Colorado Reapportionment Commission

2011 Year in Review: Colorado Courts Continue to Play Politics

Published January 1, 2012 | By CTBC Director

Colorado Courts Continue to Play Politics in 2011…

Another tumultuous year has come and gone for the Colorado judiciary – and once again, Colorado Citizens and taxpayers have been hammered by the gavels of Colorado judges pounding their personal preferences over the will of the people – and the rule of law.

Last year closed with Colorado being declared a “judicial hellhole” by a national judicial evaluation organization (one of only three state supreme courts nationwide to qualify for the “honor”, joining Michigan and perennial favorite West Virginia in being so recognized).  The 2011 legislative session failed in repealing all but two of 2010’s unconstitutional “Dirty Dozen” tax increases (facilitated by the Colorado Supreme Court) or the even more onerous 2009 “FASTER” Colorado Car Tax legislation (aided and abetted by yet another anti-constitutional ruling by the Colorado Supreme Court’s “Mullarkey Majority” enabling taxes to masquerade as “fees”), and even almost passed another tax increase (the “movie-ticket tax“) attempting to exploit the court’s creation of anti-TABOR “loopholes.”

Spring and Summer was dominated by legislative battles over congressional redistricting (sadly, the state senate reprised the 2000 playbook of abdicating responsibility to send it to the courts) and the Colorado Reapportionment Commission’s public hearings on re-setting the boundaries of our state legislative districts.  Both issues came to a head in court battles during the Fall, with the Colorado Supreme Court’s ultimate decision in both cases (determining the political shape of Colorado for the next decade) coming in early December (December 5th & December 12th, respectively).

Colorado courts were also a central battlefield for Education policy, as one Denver District judge threw out Douglas County’s attempts to enable greater school choice, and another Denver District judge declared the state system of funding schools “unconscionable” while advancing the power of the courts to determine “proper” levels of school funding (despite the Constitution’s delegation of that power to the legislative branch) – although that decision is likely to be overturned after an expensive (and long) appeal to the Colorado Supreme Court.

In fact, 3 out of 4 “Top Colorado Political Stories of 2011” directly involve Colorado’s politicized judiciary (and the remainder, the voter rejection of tax increases at the ballot box, is juxtaposed against yet another court-approved tax increase the day before the vote):

  1. Redistricting/Reapportionment
  2. Failure of Prop 103
  3. Lobato decision
  4. Douglas County school vouchers

Cases such as Lobato – particularly Rappaport’s biased ruling – and the politicized nature of the court’s involvement in the congressional redistricting and state legislative reapportionment cases – highlight the importance of fair and impartial courts and of judges who exercise proper restraint (in accordance with the rule of law) in considering – let alone deciding – issues of policy more appropriate for the elected, representative branches of government.  Our courts have an important – even vital – role to play in our society and system of government. Deciding issues of policy – instead of fairly and impartially upholding the law – is not it.

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Friday Funnies: …and a Leftist Judiciary! (reprise)

Published December 23, 2011 | By CTBC Director

Welcome to the 2011 Christmas edition of the Clear The Bench Colorado Friday Funnies!

Another tumultuous year has come and gone for the Colorado judiciary – and once again, Colorado Citizens and taxpayers have been hammered by the gavels of Colorado judges pounding their personal preferences over the will of the people – and the rule of law.

Last year closed with Colorado being declared a “judicial hellhole” by a national judicial evaluation organization (one of only three state supreme courts nationwide to qualify for the “honor”, joining Michigan and perennial favorite West Virginia in being so recognized).  The 2011 legislative session failed in repealing all but two of 2010′s unconstitutional “Dirty Dozen” tax increases (facilitated by the Colorado Supreme Court) or the even more onerous 2009 “FASTER” Colorado Car Tax legislation (aided and abetted by yet another anti-constitutional ruling by the Colorado Supreme Court’s “Mullarkey Majority” enabling taxes to masquerade as “fees”), and even almost passed another tax increase (the “movie-ticket tax“) attempting to exploit the court’s creation of anti-TABOR “loopholes.”

