Clear The Bench Colorado has alerted Colorado citizens over the last several months to the Colorado General Assembly’s underhanded tactic (Colorado Politics at its worst) of circumventing the TABOR requirement to receive voter approval before imposing or increasing taxes by playing the word game of calling the charges “fees” instead, thanks to a ruling by the Colorado Supreme Court in November 2008.

The most universally despised use of this tactic - and the one affecting the greatest number of Colorado citizens - was 2009’s Colorado Car Tax (er, registration “fee”) increase with the “FASTER” bill (SB 108).

The most universally hated - and unjust - part of the so-called FASTER bill (SB 108) is the massive (and now mandatory) imposition of “late fees”.  How massive?  The Denver Post reports today that Colorado drivers

paid nearly $31.5 million in penalties the first year mandatory late fees were in effect.

Last summer - the first year that the new taxes (er, “fees”) were in effect, driver outrage boiled over to such an extent that many county clerks found it necessary to hire additional security (despite the fact that the increases were not their fault).  Some country clerks even took the unusual step of providing pre-addressed postcards (printed on recycled paper at little or no cost) to allow angry drivers to vent their anger at state officials (who passed the tax - er, “fee”) instead (for which they were roundly, and hypocritically, criticized by the Denver Post editorial board - which had no criticism for the thousands of taxpayer dollars wasted on propaganda in favor of the increases).

Many of the county clerks - who had previously had the discretion to impose late fees, which were usually minimal ($10, vs. $25-$100 thanks to “FASTER”) and frequently waived with proper justification, are not fans of the new “fees” despite increased revenue for their districts.  Today’s Denver Post article quotes one:

Weld was one of the counties that hadn’t charged a late fee. Clerk and Recorder Steve Moreno said Friday he was amazed to learn his office collected more than $2 million in late fees the first year.

Of that, $396,160 went to Weld County and the rest to the state. Despite the extra money, Moreno still believes the fees should have stayed at $10 to be imposed at the clerk’s discretion.

“It feels like an extra tax,” he said.

Feels like an extra tax? That’s putting it mildly…

My own county clerk - Arapahoe County Clerk Nancy Doty - also criticized the vehicle “fee” increases (particularly the often unjustifiable but now mandatory “late fee”) and the questionable constitutionality of how they were passed in an article (”County Clerks Required to Enforce Legislature’s New Fees“) published almost exactly a year ago:

It adds about $32 a year to the average registration fee to pay for “Road and Bridge Safety Surcharges”-none dare call it a tax. But wait, there’s more! You used to be able to get by with a $10 late fee if you exceeded the 30 day grace period when renewing your registration. Now, it’s $25 a month, month after month, up to a maximum $100. Got an old boat trailer you take out once or twice a year? Or a hauler you run to the dump with once in awhile. You’d better send that registration card in on time, or you may end up paying more than the vehicle’s worth to re-register if you are late.

…And are these new fees really taxes that should have been voted up or down by the taxpayers? [Ed. YES!  Yes, they are...]

“Why this, why right now and why no vote by the taxpayers?”

Good question.  The answer, of course, is that this “highway robbery” was aided and abetted by the Colorado Supreme Court’s “Mullarkey Majority” (Chief Justice Mary Mullarkey, who recently announced that she would retire rather than be held accountable by Colorado voters this November, along with her colleagues justices Michael Bender, Alex Martinez, and Nancy Rice who remain on the November ballot seeking another 10-year term of office).  The Colorado Car Tax (er, “vehicle registration fee”) increase could not have happened without the Colorado Supreme Court setting aside the Constitution to allow “fee” increases to dodge the constitutional requirement to get prior voter approval for tax increases.

Others have also noted the regressive nature of the tax (hurting most those who can least afford it) along with the multi-year increases built in to the law, saying “the pain of FASTER is just beginning.”

Adding insult to injury, much of the revenue collected by these increased “fees” is not even going to roads and bridges (the stated purpose of the legislation).  That’s right - state and county governments are playing the ol’ shell game with your money, diverting it from the intended purpose (”fix roads and bridges” - a worthy goal) and using it as a general-purpose (or other special-interest) slush fund.  For example, the Denver Post article points out that Jefferson County has

set aside the county’s share of more than $600,000 in late fees to be used for capital purchases and other expenses.

The “FASTER” legislation already explicitly provides for several categories of expenditure not related to “roads or bridges” - an unconstitutional diversion of funds collected as “fees” vice taxes - as noted earlier on this site and in other publications:

The dirty little secret of the FASTER bill is that many of the taxes (er, “fees”) collected don’t go towards the construction or maintenance of roads or bridges at all, but for “multi-modal and demand-side transportation solutions” - such as the desire of certain state Senators for streetcars in Denver - justified by other language in a following section (43-4-812):

43-4-812. Use of user fees for transit - legislative declaration.

