Clear The Bench Colorado Director Matt Arnold discusses judicial retention elections on TV – Your Show with Adam Schrager

Clear The Bench Colorado Director Matt Arnold appeared on the Your Show with Adam Schrager (9News reporter) TV program this past Sunday, 17 October 2010 at (broadcast on KTVD at 10:30 AM), to discuss judicial retention elections and the drive to hold 3 incumbent Colorado Supreme Court justices (Michael Bender, Alex Martinez, and Nancy Rice) who are seeking another 10-year term in office accountable to the voters in this year’s elections.

CTBC’s Matt Arnold was joined in studio (not known in advance) by former Colorado Supreme Court justice (and current full-time activist) Jean Dubofsky, representing the “Colorado Judiciary Project” (a legal-establishment special-interest group formed by Democrat state party attorney and  Mark Grueskin, who may be attempting to curry favor with the incumbent justices before whom he frequently appears).  Dubofsky attempted to defend the embattled incumbents and promote the rubber-stamp “reviews” (which again kept up their historical record of 100% “retain” recommendations for Colorado Supreme Court justices this year) of the performance review commissions.  That’s right; Colorado Supreme Court justices “reviewed” by the commissions have received a “retain” vote 100% of the time.

Fortunately, Colorado voters now have a more complete and substantive source of information about the performance of the incumbent Colorado Supreme Court justices appearing on this year’s ballot: CTBC’s Evaluations of Judicial Performance scorecard, which breaks down the votes of each justice in key constitutional cases (along with complete references, analysis, and commentary on each case).

The discussion covered the voting records of the incumbent justices, the established “review” process (along with the weaknesses in the current process & need for greater transparency and accountability reforms) and the massively funded electioneering effort by the Colorado Bar Association and other legal-establishment special-interest groups to promote a “yes” vote for the judicial incumbents.

The video is broken into 2 10-minute segments, as follows:

Segment 1:

Segment 2:

For what may be the first time in Colorado history, voters have the opportunity to review substantive information on judicial performance and have the ability to make an informed decision about whether or not to hold incumbent justices (and judges) accountable for that performance as they seek an additional term of office (for the Colorado Supreme Court justices, they are asking the voters for another 10 YEARS on the bench).

Be a citizen, not a subject – get informed, then exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” – (Justices Michael Bender, Alex Martinez, Nancy Rice, soon minus Chief Justice Mary Mullarkey, who’s resigning rather than face the voters ) 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.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions – and vote “NO” on giving these unjust justices another 10-year term!

One Response to Clear The Bench Colorado Director Matt Arnold discusses judicial retention elections on TV – Your Show with Adam Schrager


    “I sincerely wish we could see our government so secured as to depend less on the character of the person in whose hands it is trusted. Bad men will sometimes get in and with such an immense patronage may make great progress in corrupting the public mind and principles. This is a subject with which wisdom and patriotism should be occupied.” –Thomas Jefferson 1801.

    President Jefferson’s words have rang true with the Colorado Supreme Court. It is no longer a safe haven where justice is blind and politics are absent. It is no longer the place where the commoner can air their grievances in accordance with the First Amendment. It instead has become a “country club” of elitist power brokers that will stop at nothing to keep their dominion. There has never been any organization like Clear The Bench Colorado that has tried to expose them for what they really are. Mr. Arnold has highlighted five cases where he accuses the Court of judicial activism. The first question that must be considered then is whether the Court is capable of this type deportment? I would state unequivocally that it is. It is so ironic that Jean Dubofsky represents the “status quo” group whose mantra is, “You can trust us.”
    Jean Dubofsky, a Harvard graduate, was the youngest justice and first woman appointed to the Supreme Court. With those credentials and attributes one would think she was beyond reproach and a pillar to the community. She was appointed in 1979 for a two year provisional term and reinstated in 1981 for a 10 year term which would have ended in 1991. That was cut short by an incident in 1987; a dirty secret that has been kept hidden by the “you can trust us”, Colorado Supreme Court. The stink of it is that Frank Dubofsky, attorney and husband of Jean Dubofsky, represented a client whose case made it up to the Supreme Court. Jean Dubofsky appropriately recused herself from the matter; but was present when the Court made their decision……………against Frank Dubofskys client. And before the decision was published; Frank Dubofsky settled with the opposing party. Immediately after that event, Jean Dubofsky abruptly resigned from her appointment to the Colorado Supreme Court even though she had 4 years left in her term. Respect is earned and it is very questionable whether the term “Honorable” is appropriate here. I would argue that neither Jean Dubofsky, Mary Mullarkey, Nancy Rice, Alex Martinez, nor Michael Bender are deserving of this homage.
    Again, Jean Dubofsky is the representative of the Supreme Court that says, “You can trust us.” This is the representative that proclaims that there is no politics in the Colorado Judiciary. Another poignant argument to this farce declaration can be found in the 100% retention vote by the Judicial Performance Commission of Blair and Gilmore in Larimer County. Blair and Gilmore are nothing more than “felons in robes” who cost a young man 10 years of his life and the people of Colorado $10,000,000.00. Their actions toward Tim Masters and their refusal to offer even an apology are shameless; yet these misdeeds are supported by the Supreme Court by their absolute silence in the matter. (God forbid they remove another ranking member of the club.) Blair and Gilmore’s overwhelming removal from the bench in the coming weeks by the electorate will be a sure sign that the Judiciary, and the way it does business, is in complete disarray and needs a Legislative investigation to unearth the rampant corruption within which extends to the Judicial Discipline Commission and the Attorney Regulation Commission. (Both of which have “Gate Keepers” that politically decide which cases get consideration, or more accurately put, which judges and lawyers get booted from the guild.)
    Let me be clear. There are undoubtedly good honest judges on the bench, but the inevitable pressure on them to “go along to get along” makes it almost an impossibility for them to judge fairly. This necessarily means that the “exposure” has to come from the outside; from people such as Matt Arnold and Clear the Bench Colorado.

    Alexander Tytler (1747-1813) a Scottish-born English Lawyer and historian made the observation that Democracy cannot endure as a permanent form of government. It can only be temporary in nature due to the inevitability of the electorate voting for the candidates that offer the greatest benefits. This philosophy also pertains to the election/retention of justices. The Supreme Court wants to promote a system that allows them to retain their power……..the “greatest benefits” to the insiders without question by those outside the circle. Mr. Arnold has done an amazing job of “piercing the corporate veil” to expose this enigma. It is now up to the electorate to finish the job.
    “This member [Judiciary] of the Government was at first considered as the most harmless and helpless of all its organs. But it has proved that the power of declaring what the law is, ad libitum, by sapping and mining slyly and without alarm the foundations of the Constitution, can do what open force would not dare to attempt.” –Thomas Jefferson (1825).

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