Colo. Code Jud. Conduct R. 2.3

History

Source: (C) and (D) amended, (E) added, and Comment [3] amended and adopted, effective June 3, 2021. COMMENT [1] A judge who manifests bias or prejudice in a proceeding impairs the fairness of the pro- ceeding and brings the judiciary into disrepute. [2] Examples of manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning nicknames; negative stereo- typing; attempted humor based upon stereo- types; threatening, intimidating, or hostile acts; suggestions of connections between race, eth- nicity, or nationality and crime; and irrelevant references to personal characteristics. Even fa- cial expressions and body language can convey to parties and lawyers in the proceeding, jurors, the media, and others an appearance of bias or prejudice. A judge must avoid conduct that may reasonably be perceived as prejudiced or bi- ased. [3] Harassment, as referred to in paragraphs (B) and (D), is verbal or physical conduct that denigrates or shows hostility or aversion toward a person on bases such as race, sex, gender, religion, national origin, ethnicity, disability, age, sexual orientation, marital status, socioeco- nomic status, or political affiliation. [4] Sexual harassment includes but is not limited to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is unwelcome. ANNOTATION Public censure appropriate sanction for judge who voluntarily resigned after she ex- pressed views about criminal justice, police brutality, race, and racial bias, specifically while wearing her robe in court staff work areas and from the bench. In re Chase, 2021 CO 23, 485 P.3d 65.