Clear The Bench Colorado Director Matt Arnold is taking a break from the normal run of Colorado Politics this Memorial Day weekend to honor those who serve (or have served) in our nation’s armed forces.  As a military veteran and proud “Citizen Soldier” I strongly believe in the importance of saluting the service of all who have honorably worn the uniform.

(A great song and stirring video tribute to our National Guard Soldiers by the rock band 3 Doors Down)

After attending Saturday’s Memorial Day parade in Denver, which drew a small but dedicated crowd, handing out about a hundred small American flags rescued from an event earlier this month (just what is it with people throwing these away?), I spent Sunday with family and friends at the obligatory cookouts and volleyball at the park.  On Memorial Day itself, it’s off to another parade in the morning, and then off to the finish line (Mississippi and Parker) as former state House candidate Arthur Carlson wraps up his “”Skateboarding for Clear The Bench Colorado” event (starting off from Mississippi and Chambers at around 9:30 AM).

What does all of this have to do with holding our Colorado Supreme Court justices accountable to the rule of law and the Colorado Constitution?  Quite a lot, actually…

As a proud veteran of the U.S. military (including service in the Colorado Army National Guard), I take my oath of enlistment - “I will support and defend the Constitution of the United States and the State of Colorado [emphasis added] against all enemies, foreign and domestic”  - seriously; very seriously.

Many of our elected (and unelected) officials seem to have a much more cavalier attitude towards their own oath of office.

Our Colorado Supreme Court justices also swear an oath on taking office, which begins:  “I will support the Constitution of the United States and the Constitution of the State of Colorado.”

Note that the oath of office does not state that ”I will support only those parts of the Constitution I like or with which I personally agree or empathize.”

Yet the Mullarkey Court has consistently ruled against the Colorado Constitution’s Article X, Section 20 (TABOR) in every case it has heard - despite the clear intent and letter of the law that “[i]ts preferred interpretation shall reasonably restrain most the growth of government.”

The Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, Chief Justice Mary Mullarkey) are oathbreakers - and dishonor the service of the men and women of the United States military and law enforcement agencies who put their lives on the line to support and defend our Constitution.  They have proven themselves unworthy of the high office they occupy, and must NOT be retained in that office following the November 2010 elections.  Yes, you can vote “NO” on these unjust justices!

Freedom isn’t Free - Defend YOUR Constitution, and exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure via abuse of eminent domain, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, not be ruled by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and exercise your right to vote “NO” on retaining these unjust justices in office for another 10-year term!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level) - deciding how YOU will be represented in Congress and in the Colorado Legislature - at the Business Leaders for Responsible Government (BLRG) forum Thursday afternoon starting at 4:00 PM.

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level) - deciding how YOU will be represented in Congress and in the Colorado Legislature - on 600KCOL Mornings NewsTalk Radio with Gail Fallen Thursday morning starting at 9:00 AM.

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

“First they ignore you; Then they ridicule you; Then they attack you; Then you win.”      Mohandas K. (Mahatma) Gandhi

Clear The Bench Colorado is firmly within the 3rd phase of Gandhi’s aphorism; following the filing earlier this month of an unfounded “campaign finance complaint” by notorious leftist attack group “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) “picked up” as “news” primarily by the left-wing propaganda outlet Colorado “not-so” Independent, the CEW/CnsI tag team continues to spin any related news developments into yet another attack on Clear The Bench Colorado.

The most recent example turned up in an article published earlier today by the Colorado “not-so” Independent previewing the scheduled signing by Governor Ritter of “three influential bills into law Tuesday” (”influential bills?”  where did the CnsI reporter learn to write?) in which the reporter really had to stretch to create a connection with which to attack Clear The Bench Colorado:

Another bill will require campaign issue committees to disclose the same donor information as candidate committees. Colorado Ethics Watch recently highlighted the topic in pointing out possible problems of mis-categorization, arguing that issue committee Clear the Bench Colorado, which is asking Coloradans to vote supreme court justices off the bench, is about candidates not any one issue, and that it should be confined to candidate finance restrictions. Ethics Watch says the practice of non-disclosure of large donations to judicial campaigns could allow criminals to purchase safe judicial havens. The new bill would require disclosure.

