Whew!  The Clear The Bench Colorado crew has had a busy week… time for a humor break.

First, a quick recap of “the week that was”:

Although the “Mary-mandering” bill to enable the legislature to abdicate its constitutional responsibilities for Congressional redistricting to the courts advanced out of the House (where a legislator’s use of the term “Mary-mandering” to - correctly - describe the bill in floor debate raised a bit of a stir) to the Senate this week, it has not (yet!) come to a final vote.  Perhaps just as well, since many of our legislators appear to have little knowledge of how the judges who will be taking over for them in exercising this important responsibility are appointed to the bench.

Fortunately, despite legislative ignorance (and willingness to turn over responsibility to others), there are some good judges out there who apparently believe in exercising their proper role of applying and upholding the law - as a 3-judge panel on the Colorado Court of Appeals overturned the University of Colorado’s illegal ban on licensed concealed carry.

Finally, on the same day (May 5th) as hearing the good news that the Colorado Court of Appeals ruled in favor of upholding state statute, Clear The Bench Colorado received the even better news of an attack (er, “Campaign Finance Complaint”) by the ludicrously misnamed “Colorado Ethics Watch” organization (CEW, pronounced “sue” - it’s what they do).  We’ve enjoyed watching CEW’s “cheap political stunt” and “pathetic political ploy” (as noted by other respectable new organizations) backfire, as their complaint is laughably baseless and without legal merit - and we can think of no greater endorsement of our actual ethical compliance and political effectiveness  (they are scared, aren’t they?) than being attacked by this completely discredited smear group.  (Have they actually ever won a case?)

But on to more important things…

Clear The Bench Colorado celebrity spokespup Nola has been following the news about the oil spill threatening her birthplace (New Orleans) along with the rest of the Gulf Coast with increasing concern.  Witnessing another episode of government ineffectiveness (that time, predominantly city & state government failures - along with a less-than-stellar Federal response - this time, despite lessons learned from Katrina and improvements to our response capabilities, an even worse Federal government failure to act) she decided that she would step up as a private citizen to do her part.

Nola asks, “what are YOU doing to help our country?”

Nola went in for a trim in order to donate her most prolific resource (hair!) to help save the Gulf Coast.  She also collected the hair trimmings of countless canine companions to send in to help - contributing to help form some of the most effective (and eco-friendly) oil-absorptive measures ever designed & used: the “Oil Spill Hair Mat” (for more information on this citizen-designed innovation, and now you can help, check out the “hair mats info” page here).

Become an informed, involved, and active citizen (Nola does her part; can you do less?).  Conduct your own evaluation of ANY official (including judges) asking for your vote, based on how (and whether) they follow the Constitution and uphold the rule of law.  Better informed, Yes, you can exercise your right to vote “NO” on the four ‘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 home or business from eminent domain abuse, your right to fair representation in legislative districts, 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 retaining these unjust justices in the upcoming November elections!

Apropos of absolutely nothing - except that it features a dog (a recurring theme on our “Friday Funnies” installments) and I found it hilarious (”If only everyone saw you the way your dog does…”)

“Dude too supercool…”

Be supercool this November -  exercise YOUR right to vote “NO” on the four ‘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 seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

After two grueling days of testimony by citizens, business owners, workers, and lobbyists before the Senate Finance Committee (which, to its credit, conducted the hearings and heard testimony in a consistently civil manner, in marked contrast to the House Finance Committee), the remaining “Dirty Dozen” tax increase bills (including the much-derided “Candy Tax” bill and the “Doggy Bag Tax” bill) were all moved forward on a party-line vote concluding after midnight Thursday.

Clear The Bench Colorado Director Matt Arnold testified in opposition to these bills on constitutional grounds - since it is clear that each bill represents “a tax policy change…  resulting in a net revenue gain” and therefore, under the Colorado Constitution, requires prior approval by a vote of the people.