(2) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE FUNDING OF TRANSIT-RELATED PROJECTS AUTHORIZED BY SUBSECTION (1) OF THIS SECTION CONSTITUTES MAINTENANCE AND SUPERVISION OF STATE HIGHWAYS BECAUSE IT WILL HELP TO REDUCE TRAFFIC ON STATE HIGHWAYS AND THEREBY REDUCE WEAR AND TEAR ON STATE HIGHWAYS AND BRIDGES AND INCREASE THEIR RELIABILITY, SAFETY, AND EXPECTED USEFUL LIFE.

In fact, the bill MANDATES state spending of $10 Million per year on “transit-related projects.”

It’s an outrageous semantic shell game - and a blatant violation of your constitutional rights.

Don’t get taken for a ride any longer - exercise your right to vote “NO” this November on the four (er, now 3) ‘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 (er, “fee”) increases, your right to defend your home and business from seizure by governments abusing eminent domain, 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.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO“ vote against retaining these unjust justices on the bench for another 10 years!

Constitutional limits on government power - constraints on what the government can do to you - are the hallmark of the American form of government, and an essential bulwark of liberty against tyranny.  Our Constitution is our nation’s “rulebook”, as our state Constitution is the rulebook for state government.

What happens when our governing officials - elected or appointed - refuse to play by the rules?

What happens when the branch of government charged with upholding and applying those rules - our judiciary - decides to abandon their role as impartial “referee” and instead bend the rules to favor their favorite “players?”

We don’t have to speculate - we just have to review our recent history.

The current majority on the Colorado Supreme Court has repeatedly demonstrated a disregard for the clear letter of the Colorado Constitution and a lack of consideration for your constitutional rights.  They have ruled consistently against individual protections and in favor of expanded government power. Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, not referees; re-writing the laws, instead of upholding them.  We are effectively living without a Constitution in Colorado, experiencing rule by judges instead of the rule of law.

The following article was written for (and appears in) the August edition of Liberty Ink magazine.

Living without a Constitution in Colorado

What would it be like to live without a Constitution? Absent written rules restricting their power, authority and scope of action, could government officials do pretty much whatever they pleased?

Unfortunately, that describes the situation in Colorado over the past few years - under the rule of the unjust justices of the Mullarkey Majority on the Colorado Supreme Court.

This court - especially the justices up for a vote this year - has been hostile to your constitutional rights, particularly your voice under the Taxpayer Bill of Rights (TABOR) in how much money the government takes from you in taxes and other “fees.” They’ve also been hostile to your property rights and have been grabbing more and more power that properly belongs to the other branches of government - or to the people.

That’s why the most important votes Coloradoans will cast this year aren’t for the state legislature or even governor or Congress. The most important votes Coloradoans can (and must) cast are “NO” votes on the Colorado Supreme Court justices asking for retention in office: Michael Bender, Alex Martinez, Nancy Rice and - until she recently announced her decision to quit rather than face the voters - Chief Justice Mary Mullarkey.

Thanks to rulings by the activist, anti-constitutional Mullarkey Majority on Colorado’s Supreme Court, our property taxes have increased, and we’ve been burdened by an explosion of other taxes and “fees” (such as the Colorado Car Tax or vehicle registration “fee” increases) - all without the constitutionally required vote of the people, as set forth in the Colorado Constitution.

This year, state legislators also exploited the “Mill Levy Tax Freeze” ruling to increase your tax burden by playing word games with your constitutional rights-insisting that eliminating a tax credit or exemption (the “Dirty Dozen” tax increase bills) does not “change tax policy” and therefore does not require your approval by a vote (despite the clear language of the Colorado Constitution to the contrary).

Our homes and businesses are also less safe from seizure by abuses of eminent domain powers, and the courts are grabbing more power from our elected legislators and local governments accountable to the citizens (arrogantly claiming powers to draw up Congressional districts, even deciding how much funding is “appropriate” for schools-overriding the “checks and balances” that keep judges from raising taxes).

This Supreme Court recognizes no limits on its power. This majority has arrogated to itself the ultimate power to decide all legal or policy questions in the state. For them, their word is law - according to them, the Constitution is what they say it is.

They are wrong. Our Constitution was written and adopted specifically to limit the scope and power of government - to restrain government, not to give the Colorado Supreme Court free reign over the rights of citizens.

