Clear The Bench Colorado celebrated “May Day” this weekend with the “May Day at the Runway” fundraiser (er, FUN-raiser) - proving (yet again - after the “Won’t Get Fooled Again” event) that giving money to a great cause need not be boring.  It can even be educational - did you know, for example, that May 1st is also (appropriately enough) Law Day?

One of the fun (and educational) contests we held was a Colorado Supreme Court trivia contest - which we’re now sharing with our online reading audience.  Answer the following questions in the comments section (below) to qualify for Clear The Bench Colorado schwag (T-shirts, bumper stickers, etc.) - contest ends the same day as the end of the legislative session (May 12th) when your life, liberty, and property will be safe(r) once more.

20 Questions with Clear The Bench Colorado:

1. What Colorado Supreme Court ruling was the inpiration for the launch of Clear The Bench Colorado?  (Bonus Point for actual full name of the case as filed)

2. When did Clear The Bench Colorado take off as an organized effort (the “CTBC Birthday” month)?

3. Name 3 of the “Dirty Dozen” tax increases?

4. Where is the Colorado Supreme Court currently located?  (Offices and courtrooms)

5. What was the first tax increase to exploit the “April Fools” briefing to the JBC?

6. What two taxes (er, “fees”) did Governor Ritter propose to “balance the budget” that riled up Colorado gun owners last Fall?

7. What recent court victory for individual rights of self-defense may yet be appealed and end up before the Colorado Supreme Court?

8. What does the HB10-1408 (Repeal Congressional Districting Criteria) Bill  mean for Colorado?

9. Which Colorado Supreme Court decision expanded the abuse of Eminent Domain powers to include extraterritorial condemnation?

10. Which Supreme Court case violated TABOR by allowing taxes to be disguised as “fees”?

11. Who are the 4 Current Colorado Supreme Court justices up for retention vote?

12.  How will the vote appear on the ballot?

13.  What percentage of the time (since 1967) have the Performance Review Commissions recommended for retention of incumbent judges?

14.  Who appoints the members of the Supreme Court Judicial Nominating Commission?

15. How many names must be submitted for each opening from which the governor makes a selection?

16. How many new “fees” make up the Colorado Car Tax?  (Bonus: Name them)

17.  How many years of increases are in the Colorado Car Tax?

18.  What was the case that grabbed the power to decide “appropriate” levels of school funding away from elected school boards and the General Assembly?

19.  What event was the YouTube video debut for Clear The Bench Colorado?

20.  What is the name of the Clear The Bench Colorado celebrity spokespup, and what was her testimony to the Senate Finance Committee in opposition to one of the “Dirty Dozen” tax increases?

(Provide answers in the Comments section, below - provide your contact information either in the comment body or separately via E-mail or contact form)

Answer the call; exercise your right to vote “NO” on the 4 Colorado Supreme Court unjust 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 from eminent domain abuse, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Help to support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices on the bench for another 10-year term!

“No man’s life, liberty, or property is safe while the legislature is in session.” — Mark Twain (1866)

The Colorado Legislature is still in session - so our lives, liberty, and property (and our Constitution) remain under threat.  Many of the worst threats against our constitutional rights are being aided and abetted by the Colorado Supreme Court - so we’re sending out the distress signal.

Answer the call, and help Save Our State - come out, have fun, and support Clear The Bench Colorado as we lead the fight to keep Colorado’s ‘unjust justices’ from getting another 10-year term.

Answer the call; exercise your right to vote “NO” on the 4 Colorado Supreme Court unjust 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 from eminent domain abuse, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Help to support Clear The Bench Colorado with your comments (Sound Off!) and your contributions - and vote “NO” on retaining these unjust justices on the bench for another 10-year term!

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

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the 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) and Fall (examples here, here, here, here, and here) and Winter (here, and here) of 2009 - and now coming back for more in 2010!

The Grassroots Revival continues.  Clear The Bench Colorado Director Matt Arnold is speaking this morning (Thursday) at the Concerned Women for Principled Politics meeting at the Koelbel Library in Centennial (Orchard & Holly) starting at 9:30AM.

Join Clear The Bench Colorado and the Grassroots Revival in restoring “power to the people” - get active, get involved, raise your voice and help to restore accountability to the Colorado judiciary by exercising YOUR RIGHT to vote “NO” on the four unjust justices of the Colorado Supreme Court’s Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and - last but not least - Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your rights: your right to vote on tax increases, your right to defend your 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 your “NO” vote to remove these unjust justices on election day this November!

Celebrating the one-year anniversary of the notorious “April Fool’s” brief to the Legislature’s Joint Budget Committee that opened the door to a flood of new taxes (er, “eliminating tax exemptions“) without the constitutionally-required prior approval by a vote of the people.

Yes, the joke was on you - and the punchline was repeated twelve times at the start of this year’s legislative session with the “Dirty Dozen” tax increase bills (er, “closing corporate loopholes”) on everything from candy & soda, pesticides & animal drugs, energy production, software downloads, online sales/purchases, and even doggy bags…

… ALL courtesy of a blatantly anti-constitutional ruling in the “Mill Levy Tax Freeze” case by the “Mullarkey Majority” on the Colorado Supreme Court.