One problem: the bill in question (HB10-1370) does not mean what the reporter thinks it means. (Inconceivable!)  ”Donor information” is NOT a subject of the bill at all; the “Disclosure Requirements” included in the bill simply refer to formalization of a mandate to include the name of the sponsoring Issue Committee on any communications in order to avoid “perception of purposefully anonymous interests attempting to influence the outcome of the election”:

1-45-108.3. Issue committees - disclaimer.  (1) AN ISSUE COMMITTEE MAKING AN EXPENDITURE IN EXCESS OF ONE THOUSAND DOLLARS ON A COMMUNICATION THAT SUPPORTS OR OPPOSES A STATEWIDE BALLOT ISSUE OR BALLOT QUESTION AND THAT IS BROADCAST BY TELEVISION OR RADIO, PRINTED IN A NEWSPAPER OR ON A BILLBOARD, DIRECTLY MAILED OR DELIVERED BY HAND TO PERSONAL RESIDENCES, OR OTHERWISE DISTRIBUTED SHALL DISCLOSE, IN THE COMMUNICATION PRODUCED BY THE EXPENDITURE, THE NAME OF THE ISSUE COMMITTEE MAKING THE EXPENDITURE.

Clear The Bench Colorado has ALWAYS - even in the absence of any formal requirement to do so - included the name of the organization (along with contact information, including our website) on all of our communications, because we believe in and practice transparency and integrity (full disclosure). Clear The Bench Colorado has never felt the need to hide behind “anonymous interests attempting to influence the outcome of elections… through the expenditure of large sums of money.”

Ironically, the integrity and transparency of the Clear The Bench Colorado movement to restore accountability to our judiciary contrasts markedly with “the practice of non-disclosure of large donations to judicial campaigns [which] could allow criminals to purchase safe judicial havens” exemplified by the recent formation of the 501(c)4 organization formed by former justice Dubofsky and Democrat lawyer Grueskin to defend incumbent Colorado Supreme Court justices in response to the growing momentum and resonance of Clear The Bench Colorado, as that organization does NOT have to disclose sources of funding to the public.  They are completely unaccountable.

Strangely, “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) seems to have no issue with the “expenditure of large sums of money” to influence judicial elections by such anonymous, unaccountable organizations.

It is time for “We The People” to restore accountability to our judiciary - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Help to support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

“We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.” - Abraham Lincoln

Clear The Bench Colorado has succeeded - through sheer drive and determination (and the support of growing numbers of concerned Colorado citizens) - in raising awareness of the critically important issue of the right of Colorado voters to render their verdict on the performance of our Colorado Supreme Court justices in regularly scheduled judicial retention elections this November.  Coloradoans have a unique and historic opportunity to reject the continued occupation of the Colorado Supreme Court by jurists who do NOT follow the law - the Colorado Constitution, as written.  Failure to act upon this opportunity would result in another 10-year term of office for a majority of state Supreme Court justices who have repeatedly demonstrated their contempt for the very Constitution they are sworn to uphold - and dangerously undermine the rule of law in Colorado.

Clear The Bench Colorado Director Matt Arnold has traveled the state, speaking to numerous grassroots groups and interested organizations to raise awareness of the issues at stake - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009, and continuing into 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

Clear The Bench Colorado Director Matt Arnold also testified in opposition to several unconstitutional tax increase bills (the “Dirty Dozen” tax increases) which exploited an apparent loophole created by the Colorado Supreme Court’s anti-constitutional “Mill Levy Tax Freeze” ruling last year, and most recently testified in opposition to a legislative attempt to remove from state law several factors designed to ensure fair and impartial review by courts of legislative district boundaries (the “Mary-mandering” bill advancing the use of the courts to advance a particular political agenda and deliberately modify legislative boundaries for electoral purposes).

The growing momentum of Clear The Bench Colorado has recently inspired attacks from the left-wing lawsuit/complaint machine “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) widely discredited as a “cheap political stunt” by news coverage and described as “disingenuous” by the professional nonpartisan staff of the Colorado Secretary of State’s office.

