CO · rules
C.R.J.D. 40
Decision
The Supreme Court shall consider the evidence and the law, including the record of the
proceedings and additions thereto; the special masters’ report; the Commission’s recommendation; and any exceptions filed under Rule 38. The Court shall issue a decision, in
which it may dismiss the complaint; adopt or reject the recommendation of the Commission; adopt the recommendation of the Commission with modifications; or remand the
proceedings to the Commission for further action. Provided, however, that if the Commission has recommended a stipulated resolution, the Court shall order it to become effective
and issue any sanction provided in the stipulated resolution, unless the Court determines
that its terms do not comply with Rule 37(e) or are not supported by the record of
proceedings. The decision of the Court, including such sanctions as may be ordered, shall
be final. Unless confidentiality is required under Rule 37, the decision shall be published.
History
Source: Entire rule amended and effective December 10, 2014; entire rule amended April 20, 2017, effective July 1, 2017. ANNOTATION Standard of review. Factual findings of the commission on judicial discipline must be up- held unless, after considering record as a whole, court concludes that they are clearly erroneous or unsupported by substantial evidence. In re Jones, 728 P.2d 311 (Colo. 1986). However, the court is not bound by the com- mission’s conclusions of law. In re Jones, 728 P.2d 311 (Colo. 1986). Applied in Matter of Timbreza, 2019 CO 98, 454 P.3d 217.
Provenance
- Source
- content.leg.colorado.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
10c024c08a05145bc89853242775dfb5282e2796e7de0e2d58146bd50e9b875b
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