Our system relies on the certainty that the law means what it says - that legal precedent and established rights cannot be overturned on a whim or “interpreted” out of existence. Our Constitution is like our rulebook for government, restricting what they can, and can’t, do to us. Our courts - especially our highest courts - are supposed to be the defenders and guardians of our rulebook, and our rights. To use a sports analogy, judges should be referees, not players - applying the law as written equally and fairly to all, not making up new rules as they go along.

However, the Constitution alone is powerless - mere words on paper - to defend our rights and limit government powers without the vigilance and action of CITIZENS - We the People. Inform yourself on what the Constitution actually says - it’s your law, not theirs - and not nearly so complicated as they would have you believe. “The ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it.” (U.S. Supreme Court Justice Felix Frankfurter, Graves v. New York, 1939)

Colorado Supreme Court justices are, and must be, accountable - to the law, to the Constitution and ultimately to the citizens of Colorado (We the People). Retention elections are the only mechanism by which the people of Colorado can hold our Supreme Court justices accountable.

Around the country, citizens are displaying a renewed interest in the American founding, and in the foundational documents (the Declaration of Independence and the U.S. Constitution) that established our system of government and laid the framework for unmatched freedom, prosperity and progress. It is no accident that constitutional limits on government power have enabled a free people to unleash their drive and creativity, and create the greatest nation in history.

Let’s Clear The Bench, Colorado!

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, 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 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!

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the recent announcement by Chief Justice Mullarkey that she would retire rather than be held accountable by Colorado voters - in Saguache Friday evening starting at 6:00PM, continuing a tour of southwest Colorado this week (other stops include Buena Vista Tuesday, Gunnison on Wednesday, and Montrose on Thursday, respectively).

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

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, 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 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!

Yesterday’s publication of the Colorado Office of Judicial Performance Evaluation  ”Judicial Performance Reviews” for 2010 surprised absolutely no one in the state by continuing a decades-long pattern of ‘rubberstamping’ retention recommendations for nearly all (but one) of the Colorado judges and justices subject to voter accountability on the ballot this November.  True to form, the commissions maintained their pattern of recommending a “retain” vote in 99% of the retention questions on the ballot (actually slightly increasing their historic average of 98.5% to 99.25% “retain” recommendations this year).

The State Commission on Judicial Performance (the commission “reviewing performance” of Colorado Supreme Court justices and Colorado Court of Appeals judges) continued their decades-long pattern of 100% “retain” recommendations by endorsing incumbent Colorado Supreme Court justices Bender, Martinez, and Rice despite their consistent pattern of disregarding clear constitutional language in a succession of rulings (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, among others).

Have the commissions completely lost all remaining shreds of credibility?  Many commenters believe so…

Although the commissions (and the non-transparent, unaccountable and political insider-dominated “performance review” process that has served to protect the incumbent judicial officeholders) have their defenders, as exemplified by a recent Denver Post guest commentary (”Criticism of retiring Judge (sic) Mullarkey unfair“) and the “usual suspects” such as the bar associations, trial lawyers associations, and other legal profession advocacy groups (such as the Grueskin group formed to defend Colorado Supreme Court incumbents and oppose the growing influence of Clear The Bench Colorado), an increasing number of Colorado Citizens are beginning to question the commission’s legitimacy and are looking behind the curtain - demanding greater transparency and accountability from our government.

Clear The Bench Colorado has been critical of the lack of substantive information provided by the “Judicial Performance Review” commissions (c.f.  Accountability, Transparency apply to the Colorado Supreme Court, too) as have other independent analysts (for example, this article published by the Denver Post, “Evaluating the performance of justices“, back in February).  As noted previously,

The reports issued on each judicial officeholder by the commissions (and appearing in the “Blue Book”) take the form of a “narrative” which by rule “shall consist of 5 short paragraphs totaling not more than 500 words” - only one of which (paragraph 4) may even address “description of the performance of the justice or judge” at all!  The remaining paragraphs (the bulk of the “evaluation”) list the commission recommendation, including vote (1); describe “biographical data” (2); list “previous employment” (3); and conclude with a catch-all mostly devoted to survey statistics (5).

The narratives are heavily biased towards retention of incumbents; rules restrict the recommendations based on results of questionnaires distributed to a select group (predominantly other judges, attorneys, and a very limited number of people actually appearing before the highest court).  Also, the incumbents under “evaluation” have the opportunity to respond to the draft narrative and request changes prior to publication (wouldn’t you like the chance to re-write your own job review?)

What does eventually appear in the “Blue Book” is so watered down and lacking in substance that it’s almost impossible to make any distinction between ‘excellent’ and ‘poor’ judicial performance.  In fact, if anyone thinks that these reviews are helpful in evaluating appellate court judges and justices, please let me know - and explain how they helped you “judge the judges.”