In fact, the defenders of the status-quo anti-constitutional incumbents on the Colorado Supreme Court are SO concerned about the potential loss of their “friends on the court” -

If they get their base motivated they could do some damage to our folks in the judiciary.

that they are forming a well-funded (by a group of highly partisan Democrat trial lawyers, led by Mark Grueskin) organization specifically to counter the growing momentum of Clear The Bench Colorado.

Despite all of these major, newsworthy developments - and despite extensive coverage by such diverse news organizations as Westword, Law Week Colorado, and the Colorado Statesman, Colorado’s largest newspaper (the Denver Post) continues to pretend that the issue of retention votes on Colorado Supreme Court justices does not exist.  In fact,  since the Post’s courts and legal affairs beat reporter Felisa Cardona’s article (”Four Colorado Supreme Court justices face a tough vote in elections“) appeared on the Post’s front page over 3 months ago (February 15th), the Post has not published one bit of news or comment on this extremely important issue.  The news blackout seems to coincide with the lease taken out by the Colorado Supreme Court for space in the Denver Post building - apparently the Denver Post doesn’t want to do anything to upset its most recent tenant (and major billpayer) - that same Colorado Supreme Court. ( “Move along, move along - no conflict of interest to see here.”)

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level) - deciding how YOU will be represented in Congress and in the Colorado Legislature - on the Richard Randall Show on AM740 KVOR today starting at 9:00 AM.

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

“No man’s life, liberty, or property is safe while the legislature is in session.” — Mark Twain (1866)

Although the 2010 legislative session is now (happily) concluded and part of the history of Colorado Politics, the effects of the bills passed this session are becoming more evident with each passing day (perhaps it was necessary for the bills to first be passed in order for us to find out what was in them).  Case in point: the unconstitutional tax increase (er, “elimination of a tax exemption“) commonly known as the “Candy & Soda Tax” (HB10-1191 Subjecting candy and soft drinks to the state sales and use taxes).

As noted in the Denver Post this Sunday (”Vending-machine companies hike costs on sweet treats“),

Spare dimes and quarters are in high demand this month as Coloradans headed to the break room for a soda or a sweet treat scrounge for change to cover price hikes.

Vending-machine companies say the increases are at least partly caused by a new 2.9 percent sales tax on sweetened drinks and snacks.

The bill’s sponsor (Rep. Jack Pommer, D-Boulder) - despite being warned by consumers and small business groups that the increased taxes would inevitably lead to higher prices -

(video courtesy of WhoSaidYouSaid)

is now shocked (shocked!) that vending machine prices have increased, stating

“This tax isn’t 10 cents (on a dollar). It’s 2.9 cents.”

(Strange; most vending machines that I’ve seen don’t accept 2.9-cent pieces)

Clear The Bench Colorado Director Matt Arnold testified in opposition to this bill on constitutional grounds - since it was clear that the bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

The “Candy & Soda” tax is not only unconstitutional in origin, but (in the bill’s particulars) is confusing, capricious, and arbitrary in application - and will likely result in increased costs to government in the form of additional oversight, regulation, and enforcement (”Candy & Soda Police?”).  As the recent Denver Post article points out,

The new law defines candy as “a preparation of sugar, honey or other natural or artificial sweeteners in combination with chocolate, fruit, nuts or other ingredients or flavorings in the form of bars, drops or pieces. Candy shall not include any preparation containing flour and shall require no refrigeration.”

Soft drinks, meanwhile, are defined as “nonalcoholic beverages that contain natural or artificial sweeteners. Soft drinks do not include beverages that contain milk or milk products, soy, rice or similar milk substitutes or greater than 50 percent of vegetable or fruit juice by volume.”

Some merchants have said the new regulations impose a byzantine tax structure for sweets, making a Twix bar not taxable but a Fresca subject to tax.

