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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Could a Colorado judicial officer advertise wedding-officiant services to planners or online?
No. The Board barred personal advertising or solicitation of wedding business, while allowing inclusion on a court or county clerk's noncommercial list of available judicial officiants.
Must a Colorado judge recuse when an estranged godchild's father appears as a prosecutor?
No automatic recusal was required solely because of the estranged godparent relationship. The Board called for subjective and objective impartiality review and disclosure when that attorney appeared.
Could a Colorado judge serve on a community foundation's grant-making committee?
Yes. The Board allowed volunteer grant-making service, subject to limits on solicitation, use of judicial prestige, advice to the foundation, and adversary proceedings.
Could a Colorado judge serve on a public charter school's nonprofit board?
Yes, on the stated facts. The Board treated the charter-school board as a nonprofit educational organization rather than a governmental committee, subject to Canon 5B's conditions.
Must a Colorado judge recuse when a lawyer who once represented the judge's adult daughter appears?
No automatic recusal was required on these facts. The Board recommended an impartiality assessment and a one-time disclosure to the district attorney's office about the daughter's former counsel.
Could a Colorado judge attend a governor's public inauguration events under the 2006 Canons?
Yes. The Board treated the public, cost-recovery inaugural events as civic ceremonies rather than partisan fundraisers, subject to limits on fundraising, advancement-seeking and perceived allegiance.
Could a retiring Colorado judge schedule private mediations while still on the bench?
No. The Board concluded that a full-time judge should wait until retirement even to schedule private mediations, because future paid work with current courtroom lawyers could undermine perceived…
Could a Colorado judge join a private panel proposing climate-change legislation?
No. The Board held that recommending a climate-policy legislative agenda outside law or court administration was prohibited political activity under the then-current Canons.
Could a Colorado judge contribute to a nonpartisan judicial term-limits campaign and speak publicly about it?
Yes. The Board permitted a contribution to a nonpartisan group supporting or opposing Amendment 40, as well as civic speeches and editorials about it, but barred the judge from personally soliciting funds.
Could a Colorado judge help select defendants for substance-abuse treatment scholarships?
No. The Board allowed the judge to seek program funding and recommend general use of grant funds, but concluded that selecting particular defendants for scholarships would be inappropriate.
When must a Colorado judge recuse after personal representation by a lawyer appearing before the judge?
The Board required recusal during current representation and ordinarily for one year after personal representation ends, including appearances by either side's law firm. After that, the judge must…
How could a Colorado judge's spouse make a candidate contribution without suggesting it came from the judge?
The Board said the spouse's contribution should be made in the spouse's name alone, from a separate bank account, without reference to the judge or judicial position.
Could a Colorado judge testify as a character witness for a former client under subpoena?
The Board barred voluntary character testimony but said a judge must comply with a subpoena. It asked the judge to consider whether justice required the testimony and, if not, whether to discourage…
Could a full-time Colorado judge give anonymous legal advice on a call-a-lawyer hotline?
No. The Board said answering callers' legal questions would be practicing law even without pay or attribution. The judge could instead encourage lawyers' pro bono work or advise the program.
When could a Colorado judge recommend a lawyer to a friend or family member?
The Board allowed recommendations only to friends or relatives close enough that the judge would automatically recuse from their case, regardless of the recommendation.
Could a Colorado judge attend campaign events or appear in literature for a spouse seeking nonpartisan office?
The Board barred attendance at campaign events and other endorsements, but allowed a family photograph in the spouse's literature if the judge was shown and named only as a spouse, without judicial…
Could a Colorado judge serve on a city crime-prevention commission that recommends criminal justice policy changes?
No. The Board found the commission's broad policy mission insufficiently tied to improving court administration and said service would also raise impartiality and independence concerns. Limited…
Could a Colorado judge serve on the board of a large homeowners association?
The Board said service is assessed case by case and rejected it for the described association, whose large budget, reserves, and outside business dealings could lead to litigation.
Must a Colorado judge recuse when a lawyer from the judge's brother-in-law's firm appears?
There is no automatic disqualification for a relative's law partner or associate. On the facts presented, however, the Board required recusal because the small court, community, and firm made the…
Must a judge recuse from every sheriff's case when the judge's spouse sometimes assists with arson investigations?
The Board required recusal when the spouse or an investigator supervised by the spouse worked on the case, but rejected automatic recusal from every sheriff's case. It also called for disclosure…
May a Colorado judge discuss a pending case with a mentor judge?
The Board allowed consultation with a mentor or another judge only to aid the deciding judge, who retains final responsibility. If the advice goes beyond that aid, the deciding judge must notify the…
Must a judge recuse after reporting a lawyer appearing before the judge for misconduct?
Yes. The Board required disqualification from the pending case and other proceedings in which the reported lawyer appeared, because litigants could reasonably question impartiality.
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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.