Reviewing this year’s “performance review” narratives on the Colorado Supreme Court justices subject to voter retention this year, it is difficult (if not impossible) to discern just how the commission reached the conclusion to “retain” these justices in office for another 10-year term.

Take, for example, the commission’s “review” of Colorado Supreme Court Justice Michael Bender.  The one short paragraph (of five total) actually purporting to address Bender’s “performance” on the bench includes the following:

Several attorney comments reflected concern that Justice Bender’s opinions are result oriented. The judges surveyed indicate that Justice Bender’s performance is somewhat weaker for refraining from reaching issues that need not be decided, making reasoned decisions, and being fair and impartial…  some opinions are overly detailed and difficult to follow.

Opinions that are “results-oriented” (i.e. textbook definition of judicial activism) and “difficult to follow” while “reaching issues that need not be decided” (again, judicial activism) while receiving weak ratings for “making reasoned decisions, and being fair and impartial…”  What’s not to like?  Clearly, a ringing endorsement for a “retain” vote.

Colorado Citizens deserve better.  Most importantly, Clear The Bench Colorado agrees with critics of the commission “reviews” (see “Judging Colorado’s Supreme Court justices” letter to the editor)  that voters need “relevant, substantive and vigorous information” - based on “the written decisions of the court” - in order to make an informed decision on whether to retain, or NOT to retain, the three out of the seven justices on the Colorado Supreme Court who will be on the ballot this November.   Based on our analysis of the most impactful decisions rendered by these Colorado Supreme Court justices during their tenure - led by the “Mill Levy Tax Freeze” property tax increase case, the “fees are not taxes” case, the“Telluride Land Grab” eminent domain abuse case, the ‘Lobato’ school funding case, and the judicial usurpation of legislative authority in the Congressional redistricting case, among others - the verdict is clear: these unjust justices deserve a resounding “NO” vote in the November elections.

Become an informed voter; conduct your own evaluation of the performance of these justices, based on how (and whether) they follow the Constitution and uphold the rule of law.  Armed with information, Yes, you can exercise your right to vote “NO” on the four (er, now three) ‘unjust justices’ of the Mullarkey Majority (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 homes and business from seizure by abuse of eminent domain, and your right to enjoy the benefits of the rule of law, instead of rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices in the November elections!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America and is profoundly affecting Colorado Politics in this year and beyond…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009 - we’re back for more in 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the recent announcement by Chief Justice Mullarkey that she would retire rather than be held accountable by Colorado voters - in Gunnison Wednesday evening starting at 6:00PM, continuing a tour of southwest Colorado this week (other stops include Buena Vista Tuesday, Montrose on Thursday, and Saguache on Friday, respectively).

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

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, 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 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!

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the recent announcement by Chief Justice Mullarkey that she would retire rather than be held accountable by Colorado voters - at the Centennial Peaks Republican Women (American Legion Hall, Buena Vista) event Tuesday starting at 6:00PM, kicking off a tour of southwest Colorado this week (other stops include Gunnison, Montrose, and Saguache, respectively).

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

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, 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 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!

Political enemies of Attorney General John Suthers are STILL attempting to use his principled (albeit uncharacteristically bold) statement that he would vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot (Justices Michael Bender, Alex Martinez, & Chief Justice Mary Mullarkey) as a political club with which to rhetorically beat him - continuing to propagate knowingly false statements accusing him of partisan bias in his pronouncement.

State Senator Morgan Carroll - appearing at a nonpartisan gathering of politically-interested people at Liberty On The Rocks (Red Rocks) - stuck by her earlier accusation against Attorney General John Suthers of “partisan bias” and her call for his impeachment when challenged to defend her statement.

While Senator Carroll is certainly entitled to her own opinion, she does NOT get to pick her own facts - her attack on the Attorney General intentionally misrepresented his statement in order to score political points.  In other words - as previously noted in this space -  she lied.

Senator Morgan Carroll - a Democrat, and therefore presumably a political enemy of Republican Attorney General Suthers - asserted in a blog post entitled “The Role of the Attorney General” that the AG stated

he would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.

The proper measure for retention of a judge is their judicial performance - not political party.  The Judicial Performance Commission makes these reports available on non-partisan criteria pertaining the experience of lawyers, parties and public with the Judges.

For the states highest law enforcement officer to call for a partisan purge and partisan stacking of the bench raises serious questions.

