Colo. Code Jud. Conduct R. 2.12

History

Source: (C) added, Comment [2] amended, and Comment [3] added and adopted, effective June 3, 2021; (A) amended and effective September 23, 2021 (Rule Change 2021(19)). COMMENT [1] A judge is responsible for his or her own conduct and for the conduct of others, such as staff, when those persons are acting at the judge’s direction or control. A judge may not direct court personnel to engage in conduct on the judge’s behalf or as the judge’s representa- tive when such conduct would violate the Code if undertaken by the judge. [2] A judge does not violate this rule through communication and actions reasonably related to performance management, including, but not limited to instruction, counseling, cor- rective criticism, evaluation, duty assignments, and discipline. [3] Public confidence in the judicial system depends upon timely justice. To promote the efficient administration of justice, a judge with supervisory authority must take the steps needed to ensure that judges under his or her supervision administer their workloads promptly. ETHICS OPINIONS Withdrawing Advisory Opinion 2020-02, the board determined that judges are not respon- sible under the Code for comments on political issues made by staff or for their participation in rallies and marches as long as the staff do not engage in such conduct in the performance of their official duties or in the judge’s presence. Colo. J.E.A.B. Ad. Op. 2021-03.