May 25, 2019

Colorado Supreme Court: Legislature Lacks Authority to Regulate IEC Dismissals Based on Frivolity

The Colorado Supreme Court issued its opinion in Colorado Ethics Watch v. Independent Ethics Commission on Monday, April 25, 2016.

Constitutional Interpretation—Amendment 41—CRS § 24-18.5-101(9)—Judicial Review.

In this original proceeding, the Supreme Court considered whether the Independent Ethics Commission’s (IEC) decision to dismiss a complaint against a public officer as frivolous is subject to judicial review. Plaintiff contended that the General Assembly authorized such review when it enacted CRS § 24-18.5-101(9), which provides that “[a]ny final action of the commission concerning a 18 complaint shall be subject to judicial review.” The Supreme Court concluded that, while the General Assembly may authorize judicial review of IEC’s enforcement decisions, it may not encroach on the IEC’s decisions not to enforce. Therefore, the Court held that the General Assembly’s “judicial review” provision does not apply to frivolity dismissals. Accordingly, the Court made its rule to show cause absolute and remanded the case to the trial court with instructions to dismiss plaintiff’s complaint.

Summary provided courtesy of The Colorado Lawyer.

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