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Colorado Supreme Court Rules Committee
Rule Change 2007(12)
Chapter 37. Rules Governing the Commissions on Judicial Performance
Correction to Rule 14. Confidentiality
Rule Change 2007(12) printed in the October 2007 issue of The Colorado Lawyer on page 148. Rule 14. Confidentiality, on page 150, is corrected to read as follows (bold text indicates where correction occurs):
Rule 14. Confidentiality
(a) All comments in survey reports, self-evaluations, personal information protected under section 24-72-204(3)(a)(II), C.R.S., additional oral or written information under rules 10(f) and 11(f), content of improvement plans, and any matter discussed in executive session under rule 5, shall remain confidential except as otherwise specifically provided in these rules. Comments in survey reports may be summarized for use in a narrative. Only the commission’s designated spokesperson may publicly discuss the recommendation, narrative, survey data, information gathered from public hearings, and the commission’s recommendation for an improvement plan. A commissioner may not publicly discuss the evaluation of any particular justice, judge, or magistrate.
(b) All recommendations, narratives, and survey reports are confidential until released to the public on the first day following the deadline for judges to declare their intent to stand for retention. Any comments included in the report shall be made available only to commissioners, the justice, judge, or magistrate being evaluated, and the chief justice or chief judge.
(c) Otherwise confidential information may be released only under the following circumstances:
(i) To the supreme court attorney regulation committee, if an allegation is made against a justice, judge, or magistrate in the course of the evaluation process which, if true, would constitute a violation of the Colorado rules of professional conduct, on the same basis as that body provides confidential information to the state commission;
(ii) To the commission on judicial discipline, if an allegation is made against a justice, judge, or magistrate in the course of the evaluation process, which, if true, would constitute a violation of the code of judicial conduct, or which would constitute extra-judicial conduct that reflects adversely on the judiciary, on the same basis as that body provides confidential information to the state commission; or
(iii) With the consent of the justice, judge, or magistrate.