Colorado Judicial Ethics Advisory Board Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Colorado Judicial Ethics Advisory Board, with full citations and source links on every page.
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May a Colorado judicial officer use a maiden name professionally after legally taking a married name?
Colorado Judicial Ethics Advisory Opinion 2026-02 permits the requesting magistrate to use the maiden name by which she is professionally known in official duties, provided she does not intend to…
May a Colorado veterans treatment court judge attend staffing meetings after the district attorney withdraws?
Yes. The Board allowed the judge to attend despite the district attorney's voluntary absence, with or without a public defender representative, because the office had notice and the court was…
May a Colorado municipal judge receive police reports and criminal histories from a prosecutor in pending cases?
The Board allowed receipt and consideration when law expressly authorized that use, including identified bond and sentencing settings. It described giving copies to the defendant or counsel as a…
May a part-time Colorado municipal judge also prosecute cases in state district and county courts in the same judicial district?
Yes, under the facts considered. The Board distinguished the state district and county courts from the municipal court where the judge would sit; they were neither the same court nor…
May a Colorado judge drive or park a spouse's car bearing the spouse's law firm's logo?
The Board barred the judge from driving the logo-marked car or allowing it to be parked before the judge's home. It allowed occasional rides as a passenger when that benefit was incidental to the…
May a Colorado judge serve as a county election judge in a partisan election?
No. The Board found that the required public party-affiliation oath would undermine impartiality, and that election judge duties were outside the governmental appointments permitted by Rule 3.4.
May a Colorado judge testify in an attorney discipline investigation while the lawyers have cases before the judge?
Yes. The Board required candid cooperation with the regulator, rejected automatic recusal, and called for an attorney-specific impartiality inquiry and disclosure of the judge's ongoing witness role.
May a Colorado part-time county judge prosecute in a different judicial district and use internal judicial messages?
The Board allowed prosecutorial work in a different judicial district, but barred use in that role of nonpublic information acquired in the judge's judicial capacity.
Must a Colorado criminal judge recuse from similar cases because the judge's spouse practices criminal defense?
No, on the questions presented. The Board required recusal when the spouse acted as a lawyer in the proceeding, but not solely because the spouse handled another case, held a defense contract, or…
May Colorado judges use LinkedIn, connect with appearing lawyers, and endorse professional skills?
The Board allowed a judicial LinkedIn profile and context-dependent lawyer connections, but barred skills and business endorsements. Posts and reactions remained subject to the Code, with…
May a Colorado part-time county judge help a former client amend a clemency application?
Yes. The Board allowed the part-time judge to help a former client add a legal argument to a pro se clemency application, but said the judge should not identify as a judge in doing so.
May a Colorado judge run for election to a public college board of trustees while remaining a judge?
No. The Board said Rule 4.4(A) required resignation on becoming a candidate for nonjudicial elective office, although service through volunteering or appointment was permitted under Rule 3.7(A)(6).
May a Colorado judge join or lead a bar association for lawyers with disabilities?
Yes. The Board allowed dues-paying membership and officer or board service in the proposed association, while excluding political and campaign work, amicus briefs, and use of judicial prestige to…
May a Colorado judge attend PrideFest and march with a bar association in its parade?
Yes, subject to the Board's conditions. The judge could attend the festival, watch the parade, and march with a registered bar association without using judicial status or appearing to endorse a…
Is a Colorado judge responsible under the Code for a law clerk's off-duty protest or political social-media post?
Not under amended Rule 2.12(A) when the conduct is outside official duties and the judge's presence. The Board withdrew its earlier 2020-02 opinion and limited the judge's supervisory obligation to…
Must a Colorado judge recuse when a former close friend appears as a lawyer?
Friendship alone did not compel recusal. The Board called for a case-specific assessment of closeness and impartiality and said the judge should disclose this particular past and present…
May a Colorado judge respond to a clemency request about a defendant the judge once prosecuted?
Yes, when the clemency authority formally requests comment from the former prosecutor. The Board treated that request as being duly summoned under Rule 3.3 and said the response should omit judicial…
What did Colorado's withdrawn 2020-02 opinion say about judicial staff protests and posts?
At issuance, the Board read the prior Rule 2.12(A) to make judges responsible for staff conduct under their control and restricted political marches and posts. The Board withdrew this opinion and…
May a Colorado judge serve on a foundation board that promotes women, including minority women, to leadership posts?
Yes. The Board found the foundation's mission was not invidious discrimination under Rule 3.6(A), even if that rule applied, but said the board roster should not identify the judge's judicial office.
When must a new Colorado judge recuse because of earlier work in a district attorney's office?
