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(a) Complaints. Complaints against judges shall be reviewed by the presiding judge. Complaints against the presiding judge shall be reviewed by the city council. The presiding judge shall promulgate rules and regulations governing complaint and appeal procedures.

(b) Grounds for discipline.

(1) Grounds for judicial discipline shall include:

a. Willful misconduct in office, including misconduct which, although not related to judicial duties, brings the judiciary into disrepute or is prejudicial to the administration of justice.

b. Willful and persistent failure to perform judicial duties, including incompetent performance of judicial duties.

c. Intemperance, including extreme or immoderate personal conduct, recurring loss of temper or control, alcohol abuse or the use of illegal narcotic or dangerous drugs.

d. Insubordination.

e. Conviction of or plea of guilty or nolo contendere to a felony.

f. Violation of any approved city or departmental rule, regulation or policy.

g. Any violation of the Colorado Code of Judicial Conduct, as may be amended and revised, from time to time.

(2) In the absence of fraud, corrupt motive, bad faith or any of the grounds listed in subsection (b)(1) of this section, no action shall be taken against a judge for making erroneous findings of fact or legal conclusions which are subject to appellate review.

(c) Dispositions and sanctions.

(1) Temporary relief from duty. The presiding judge may request the city council to order a temporary relief from duty of a judge, with pay, pending the resolution of a complaint. Such request shall be made only after the presiding judge has a meeting with the judge regarding whether he or she should be temporarily relieved from any and all judicial duties pending the outcome of the proceedings. The presiding judge may inquire whether a judge will voluntarily submit to temporary relief from duty, and a written consent, if obtained, shall be filed with the city council.

(2) Sanctions. The presiding judge may carry out the following sanctions:

a. Admonition. A private informal action by the presiding judge.

b. Oral reprimand with a written notation in the judge's file.

c. Written reprimand placed in the judge's file.

d. Suspension without pay for three working days or less.

e. Suspension without pay for four to 20 working days.

f. Termination.

For purposes of the appellate rights and procedures described in subsection (d) of this section, only the sanctions described in subsections (c)(2)e and (c)(2)f of this section shall be considered as a "disciplinary action."

(d) Appeal.

(1) A judge may appeal a disciplinary action to the city council without fear of reprisal. The appeal shall be made in writing within ten days of receiving notice of such disciplinary action. The written appeal shall be served upon the executive secretary to the city council, and a copy shall be forthwith delivered to the presiding judge. No appealable disciplinary action shall be carried out until the time for appeal has expired. The hearing conducted by the city council shall be closed to the public. The decisions of the city council shall constitute a final decision of the city with reference to those actions described in subsections (c)(2)e and (c)(2)f of this section. With regard to the sanctions described in subsections (c)(2)a, (c)(2)b, (c)(2)c and (c)(2)d of this section, the decision of the presiding judge shall constitute a final decision of the City.

(2) The burden of proof in overturning the presiding judge's decision shall rest with the appellant judge.

(3) The hearing shall be conducted and a decision shall be rendered within 30 days of receipt of the judge's written appeal. (Code 1979, § 25-45.1; Ord. No. 2005-12, § 79, 4-11-2005)