Spring and Summer was dominated by legislative battles over congressional redistricting (sadly, the state senate reprised the 2000 playbook of abdicating responsibility to send it to the courts) and the Colorado Reapportionment Commission’s public hearings on re-setting the boundaries of our state legislative districts.  Both issues came to a head in court battles during the Fall, with the Colorado Supreme Court’s ultimate decision in both cases (determining the political shape of Colorado for the next decade) coming in early December (December 5th & December 12th, respectively).

Colorado courts were also a central battlefield for Education policy, as one Denver District judge threw out Douglas County’s attempts to enable greater school choice, and another Denver District judge declared the state system of funding schools “unconscionable” while advancing the power of the courts to determine “proper” levels of school funding (despite the Constitution’s delegation of that power to the legislative branch) – although that decision is likely to be overturned after an expensive – and long – appeal to the Colorado Supreme Court.

Although remaining mindful that what’s at stake – holding our judiciary accountable for serial violations of our constitutional rights (to vote on taxes, even when taxes are called “fees”; defend our property against unjust seizure; bear arms in self-defense; and too many others to list) is serious business, all work and no play makes Matty a dull boy.

Although still awaiting payment a year later after “Colorado Ethics Watch” (CEW, pronounced “sue” – it’s what they do) was once again ordered to pay Clear The Bench Colorado thousands of $ in legal fees (owed since the judge’s original ruling in July found their complaint “frivolous, groundless, & vexatious”) brings a rueful chuckle, the following video (even if focused on the national level) elicited a hearty laugh:

…and a Leftist Judiciary!

While still afflicted with the (black-robed) ghosts of Christmas past in our Christmas present, we can still act to save our Christmas future. Continue to support Clear The Bench Colorado with comments (Sound Off!) and contributions. Freedom isn’t free – nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Friday Funnies: This Time, the Joke’s on all of You – Colorado’s Congressional and State Legislative District Maps

Published December 16, 2011 | By CTBC Director

The long saga of Colorado’s Congressional redistricting and state legislative district reapportionment has been decided for the next decade by the Colorado Supreme Court in a pair of recent rulings (ruling to uphold Denver District Court Judge Robert Hyatt’s ruling on Congressional Redistricting December 5th, then ruling to uphold the Colorado Reapportionment Commission’s resubmitted state legislative district maps on December 12th).

Over a million Colorado citizens weren’t laughing when they discovered they’d been moved into new Congressional districts by court order, and even more Colorado voters didn’t get the joke when they were shuffled into new (and at times bizarrely formed) state legislative districts, either – contrary to the views expressed by countless individuals who’d testified at many hearings over the summer (one round of hearings in June, followed by another round of public hearings on maps incorporating public comment and testimony throughout the month of August) and contrary to the objections raised by numerous city and country governments filing legal challenges against the commission’s constitutionally suspect maps.

However, even in the aftermath of such tectonic shifts in Colorado’s political landscape, there’s some humor to be found – as illustrated by the following political cartoon, courtesy of Benjamin Hummel (creator of Politix Cartoons):

Redistricting

“Benjamin Hummel, the creator of Politix Cartoons, is the greatest conservative political cartoonist within a one mile radius of his studio in Golden, Colorado. Outside that, his work has been republished on several blogs, including JonCaldara.com, PoliticalLore.com and PARitzer.com. As a member of the American Association of Editorial Cartoonists, his work has also been published in several textbooks and university handbooks across the nation, and his blog Politixcartoons.com has an international following.”

REFERENCE:

In response to numerous requests and for handy reference, links to Colorado’s Congressional District and state legislative district maps are posted below:

Congressional District map:

Congressional Districts-statewide

(DETAIL: the Denver Post has created a “find your congressional district” application)

State legislative district maps:

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Supreme Court approves state legislative district maps resubmitted by Colorado Reapportionment Commission

Published December 12, 2011 | By CTBC Director

The Colorado Supreme Court today approved the state legislative district maps re-submitted by the Colorado Reapportionment Commission last week (adopted in a procedurally suspect manner on a 6-5 party-line vote, with “unaffiliated” Chairman Mario Carrera joining the commission’s other Democrats).

