Colorado Ethics Watch v. Independent Ethics Commission

Summary

The court held that the Independent Ethics Commission’s dismissal of a complaint as frivolous is not subject to judicial review. Although the legislature may authorize review of the Commission’s enforcement decisions, the constitution prohibits legislation that restricts the Commission’s power to decide not to enforce, and the statutory judicial-review provision therefore does not reach frivolity dismissals. The court made its rule to show cause absolute and remanded with instructions to dismiss the complaint for lack of subject matter jurisdiction.