On Nov. 23, during a debate on legislation that dealt with a federal summertime lunch program, a Denver Democrat joined pro-palestinian protesters in the House gallery, shutting down the chamber’s proceedings.

Later, she shouted down to the House floor, calling her fellow legislators “fascists.”

The House came to a standstill for close to an hour, while Democratic lawmakers talked to the legislator in the gallery and sought to resolve the situation.

Elisabeth Epps, the legislator, later went back down to the House floor but left the chamber shortly thereafter.

The episode put the spotlight on what many see — and which leaders agree — as but the latest sign of deterioration of decorum at the state Capitol. It occurred even as House rules expressly forbid Epps’ conduct. Indeed, among the rule of decorum in the Colorado House’s handbook for legislators states that “no member shall engage in loud private discourse or commit any other act tending to distract the attention of the House from the business before it.”

Epps didn’t face censure or discipline for her actions that day, although the House leadership later removed her from a crucial committee and such a disciplinary action might be leveled against her.

While breaches of decorum have been more commonplace in the halls of Congress — or in democracies in other parts of the world — increasingly, state legislatures are struggling to maintain civility.

In Tennessee, two Democratic state lawmakers used a bullhorn to disrupt House proceedings days after an April shooting, in which three students and three adults were killed at a Nashville school.

Both lawmakers were expelled by Republicans, who hold the majority in that chamber. However, both were reinstated days later by their local governments. A third legislator kept her seat by one vote.

In Montana, a House representative,

who is transgender and a Democrat, was censured and then banned in April from attending or speaking during floor work, although not formally expelled, by majority Republicans. The legislator had told colleagues they would have “blood on their hands” if they voted for a bill that sought to ban “gender-affirming care” — which includes social, psychological or medical interventions, such as hormone therapy and surgical procedures — for minors.

A Montana judge recently tossed out the transgender legislator’s lawsuit that claimed a violation of First Amendment rights. The judge pointed out the Legislature had the right to discipline members.

In Arizona last April, the Republican-dominated Arizona House expelled a Republican lawmaker for inviting a woman, who would claim that elected officials, including Gov. Katie Hobbs, judges, committed money laundering and accepted bribes from a drug cartel. In the expulsion resolution, lawmakers said Rep. Liz Harris of Chandler “undermined the public’s confidence in this institution and violated the order and decorum necessary to complete the people’s work in the state of Arizona.”

Harris had been sworn in just three months earlier to her first term.

Punishment for violating the rules of decorum appear to have happened just once in the Colorado General Assembly.

In 2008, Rep. Douglas Bruce, R-colorado Springs, kicked a Rocky Mountain News photographer during the morning prayer that took place on the day he was being sworn into office. He was censured on a 62-1 vote but avoided the more serious punishment of being expelled.

The censure resolution, which cited the work of a special committee formed to look into the incident, concluded that “using physical force to prevent unwanted public attention is inconsistent not only with the standards of order and decorum for the House chambers, but with the ordinary standards of decency.”

D.C. culture in Denver?

Colorado lawmakers have proudly boasted in the past that the state chambers have evaded the chaos that often characterizes the nation’s Capitol, in particular, the U.S. House of Representatives.

In the last several months, however, Colorado’s state Capitol, which is based in Denver, has been looking more like Washington, D.C.

And that lack of decorum has had consequences.

In the past month, two Democratic lawmakers, both at the end of their first year in the House, have resigned. Rep. Ruby Dickson of Greenwood Village officially resigned on Dec. 11. Rep. Said Sharbini of Brighton’s last day is Sunday.

Both cited the vitriol of the House chamber as part of the reason for their decision.

By the time Sharbini’s replacement takes office, the Colorado General Assembly would have 29 lawmakers seated as a result of vacancies — meaning a third of Colorado’s legislators were not elected to office but appointed by a small cadre of party activists from their side of the political aisle.

But what’s also unusual about the recent breaches of decorum is that the state legislatures where they occurred have not been shy to take action.

That wasn’t always the case.

In fact, Politifact last April cited a review of state legislatures in all 50 states and going back to 2000 that found just 19 instances when lawmakers had been expelled for a wide variety of causes, including sexual harassment scandals. Politifact also cited bribery allegations and criminal arrests and convictions for the expulsions.