The Colorado Supreme Court’s decision is surprising, since the court had previously rejected the commission’s earlier maps for constitutional deficiencies less stark than those exhibited by the commission’s re-submitted maps.

Given the constitutional deficiencies remaining in the Colorado Reapportionment Commission’s re-submitted maps, the procedural travesty by which the maps were adopted, and the availability of a more constitutionally-consistent alternative set of maps submitted as part of the ‘Minority Report’ appeal (which the majority commissioners had attempted to suppress), rejection of the commission’s maps – particularly given the court’s rejection of the commission’s previous set of constitutionally-deficient maps – appeared to be the only outcome consistent with constitutional and statutory criteria.

It will be interesting to analyze the reasoning by which a majority on the Colorado Supreme Court reached the conclusion that these maps were constitutionally valid once the court issues its full written opinion, which should follow within a week or so.

BOTTOM LINE:

The resubmitted maps retain a veritable plethora of constitutional deficiencies (in particular, failing to achieve the minimal splits in county lines, which was the primary rationale for the court’s rejection of the commission’s previous maps).  Municipal (city) splits were also multiplied, districts were not drawn to be as “compact and contiguous” as possible, and communities of interest were ignored or broken up. Additionally, the pairing of multiple incumbents into the same district raises additional constitutional issues – and one just-discovered “glitch” (”Glitch in new Colorado legislative map could unseat senator“) in the maps would result in “essentially airbrushing [State Senator Tim Neville] from the Senate after he serves next session.”

The ‘Minority Report’ challenge ably deconstructs the constitutional deficiencies of the commission’s re-submitted maps, and presents an alternative set of maps which better meet constitutional criteria (urging the adoption of the alternate maps by court order, per precedent established under similar circumstances several decades ago, as the best and most timely option).

The court’s decision is all the more surprising given the more centrist makeup of the current Colorado Supreme Court (following the departure of former Chief Justice Mary Mullarkey and the more recent resignation of Justice Alex Martinez, replaced with Justices Monica Marquez and Brian Boatright, who just assumed his seat last week), and in the face of a set of legislative maps that were seemingly designed “out of spite” and apparently “calculated to antagonize the court.”

Unfortunately, it is possible that politics trumped law in this highly-charged case.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Reapportionment Commission ‘Minority Report’ filed as challenge to legislative district maps in Colorado Supreme Court

Published December 9, 2011 | By CTBC Director

The Colorado Reapportionment Commission (charged with drawing our state legislative districts) officially submitted state legislative district maps rammed through on a party-line vote last week (6-5, with technically unaffiliated Chairman Mario Carrera joining the commission’s other Democrats) to the Colorado Supreme Court for review late Monday (6 December).

The Colorado Supreme Court, upon receiving the commission’s resubmitted maps, quickly announced accelerated filing deadlines for the inevitable legal challenges to the maps, putting appeals on a very tight timeline.  A total of eighteen groups filed briefs by the 5:00PM Thursday deadline (exceeding the dozen briefs, including eleven challenges, filed against the commission’s previously submitted maps - maps ultimately rejected by the Colorado Supreme Court for failure to meet Colorado’s constitutional requirements).

UPDATE:

The “minority” commissioners on the Colorado Reapportionment Commission – denied a fair procedural hearing and opportunity to discuss changes, submit amendments, or even file a dissenting ‘Minority Report’ (per standard practice in past commissions) as part of the commission’s official resubmission of state legislative district maps – filed their ‘Minority Report’ as a separate legal challenge to the “official” commission maps just prior to the filing deadline yesterday.