The new tax (imposed in violation of the constitutional requirement to obtain voter approval prior to any tax policy change resulting in increased revenue) is just one of the “Dirty Dozen” tax increases passed at the start of the just-concluded legislative session, all of which exploited an apparent loophole ripped into the Colorado Constitution by last year’s notorious “Mill Levy Tax Freeze” ruling (which didn’t only blindside voters to unconstitutionally increase property taxes, but further undermined TABOR) issued by the Colorado Supreme Court.

Although your “life, liberty, and property” are only under an enhanced threat by the Legislature for less than five short months, they are endangered by the Colorado Supreme Court year-round.  2010 has seen numerous legislative assaults on your wallet -  aided and abetted by several recent Colorado Supreme Court rulings - but it is also your last chance for 10 years to vote “NO” on the 4 ‘unjust justices’ of the Colorado Supreme Court’s Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against government abuse of eminent domain, and your right to enjoy the benefits of the rule of law, instead of suffering rule by activist, agenda-driven “justices.”  Support the Clear The Bench Colorado movement to restore accountability to the judiciary and bring back balance to the bench with your comments (Sound Off!), your contributions, and exercise your right to vote “NO” on  these unjust justices in November 2010!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

Clear The Bench Colorado Director Matt Arnold discussed the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level) - deciding how YOU will be represented in Congress and in the Colorado Legislature - on the Jon Caldara radio show Wednesday May 12th.

Clear The Bench Colorado Director Matt Arnold also discussed the recent formation of a heavily-funded (but unaccountable to the public) organization formed specifically to defend incumbent judges as a counter to the growing momentum and success of Clear The Bench Colorado in raising public awareness of the issue of judicial accountability, as well as the “cheap political stunt” of the groundless “campaign finance complaint” filed by the left-wing attack group “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) and the Colorado Secretary of State office’s characterization of the CEW complaint and CEW Director Luis Toro’s comments as “disingenuous” (which is a polite way of saying, “lying through his teeth”).

Listen to the podcast of the show

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

Despite the best efforts of the “progressive” spin machine (aided and abetted by pretend news organization the “Colorado Independent”), developments in the spurious “campaign finance complaint” by notorious leftist attack dogs “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) against the grassroots judicial accountability organization Clear The Bench Colorado continue to blow up in the attack group’s face.

After several publications noted the complaint’s complete lack of merit and characterization as a “cheap political stunt” (since Clear The Bench Colorado followed the Colorado Secretary of State’s guidance in filing (correctly) as an Issue Committee), the fake journalists (actually paid propagandists) of the Colorado Independent shifted the spin (and attack) to the Colorado Secretary of State’s office.  In an article basically accusing the nonpartisan, professional staff at the SOS’s office of sheer incompetence (”SOS Staffers gave bad advice to Clear The Bench“), “Independent” writer John Tomasic attempts to spin coverage of the CEW complaint away from the facts of the case to highlight CEW Director Toro’s charge that “SOS staffers… provided demonstrable bad advice” to Clear The Bench Colorado.

Toro’s baseless accusation - and the Colorado Independent’s shoddy “reporting” - drew the ire of the unjustly accused staffers at the Colorado Secretary of State’s office.  In a strongly worded response sent to the Independent (obtained by Clear The Bench Colorado sources), the office fired back, debunking both the basis of the CEW complaint and CEW Director Toro’s playing fast and loose with the facts in the complaint and in his public statements (characterizing his comments as “disingenuous”, which is a polite way of saying “lying through your teeth”):

As we discussed on the phone, attached is a copy of the agenda for the Campaign Finance Advisory Panel from June 18, 2009. The second topic on this particular agenda deals specifically with judicial retention committees. This advisory panel is comprised of people like Martha Tierney, Mark Grueskin, Ryan Call and Richard Westfall, not to mention groups like Ethics Watch, League of Women Voters and Common Cause. The goal is to vet rulemaking and identify campaign finance issues before they become big legal issues. In fact, members mostly raise key issues and are encouraged to do so.

I have to take issue with Toro’s review of events related to this decision. Either Toro just plain forgot about this advisory panel meeting or he’s being disingenuous in his comments because Ethics Watch was represented at that meeting and participated in this discussion. To insinuate that our staff makes these kinds of policy decisions in a vacuum is simply not fair or accurate. We find this advisory panel to be incredibly useful in reviewing and discussing policies.

