Colorado Judicial Department v. Colorado Judicial Department Personnel Board of Review.
2022 CO 52. No. 21SC548. Colorado Judicial System Personnel Rules—CRCP 106(a)(4) Review—Judicial Department Employee Discipline.
November 7, 2022
The Supreme Court held that the Colorado Judicial System Personnel Rules (Personnel Rules) preclude district court review of a final order by the Judicial Department Personnel Board of Review (Board). In light of this holding, the Court did not address whether the Board is a “governmental body” or a “lower judicial body” within the meaning of CRCP 106(a)(4), which allows district court review of some decisions by governmental bodies and lower judicial bodies. Because the Personnel Rules preclude CRCP 106(a)(4) review, that’s the end of the analysis. Any potential conflict between the Personnel Rules and CRCP 106(a)(4) must be resolved in favor of the Personnel Rules because the Court promulgated both and the Personnel Rules are more specific than CRCP 106(a)(4).
The Court of Appeals’ judgment was affirmed.