The highlight of Wednesday’s testimony - as remarked upon by the Denver-area alternative weekly Westword - was undoubtedly the testimony offered (in absentia) by the Clear The Bench Colorado celebrity spokesdog, Nola:

Don’t let unjust justices take a bite out of your rights - exercise YOUR right to vote “NO” on the four ‘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 seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

From the “any press is good press” files…

Appearing Friday morning to testify against the remaining unconstitutional stealth tax increase bills that had NOT (yet) been rammed through on a party-line vote by the Colorado House Finance Committee over the overwhelming opposition of citizens appearing en masse Wednesday/Thursday (specifically, against House Bill 1195: Suspend Agricultural Sales and Use Tax Exemption (Ferrandino/Heath)), another unconstitutional tax increase on Colorado ranchers and farmers, Clear The Bench Colorado Director Matt Arnold may have crossed a linguistic line in response to abusive conduct by the committee chair, Rep. Joel Judd, in a story that appeared on KMGH-7 nightly news and online:

Witness calls committee chairman an “arrogant SOB”

Responding to repeated interruptions by the chair, who ultimately did not allow the witness to get back to the specifics of the bill being heard before “gaveling down” discussion and closing testimony on the bill (with a malicious, triumphant gleam), it is true that the witness… stated: “You are a rather arrogant SOB, are you not, sir,” as he was leaving the table.

Although the use of the term “arrogant” was, if anything, an understatement (by their conduct and demeanor, Rep. Judd and others clearly do not believe that either element of the term “Civil Servant” should apply to them), the use of the term “SOB” (yes, it was the acronym) was clearly inappropriate.

Clear The Bench Colorado disavows any perceived aspersion on Rep. Judd’s parentage - such was not intended; it’s quite likely that his mother is a sweet little old lady who would be ashamed at his lack of manners and common courtesy.

Clear The Bench Colorado further apologizes to all dogs and dog-lovers throughout the state - particularly the female dogs - for inappropriately associating them with Finance Chairman Rep. Judd.  Clear The Bench Colorado recognizes the foremost qualities of canines as being both loyal & lovable - attributes clearly NOT shared by the House Finance Committee chair.

In all seriousness - it is a sad statement that the media coverage of this ‘linguistic flap’ has focused NOT on the frequently disrespectful, often abusive treatment of citizens (myself least among them) who took time from their jobs, family, and friends to come down to the state Capitol to testify against these dozen distinct assaults on their livelihood, but played up the “if it bleeds, it leads” aspect of the statement by one citizen who dared speak out against the arrogance on display.

Don’t let YOUR voice be “gaveled down” this November - you CAN exercise YOUR right to vote “NO” on the four ‘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 seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Help to Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices!

At the close of a week dominated by news reports inserting partisan spin, additional partisan spin, misrepresentations, and ad hominem attacks, and yet more partisan spin and misrepresentations and finally a correction to the partisan spin surrounding the recent statement by Attorney General John Suthers that he would vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot (Justices Michael Bender, Alex Martinez, and Chief Justice Mary Mullarkey) (whew, all that spinning is enough to make ya dizzy) it’s time for another dose of the Friday Funnies.

(Oh, sure, there was other news - something or other about an earthquake or major tectonic shift in Massachusetts - or was it Haiti? - and a U.S. Supreme Court ruling on 1st Amendment rights, but this is clearly the big news in Colorado).

Apparently the Mullarkey Majority’s unconstitutional rulings have gone so far as to attract the attention of the parody/spoof site The Onion, which recently devoted their daily nationwide radio spot to ridicule the Colorado Supreme Court.

Wow - when The Onion singles you out for ridicule, you HAVE made the big time. 

Congratulations to Justices Michael Bender, Alex Martinez, Nancy Rice, and especially to Chief Justice Mary Mullarkey for making the Colorado Supreme Court a national laughingstock.

Get the last laugh on the Mullarkey Majority - Exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and - last not least - 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 rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices this November!

‘Cry Havoc’, and let slip the Dogs of War! that this foul deed shall smell above the earth…  (Shakespeare, “Julius Caesar”)

OK, we’re not quite talking about the Shakespearean dogs of war - but enemies of your constitutionally guaranteed right to vote on tax increases have been urging the pack of unjust justices that make up the Mullarkey Majority on the Colorado Supreme Court  “Sic ‘em!” on the Taxpayer Bill of Rights (TABOR) for quite some time - and their “foul deeds” certainly do “smell above the earth…”

The latest example of using the courts to take away your rights (instead of defending them) comes to us courtesy of an article (TABOR opponents use courts to defang amendment) in the Durango Herald earlier this week.  The article describes the oh-so-clever attempt by a Colorado trial lawyer to bypass or eliminate your merely “‘procedural’ rights to vote on tax increases” by using a court order to overrule the legislature and the citizens of our state.  If he wins,

“the Legislature would be under a court order to boost school funding. It would have to ask voters for a tax increase, because schools already eat up almost half the state’s tax revenue. If voters don’t approve, the court might have to give the Legislature the power to overrule the voters. That effectively would mean the end of TABOR.”

