Colorado’s judicial watchdog is seeking the public censure of former state Supreme Court Chief Justice Nathan “Ben” Coats for his role in a controversial $2.75 million contract given to a top administrator — an unprecedented rebuke of the state’s foremost judicial figure.
The censure request is based on an agreement the Colorado Commission on Judicial Discipline reached with Coats, in which the retired justice admitted he failed to “perform judicial and administrative duties competently and diligently,” the commission announced Thursday.
While such a censure carries no penalty, it would mark the first time a Colorado Supreme Court justice has ever faced this type of discipline. Coats retired in 2020.
The entire Colorado Supreme Court recused itself from the case, directing a special tribunal comprised of judges from the Colorado Court of Appeals to review the matter.
“The Special Tribunal will review the parties’ stipulation to affirm or deny the Commission’s recommendation,” the statement said, adding that the timing of its decision will be determined in the coming days.
The commission, through its appointed special counsel, Omeed M. Azmoudeh and Qusair Mohamedbhai, called the endeavor a “difficult and unprecedented assignment.”
An attorney for Coats said the former justice does not wish to comment on the agreement.
The push to censure Coats stems from a $2.75 million contract awarded to Mindy Masias, the then-chief of staff to the Colorado Judicial Department. The state court administrator at the time, Chris Ryan, told The Denver Post in 2021 that the contract was awarded in order to keep her from speaking out about judges’ misconduct.
An independent investigation last year found that while the contract was steeped in unethical behavior, misconduct and lies, it wasn’t specifically designed to prevent Masias from divulging damaging information.
The probe, though, found these top judicial officials leveraged a toxic work environment as they “brazenly pursued” the lucrative contract. It painted Coats as out-of-touch, easily manipulated and ill-equipped to manage a branch of government.
In the stipulation released Thursday, Coats admitted that by allowing the judicial department to contract with the Masias after she had resigned in lieu of termination, the chief justice “undermined the public’s confidence in the integrity of the judiciary and failed to exercise diligence in the performance of his administrative duties.”
All told, Coats allowed a potential multimillion-dollar contract to be awarded to an employee despite numerous warning signs, the agreement stated. It was particularly concerning, the commission noted, that the chief justice was separately contacted by the Colorado attorney general and the state auditor, advising him to investigate an anonymous letter that outlined numerous allegations — including against Masias.
Coats, though, did not alert those offices that his department was considering giving Masias a contract.
Ryan told lawmakers in August that the investigation into his claims was flawed, calling for widespread reform to Colorado judicial discipline process.
An investigation by the state auditor last year found evidence of occupational fraud, apparently illegal transactions and the misuse of public funds inside the Judicial Branch. It reported four former employees — including Masias, Ryan, former human resources director Eric Brown and an unnamed employee — to law enforcement for additional criminal investigation.
The Denver district attorney elected not to pursue charges, saying prosecutors did not have enough time after receiving the auditor’s referral.
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