Supreme Court of Colorado

In Re Colorado Ethics Watch v. Independent Ethics Commission

April 25, 2016369 P.3d 270

Summary

The court held that the Independent Ethics Commission's dismissal of a complaint as frivolous is not subject to judicial review. Although the General Assembly may authorize review of the Commission's enforcement decisions, it may not restrict the Commission's constitutionally protected decisions not to enforce, and the confidentiality requirement independently prevents review of the investigative record. The court therefore made its rule to show cause absolute and remanded with instructions to dismiss the complaint for lack of jurisdiction.