is to allow accountability on conflicts of interest. Failing to file these disclosures is a crime. In 2023, reporters revealed that large numbers of judges, maybe over 100, were not filing the required disclosures. The discipline commission started investigations of these reports and, as of the date of this writing, the public has heard nothing more. How is a voter to make an informed decision about a judge in this system? How to find a judge's financial disclosure: Follow this link to the Colorado Secretary of State's website - fill out this online form: https://www.coloradosos.gov/pubs/elections/CampaignFinance/requestCopy.html Story Judges the Gazette reported as failing to file. Is your judge on the list? Are you about to vote for a judge on the list? Has the judge faced any accountability for breaking the disclosure law? Did a legitimate investigation clear the judge of wrongdoing? To Story Story As this is written and an election approaches, we voters in Colorado have no idea ho w these investigations came out. Story Story Story "Two different district court judges - each with four years of missing disclosures ... - sit on judicial discipline commissions whose job it is to punish jurists for their misconduct." Denver Gazette, August 10, 2023 Story Story Story Story