In 2018, the Colorado House voted to expel Rep. Steve Lebsock, D-thornton, and two state senators resigned in the wake of allegations of inappropriate sexual conduct.

But, as Politifact noted, none of the instances involved expulsion for violating a chamber decorum rules — until April, when Arizona took action against Harris. (Editor’s note: Politifact did not include the Bruce censure in its report.)

Deterioration broader shift in society

Decorum serves to highlight the issue, rather than the person making the argument, helping to ensure that the focus remains on the policy, not the personality arguing for or against it, according to a paper from the Denver-based National Conference on State Legislatures.

And legislators are crucial to the preservation of decorum, the paper said.

“Their actions, awareness of their rights and duties, and knowledge and observance of procedure and rules are perhaps the most critical way to maintain decorum,” the paper said.

John Tilson, a parliamentary expert and former legislator, noted that “avoiding personality” is insisted on in most legislative bodies as a “matter of considerable importance.”

Former lawmaker Lois Court, who lives in Epps’ district, said she is aghast at Epps’ conduct.

“To disrespect the institution as grotesquely as my successor has done is shameful. It’s inexcusable,” she said.

Court, who represented the same district as Epps in the House and Senate, has endorsed one of Epps’ primary opponents, Sean Camacho.

Court pointed out that Epps’ District 6 has the most heavily Jewish population of any House district. In fact, four of the previous representatives of the district are Jewish.

But decorum in the institution she once served in has been deteriorating since the beginning of the 21st century, Court lamented.

“Her behavior is just part of it,” Court said.

For Court, the lawmakers in both chambers have been mirroring the behavior of too many of their constituents, even as decorum in society has deteriorated “horrifically.”

“It’s disrespect for institutions, as well as for those who serve, and the people whom we serve,” she said.

Like others, Court blamed “social media,” which, she said, has made it “acceptable to insult each other,” often under the protection anonymity, which mean no consequence and little social condemnation.

“It’s allowed our lowest behavior,” she said.

Thomas Little, the director for curriculum development and research with the State Legislative Leadership Foundation and also a legislative liaison to the National Institute for Civil Discourse at the University of Arizona, said decorum helps to “depersonalize” the debate.

“Decorum is critical to the success of the process because it helps people not take things personally or make things personal,” said Little, whose group offers training on civility for lawmakers.

Once things become personal, it makes it difficult to get things done, he said.

By depersonalizing the debate — precisely what rules, formal and informal, do — lawmakers can focus on the issues and not on the personalities, he said, adding the rules make it easier to build coalitions, as long as the personalities stay out of it.

How did we get here?

Little offered several reasons why lawmakers have become less civil with each other over the years.

Notably, there’s a lack of negative consequences for breaching the rules, and, on the contrary, the incentive system can reward bad behavior, he said.

“People get reelected when they do these things, so why not try it?” he said.

Some of it, he said, stems from the way lawmakers engage on social media, a platform for getting likes and clicks — and even campaign contributions that, in some ways, are replacing what lawmakers used to get from political parties.

Politicians no longer have to rely as much on the political parties for support, he said.

The lack of decorum also reflects a broader distrust in societal institutions, he said.

“We’ve not just seen a decline of respect for the legislature and government institutions, but we’ve seen the decline in respect for religious institutions, business institutions, the media,” Little said.

“Basically, all institutions are suffering from the same decline in respect from the general public.”

Indeed, the incentive structure has changed, he said, noting that some politicians with no serious interest in crafting laws or public policy keep getting reelected.

In the past, lawmakers who wanted to be successful were defined by getting bills passed and working with their colleagues, and the parties wouldn’t support individuals who didn’t put in that work.

Today, a candidate or lawmaker face better chances of getting the party’s nomination if they go against the “establishment,” Little said.

“The goal is no longer policy. It’s publicity. It’s getting clicks on social media. It’s getting people to watch your video on Instagram. It’s getting people to recognize you for what you say more than what you do,” he said.

And contrary to popular belief, politicians aren’t stupid, he said.

