Colorado Politics

Colorado judges break the law — and are above it | BRAUCHLER

George Brauchler

More than 50 Colorado judges have broken the law with seeming impunity. Only The Gazette’s reporting has called it out for the scandal it is.

Those seeking admission to the practice of law in Colorado must – among other things – pass a character and fitness investigation. The Office of Attorney Regulation Counsel has a website that defines “good moral character,” a minimum standard for admission, as including “respect for… the law.” Additional rules mandate the “ability to conduct oneself with respect for and in accordance with the law… the Colorado Rules of Professional Conduct; state, local, and federal laws, statutes and rules,” as well as the “ability to comply with deadlines.”

One in six Colorado judges are failing to meet these minimum standards to practice law in our state, let alone to be judges. It is more than embarrassing. It is a crime.

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Colorado Revised Statute 24-6-202 classifies this willful failure to file the personal financial disclosure as a misdemeanor punishable by a $5,000 fine. Gazette reporter David Migoya’s investigative journalism revealed every state judge is annually alerted to their duty to disclose by the state court administrator. Combine that with their ongoing ethical obligation to comply with the laws and the judicial code of conduct, and any failure to file must be viewed as presumptively “willful.” At a minimum, every judge who has failed – and, arguably, refused – to disclose their personal finances is worthy of an investigation.

And yet, there has been none.

Democrat Attorney General Phil Weiser’s office, which claimed to Migoya to have a monopoly on the ability to investigate and prosecute (as opposed to district attorneys) has thus far inexplicably refused to investigate or prosecute this crime. The AG claims the secretary of state has not sent them any complaints to investigate. Think about that for a moment. A member of law enforcement (who posts a picture of his badge on social media and routinely tweets his commitment to the rule of law) – is prevented from investigating a crime despite his knowledge of it – because some other government official has not officially told him about it. It may be time to turn that badge in.

Meanwhile, Democrat Secretary of State Jena Griswold’s office responded to Migoya that they are powerless to refer any known and even repeated failure to timely file financial disclosures by judges to the AG, because nobody has officially complained to them about it. Every candidate for office who has ever been fined by the SOS (like me) knows such a statement is untrue. The SOS routinely and regularly notifies those who owe various disclosures of their upcoming due dates. They also automatically penalize those who fail to timely file – without a complaint by anyone else. The same goes for businesses that fail to file annual reports. They lose their good standing automatically.

Yet, when it comes to the failure of judges appointed entirely by Democrat governors since 2006, the SOS’s powers are held at bay by the kryptonite of “nobody complained.” This appears to be the new standard for enforcement by the SOS.

Here is the undeniable bottom line: more than 50 judges appear to have committed a crime and the Democrats in charge of compliance, investigation and prosecution simply do not give a damn.

Lest you think these are mere administrative matters of paperwork that can be easily forgiven, know that a non-judge attorney who fails to timely pay dues – just dues – “shall be summarily suspended.”

Not so for financial disclosures necessary for transparency and accountability of some of the most powerful and impactful (and highly paid) government officials in the state. Regular, unwashed lawyers lose the ability to practice law over unpaid dues. Judges who commit a crime with their failure to disclose – lose nothing.

For the vast majority of judges who follow this law, remember you “shall take appropriate action” when you receive “information indicating a substantial likelihood that another judge has committed a violation” of the code. Migoya gave you that information. Will you act?

Judges – like all licensed attorneys – are required to self-report their own violations of the codes of conduct. As a result of the The Gazette’s coverage, every judge who was contacted about their failure to file the legally mandated financial disclosure form is duty-bound to report themselves to the Commission on Judicial Discipline. Have any done so?

This is not a situation of “thank you for letting me know I have been violating the law for years, I will fix that right away – nothing else to see here.” Whatever the ultimate outcome of any inquiry is, in terms of discipline or criminal punishment, there must be an inquiry by Secretary of State Jena Griswold, Attorney General Phil Weiser (both of whom are actively licensed Colorado attorneys with their own ethical obligations to report violations), and the Commission of Judicial Discipline.

Next time you find yourself in court for charges of expired vehicle registration, expired driver’s license, or no proof of insurance, or any of the other myriad charges predicated on timely complying with a law – the judge sentencing you may be a hypocrite.

“Do as I say, not as I do” is a tragic motto for the branch of government entrusted to interpret our laws.

George Brauchler is the former district attorney for the 18th Judicial District. He also is an Owens Early Criminal Justice Fellow at the Common Sense Institute and president of the Advance Colorado Academy, which identifies, trains and connects conservative leaders in Colorado. He hosts The George Brauchler Show” on 710KNUS Monday through Friday from 6 a.m. to 10 a.m. Follow him on Twitter: @GeorgeBrauchler.

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