The fact that the commission’s minority was actually forced by the Democrat majority (including officially unaffiliated chairman Mario Carrera) to file their Statement of Opposition to the re-submitted maps as a legal challenge highlights the procedurally deficient path by which the maps were rammed through the commission, as well as remaining constitutional deficiencies in the re-submitted maps:

The intentional actions of the six-member majority created an irrevocably flawed process that led to adoption of unconstitutional maps

The commissioners’ ‘Minority Report’ filing also presents alternate maps for both House and Senate that better meet constitutional criteria and non-constitutional factors, including:

  • fewer county splits
  • fewer city splits
  • better preservation of communities of interest
  • better “competitiveness” (as a whole, and by district)
  • avoiding incumbent same-district pairings
  • avoiding unconstitutional sequencing of senate district elections

As a remedy to both the procedural failings of the commission’s adoption of the re-submitted maps, and the constitutional deficiencies of the maps themselves, the ‘Minority Report’ challenge urges the Colorado Supreme Court to adopt the alternate maps submitted as the most appropriate and timely remedy – for which there is precedent (“In re Reapportionment 1982, 647 P.2d 209, 213 (Colo. 1982).”)

Because the Court is not presented with plans that are “each consistent with the constitutional requirements,” it is not faced with a choice between alternative, competing maps.  Instead, because it is left with only one set of maps consistent with the constitutional criteria, a set drawn by members of the Commission, it is appropriate for the Court to [order] adoption of those alternate maps.

BOTTOM LINE:

The resubmitted maps retain a veritable plethora of constitutional deficiencies (in particular, failing to achieve the minimal splits in county lines, which was the primary rationale for the court’s rejection of the commission’s previous maps).  Municipal (city) splits were also multiplied, districts were not drawn to be as “compact and contiguous” as possible, and communities of interest were ignored or broken up. Additionally, the pairing of multiple incumbents into the same district raises additional constitutional issues – and one just-discovered “glitch” (”Glitch in new Colorado legislative map could unseat senator“) in the maps would result in “essentially airbrushing [State Senator Tim Neville] from the Senate after he serves next session.”

The ‘Minority Report’ challenge ably deconstructs the constitutional deficiencies of the commission’s re-submitted maps, and presents an alternative set of maps which better meet constitutional criteria (urging the adoption of the alternate maps by court order, per precedent established under similar circumstances several decades ago, as the best and most timely option).

Particularly given the more centrist makeup of the current Colorado Supreme Court (following the departure of former Chief Justice Mary Mullarkey & the more recent resignation of Justice Alex Martinez, replaced with Justices Monica Marquez and Brian Boatright, who just assumed his seat last week), the court would seem likely to order the adoption of the more constitutionally-consistent ‘Minority Report’ map over the ratification of a set of legislative maps seemingly designed “out of spite” and apparently “calculated to antagonize the court.”

In any event – we expect that the Colorado Supreme Court’s reply will not be long in waiting.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Reapportionment Commission legislative district maps draw challenges, supporters before Colorado Supreme Court

Published December 8, 2011 | By CTBC Director

The Colorado Reapportionment Commission (charged with drawing our state legislative districts) officially submitted state legislative district maps rammed through on a party-line vote last week (6-5, with technically unaffiliated Chairman Mario Carrera joining the commission’s other Democrats) to the Colorado Supreme Court for review late Monday.

The Colorado Supreme Court, upon receiving the commission’s resubmitted maps, quickly announced accelerated filing deadlines for the inevitable legal challenges to the maps, putting appeals on a very tight timeline.  A total of eighteen groups filed briefs by the 5:00PM Thursday deadline (exceeding the dozen briefs, including eleven challenges, filed against the commission’s previously submitted maps – maps ultimately rejected by the Colorado Supreme Court for failure to meet Colorado’s constitutional requirements).

Many of the same county and municipal governments that had challenged the commission’s previous maps did so again, on much the same grounds – emphasizing the repeated failure of the maps to meet the Colorado constitutional criteria of minimizing county and municipal splits, maintaining compact & contiguous districts, and preserving communities of interest. (Article V, Section 47)

Interestingly, a number of non-governmental special interest groups filed amicus curiae briefs in support of the commission’s maps – including representatives of the AFL-CIO, NARAL Pro-Choice Colorado, Planned Parenthood, Mi Familia Vota & “New Era Colorado” (a Boulder-based “progressive” group).