All attempts by CEW and the “Independent” to spin the facts aside - the Secretary of State’s office carefully considered the facts, invited debate and discussion (with participation from a variety of groups across the political spectrum, including “Colorado Ethics Watch”) and reached the considered conclusion that Clear The Bench Colorado should file as an Issue Committee.  Case closed.

Now more than ever - stand with Clear The Bench Colorado in defense of your constitutional rights. Exercise your right to vote “NO” on the 4 ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business from against eminent domain abuse, your right to fair representation in government, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and exercise your right to vote “NO” on retaining these unjust justices on the bench for another 10-year term!

Coming close on the heels of a spurious “campaign finance complaint” by notorious leftist attack yap dogs “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) against the grassroots judicial accountability organization Clear The Bench Colorado, the announcement this weekend (at the Colorado Bar Association board of governors meeting) of a well-funded group formed specifically to counter the growing momentum and success of Clear The Bench Colorado in raising public awareness of the issue of judicial accountability in Colorado provides a nice ironic twist.

(The COBAR even claimed - with a straight face - to be “neutral” on the Clear The Bench Colorado campaign, despite placing “Item No. 13, [Executive Director] Chuck Turner’s report on the status of the “Clear the Bench” campaign on the agenda.”)  Neutral?  Rrriiiiiiggghhhttt…

The story was broken in an article posted by Law Week Colorado earlier today (”Dubofsky said to plan response to Colo. Judge Non-Retention Campaign“):

Former Colorado Supreme Court Justice Jean Dubofsky and Democratic Party lawyer Mark Grueskin are forming a nonprofit group to educate voters about the judicial performance evaluation process in light of an anti-retention campaigned led by Clear The Bench.

Dubofsky’s and Grueskin’s move to form a 501(c)4 organization was disclosed Saturday at the semi-annual meeting of the Colorado Bar Association board of governors. The name of the group wasn’t revealed.

The formation of this organization is certainly an interesting development in light of the baseless complaint filed by “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) bemoaning the “potentially unlimited funds” that could flow to Clear The Bench Colorado due to the Secretary of State’s office having designated Clear The Bench Colorado as an Issue Committee.

Unlike Issue Committees - which must operate under the disclosure requirements of Colorado campaign finance law, providing transparency of funding and expenditures - the 501(c)4 organization formed by Dubofsky and Democrat lawyer Grueskin does NOT have to disclose sources of funding to the public. They are completely unaccountable.

Will “Colorado Ethics Watch” file a complaint against this shadowy organization for the “corrupting influence” of the huge sums of money it will expend in support of the retention of incumbent Colorado Supreme Court justices?

Don’t hold your breath.

“Colorado Ethics Watch”, the “Colorado Independent” (which is an anything but “independent” left-wing propaganda mouthpiece, tasked with providing a veneer of “news” coverage respectability to political spin and mudslinging attacks), and now the latest (as yet un-named) addition of the shadowy Dubofsky/Grueskin Colorado Supreme Court incumbent protection group, are all part of the network of left-wing (”progressive”) organizations known as the “Colorado Democracy Alliance” (CoDA), formed to dominate all aspects of Colorado government. Operating at the edges of public awareness (skirting transparency, public accountability, and the ragged edges of campaign finance and other laws), these groups coordinate their actions towards advancing the “progressive” agenda statewide (with significant success so far; read The Colorado Model (by Fred Barnes) and, more recently, The Blueprint (by former Rep. Rob Witwer & Reporter Adam Schrager) for an analysis of the success of these groups in Colorado - and beyond).

In a way, I suppose it’s flattering - all of these groups and resources (and massive amounts of money) arrayed against little ol’ me: Underdog (er, Clear The Bench Colorado).

Not bird nor plane nor even frog…

Now more than ever - stand with Clear The Bench Colorado in defense of your constitutional rights. Exercise your right to vote “NO” on the 4 ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business from against eminent domain abuse, your right to fair representation in government, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.” Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and exercise your right to vote “NO” on retaining these unjust justices on the bench for another 10-year term!