One would think the scandal that rocked the Colorado Supreme Court in 2019 would eventually subside, move forward with proposed legislation to provide for a more transparent and impartial judicial discipline process, and begin to regain public confidence in the judiciary.

Unfortunately, that concept was quickly extinguished by Jessica Yates, attorney regulation counsel for the Colorado Supreme Court. The attorney regulation counsel serves at the pleasure of the Colorado Supreme Court. The OARC has jurisdiction over attorney discipline.

Yates previously involved the OARC in the squabble between the Supreme Court and the Colorado Commission on Judicial Discipline concerning inappropriate behavior by the Supreme Court in judicial disciplinary matters. She threatened the commission with eviction from their office space and refused the commission’s request for funding to support its allegations. Many felt the OARC was marching to the orders of the Supreme Court.

The Commission on Judicial Discipline consists of 10 members: two district judges, two county judges, two attorneys and four non-attorneys. The executive director of the commission is also an attorney.

One of the members of the commission is El Paso County District Judge David Prince. Judge Prince has been an outspoken critic of the current judicial disciplinary process and has testified before legislative committees interested in revamping the current judicial disciplinary process. During his testimony, Prince has occasionally disagreed with the perceptions of Chief Justice Brian Boatright and representatives from the judicial branch. Such was the case in February 2023 when he testified.

Yates stated in a letter written to the commission that Prince’s testimony was untrue and “that such conduct may have been in violation” of the rules of professional conduct expected to be followed by all attorneys. Her allegations also extended to the executive director “and all attorney/judge members of the Commission in a potential violation… if they assisted in the alleged violations.”

The Commission’s attorney, David Kaplan, responded to Yates’ allegation as having a “terrible chilling effect” on anyone testifying before the legislature. Both Kaplan and Yates stand behind their statements.

Yates clearly abused her authority by appointing herself as judge and jury over who is credible and who isn’t. The record clearly reflects the judiciary has not been voluntarily forthcoming in its response to the scandal until it is presented with facts which are contrary to its position. Yates, herself, in her position with OARC has vacillated between taking an active part in the various stages of the investigation and completely recusing. She obviously is presently an active participant and is dismissive when the commission speaks truth to power.

Is it too much to ask whether this recent debacle is intended to sway the chief justice when he makes his judge appointments to the commission upon the expiration of the terms of certain members who have likewise had the courage to speak out concerning much needed change and transparency?

A failure to reappoint those who are willing to continue their service would certainly appear to be retaliatory and would deprive the Commission of much needed institutional memory from those who have been involved in the process.

Dennis Maes served 24 years as a 10th Judicial District judge in Pueblo and was chief judge for 17 of those years. He previously served as director of Pueblo County Legal Services, Inc.; as a public defender and as an attorney in private practice.