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Colorado Judicial Branch Considers Opening Records on Completed Personnel Investigations

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  • Colorado Freedom of Information Coalition

    The Colorado Freedom of Information Coalition is a nonpartisan alliance of groups, news organizations and individuals dedicated to ensuring the transparency of state and local governments in Colorado by promoting freedom of the press, open courts and open access to government records and meetings.

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Amid multiple probes into allegations of employee misconduct, the Colorado Judicial Department is considering a new rule that would make records of many completed personnel investigations accessible to the public.

Members of the judicial branch’s Public Access Committee on Friday discussed aligning the department’s policy on disclosure of personnel records more closely with the Colorado Open Records Act (CORA), which covers all agencies of state government except the judiciary. If approved as drafted, the amended policy would open records on civil, administrative or personnel investigations that are “closed because no further investigation, discipline, or Judicial Branch or other agency response is warranted.”

Certain information could be redacted before disclosure, such as the names and financial data of complainants or witnesses. Records of ongoing investigations would still be withheld as well as records of sexual harassment complaints and investigations. Investigations referred to the Commission on Judicial Discipline are governed by a different set of rules.