Clear The Bench Colorado wins judgement against “frivolous, groundless, vexatious” complaint by “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do), awarded “tens of thousands” in legal fees
Clear The Bench Colorado wins!
Yes, it’s still more than three months until the judicial retention elections in November, when Colorado citizens will be able to exercise their right to vote “NO” on the three remaining ‘unjust justices’ of the Colorado Supreme Court’s incumbent ‘Mullarkey Majority’ who have declared their intent to allow themselves to be held accountable (minus, of course, Chief Justice Mullarkey herself, who last month announced her intent to resign rather than be held accountable by voters in the November elections).
Earlier today, however, Clear The Bench Colorado won a stunning victory when Administrative Law Judge Robert Spencer not only dismissed the frivolous, groundless, and vexatious “complaint” by self-proclaimed watchdog (actually, attack dog) “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) – which we have been predicting for weeks – but also ordered CEW to pay ‘tens of thousands’ in attorney’s fees to Clear The Bench Colorado because the complaint was so completely without merit. Face The State broke the story earlier today (“Self-styled ethics watchdog ordered to pay ‘tens of thousands’ to judicial-reform campaign“):
For the second time in its four-year history, the group Colorado Ethics Watch has watched one of its trademark ethics complaints backfire after it was ordered to pay attorneys’ fees to one of its targets. An administrative law judge today threw out the group’s claims against Clear The Bench Colorado, an issue committee that seeks to oust three state Supreme Court justices on this November’s ballot.
The monumental nature of Clear The Bench Colorado‘s victory in this case – particularly the award of attorney’s fees – is difficult to overstate. It is rare (indeed, almost unheard of – though not totally unprecedented) for attorney’s fees to be awarded to the defendant in this type of case, as Face The State had pointed out in an earlier article (“Judicial-reform group lashes back at ‘frivolous, groundless’ complaint“):
Attorneys fees are awarded sparingly by Colorado judges, largely because those requesting the sanction must prove opposing counsel pursued legal action knowing they had little chance of prevailing or failed to do basic research before filing.
The award indicates that the judge not only thought that CEW’s case (or “complaint”) was bad – he thought it was SO bad that he took the unusual step of slapping CEW with the entire bill (which, as noted, runs into the ‘tens of thousands’).
CEW’s attacks against Clear The Bench Colorado fit an ongoing pattern of unsuccessful, politically motivated “ethics” complaints designed to distract, disorient, and sling mud in the (vain) hope that something might stick. Ultimately, they don’t care if they win or lose the case (their lopsided loss-win ratio bears this out), since their priorities are (1) smear, (2) frame the media debate and gain attention, (3) divert resources & attention, (4) intimidate, and (5) maybe (if they get lucky) occasionally win a case. As many publications noted at the time, CEW’s attack was just another cheap political stunt. Even the Secretary of State’s office called CEW Director Toro’s statements “disingenuous” (which is a polite way of saying, ‘lying through your teeth’).
Sadly, “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) doesn’t seem to know when to quit. Even after being definitively slapped down, CEW Director Luis Toro announced his intent to file an amended or “supplemental” complaint and continue CEW’s harassment of the judicial accountability group Clear The Bench Colorado. And why not? It’s not as if they’re spending their own money – not only are they well-funded by Colorado’s own “4 horsemen” – multi-billionaire activists Tim Gill, Jared Polis, Rutt Bridges, and Pat Stryker (as documented in the excellent book The Blueprint by former Rep. Rob Witwer & 9News Reporter Adam Schrager) but also by their parent organization in Washington D.C. (with a reported 2008 revenue of $1.35M – that’s million). That’s if they’re even spending money at all – apparently Toro’s co-attorney (Aaron Goldhamer of Sherman & Howard, LLC) is working the case pro bono (donating his time, and the firm’s resources, for free). Perhaps Sherman & Howard clients might wish to ask about how their money is being spent?
Even with all that money, power, and legal talent (when mentioning “talent”, I’m talking about Goldhamer, and other attorneys working behind the scenes – not Toro, who’s pretty much a legal hack, not even capable of doing the most basic legal research before attacking) lined up against Clear The Bench Colorado – we still win!
Comes from doing the right thing (as previously noted, CTBC registered in a timely manner, fulfilling all reporting requirements, in accordance with the Secretary of State’s guidance and established campaign finance regulations and procedures) – but still, score one for the underdog!
It should come as no surprise that the allies of those on the courts abusing the constitutional rights of Colorado citizens would themselves attempt to abuse the courts to achieve their goals. What may have come as a surprise to CEW is that this time, the good guys fought back – effectively.
Fortunately, they can be stopped – by citizens with the courage to fight back. Show your support today – stand up to unethical attorneys and sleazy solicitors, and contribute to help provide the resources for Clear The Bench Colorado to prevail against what are ultimately attacks on YOUR freedom. Also, since sweet success is the best revenge – spread the word about why the four (er, three remaining) incumbent justices of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and soon to be minus Chief Justice Mary Mullarkey) deserve a “NO” vote in November (and why CEW has been sicced on Clear The Bench Colorado to cover for special interests who benefit from keeping them on the bench). Remember, they 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!