RESTORE Integrity to Colorado Courts – rebuttal of Dubofsky Denver Post attack piece

This last Sunday’s Denver Post ran a guest commentary by former Colorado Supreme Court justice Jean Dubofsky (“Keep integrity of Colorado’s courts“),  which was – at best – severely “reality-challenged” and at worst a blatant and libelous distortion of Clear The Bench Colorado‘s stated positions.  Unsurprisingly, the Post refused to publish our response, which follows:

RESTORE Integrity to Colorado Courts

Former Colorado Supreme Court justice Jean Dubofsky’s guest commentary in Sunday’s Denver Post presented a litany of distortions, misrepresentations, and outright untruths in attacking the judicial accountability group Clear The Bench Colorado.

Dubofsky alleges that “secret and powerful special interests… would be lining up to dump their millions into ads picking our judges.”

Too late!  They already are – but the millions (well, hundred thousand or so) are being spent on behalf of the judicial incumbents, and to maintain the status quo lack of transparency and accountability.

A recent Law Week article counted over 4,000 TV & radio ads run by a consortium of legal establishment special-interest groups, spending just under $100,000 in August and September alone, promoting the recommendations to “retain”(vote yes) all of the Colorado Supreme Court justices on this year’s ballot.

It’s a fiction to claim that our current system is not already dominated by well-heeled special interest groups – only, these groups have spent their money secretly, away from the scrutiny put on “campaign” spending. (See “The Myth of Money-Free Merit Selection and Retention“).

The biggest whopper, though, is Dubofsky’s assertion that “Clear the Bench wants to destroy 40-plus years of integrity and impartiality in Colorado’s judicial system” setting up her insinuations that CTBC supports a return to contested elections for judicial office.

Clear The Bench Colorado has never advocated for a return to contested judicial elections in Colorado – and Dubofsky knows this.  I made CTBC’s position clear to her in person both during and after her debate with me a week before (on the Your Show TV program with Adam Schrager).

Alleging otherwise is a knowingly false statement, which highlights the desperate lengths to which Dubofsky and friends seek to distort the facts with strawman arguments.

Clear The Bench Colorado is working within the bounds of the existing system to provide substantive information to voters on which to base an informed decision – because the commission “reviews” have failed to hold the incumbents accountable to the Constitution and the rule of law.

Coloradans have a right to vote on judges – and deserve better information than the rubber-stamp “retain” recommendations the commissions and “Blue Book” provide.

Ultimately, it’s your choice – inform yourself (the CTBC website includes both our evaluations AND a link to the commission reviews – we invite the comparison).  Be a Citizen, not a subject… and vote! (NO!)

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