Colorado Trial Courts Can’t Review Misconduct Probe Decisions

Feb. 11, 2020, 8:21 PM UTC

Colorado trial courts can’t review decisions by the state attorney disciplinary office about whether to investigate alleged misconduct, the state’s high court ruled.

State district courts don’t have subject-matter jurisdiction over disciplinary proceedings because they are “not strictly civil or criminal cases,” the Colorado Supreme Court said in a Monday ruling.

The case arose after the state’s Office of Attorney Regulation Counsel declined to pursue attorney Paul Chessin’s allegation that his adversary in a lawsuit had committed professional misconduct by filing “perjurious affidavits.”

Dissatisfied, Chessin filed a complaint in a Denver district court contending the office abused its discretion. Chessin ...

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