Supreme Court of Colorado

Colorado Ethics Watch v. Independent Ethics Commission

April 25, 20162016 CO 21

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 decline enforcement, and the confidentiality requirement independently supports nonreviewability. The court therefore made its rule to show cause absolute and directed dismissal of the plaintiff's complaint for lack of jurisdiction.