What they see — and validated by experience — is that the incentive structure no longer rewards the most dedicated, hardworking officials. Instead, the latter lose elections because they’re not in the media enough or they get accused of “compromising.” The latter has become a dirty word, instead of what it actually offers, which is to get serious policymaking done, Little noted.

“They’ll be attacked for reaching across the aisle,” Little said.

Little, in his role with the National Institute for Civil Discourse, has been involved with civility training, and what he’s hearing from lawmakers is that “we could do the training, but the people who really need to be there aren’t going to come because they don’t want to walk across the aisle.”

Gov. Jared Polis offered his take on the notion of civil discourse, pairing with Utah Gov. Spencer Cox on a National Governors’ Association initiative to “disagree better.” The duo has been promoting the idea that people should disagree and debate robustly — but civilly, with plenty of room for grace, humility and the possibility of changing one’s mind.

When asked this month what he is doing to tamp down the hostilities within the House, Polis, whose party rules the state Capitol, was reluctant to chastise breaches of decorum. Instead, he said lawmakers have the right to “freedom of speech.” He added he is confident leadership would take action to deal with the situation.

Heavy is the head that wears the crown

The upcoming legislative session in Colorado, which begins early in January, weighs heavily on House Speaker Julie Mccluskie, who will decide what penalty, if any, would Epps — or any other legislator who decides to breach decorum go — face.

Mccluskie stripped Epps of her House Judiciary Committee assignment.

In a statement after a Dec. 14 announcement of committee changes, Mccluskie said, “I’d like for my appointments to speak for themselves.”

“Serving on a member’s top choice of committee is a privilege — not a right. I took this step to address frustrations that the Judiciary Committee needed a reset due to the level of acrimony in the personal relationships on the committee and to help deliver the progressive outcomes our caucus is looking for,” she added.

“My decisions on where to appoint members depend on their respect of their colleagues, ability to collaborate, and adherence to decorum, which was clearly violated during our special session last month.”

Mccluskie isn’t the first to deal with breaches of decorum in the Colorado House.

In 2021, House Speaker Alec Garnett of Denver chastised Rep. Richard Holtorf, R-akron, for using a racially insensitive term during a floor debate.

“I’m thankful you agree to do your part to reset the decorum of this session,” the Associated Press reported Garnett as telling Holtorf. “Discriminatory remarks, whether intentionally launched or carelessly said, have absolutely no place in this House.”

“Yesterday, the decorum of this institution was grossly breached,” Garnett said. “I’m sorry to say this is not the first time this session, but I’m speaking today to make sure it is the last.”

Mccluskie said in early December the democratic process can create moments of strong disagreements. Indeed, conflict is inherent in the legislative process, where every step offers the opportunity to kill legislation.

“But our House rules are in place to make sure every member gets a fair shake, an opportunity to represent their district and that their voice can be heard,” she said.

She said leadership looks at the rules when clarifying how to move forward. The rules express structure, regardless of whether people agree or disagree with a policy or proposal, she said.

“Members need to show up with respect for colleagues and honor that there can be differences,” she said.

When House rules are violated, she added, she intends to exercise a “very thoughtful and deliberate path on next steps.” She said she’s taking her time to evaluate something that has never happened before.

“We need to take the appropriate steps but maybe not until we convene in January,” she said. “The preservation of decorum, and the ability for respect in the chamber are top priority.”

Mccluskie said she’s always tried to provide members with latitude as they articulate their position on a bill but that she doesn’t hesitate to gavel or address legislators when they go far afield.

“I don’t take that action lightly. I first try to guide the member back to the policy at hand,” she said, adding she encourages members to consider their choice of words. That’s happened on the House floor and in writing with some members, she said.

Are members less respectful of decorum than they have been in years past?

“I am concerned about how democracy plays out in this chamber and state when you see some of the antics at the federal level,” the speaker replied.

Mccluskie said she believes Colorado has done an admirable job in maintaining a level of decorum between parties and individuals, and “even when there is disagreement, there was a level of respect that people held up of what democracy can

be.”

But Mccluskie also noted the influence of social media, where members of both parties post what she described as disrespectful and distasteful information, including about other members.

That, she said, is leading to a decline in how House members work with each other.

Are the rules applied evenly or fairly?

No, according to House Minority Leader Mike Lynch, R-wellington.