No county or city governments filed amicus curiae briefs in favor of the commission’s maps (one county, Garfield County, filed a “does not oppose” brief)

Briefs filed in Response to 12/5/11 Plan Resubmission (Opposing):

Briefs filed in Response to 12/5/11 Plan Resubmission (Does Not Oppose):

Briefs filed in Response to 12/5/11 Plan Resubmission (Supporting):

Once receiving written briefs, the Colorado Supreme Court would normally schedule oral arguments; however, due to the extremely constrained timeline (by statute, final state legislative district maps are due to the Secretary of State for certification no later than next Wednesday, 14 December), the court could conceivably issue a decision based on the written briefs alone as early as Friday (9 December) or even over the weekend, in order to allow time for any necessary adjustments.

BOTTOM LINE:

The resubmitted maps retain a veritable plethora of constitutional deficiencies (in particular, failing to achieve the minimal splits in county lines, which was the primary rationale for the court’s rejection of the commission’s previous maps).  Municipal (city) splits were also multiplied, districts were not drawn to be as “compact and contiguous” as possible, and communities of interest were ignored or broken up. Additionally, the pairing of multiple incumbents into the same district raises additional constitutional issues – and one just-discovered “glitch” (”Glitch in new Colorado legislative map could unseat senator“) in the maps would result in “essentially airbrushing [State Senator Tim Neville] from the Senate after he serves next session.”

It would be absolutely inconsistent of a majority on the Colorado Supreme Court to approve the commission’s most recently resubmitted state legislative maps in light of these glaring constitutional deficiencies (not to mention the procedural farce by which these maps were rammed through the commission absent discussion, opportunity for amendments, public transparency, or even the inclusion of an official ‘Minority Report’ as has happened in the past).

Particularly given the more centrist makeup of the current Colorado Supreme Court (following the departure of former Chief Justice Mary Mullarkey & the more recent resignation of Justice Alex Martinez, replaced with Justices Monica Marquez and Brian Boatright, who just assumed his seat last week), the commission’s approval of a set of legislative maps seemingly designed “out of spite” and apparently “calculated to antagonize the court” may succeed in making history.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Reapportionment Commission files new state legislative maps with Colorado Supreme Court; appeals on tight timeline

Published December 6, 2011 | By CTBC Director

The Colorado Reapportionment Commission (charged with drawing our state legislative districts) officially submitted state legislative district maps rammed through on a party-line vote last week (6-5, with technically unaffiliated Chairman Mario Carrera joining the commission’s other Democrats) to the Colorado Supreme Court for review late Monday.

The Colorado Supreme Court, upon receiving the commission’s resubmitted maps, quickly announced filing deadlines for the inevitable legal challenges to the maps, proceeding this week on a very tight timeline (briefs are due to the court by this Thursday at 5PM):

Counsel and Parties to 11SA282 –  In Re Reapportionment of the Colorado General Assembly

The Reapportionment Commission has filed its Resubmitted Plan for Districts for the Senate and House of Representatives with the Court Today, December 5, 2011, in advance of the deadline set forth in the Court’s Order of November 15, 2011.

Accordingly, the Supreme Court has Ordered that the Simultaneous Briefs are now due from the Proponents and Objectors in this matter no later than Thursday, December 8, 2011 at 5:00 PM.  A copy of the order being mailed out today is attached for your perusal.

The court order was mailed out to each of the attorneys representing the eleven challenges to the commission’s previously submitted state legislative maps (the Colorado Supreme Court rejected the earlier maps and sent them back to the commission for a re-write).  Additional interested parties – either for or against the maps – may also “intervene” by filing briefs before the deadline as well.

