Chief Justice Brian D. Boatright on Friday told the legislature the state’s judicial branch is making progress on diversity and workplace culture, while warning lawmakers about the need to address low compensation and problematic levels of turnover.

Boatright also threw his endorsement behind two new proposals that would reform the process for disciplining judges, including an amendment to the state constitution.

“The legislation reflects a true bipartisan effort and are good, commonsense changes,” he said.

The biennial State of the Judiciary address is Boatright’s second since becoming chief justice in 2021. Two years ago, he stood before the legislature to address allegations that his predecessor and others in the Judicial Department were responsible for covering up harassment and other workplace misconduct. Boatright welcomed an investigation and the involvement of the legislative and executive branches in selecting the investigators.

Two separate inquiries ensued, with one acknowledging Judicial Department leaders engaged in misconduct and the existence of “toxic relationships, factionalism, and a lack of accountability for key leaders” in the branch’s administrative office. The second investigation found some claims of impropriety were substantiated, and also reported the results of a workplace culture survey. Among the findings: women were less likely to believe their workplace was safe, and more likely than men to experience retaliation.

“That is not acceptable and we will do better,” Boatright vowed to lawmakers.

In that vein, the chief justice cited the judicial branch’s budget request, which includes a proposal for an organizational ombudsman. The position, according to the branch, would serve to provide “a safe place for employees to discuss concerns and consider options” for resolving workplace issues. While not explicitly mentioned, Boatright also issued a directive in November clarifying the internal reporting protocols for judicial misconduct. 

Boatright’s address further endorsed a “modernization” of the branch’s human resources operation, including a focus on diversity, equity and inclusion. He described a listening tour the seven Supreme Court justices embarked on during the last quarter of 2022, in which they visited each judicial district and heard from employees. Low pay was a concern, as were staff turnover and inadequate training.

“In the simplest of terms: Frequent turnover leads to training issues and inadequate training leads to turnover,” Boatright said. “Frankly, we heard that it’s difficult to have a shared mission and culture of excellence when staff are constantly turning over.”

Sen. Julie Gonzales, D-Denver, who chairs the Senate Judiciary Committee, said she appreciated hearing about the judicial branch’s priorities, which would be “the subject of much discussion and debate.”

Rep. Matt Soper, R-Delta, a member of the House Judiciary Committee, added that he was pleased about the chief justice’s plans for organizational restructuring.

Boatright “made what is traditionally the most impersonal branch of government very human,” Soper said. “While the investigations may have been painful for the court, the changes reported in the ombudsman, HR modernizing, reforming work culture and increased pay for judicial staff hopefully means we won’t be reading scandal-laced headlines.”

Boatright also endorsed two pending measures, the product of an interim legislative committee, that would establish new protocols for judicial disciplinary investigations in state law and the constitution. He praised voters and lawmakers for helping clear the way for a new judicial district beginning in 2025 – the 23rd Judicial District, which will separate Douglas, Elbert and Lincoln counties from their current attachment to Arapahoe County.

Boatright spoke favorably about efforts to diversify the more-than-300 judges appointed to the trial and appellate courts throughout the state. Gov. Jared Polis has appointed approximately 40% of the bench, Boatright said, and the evolution was apparent during a judicial conference in September.

“The room looked and felt differently. We saw more women and more diverse colleagues among us,” he said.

Boatright added: “I imagine you all know the feeling I’m describing,” a reference to the milestone reached in 2023 of women composing a majority of the legislature for the first time in Colorado’s history.

Boatright also boasted of the historic number of Black judges currently serving. Including Denver County Court, whose members are appointed by the mayor, 19 Black trial judges are in office, a dramatic increase from five years ago. The observation prompted the first applause line from the legislature, which had held a commemoration of Martin Luther King Jr. immediately prior to Boatright’s address.

Finally, the chief justice complimented the state’s probation officers, calling them the “unsung heroes” of the criminal justice system. With approximately 70,000 people on probation at a given time in Colorado, Boatright ticked off the drastic cost savings of a probationary sentence. Whereas incarcerating someone will cost $57,000, probation is only $1,900, he said.

Boatright teared up while reading a letter from a woman whose drug issues landed her on probation. The woman’s probation officer, Cassie Korse, reportedly persevered in getting the woman to reach sobriety. 

“Between you and Child Protective Services, you saved my life,” the woman wrote to Korse. “I now get to help others in their addictions and really get to spread the word that recovery is possible.”

“I share this story with the hope that it dispels any idea,” Boatright said, that probation officers are “anxious to revoke probation and jail their clients.” He and the legislature applauded for Korse and other probation officers present in the House chamber.