justice reforms should be extensive

Optimistic graffiti outside Colorado’s Supreme Court building reads: “We will be heard.”

​Left in the wake of recent protests prompted by the murder of George Floyd in Minnesota by a police officer, the graffiti is an example of the sincere determination of protesters.

The placement of these particular words in front of the flagship of Colorado’s judicial branch, however, ironically shows why necessary reforms are so elusive.

Make no mistake about it, protesters across the nation have been heard. And the Colorado legislature is currently working on a bill to address police brutality. Newscasts and news articles have shown legislators calling for transparency and accountability.

Other countries have even taken notice of America’s current plight. Some have expressed concerns regarding the future of the American democracy.

After a dramatic pause, Canadian Prime Minister Justin Trudeau said, “We all watch in horror and consternation what’s going on in the United States.”

China is gloating.

At the root of it all is the horrendous abuse of power by a government official. Because the crime involves racism, it is particularly alarming.

Democracy relies on the benevolence, selflessness and ethics of its government officials. When public servants don’t embody those characteristics, democracy fails.

That is why all government officials must be monitored.

Body cameras on police will help. More tracking of police misconduct will help. But it’s not enough.

The Denver District Attorney has repeatedly over the years refused to criminally prosecute police misconduct. One has to wonder, if George Floyd was murdered in Denver, would the police officers who killed him be criminally charged?

The Denver DA is properly criticized, but in the DA’s defense he or she has to consider the likelihood of a successful prosecution in the judicial branch.

A bad cop’s best friend is a troubled judge. A justice system that is not built on rigorous adherence to the Code of Judicial Conduct is not the place to hold a police officer accountable for criminal conduct.

The General Assembly is attempting to remove portions of a criminal code section that provide an officer with a defense in a case involving physical force by a peace officer. It’s possible that those changes would mean a Colorado district attorney would be more likely to criminally prosecute a cop.

But such a case would still have to be successfully prosecuted in Colorado’s judicial branch.

Judges often work closely with police officers. Warrants must be approved by judges. Police officers often appear before judges. Judges and the police work together.

Meanwhile, Colorado state court judges get to sweep their own misconduct under the rug.

Judicial discipline proceedings are not public in Colorado. It’s actually a crime in Colorado for someone assisting the discipline commission to reveal the contents of a complaint or investigation at the judicial discipline commission.

The Colorado judicial branch holds the purse strings for the Commission on Judicial Discipline and refuses to publicize the amount of money spent to prosecute judicial misconduct. We do know from statistical reports that 97% of complaints filed with Colorado’s judicial discipline commission are dismissed.

The laws regarding judicial discipline in Colorado teach judges that misconduct of government officials should be covered up. Colorado judges are led to believe that public servants are above the law.
Unless this system is changed, the successful prosecution of improper physical force by a police officer is in peril.

A district attorney will always consider the likelihood of a successful prosecution when determining whether to file charges against a peace officer. And both the district attorney and the judicial branch have a soft spot for police officers.

Should a district attorney be required to go to a grand jury before deciding not to prosecute a case of improper force by a police officer? Should a district attorney be bound to prosecute a case if a grand jury supports prosecution? Should a judge be unable to dismiss a case against a peace officer, requiring the case to be heard by a jury?

How can anyone expect a judicial branch that covers up its own misconduct to fairly preside over a case involving police misconduct?

To some extent, we are all responsible for George Floyd’s death. We have let government officials get away with lax and selfish standards that benefit government employees yet endanger the people. We the people have failed.

Black lives matter. The justice system must change. Current proposals in Colorado are too narrowly focused and miss the big picture.

We must all be emboldened by the courage and wisdom of the Black community. Now is the time for change. We cannot allow legislators to simply put a band-aid on this major, hemorrhaging injury.

We must change the culture and environment throughout government. All discipline proceedings of all public servants should be public. Ethical codes must be rigorously enforced. Public officials must meet high standards and if they fail to meet those standards they must be let go.

Too often, Colorado – and America as a whole – enable and encourage the abuse of power by government employees.

The graffiti outside Colorado’s Supreme Court states, “We will be heard.” Unfortunately, the chances of being heard in a judicial branch that covers up its own misconduct are not very good.
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The Black community must be heard. Changes must be made. And those changes must not only help to prevent injustices from occurring, but also help to ensure justice is had when government employees violate the law.

We can build a better justice system. The world is watching.

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