We need to protect the importance of this office to ensure that it does not get subverted to a partisan agenda on either side…

Carroll’s polemic intentionally misrepresents both the AG’s statement and the rationale for his position, in a blatant attempt at partisan spin.  Suthers did NOT state that he “would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.”  In fact, he stated that he would vote “NO” on 3 of the 4, and “yes” on the other (ALL 4 are Democrat appointments) on the basis of his perception of the constitutionality of their rulings, NOT their partisan affiliation.  Accusations of a “partisan purge and partisan stacking of the bench” are knowingly false statements - perhaps the AG has grounds for a libel suit against Sen. Carroll?

We can assert with confidence that Carroll’s statement was knowingly false not only because she cited as the source for her attack the Post article  (AG Suthers may not back 3 on state Supreme Court) which, although itself containing some spin, accurately reported the AG’s statement.

We can also assert with confidence that Carroll knows the facts because we told her so - commenting on her post (which comment she refused to publish - OK, her site, her rules - CTBC also moderates comments, but allows both positive and negative comments to be published) and now in person.

Our response to Senator Carroll’s possibly libelous, certainly disingenuous statement:

Senator Carroll: Clear The Bench Colorado agrees with your statement that “The proper measure for retention of a judge is their judicial performance - not political party.”  Unfortunately, the Judicial Performance Commission reviews - despite the generally good intentions of the participants in the process - have NOT provided an effective, substantive evaluation of the performance of our courts, particularly at the highest levels.

The Denver Post article has done readers a disservice by casting the retention elections in partisan terms. This is absolutely NOT a partisan issue - we can (and apparently do) agree on that.  Rather,it is a matter of the justices upholding the Constitution and the rule of law (important to ALL parties).

Also, it is inaccurate to assert that the Attorney General stated that “he would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.”  In fact, he stated that he would vote “NO” on 3 out of the 4 justices appointed by Governor Romer (and would vote yes on Justice Nancy Rice). The Denver Post article said as much.

We need to protect the importance of our highest court to ensure that is does not get subverted to a partisan agenda on either side. Unfortunately, at least 3 out of the 4 justices (CTBC would argue that it’s 4 for 4) have consistently displayed in their rulings that they endorse such a role for the judiciary.  This behavior should not be tolerated from our justices - vote “NO” on their retention in November 2010. Clear The Bench, Colorado!

Clear The Bench Colorado exists not to attack our institutions, but to defend them - including the “Missouri Plan” that mixes judicial appointments with retention elections, in a well-intentioned attempt to minimize politicization of the judiciary.  Unfortunately, the politicization of the Colorado judiciary has long since been perpetrated by the unconstitutional rulings and pursuit of personal agendas by the four (now, three) ’unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, and Nancy Rice - Chief Justice Mary Mullarkey quit rather than be held accountable) who are facing the voters in this November’s retention elections.

Exercise YOUR right to vote “NO” on the 4 ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and 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 homes and business from being seized through eminent domain abuse, and your right to enjoy the benefits of the rule of law, instead of suffering rule by an oligarchy of activist, agenda-driven “justices.”  Please help support Clear The Bench Colorado with your own comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in November 2010!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

Clear The Bench Colorado Director Matt Arnold discussed the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level) - deciding how YOU will be represented in Congress and in the Colorado Legislature - on the Jon Caldara radio show Wednesday May 12th.

Clear The Bench Colorado Director Matt Arnold also discussed the recent formation of a heavily-funded (but unaccountable to the public) organization formed specifically to defend incumbent judges as a counter to the growing momentum and success of Clear The Bench Colorado in raising public awareness of the issue of judicial accountability, as well as the “cheap political stunt” of the groundless “campaign finance complaint” filed by the left-wing attack group “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) and the Colorado Secretary of State office’s characterization of the CEW complaint and CEW Director Luis Toro’s comments as “disingenuous” (which is a polite way of saying, “lying through his teeth”).

Listen to the podcast of the show

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - exercise your right to vote “NO” this November on the four ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and 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 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.”  Support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on giving these unjust justices another 10-year term!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America and is profoundly affecting Colorado Politics in this year and beyond…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009 - we’re back for more in 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

The Grassroots Revival continues.  Clear The Bench Colorado Director Matt Arnold is speaking this evening (Monday) at the Broomfield 9.12 Project meeting at the Wildgrass Clubhouse in Broomfield starting at 7:00PM.

Join Clear The Bench Colorado and the Grassroots Revival in restoring “power to the people” - get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court’s Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and - last but not least - Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to vote on tax increases, your right to defend your home and business against eminent domain abuse, and your right to enjoy the benefits of the rule of law, not suffer under rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your voice (Sound Off!),  your contributions, and your “NO” vote to remove these unjust justices on election day this November!