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Colorado Judicial Department, Eighteenth Judicial District v. Colorado Judicial Department Personnel Board of Review.

2021 COA 82. No. 20CAO161.  CRCP 106(a)(4)—Colorado Judicial System Personnel Rules—District Court Jurisdiction.

June 10, 2021

The Eighteenth Judicial District (District) terminated Dickerson’s employment as a probation officer for violating Judicial Department (Department) confidentiality rules and use of social media policies. Dickerson appealed to the Judicial Department Personnel Board of Review (Board). A hearing officer determined that the District’s decision to terminate her employment was arbitrary and capricious and reduced the discipline to an unpaid 90-day suspension. The District appealed to the Board, which upheld the hearing officer’s decision.

The District then filed a complaint against the Board under CRCP 106(a)(4) in district court challenging the Board’s decision. The Board moved to dismiss under CRCP 12(b)(1) for lack of subject matter jurisdiction, and the district court granted the motion.

On appeal, the District challenged the district court’s decision that it lacked subject matter jurisdiction. The Supreme Court has sole authority over personnel matters within the

Department. The Court promulgated the Colorado Judicial System Personnel Rules, which establish a process for a Department employee to challenge an employment termination. The Rules do not provide for judicial review following the Board’s decision, which is the final step in that process. Accordingly, the district court lacked jurisdiction.

The judgment was affirmed.

Official Colorado Court of Appeals proceedings can be found at the Colorado Court of Appeals website.

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