Once receiving written briefs, the Colorado Supreme Court would normally schedule oral arguments; however, due to the extremely constrained timeline (by statute, final state legislative district maps are due to the Secretary of State for certification no later than next Wednesday, 14 December), the court could conceivably issue a decision based on the written briefs as early as Friday (9 December) or even over the weekend, in order to allow time for any necessary adjustments.

BOTTOM LINE:

The resubmitted maps retain a veritable plethora of constitutional deficiencies (in particular, failing to achieve the minimal splits in county lines, which was the primary rationale for the court’s rejection of the commission’s previous maps).  Municipal (city) splits were also multiplied, districts were not drawn to be as “compact and contiguous” as possible, and communities of interest were ignored or broken up. Additionally, the pairing of multiple incumbents into the same district raises additional constitutional issues – and one just-discovered “glitch” (“Glitch in new Colorado legislative map could unseat senator“) in the maps would result in “essentially airbrushing [State Senator Tim Neville] from the Senate after he serves next session.”

It would be absolutely inconsistent of a majority on the Colorado Supreme Court to approve the commission’s most recently resubmitted state legislative maps in light of these glaring constitutional deficiencies (not to mention the procedural farce by which these maps were rammed through the commission absent discussion, opportunity for amendments, public transparency, or even the inclusion of an official ‘Minority Report’ as has happened in the past).

Particularly given the more centrist makeup of the current Colorado Supreme Court (following the departure of former Chief Justice Mary Mullarkey & the more recent resignation of Justice Alex Martinez, replaced with Justices Monica Marquez and Brian Boatright, who just assumed his seat last week), the commission’s approval of a set of legislative maps seemingly designed “out of spite” and apparently “calculated to antagonize the court” may succeed in making history.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Reapportionment Commission rams through post-deadline Democrat maps, bars amendments or Minority Report

Published November 29, 2011 | By CTBC Director

The Colorado Reapportionment Commission (charged with drawing our state legislative districts) rammed through a pair of Democrat-proposed maps for state legislative districts today on a party-line vote (6-5, with officially unaffiliated Chairman Mario Carrera joining the commission’s other Democrats).

Despite the fact that the maps, submitted at 10PM on Sunday before Monday’s 11AM meeting to discuss revised map proposals, were submitted after the commission’s self-imposed Wednesday deadline for new submissions, the commission also voted 6-5 to close debate and discussion, bar any amendments, and suppress a Minority Report including an alternative map that better met constitutional criteria (further reducing the number of city and county splits).

The commission process in these final days has been a sham.

The unseemly haste of the commission’s majority to ram through these highly partisan revised maps (introduced at the 11th hour, with no opportunity for public review or comment) in back-to-back meetings of the commission without discussion, debate, or opportunity for amendment is a shameful chapter in the decennial circus that has characterized the determination of Colorado’s state legislative district boundaries.

As Commissioner Rob Witwer noted, “we’re under obligation – in compliance with the state Constitution and the court order to at least consider a map with fewer county splits.”

Commissioner Gayle Berry (the commission’s lone Western Slope representative) noted that even with the short notice, she’d received “LOTS of input” from people on the Western Slope about the Fv1 House map – “and they are NOT happy” (particularly with the split of Gunnison County).

Commissioner Mario Nicolais was particularly scathing in his indictment of the Fv1 House map, and of the short-circuited process in moving quickly to a vote without allowing discussion or amendments:

This is a politically vindictive map – this places GOP leadership at risk [pairing incumbents]

You want to subvert our state constitution to a matter of procedure… You can roll your eyes at me again, if you wish (to Atencio), but this map is out there – we have seen it, as a commission.

The vote on the Senate maps also proceeded without alternatives, discussion, or debate – passing on a 6-5 party-line vote.

Commissioner Gayle Berry added the following comment to her vote:

Unlike the sentiment expressed earlier by my colleagues, I hope we ARE the 1st commission to be remanded twice. I have concerns about the constitutionality of this map, and my vote is No.

Finally, Commissioner Dolores Atencio introduced a motion to suppress the inclusion of a “Minority Report” with the commission’s submission of the maps to the Colorado Supreme Court for review.

