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).
Martinez, DO NOT RETAIN; Rice, DO NOT RETAIN; Bender, DO NOT RETAIN, Gilmore, DO NOT RETAIN, Blair, DO NOT RETAIN.