Colorado Politics

Chief justice issues updated misconduct rules for state judiciary

Chief Justice Brian D. Boatright has issued an updated anti-harassment and anti-discrimination policy for the state’s Judicial Department, which comes just nine months after the last revision but follows a series of misconduct reports within the judiciary.

Notably, Boatright’s amended Chief Justice Directive 08-06, effective July 1, adds language informing the department that harassing or discriminatory behavior in the workplace or during any work-related activity is prohibited, but so is conduct that “impacts the workplace in any way, including through social media.”

A Judicial Department spokesperson said there was no specific incident that prompted the changes, and they amounted to a periodic review of departmental policies.

In this case, the review presented an opportunity to clarify expectations and make explicit what has always been an implicit expectation of judicial officers, contractors and Judicial Department employees regarding harassment and discrimination,” said Jon Sarché, the deputy public information officer.

The previous update to the directive came in October 2020 under then-Chief Justice Nathan B. Coats. Since that time, the Supreme Court has addressed a number of incidents involving the behavior of its employees and officers.

In December, the Court publicly censured a former Weld County judge who pleaded guilty to obstructing a federal drug trafficking investigation. Then on April 16, the justices accepted the resignation of Arapahoe County District Court Judge Natalie T. Chase, who admitted to using the N-word in front of court employees and directed her staff to perform non-work-related tasks. One month later, the Court also censured former Baca County Judge Debra M. Gunkel, following her multiple drunk driving arrests.

Beyond those specific instances of misbehavior, The Denver Post and The Gazette reported in February that Coats approved of a scheme to award a multimillion-dollar contract to the department’s chief of staff in exchange for her silence on misconduct allegations against judges and other employees. The Supreme Court quickly welcomed an inquiry, and a panel of legislators and executive branch employees is currently reviewing proposals from potential investigators, according to Sarché.

The Post reported on Wednesday that Coats himself is now under investigation from the Office of Attorney Regulation Counsel for his role in the contract deal.

Among the other provisions Boatright added to the anti-harassment and anti-discrimination directive: the Human Resources Division of the State Court Administrator’s Office must confer with the Colorado Commission on Judicial Discipline for reports involving judges. If the disciplinary body requests information about the reporter or witnesses, the division shall provide it, as well as any other documentation.

Finally, there is a clarification that harassment reports will be kept confidential as much as possible, “but there is no guarantee of confidentiality for any report.”

Although disciplinary proceedings against judges are typically kept secret, the Supreme Court will disclose details in cases where a public reprimand is involved, and the judicial discipline commission publishes an annual report summarizing actions taken against judges both publicly and privately.

DENVER, CO – JANUARY 13: Colorado Supreme Court Justice Brian Boatright stands at the podium in the Senate as he swears in senators at the start of the first legislative day of the 73rd General Assembly at the Colorado State Capitol on January 13, 2021 in Denver, Colorado. (Photo By Kathryn Scott)
Kathryn Scott
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