Former employment alone did not require recusal. Personal knowledge of disputed facts, active supervision, or a role in the case required it; a close prosecutor relationship or materially related…
May a Colorado judge accept Public Service Loan Forgiveness without reporting it as a benefit?
Once eligible, the judge may apply for Public Service Loan Forgiveness without reporting discharged debt under the Code because the benefit is available on the same terms to similarly situated nonjudges.
May a Colorado judge teach recusal while an appeal of the judge's own disqualification ruling is pending?
Yes, if the general presentation cannot reasonably be expected to affect the appeal's outcome or fairness. The judge may discuss recusal hypotheticals without prescribing outcomes, and appellate…
May a Colorado judges' association hire a public information officer for education, advocacy and retention responses?
The Association may hire a public information officer for Code-compliant outreach and advocacy. Its members, especially officers, remain responsible for the officer's statements; retention responses…
May a Colorado judge help organize and play in a scholarship golf fundraiser honoring the judge's late son?
The judge may help plan and play in the fundraiser, and may personally invite family members and judges outside the judge's supervisory or appellate authority. The Board allowed the son's name on…
May a Colorado judge contact members of Congress to endorse legislation or cabinet nominees without using a judicial title?
Only contact about the law, legal system, administration of justice, or knowledge gained through judicial duties falls within Rule 3.2's exceptions. The proposed political endorsements or protests…
May a Colorado judge on the PERA Board decide administrative benefit appeals as a panelist?
No. The Board held that deciding PERA benefit appeals on a trustee panel is arbitration or another judicial function outside assigned judicial duties and violates Code Rule 3.9, although the judge…
May a Colorado juvenile judge serve on a child-services nonprofit board that engages in legislative advocacy?
Yes, subject to Code limits on impartiality, frequent disqualification, judicial duties and misuse of office. The Board withdrew its contrary 2007-07 opinion under the former Code.
May a Colorado judge thank donors to a charity by telephone or personal note?
Yes. The judge may thank donors for contributions already made if the call or note does not directly or indirectly solicit future contributions.
Did a Colorado judge's private marijuana use, lawful under state law in 2014, violate the judicial Code?
Yes. The Board held that federal criminal law still prohibited marijuana use, and treated its violation as more than a minor offense under Code Rule 1.1(B). It did not decide whether discipline…
Does a Colorado judge's PERA pension interest require recusal from litigation involving a bank in which PERA invests?
No. The Board found no actual bias, only a de minimis pension interest and no disqualifying economic interest. The prior recusal of another judge did not bind the requester, and the rule of…
May Denver juvenile judges select and review lawyers eligible for appointment to indigent parents?
Yes. The Board held that selection and oversight are judicial administrative duties when carried out impartially, on merit and without favoritism under Rule 2.13.
May a Colorado judge serve on the board of a crime-victim assistance organization?
Yes, assuming COVA and its representatives do not appear in matters before the judge and appearances by its advisees would not require disqualification. The Board left specific board activities for…
May a Colorado judge donate a mask identified with the judge's title for a hospice charity auction?
No. The Board treated the identified mask as passive solicitation for a non-law-related charity and held that Rules 3.7(A)(2) and (4) prohibited the proposed contribution.
Must a Colorado judge recuse from every prosecution by the office employing the judge's future son-in-law?
No. The judge must recuse from matters involving the deputy district attorney personally, during engagement and after marriage, but may hear other office cases and serve as duty judge when that…
How long must a Colorado judge disclose a report against an attorney after deciding recusal is unnecessary?
The judge must disclose the report while the attorney-discipline proceeding remains open. Once it closes, disclosure ends; absent another recusal ground, the judge must hear assigned cases involving…
May a Colorado dependency and neglect judge serve on a state child-welfare council?
Yes. The Council relates to law and court administration, but the judge must assess impartiality, duties and disqualification for each activity. Recorded abstention may address a specific conflict…
May a Colorado judge buy property previously involved in a foreclosure case in the judge's district?
Yes, at a later resale if the judge gains no advantage from judicial office or nonpublic information and the purchase does not compromise impartiality. The Board excluded property in a foreclosure…
May a Colorado judge appear in a fundraising video for a law-related teen diversion program?
Yes. The judge may give an informational interview for the law-related program's video, including its fundraising use, if the judge does not directly solicit funds or make statements appearing to…
Must a Colorado judge recuse when counsel is supervised by the judge's attorney-spouse?
Yes. The Board concluded that the judge must recuse when a lawyer from the regional legal-services office managed by the judge's spouse appears, because the relationship creates an appearance of…
May a Colorado judge chair a nonprofit board and sign its grant applications without using a judicial title?
The judge may chair the nonprofit board but may not sign its grant applications. The Board treated signing as solicitation even when the application omits the judge's title.