Lynch said claims of breaches in decorum hasn’t been leveled as much against Democrats since, as members of the majority party, they often do not need to resort to tactics available to minority party members who disagree with proposals.

Republicans are called out much more often since they talk at length about some of the measures.

“There’s opportunities for failure that [Democrats] don’t experience,” Lynch said.

He pointed to what he called an “unofficial censure” of Rep. Scott Bottoms, R-colorado Springs, on the second day of the special session in November. Lynch said Bottoms was gaveled down and later told off the floor he wouldn’t be called on for the rest of the day. Lynch referred to it as a procedural censure.

Bottoms’ transgression was calling into question “civil discourse” among members.

But the lack of fairness goes beyond questions of decorum, Lynch said. He noted that House Democrats invoked Rule 14 — a parliamentary tool to limit debate — that day and limited debate on the summer lunch bill to one hour.

In addition, he said, Epps was given the entire hour to speak.

Mccluskie brought the problems on herself by allowing that, he said.

“That doesn’t qualify as equal application of Rule 14,” Lynch said. “We’re cut off when we’re trying to legitimately talk about the bill.”

Lynch applauded Mccluskie for her decision to remove Epps and another Democrat, Bob Marshall, from the Judiciary Committee.

In a statement, Lynch said, “When crafting the important policies that come from that committee, we need the best minds that can be open to working with all citizens, including those on the other side of the aisle. I am pleased that their blatant disregard for leadership and in ability to work towards a solution to disagreements without litigation was not overlooked.”

That’s a reference to a lawsuit that Epps and Marshall filed against House leadership of both parties shortly after the end of the 2023 regular session.

The parties ultimately settled the lawsuit, which claimed the House disregarded the state’s open meetings laws on multiple occasions.

Leaders pledged to avoid the use of messaging apps and illegal open meetings, and also paid the legal fees for Marshall.

Pushing the boundaries

“There’s always going to be times during legislative debate where folks push the boundaries of what we broadly called decorum,” said former House Speaker Terrance Carroll, D-denver, who served as the legislature’s first African-american speaker in the 2009 and 2010 sessions.

Other than the Bruce censure, Carroll said he couldn’t remember any other egregious examples of breaches of decorum, although, he noted, “I had to use the gavel and hit it pretty hard a few times to get people’s attention.”

A speaker has to remind members they are there “to do the people’s business as opposed to engaging in performance art,” Carroll said.

The value of decorum, the former speaker said, is that it sets parameters around how lawmakers engage with each other so that even in the most heated debates, members all follow a similar set of rules in how they engage.

That minimizes the chances of people screaming and yelling at each other, he said.

It’s easy to make the debates “hyper” personal and to engage in hyperpartisan attacks, he said, adding, “We’re human beings and sometimes we forget that the other side are human beings as well.”

“It becomes incumbent on leadership to make sure the rules of decorum are enforced, as it provides a safe environment for folks to engage in substantive debate,” he said. “Once you lose decorum, the debate stops being substantive, and it’s truly about performance art.”

Carroll also offered a dire warning: “Once decorum is breached, it becomes really hard to patch the hole in the dam.”

“Unless you address the breach quickly, there’s a cascade of incivility, a cascade of hyperpartisanship that begins to flood the chamber and floods the process and makes it very difficult for any work to be done,” he said.

Little, of the National Institute for Civil Discourse, believes there is hope for restoring civil dialogue within legislative bodies.

He recently traveled to Alaska to provide training through his group’s Next Generation Program. Alaska’s caucus structure is different from most: the House majority is 19 Republicans, three Democrats and one independent, and then there’s the Alaska Coalition, which is nine Democrats, two Republicans and several independents.

Alaska lawmakers reached out to the institute to help them figure out how to work together. The same happened recently in Virginia, he pointed out.

Little cited these examples as bright spots.

“There’s hope,” he said. “I think the leaders are recognizing they have to do something.”

In Colorado, Lynch said he hasn’t yet had conversations with Mccluskie about Epps, although he anticipates that would happen before the session starts.

“She is definitely going to do something about decorum to promote civility. I know it’s a high priority for her,” he said.

Epps did not respond to a request for comment.