“Lots of people anticipate that, eventually, we may see this particular scenario,” the lawyer said.

The Colorado Supreme Court’s Mullarkey Majority has already laid the groundwork for this power grab by the courts in a ruling last October (Lobato v. State of Colorado) allowing the lawsuit to go forward, overturning lower courts that had held (correctly) that school funding decisions are a matter of policy - not law - and are therefore the job of elected legislators - not appointed judges - to decide.

Past Supreme Court decisions give him reason to be optimistic. Time and again, the court has limited the effects of TABOR.

In fact, over the past two decades since TABOR’s adoption, the Mullarkey Court has been relentlessly hostile to the Taxpayer’s Bill of Rights - ruling on every opportunity against TABOR (over 13 major cases - and counting) despite the clear language of the law directing that “Its preferred interpretation shall reasonably restrain most the growth of government.”

Most notoriously, the Mullarkey Majority on the Colorado Supreme Court blindsided voters by upholding the blatantly unconstitutional “Mill Levy Tax Freeze” (in reality, an escalating property tax increase) in the Mesa County Board of County Commissioners vs. State of Colorado case in March 2009, and also created a constitutional loophole allowing taxes to masquerade as “fees” (bypassing the voter approval requirement) in the “November Surprise” ruling in 2008 (enabling, among many other new ”fees“, the enormously regressive, unpopular, and painful FASTER Colorado Car Tax increase).

The court narrowly defined “tax-policy change” in the Mesa case, which opened the door for Gov. Bill Ritter to ask for several tax-break repeals this year, including a sales tax on candy and soda.

The mania for new “fees” to extract every last nickel and dime from Colorado citizens has become so pronounced that it’s difficult to even satirize - the reality is often more ridiculous.  Give us a break - “balancing the budget” with extra taxes on candy and soda?

Unfortunately, this relentless assault on our wallets - and our rights - is no laughing matter.  We have witnessed an accelerating erosion of our constitutional protections under the Mullarkey Court - left unchecked, it will only get worse.  MUCH worse.

“The ultimate goal is to figure out how to get rid of TABOR without a vote of the people,” said Sen. Greg Brophy, R-Wray, at a pro-TABOR meeting at the Capitol.

“TABOR… is the only line of defense between working families’ wallets and a massive increase in government spending…  Allowing citizens to vote on how much government they want and how much they are willing to pay for it” is the core of TABOR, without which those in government - such as the unjust justices of the Mullarkey Majority - would recognize NO LIMITS on their power and authority to take whatever they want, in pursuit of whatever goals they want; with YOUR money.

Don’t let the Mullarkey Majority take another bite out of your rights - put some teeth into your self-defense by exercising YOUR right to vote “NO” on the four ‘unjust justices’ of the 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 homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering rule by 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 2010!

It’s perhaps a bit early for a Clear The Bench Colorado Friday Funnies post - but for a good dose of midweek merriment, welcome to our first edition of “Weird Wednesday” news:

It’s a sad day indeed when America must look abroad - to France, of all places - for an example of the courts upholding the rule of law.

Yet France’s Constitutional Council (the equivalent of their Supreme Court) provided just such an example when it ruled last week that a proposed carbon tax violated the French Constitution.  

As Colorado blogger Rossputin (who brought the story to our attention) notes, “It’s remarkable to see the French lead the way with a court upholding their own constitution.  Let’s just hope that our Supreme Court does the same thing…”

However sad it may be to be ”schooled” from abroad, this “French Connection” does highlight the critical importance of the role of the judiciary - and the Supreme Court in particular, either state or Federal - in limiting the abuses of government power.

Our Constitution was written and adopted SPECIFICALLY to limit the scope and power of government - substituting the rule of law for the unchallenged power of the monarchies and tyranny it replaced.

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.

