Clear The Bench Colorado moves to dismiss ‘Supplemental Complaint’ by “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do), requests legal fees for continued harassment

Clear The Bench Colorado filed a motion to dismiss an additional frivolous, groundless, and vexatious attack (er, ‘Supplemental Complaint”) filed by left-wing attack organization “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) earlier this week (Wednesday).

After Secretary of State Bernie Buescher failed in his duty to provide legal clarity and act to forestall an ongoing series of harassing attacks (er, campaign finance “complaints”) launched by his roundly rebuked ideological ally “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) against judicial accountability organization Clear The Bench Colorado, “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) continued attacks despite knowing that they lacked legal merit.

In fact, CEW’s Supplemental Complaint selectively omits key language from the Colorado Constitution in an attempt to deceive the judge – a clear violation of legal ethics (Colorado Rules of Civil Procedure, Rule 11).  Indeed, CEW’s actions demonstrate a consistent pattern of pursuing harassing and ‘vexatious’ attacks against Clear The Bench Colorado:

A vexatious claim “is one brought or maintained in bad faith to annoy or harass, and may include conduct that is arbitrary, abusive, stubbornly litigious, or disrespectful of truth.” (ref. Colorado Court of Appeals, No. 08CA0425. Munoz v. Measner.)

Even knowing the facts of law and the Secretary of State’s guidance to Clear The Bench Colorado, “CEW chose to litigate the matter and file its Supplemental Complaint, subjecting Clear The Bench to additional attorney’s fees and costs, damage to its reputation, and hampering its fundraising efforts due to the cloud created by litigation.”  (Clear The Bench Colorado Motion to Dismiss, Case No. 2010-0009)

So, to summarize: CEW’s latest attack fits 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.

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 (er, 3 now) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon to be minus 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 in office for another 10-year term!

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