Does a Colorado judge's report of attorney misconduct automatically require recusal from that lawyer's cases?
No. The judge must assess actual bias and whether an informed observer would reasonably question impartiality. If recusal is warranted, a case bearing the reported lawyer's name on a pleading is…
May Colorado judges facing active retention opposition speak about earlier proceedings and allegations against them?
Yes, on the four identified subjects, if statements are truthful, respect Canon 1 and do not affect pending proceedings or investigations. The Board did not assess restrictions in the judges'…
Could a Colorado magistrate stay on a child-welfare funding board when placement decisions affected its funds?
No. Under the pre-July 2010 Code, the Board found that the amended funding agreement created an appearance of partiality; merely abstaining from a vote would not remove the conflict, so the…
Could Colorado judges seek free or discounted CLE from providers, and how should such discounts be reported?
Under the pre-July 2010 Code, judges and a committee acting for them could not solicit free or discounted CLE. The Board said judge-only fee waivers should be reported under its proposed-Code and…
Could a Colorado judge serve on a city bicycle advisory committee under the 2009 judicial Code?
No. The Board held that then-current Canon 5G barred appointment to a governmental committee with no connection to law, the legal system or court administration, despite the volunteer role.
Did a death threat against a Colorado judge require recusal from other prosecutions by the same district attorney's office?
No automatic recusal was required on the stated facts under the then-current Canons. The Board said the judge should assess any personal bias, while the separate legal question of a motion to…
Could a Colorado judge accept a longtime friend's paid birthday trip without reporting it under the 2009 Canons?
Yes, under the Canons. The Board treated the trip as ordinary social hospitality because of the longstanding friendship and equal treatment of guests; it expressly declined to decide statutory…
May a Colorado judge approve a deferred sentence requiring a charitable donation?
Yes, under this 2008 opinion, if neither the judge nor the court chose or suggested the recipient charity. The Board did not extend its conclusion to probation conditions.
Could Colorado judges pay association dues used for lobbying and ask peer judges to pay dues?
Yes. The Board allowed dues supporting a nonpartisan judges' association's lobbyist on judicial interests, and solicitation of dues from judges outside the solicitor's supervisory or appellate authority.
When did public opposition permit a Colorado judge to campaign for retention under the 2008 Canon?
The Board found active opposition when public newspaper-site comments urged nonretention during the judge's candidacy. Critical coverage of a ruling alone did not satisfy that standard.
Could Colorado judges up for retention appear in a voter-information television program in 2008?
No. The Board held that appearing on a television program organized for retention candidates would be campaign activity prohibited by former Canon 7B(2) absent active opposition.
Could a Colorado judge teach evidence law at a conference attended mostly by attorneys on one side of cases?
Yes, under the stated conditions. The Board allowed neutral evidence teaching if the judge was open to teaching opposing advocates and avoided legal advice, bias, and comments on pending cases; it…
Could a Colorado judge attend a party caucus or vote in a primary election under the 2008 Canons?
The Board barred attendance or participation in a partisan precinct caucus but permitted a secret-ballot primary vote. It declined to decide the First Amendment question.
Could a Colorado judge privately meet an advocacy group about domestic-violence rulings?
Yes, at the judge's discretion. The Board said a meeting could occur with clear limits against special influence and discussion of pending or impending cases.
Could a Colorado judge serve on the Child Support Commission that reviews support guidelines?
Yes. The Board found a direct connection between guideline review and the courts' work, and found no stated threat to judicial impartiality or independence.
Could a Colorado judge serve on a county Justice Coordinating Committee?
Yes, under the committee's stated bylaws. The Board found a direct connection to court administration and no apparent compromise of neutrality, but said changed objectives would require a fresh assessment.
Must a Colorado judge recuse from all police cases if the judge's spouse joins the city council?
No automatic disqualification was required on the stated facts. The Board called for case-specific assessment and disclosure of the spouse's council role in police cases.
Could a Colorado judge serve on bar task forces about judicial performance and death-penalty legislation?
Yes, for the limited roles described. The Board said the judge should reassess death-penalty task-force service if its work expanded to taking a position on the penalty itself.
Could a Colorado judge join a child-services board that also advocated legislation?
No. The Board said even nonvoting membership would associate the judge with legislative advocacy beyond measures to improve the law or courts, contrary to former Canon 7.
Could a part-time Colorado county judge practice in district court while holding ongoing authority to sit there?
No. The Board held that ongoing district-court assignment and legal practice in that same court could not coexist, even if the judge sat only on criminal matters and practiced only civil law.
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Legal ethics opinions from the Colorado Judicial Ethics Advisory Board interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.