Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
In the summer of 2021, John Scipione was a district court judge in Arapahoe County. His staff included a legal assistant and a law student interning as a summer law clerk. During the law clerk’s internship, Scipione referred to his legal assistant using a derogatory gendered term, according to the disciplinary opinion. Scipione also made comments that made the law clerk feel uncomfortable. The disciplinary opinion noted he commented about the law clerk’s appearance, including about the law clerk’s arms and hairstyle, and he joked that he was “jealous” of the law clerk’s relationship with another court employee. On one occasion, after the law clerk inquired about a ring Scipione was wearing, Scipione explained that he was consensually non-monogamous and discussed details about a “ranch” that catered to that “lifestyle.” He also asked the law clerk to assist him in using the Tinder dating application.
During the same summer, Scipione emailed the judge presiding over a probate action for his father’s estate. Using his judicial email address, Scipione requested that the judge expedite an order of appointment and letters testamentary in the case. Scipione ultimately filed a motion seeking the same relief, which was primarily ministerial in nature.
The Presiding Disciplinary Judge approved Scipione’s stipulation to discipline and publicly censured him. The public censure, which takes into account significant mitigating factors, took effect Nov. 13. In a stipulation reached in judicial discipline proceedings for this conduct, Scipione agreed to be publicly censured and resigned from the bench.