15SA244, Colo. Ethics Watch v. Indep

Summary

The court held that the Independent Ethics Commission's dismissal of a complaint as frivolous is not subject to judicial review. It reasoned that the constitution permits legislative action concerning enforcement decisions but prohibits legislation restricting the Commission's authority over decisions not to enforce, and that the statutory judicial-review provision therefore does not reach frivolity dismissals. The court made its rule to show cause absolute and remanded for dismissal of the complaint for lack of jurisdiction.