Again, Commissioner Mario Nicolais was scathing in his reply:

I don’t understand why we want to limit what the Court sees; the Court can consider other maps.

If this is just a cover-up, I think you’re going to fail miserably.  Personally, I don’t think the Court will go on [the commission's rules of] procedure and gut the Constitution.

BOTTOM LINE:

The commission has all but guaranteed additional legal challenges to the maps approved in today’s narrow (and partisan) vote.  The commission’s attorneys will definitely require all of the intervening period (cited by Commissioner Atencio as additional justification for rushing the process) to prepare for written and oral arguments before the Colorado Supreme Court, which may take a dim view of the commission’s perversion of the court’s intent in remanding the commission’s map the previous time.

Particularly given the more centrist makeup of the current Colorado Supreme Court (following the departure of former Chief Justice Mary Mullarkey and the more recent resignation of Justice Alex Martinez, replaced with Justices Monica Marquez and Brian Boatright, who just assumed his seat last week), the commission’s approval of a set of legislative maps seemingly designed “out of spite” and “calculated to antagonize the court” may succeed in making history.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Contentious Colorado Reapportionment Commission meeting highlights partisan divide, post-deadline map submissions

Published November 29, 2011 | By CTBC Director

Monday’s meeting of the Colorado Reapportionment Commission (charged with drawing our state legislative district boundaries) opened on a contentious note, with Commissioner Wellington Webb stating, “I don’t like the court’s ruling – I feel that it reduces the commission’s discretion” and failed to improve in tone until the meeting was summarily closed on a motion from Commissioner Dolores Atencio to end debate and bar any additional amendments or changes to the maps previously submitted (the motion passed 6-5, with (unaffiliated) Chairman Mario Carrera joining the 5 Democrat commissioners to overrule the 5 Republican commissioners who wanted to work out a potential compromise set of maps).

The meeting was also characterized by plenty of wrangling over process; the commission had earlier set a deadline of last Wednesday (23 November) for submission of new state legislative maps to the commission staff in order to ensure sufficient time for analysis (and posting on the commission’s website for public viewing).  However, the Democrat commissioners failed to submit and post their version of the maps until 10 PM Sunday evening (a mere 13 hours prior to the commission’s meeting on Monday).

Several commissioners took issue with the late submission of the map, decrying the failure to follow a public process and maintain the transparency established over a full summer schedule of public hearings (beginning with meetings in Denver from 31 May to 25 July, followed by meetings around the state throughout the month of August).

Commissioner Mario Nicolais was particularly incisive in his condemnation of the post-deadline submission of the maps, stating

I think the members who submitted those maps should just… absolutely be ashamed.
It bothers me most not because it’s cheating these commissioners, but because it’s cheating the people of Colorado… you’re cheating them of transparency, it’s unfair.

Commissioners also “cried foul” over the fact that the Democrat maps drew incumbent legislators into the same district.  Curiously, all of the incumbents drawn into the same district are Republicans, including House Majority Leader Amy Stephens, R-Monument paired with Rep. Marsha Looper, R-Calhan; and Senate Minority Leader Bill Cadman, in the same Colorado Springs district as Sen. Keith King. (Other “incumbent pairings” – all GOP – include Bradford/Scott, Sonnenberg/Becker and Nikkel/Delgrosso).

Commissioner Bob Loevy – who had previously argued for the preservation of “competitive” districts in Colorado Springs and had earlier carved out Democrat-leaning districts in that “most Republican of major Colorado cities” – was particularly critical of this aspect of the Democrat maps:

This plan appears to be calculated to antagonize the court… The plan seems to go out of its way to place incumbents in the same district – especially Republicans.

