Published by CTBC Director on 02 Sep 2010

Clear The Bench Colorado Director Matt Arnold discusses the Colorado Supreme Court, retention elections, and replacing Chief Justice Mullarkey on SengCenter Radio tonight

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 - tonight on SengCenter Radio starting at 6PM.

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 (er, three now) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, and Nancy Rice; soon 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.”  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!

Published by CTBC Director on 01 Sep 2010

Clear The Bench Colorado continues the Grassroots Revival: discussing the Colorado Supreme Court, judicial retention votes and replacing Chief Justice Mullarkey in Walden tonight

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 herehere, and here) Fall (examples herehereherehere, 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 our legislative district boundaries (including 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 announcement by Chief Justice Mullarkey that she would retire rather than be held accountable by Colorado voters - in Walden Wednesday evening starting at 7:00PM at the River Rock Cafe, continuing a tour of northwest Colorado this week (after being in Steamboat Springs over the weekend, and again earlier today for a special in-studio appearance on the Cari & Rob 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 - 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!

Published by CTBC Director on 01 Sep 2010

Clear The Bench Colorado Director Matt Arnold discusses the Colorado Supreme Court, retention elections, and replacing Chief Justice Mullarkey on the Cari & Rob Show Wednesday

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 - on the Cari & Rob Show Wednesday starting at 11:30AM.

(Listen to the podcast!)

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 (er, three now) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, and Nancy Rice; soon 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.”  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!

Published by CTBC Director on 07 Aug 2010

Living (effectively) without a Constitution in Colorado - courtesy of the Colorado Supreme Court

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!

Published by CTBC Director on 06 Aug 2010

Clear The Bench Colorado presents: judicial retention elections and the Colorado Supreme Court pending Chief Justice Mullarkey’s “retirement” in Saguache tonight

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!

Published by CTBC Director on 05 Aug 2010

Clear The Bench Colorado presents: judicial retention elections and the Colorado Supreme Court pending Chief Justice Mullarkey’s “retirement” in Montrose tonight

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 Montrose Thursday evening starting at 6:00PM, continuing a tour of southwest Colorado this week (other stops include Buena Vista Tuesday, Gunnison on Wednesday, 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!

Published by CTBC Director on 04 Aug 2010

Clear The Bench Colorado continues the Grassroots Revival: discussing judicial retention elections and the Colorado Supreme Court pending Chief Justice Mullarkey’s “retirement” in Gunnison tonight

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 herehere, and here) Fall (examples herehereherehere, 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!

Published by CTBC Director on 03 Aug 2010

Clear The Bench Colorado presents: judicial retention elections and the Colorado Supreme Court pending Chief Justice Mullarkey’s “retirement”

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!

Published by CTBC Director on 12 Jul 2010

Monday Media Week in Review - Colorado Supreme Court, judicial nominations and retention, and Clear The Bench Colorado in the news

Media coverage of the issues of judicial retention (both the performance review process and the upcoming November elections) and the process for reviewing and nominating applicants for judicial appointments (particularly for the Colorado Supreme Court opening created by Chief Justice Mary Mullarkey’s announcement of her intent to retire rather than be held accountable by voters in the November elections) has picked up considerably following the Denver Post’s recent publication of our response (“Demand accountability from judges, too”) to an earlier article bemoaning critiques of the courts (“Criticism of retiring Judge (sic) Mullarkey unfair”).

The Denver Post kicked off the week by acknowledging in print for the first time since February (”Four Colorado Supreme Court justices face a tough vote in elections“) that “four state Supreme Court justices [may not] survive an attempt to remove them from the bench this election” - and obliquely credited Clear The Bench Colorado with raising awareness of the issue:

This election, the group Clear the Bench Colorado is advocating voters reject all four Supreme Court justices up for retention because of rulings it believes are unconstitutional.

(Technically, only three Colorado Supreme Court justices are likely to be subject to a retention vote following Chief Justice Mullarkey’s announced intent to retire, but we’re not going to quibble).  The Denver Post story was also picked up by a number of media outlets across the state, both print and online.

Throughout the week, Law Week Colorado reported on a seeming epidemic of judges at various levels who have announced their intent to leave office rather than stand for retention this year - beginning with Colorado Court of Appeals Judge Sean Connelly (after only 2 years on the bench), followed by Larimer County Court judge Cynthia M. Hartman (also after only 2 years in office) joining the earlier announced retirement of Douglas County Court judge Michelle Ann Marker, bringing the number of announced retirements to four total (including Colorado Supreme Court Chief Justice Mary Mullarkey).  Although four announced retirements in one cycle may not seem to indicate an avalanche of impending judicial vacancies, the pace and timing of the announcements has struck several seasoned observers of the Colorado judiciary as unusual.

Curiously enough, embattled former prosecutors (and current Larimer County District Court judges) Jolene Blair and Terrence Gilmore have NOT elected to leave office, filing paperwork last week declaring intent to run for retention, and will face the voters in November.  Likewise, Colorado Supreme Court Justice Nancy Rice also announced (today) her intent to seek retention in office for another 10-year term.

Another national observer of legal news and affairs (Chicago-based Legal Newsline, a self-described “Internet-based newswire dedicated to 24/7 coverage of state supreme courts and state attorneys general”) joined in with coverage of the upcoming Colorado Supreme Court retention elections from afar (”Group wants lineup of Colorado Supreme Court radically changed“) - demonstrating the national scope of interest in the issue.  (Not to mention that Clear The Bench Colorado has been on the radar of the left-wing Huffington Post and the George Soros funded and “progressively” oriented ‘Justice At Stake’ group for several months already).

Finally, an analyst critiquing a column in yesterday’s Boulder Daily Camera (“Gunning for Guns” by Mike Ellis), which at least presented a defense of constitutional rights by someone admittedly “nervous around guns,” correctly points out (as we have indicated numerous times) that the campus gun bans at Colorado State University and the University of Colorado are matters of state law involving concealed carry (NOT, strictly speaking, 2nd Amendment issues, even following the McDonald v. Chicago “incorporation” decision) and therefore subject to ultimate decision by the Colorado Supreme Court (and not the Supreme Court of the United States).  Lose these cases here in Colorado, and you’ve lost for good.  The commenter notes:

People on both sides of the gun rights/gun control debate (and even people who aren’t particularly interested in the gun rights/gun control debate) need to be clear on what the Supreme Court’s incorporation of the Second Amendment does and doesn’t mean.  In many ways, what it does mean is something that must now be sorted out by the lower courts.  But what it doesn’t mean is very clear-it doesn’t mean that all restrictions on the possession of firearms are now null and void.

The Colorado Supreme Court may very well rule against CU’s gun ban, but it won’t be on the basis of the Second Amendment to the U.S. Constitution; it’ll be on the basis of Colorado state law.

Indeed, a large number of issues are “sorted out” by state-level courts (far more than ever ultimately make it to the Supreme Court of the United States). 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!

Published by CTBC Director on 06 Jul 2010

Clear The Bench Colorado continues the Grassroots Revival - speaking on the Colorado Supreme Court, retention elections, and Chief Justice Mullarkey’s retirement at Estes Park candidate roundup Tuesday

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 - at the Estes Park candidate roundup today (1-3PM).

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!

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