It is OUR Constitution, our law - NOT that of lawyers, nor of the legal profession in general. Our judges - most importantly, our Supreme Court justices - are empowered by us with the specific mandate to defend OUR Constitution.  In a sense, we are their clients - and if they fail to discharge their duty, it is incumbent upon us to do OUR duty and remove them from office.

In Colorado, we have that opportunity this year - to Clear The Bench of FOUR Colorado Supreme Court justices who have repeatedly NOT upheld their oath to support and uphold the Constitution in Colorado.

Don’t let your freedoms get fried - exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the 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 homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering rule by activist, agenda-driven “justices.”  Please help to support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

Happy New Year from Clear The Bench Colorado!

We hope that you will join us in making a New Year’s resolution to work this year towards the ouster of the four Colorado Supreme Court ‘unjust justices’ who continue to take money out of your pocket, erode your constitutional rights, and usurp the powers of other branches of government as they come up for a vote in November’s elections.

Looking forward for 2010, Matt and celebrity spokespup Nola (above) wish our fellow Coloradans a Happy New Year in their not-yet-seized-by-eminent-domain homes (as long as they can still afford the increased taxes to live there) and not too much pain from the second annual increase in their car taxes (er, vehicle registration “fees”).

Make one of your New Year’s resolutions a commitment to improve your political and financial health in 2010 by exercising YOUR right to vote “NO” on the four ‘unjust justices’ of the 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 homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering rule by activist, agenda-driven “justices.”  Please help support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

Merry Christmas from Clear The Bench Colorado!

In the spirit of the season today, no commentary or analysis on Colorado Supreme Court rulings that have taken money out of your pocket, eroded your constitutional rights, or usurped the powers of other branches of government.  No comparisons of the Mullarkey Majority to the Grinch Who Stole Christmas…

Matt and celebrity spokespup Nola (above) just want to wish everyone a happy time at their not-yet-seized-by-eminent-domain homes and a safe, painless drive in their FASTER-taxed cars to Grandma’s house (assuming she can still afford the increased taxes to live there, for now and in Christmas future).  Be merry and don’t think about taxes for now (although they’ll beat you up if you don’t hand it over).

Enjoy your Christmas present, but please act to save your Christmas future - exercise YOUR right to vote “NO” on the four unjust justices of the 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 homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

Clear The Bench Colorado welcomes you to the Halloween Special edition of the Friday Funnies - and it’s a very special edition, indeed, as Chief Justice Mary Mullarkey shows her true colors in response to the grassroots movement to restore accountability to the Colorado judiciary.

Chief Justice Mullarkey’s hostility to Article X, Section 20 of the Colorado Constitution (TABOR) is no secret, as is her disdain for the constitutional rights (under TABOR and other constitutional articles) of Colorado citizens - your right to vote on tax increases and new taxes, your right to not be “tricked” by the “treat” of taxes masquerading as “fees“, your right for your home or business to be safe from unjust seizure, and your right to have policy decisions made by your elected - and accountable - representatives, not unelected, activist judges.

Chief Justice Mullarkey - and her cronies and henchmen of the radical left (such as the radical left-wing group “Democratic Underground” rising up to rally around “our folks in the judiciary“) - are beginning to take note of the growing, grassroots movement to hold our justices accountable to the law - the very Colorado Constitution they are sworn to uphold - and they’re beginning to lash out.

Why, just the other day I received this disturbing, scary message (I’m not sure who it’s from, but…)

My little dog, too? I mean, it’s bad enough that the Mullarkey Majority is aiding and abetting the Colorado Legislature in playing “Grinch” by imposing new “fees” on everything in sight and cutting back on canine car rides with the Colorado Car Tax - but that’s just plain mean.  We’ve got to draw the line somewhere - don’t let unjust justices make Colorado puppies sad, let’s have a Happy Halloween.

There are few things more frightening than what the Mullarkey Majority has done to the Colorado Constitution - and to your constitutional rights. Exercise your rights (while you still have them) - hold the unjust justices of the Mullarkey Majority accountable to the Colorado Constitution and the rule of law. Exercise YOUR right to vote “NO” on retaining the four unjust justices of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to have policy decided by elected, accountable legislators (not unelected judges); your right to vote on tax increases; your right to defend your homes and business from seizure by rapacious governments; and your right to enjoy the benefits of the rule of law, not rule by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your voice (Sound Off!), your contributions, and “NO” vote on retaining these unjust justices in 2010!