Although it appears likely that the late-submitted (post-deadline) map will be voted out of commission when it meets later today for a vote (beginning Tuesday 29 November at 11:00 AM in Hearing Room A of the Legislative Services Building, located at 200 E. 14th Avenue, Denver CO 80203 – the meeting will also be broadcast online, audio only) it remains to be seen if the issue of violating the ‘public’ process (24-hour notice for “adequate time for the Commission to consider”), disputes over interpretations of constitutional requirements for minimizing county and city splits, and lumping incumbent legislators into the same district will indeed “antagonize the court” into remanding the commission’s maps for an unprecedented second time.  [Ed. we consider it not unlikely, given the changing nature of the court]

UPDATE: WSYS posted video of the meeting (“Colorado Reapportionment Commission Shenanigans“)

The maps under consideration by the commission for a vote today (listed in order of submission) follows:

House Maps:

Senate Maps:

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

Colorado Reapportionment Commission meets today to discuss revisions to state legislative maps rejected by Colorado Supreme Court

Published November 28, 2011 | By CTBC Director

The Colorado Reapportionment Commission (charged with drawing our state legislative districts) meets today (Monday, 28 November) to discuss revisions to the state legislative district maps submitted by the commission, but later rejected by the Colorado Supreme Court, following eleven challenges filed against the maps by county governments and other interested parties.

Today’s meeting, for the purpose of public discussion (by commission members) of revisions to the maps, will be held beginning at 11:00 AM in Hearing Room A of the Legislative Services Building, located at 200 E. 14th Avenue, Denver CO 80203.

The meeting will also be broadcast online (audio only)

The commission will meet again tomorrow (Tuesday, 29 November) same time/location, to vote on the revisions to the state legislative district maps to be re-submitted to the Colorado Supreme Court.

From the Colorado Reapportionment Commission’s information release:

No public testimony will be heard at either of these meetings. However,comments may be submitted by email, letter, or phone call. Please use the following contact information for the commission to submit comments.

Mailing address: 1313 Sherman Street, Suite 122, Denver, CO 80203
Email: reapp2011@state.co.us
Fax: 303-866-3945
Phone: 303-866-3950

The commission will apply the instructions handed down by the Colorado Supreme Court in their ruling (“In re Reapportionment of the Colorado General Assembly”) to comply with Colorado Constitutional requirements (see below) guiding the composition of state legislative district boundaries, in order to generate a set of constitutionally-compliant maps by the court’s deadline of 6 December 2011.

Reference: Audio recording of the Colorado Supreme Court hearing on state legislative reapportionment (9 November 2011)

Colorado Constitutional Requirements:

  • Equal population (with no more than 5% deviation;  ideal district size – Senate: 143, 691; House: 77,372) (Colorado Constitution Article V, Section 46)
  • Counties cannot be split unless necessary to achieve equal population between districts

Except when necessary to meet the equal population requirements of section 46, no part of one county shall be added to all or part of another county in forming districts.  Article V, Section 47(2)

  • Municipalities may not be split unless necessary to achieve equal population between districts (Article V, Section 47(2))
  • Districts must be as compact and contiguous as possible, and consist of whole precincts

(1) Each district shall be as compact in area as possible and the aggregate linear distance of all district boundaries shall be as short as possible. Each district shall consist of contiguous whole general election precincts. Districts of the same house shall not overlap. (Article V, Section 47(1))

  • Finally, communities of interest – ethnic, economic, cultural, demographic, trade area and geographic – are to be preserved whenever possible

(3) Consistent with the provisions of this section and section 46 of this article, communities of interest, including ethnic, cultural, economic, trade area, geographic, and demographic factors, shall be preserved within a single district wherever possible. (Article V, Section 47(3))

Note that per a previous Colorado Supreme Court ruling (In re: Reapportionment of the Colorado General Assembly, 2002), these criteria are listed in order of priority – i.e. there’s a hierarchy of constitutional criteria which must be satisfied in order for legislative districts to pass constitutional review.

Additional references:

Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts.  We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.

However, we can’t do it alone –  we need your continued support; via your comments (Sound Off!) and, yes, your contributions.  Freedom isn’t free -nor is it always easy to be a Citizen, not a subject.

Ultimately, though – it’s worth the effort.

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