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As we all very well know, this election season is and will make history as one of the most anticipated elections in U.S. history. By the end of this election, we will either have our first Black, South Asian female president or a man with an orange spray tan who has been convicted on 34 felony counts as our president.

Either way, on the Colorado ballot,there are issues of paramount being voted on this year.. Such as a change in language to the Colorado constitution which would repeal the ban on same-sex marriage or give law enforcement $350 million more for funding peace officer training, pensions, etc. 

Amendment H, the focus of this article, changes and majorly impacts how we are informed about our Colorado Supreme Court justices.

Amendment H, as outlined in the Colorado ballot asks, “Shall there be an amendment to the Colorado constitution concerning judicial discipline, and in connection therewith, establishing an independent judicial discipline adjudicative board, setting standards for judicial review of a discipline case, and clarifying when discipline proceedings become public?”

This amendment, if put into effect, will allow for an independent judicial discipline board that is separate from the Colorado Supreme Court. Currently, the Colorado Supreme Court has the Colorado Commission on Judicial Discipline Board composed of four judges appointed by Colorado’s Supreme Court Chief Justice, Monica Marquez. The rest of the board, which includes two lawyers with four citizens, is appointed by Colorado Governor Jared Polis.

The influence that the Colorado Supreme Court has on this board allows for bias that can and is prejudicial to the current board’s views, loyalties and outcomes. Separating the Judicial Discipline Board and the Colorado Supreme Court can prevent incidents like the sexual discrimination and misconduct that took place in 2019 — which the Colorado Supreme Court admitted to in a one-page email that poorly apologies for their overdue actions. This incident exactly outlines how by having the influence of the Colorado supreme court, this misconduct was not taken more seriously or investigated further by the judicial discipline board like it should have been. 

The other part of this amendment is that it would allow the public to have more access to the Judicial Discipline Board’s decisions and proceedings. The rulings would be available for anyone to see, which leads to colorado’s public being more informed on the misactions and discipline these judges receive.  Overall, this holds judges across the state of Colorado accountable for their actions, misconduct and decisions. 

There are no and’s, if’s or but’s as to whether or not having a separate judicial discipline board is important because it is. It creates more transparency and a better public understanding of what happens to judges in the state of Colorado if they disregard their judicial duties. Judges are in a higher position of power than most working in the court system meaning they need to be held to a higher standard which is what voting yes on Amendment H will do.

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