Bill Sponsor
Colorado House Bill 1205
Session 2023A
Office Of Judicial Ombudsman
Became Law
Became Law
Signed by Governor on Jun 7, 2023
Sponsors
Republican
Mike Lynch
Democrat
Jennifer Bacon
Republican
Bob Gardner
Democrat
Dominick Moreno
First Action
Feb 15, 2023
Latest Action
Jun 7, 2023
Origin Chamber
House
Type
Bill
Bill Number
1205
State
Colorado
Session
2023A
Sponsorship by Party
Republican
Primary
Democrat
Primary
Democrat
Primary
Republican
Primary
Summary
The act establishes the office of the judicial discipline ombudsman (office) as an independent office in the judicial department that is operated pursuant to a memorandum of understanding between the office and the judicial department. The judicial discipline ombudsman (ombudsman) is the director of the office. The act establishes the judicial discipline ombudsman selection board (board) to be made up of 5 board members who must be appointed not later than January 1, 2024. The duties and responsibilities of the board include: Overseeing personnel decisions of the ombudsman, which include appointing a person to serve as the ombudsman, filling a vacancy in the ombudsman position, evaluating the ombudsman's performance, and developing a complaint process concerning the ombudsman's performance; Overseeing and advising the ombudsman on the strategic direction of the office and its mission; Working cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office; Ensuring compliance with the provisions of the act, the memorandum of understanding, and state and federal laws; Promoting the mission of the office; and Providing assistance to the ombudsman when requested. The powers and duties of the ombudsman include: Creating and maintaining an anonymous reporting system for complainants to submit complaints; Helping complainants understand their rights and options in reporting and filing a complaint with the commission on judicial discipline (commission) and other appropriate authorities; Providing complainants with necessary referrals for additional support services and care if needed or requested; Reporting appropriate cases to the commission, the office of attorney regulation counsel, law enforcement, and the judicial department; Serving in an advisory capacity to the commission and the judicial department on rule-making; Ensuring accountability and consistency in the operating policies and procedures of the office; and Serving as a liaison for communications between a complainant and the commission or the judicial department. The act requires that, to be appointed, the ombudsman must have prior experience serving as an ombudsman; have a deep understanding of and expertise in organizational culture and diversity, equity, and inclusion; have professional experience working with human resources; and possess the ability to act in a nonpartisan manner. The act requires all communications and information disclosed to the ombudsman by a complainant to be kept confidential unless the complainant gives the ombudsman permission to disclose the information. Disclosed information and records are not discoverable if the information and records are received during and within the scope of the ombudsman's duties and responsibilities. The act requires the ombudsman to disclose a complaint that alleges judicial misconduct and to keep the identity of the complainant confidential unless the complainant gives permission to disclose the complainant's identity. The records related to complaints received by the office are not subject to the "Colorado Open Records Act". The ombudsman is exempt from mandatory reporting rules, statutes, and policies, and may only report an incident made known to the ombudsman by a complainant if the complainant consents to the disclosure. The act authorizes the office to promulgate rules necessary to implement the requirements of the act and to ensure confidentiality of disclosures made to the office by complainants. The act appropriates $100,543 from the general fund to the judicial department to purchase legal services from the department of law. APPROVED by Governor June 7, 2023 EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
Actions (18)
06/07/2023
Office of the Governor
Governor Signed
05/22/2023
Office of the Governor
Sent to the Governor
05/22/2023
Senate
Signed by the President of the Senate
05/22/2023
House
Signed by the Speaker of the House
05/07/2023
House
House Considered Senate Amendments - Result was to Concur - Repass
05/02/2023
House
House Considered Senate Amendments - Result was to Laid Over Daily
05/01/2023
Senate
Senate Third Reading Passed - No Amendments
04/28/2023
Senate
Senate Second Reading Special Order - Passed with Amendments - Committee
04/28/2023
Senate
Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
04/26/2023
Senate
Senate Committee on Judiciary Refer Amended to Appropriations
04/19/2023
Senate
Senate Committee on Judiciary Lay Over Unamended - Amendment(s) Failed
04/10/2023
Senate
Introduced In Senate - Assigned to Judiciary
04/06/2023
House
House Third Reading Passed - No Amendments
04/05/2023
House
House Second Reading Special Order - Passed with Amendments - Committee, Floor
03/27/2023
House
House Second Reading Laid Over Daily - No Amendments
03/24/2023
House
House Committee on Appropriations Refer Amended to House Committee of the Whole
03/15/2023
House
House Committee on Judiciary Refer Amended to Appropriations
02/15/2023
House
Introduced In House - Assigned to Judiciary
Sources
Record Created
Feb 16, 2023 12:16:16 AM
Record Updated
Sep 20, 2023 9:12:10 AM