C.R.J.D. 4

(a) Jurisdiction.

(1) Filing Date. The Commission has jurisdiction over a Judge regarding allegations

of misconduct or a disability and the application of dispositions and sanctions thereto,

based on events that occurred while the Judge was an active or senior judge, if a request for

evaluation of judicial conduct is received by the Commission (or a complaint is commenced on the Commission’s motion) (A) during the Judge’s term of office or within one

year following the end of the judge’s term of office or the effective date of the Judge’s

retirement or resignation, with respect to alleged misconduct or disability occurring during

the Judge’s term of office; or (B) during the Judge’s service in the senior judge program or

within one year following the end of the Judge’s service in the senior judge program, with

respect to alleged misconduct or disability occurring during the Judge’s service in the

senior judge program.

(2) Continuing Jurisdiction. The jurisdiction of the Commission to fulfill its Constitutional mandate under of Rule 1(b) regarding a pending disciplinary or disability proceeding shall not terminate upon the expiration of the Judge’s term of office, the Judge’s

retirement or resignation, or the appointment or reappointment of the Judge to the senior

judge program. Such jurisdiction shall continue until a disposition or sanction is determined.

(b) Attorney Regulation. Conduct by a Judge or former Judge that involves grounds

for disciplinary action under Rule 5 and/or may involve grounds for a violation of Colo.

RPC may be referred by the Commission to Attorney Regulation. Such referral shall not

preclude the Commission from proceedings concerning conduct under its jurisdiction

coincident with Attorney Regulation’s jurisdiction over violations of Colo. RPC. Nothing

in these Rules shall be construed to limit the jurisdiction of Attorney Regulation over an

attorney with respect to conduct subject to Colo. RPC, which occurred before, during, or

after the attorney’s service as a judge.

(c) General Powers. The Commission shall have the authority and duty to investigate

and resolve complaints in accordance with the Constitution and these Rules.

(d) Evidentiary Powers. Any member or special master may administer oaths and

affirmations, compel by subpoena the attendance and testimony of witnesses, including the

Judge as a witness, and provide for the inspection of documents, books, accounts, and

other records.

(e) Contempt Powers. A Judge’s refusal to comply with a disposition ordered under

Colo. RJD 35 or the willful misconduct of a Judge or any other person during any stage of

the Commission’s investigation or consideration of a complaint in informal, formal, or

disability proceedings, including, but not limited to, misrepresentation of a material fact,

resistance to or obstruction of any lawful process, disruptive behavior, breach of confidentiality, or failure to comply with any of these Rules, may be grounds for direct or indirect

contempt, as provided in C.R.C.P. 107. In formal proceedings or disability proceedings,

direct contempt may be addressed summarily by the special masters. To address allegations

of indirect contempt, the Commission shall request the Supreme Court to appoint a special

master. The Commission shall be represented in contempt proceedings by special counsel

who shall file a motion with the special master, verified by the executive director or a

member of the Commission, alleging the grounds for contempt. The special master may ex

parte order a citation to issue to the person charged to appear and show cause at a

designated date, time, and place why the person should not be held in contempt. The

motion and citation shall be served on the person charged at least seven days before the

time required for the person to appear before the special master. The special master shall

conduct a hearing and file recommended findings of fact and conclusions of law regarding

the alleged contempt with the Supreme Court. The Supreme Court shall consider the

special master’s recommendations and dismiss the citation or order remedial or punitive

sanctions as it deems appropriate under C.R.C.P. 107.

(f) Administrative Powers. The Commission may adopt administrative policies, procedural rules, or forms for its internal operation or proceedings that do not conflict with the

provisions of these Rules.

(g) Communications. The Commission may distribute information to the judiciary

and the public concerning its authority and procedures.