So come on out, have a great time, and help support Clear The Bench Colorado as we lead the fight to keep Colorado’s ‘unjust justices’ from getting another 10-year term.

Don’t get fooled again - exercise your right to vote “NO” on the four Colorado Supreme Court ‘unjust 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 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 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 on the bench for another 10-year term!

Cross-posted from the Peoples Press Collective and Mount Virtus websites, from commentator Big Ben (big, but “not as big as Rasmussen“) DeGrow:

“Despite all the hoopla (much of it well-deserved) about the election results, let’s not lose focus on an easily overlooked issue that should factor into some of our important decisions for 2010 — namely, the Colorado Supreme Court delving into political questions of how our schools are funded in Lobato v State.

You now can listen to my recent 8-minute interview on this very topic with Brad Jones on Face The State Weekend edition.

Whether or not you get to listen, let me explain — no, let me sum up: The case for Clear The Bench Colorado is now overwhelming.”

Overwhelming, indeed.  The Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow is part of the rising chorus of commentators (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, and Vince Carroll’s superb commentary Sunday, to name just the most prominent recent examples) speaking out against the Mullarkey Majority’s most recent blatantly unconstitutional ruling - and piling-on power grab - in Lobato v. State of Colorado.  Ben’s radio piece supplements his first big broadside against the dangerous Lobato ruling and his Taking on the Colorado Supreme Court blog post,  following the very-next-day analysis and commentary of the ruling posted right here on Clear The Bench Colorado.

Inform yourself about this outrageous Colorado Supreme Court ruling - in print,  on-air, and online - 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!

An alert reader (hat tip to Live Free Colorado) brought the Colorado Springs Gazette editorial criticizing the tax and “fee” ‘bait and switch’ tactics employed by the current administration - thanks to the Mullarkey Majority’s unconstitutional ruling last November - to my attention this morning.

The Taxpayer’s Bill of Rights clearly says that voters have to approve any new tax in Colorado. Many jurisdictions, including the state and Colorado Springs, have danced around this requirement by instituting fees to cover costs that should rightly be funded with taxes. This allows those governments to get what they want - and in all fairness sometimes what they need to serve the public - without the bother of asking permission. The Colorado Supreme Court has been complicit in allowing this, ruling many times that these fees aren’t really stealth taxes. That fact has unfortunately emboldened new abuses of fees, and the latest example is Gov. Bill Ritter’s August raid of the state’s fee-funded tire cleanup fund to help balance the budget.

The Gazette editorial is yet another example of what seems to be a groundswell of opinion critical of the Mullarkey Majority’s outrageous rulings - brought to the forefront by last week’s ruling usurping the power of the legislature to make policy on school funding that kicked off a virtual storm of commentary by some of the most prominent observers of political events in Colorado. (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, Vince Carroll’s superb commentary Sunday, and - not least -  Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow (who’s big - but “not as big as Rasmussen”) Taking on the Colorado Supreme Court last Sunday, too).

The Gazette editorial correctly calls Governor Ritter to account for resorting to ”the ol’ bait and switch” - moving funds collected by fees for a specific purpose (in this case, the tire waste fund) - into the general fund in order to “balance the budget”:

Any time a fee is imposed by government, the legislation setting up the fee provides for how the money is to be spent. A fee should address a specific issue to be addressed with that revenue. The tire waste fund comes from a $1.50 fee the state charges when you buy a new tire and leave the old one at the dealer. It is supposed to be used to subsidize tire recycling efforts in the state. The subsidy is needed because, according to a recent Denver Post report, the demand for recycled tires isn’t high enough to make recycling profitable, and Colorado has the largest stockpile of old tires in the nation. Ritter’s actions exacerbate the problem. Worse, though, his raid on the waste tire fund created what is essentially a new tax on tires.

The Colorado high court disagrees, saying, in essence, that as long as revenue from a fee goes into the fund for which it was intended, it’s still a fee, regardless of what it’s spent on. Additionally, the court says that because the revenue is already in the state coffers, it’s not new revenue if it is moved to the General Fund. Using the court’s rationale, the Legislature could charge a fee to, say, offset damage to state roads from large pickup trucks and SUVs. It could then raid that fund to pay for capital improvements or maintenance to public school buildings.

Any way you slice it, that’s underhanded and a breach of the public trust.

 The Mullarkey Majority’s semantic shenanigans - playing fast and loose with the letter of the law, the very Constitution they are sworn to support and uphold - have aided and abetted numerous underhanded, unconstitutional legislative sleights of hand and breaches of the public trust.

DON’T LET THEM GET AWAY WITH IT!  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!

“A sense that the Colorado Supreme Court is growing out of control continues to pick up momentum after the October 19 Lobato v State ruling (PDF), in which the 4-3 liberal majority arrogated to itself the power to determine school funding policy.”

The Independence Institute’s expert analyst on Education Policy (and frequent online commentator)  Ben DeGrow is part of the rising chorus of commentators (Mike Rosen’s Denver Post column Thursday, Mark Hillman’s excellent article Wednesday, and Vince Carroll’s superb commentary Sunday, to name just the most prominent recent examples) speaking out against the Mullarkey Majority’s most recent blatantly unconstitutional ruling - and piling-on power grab - in Lobato v. State of Colorado last Monday.  Ben claims to have offered the first big broadside against the dangerous Lobato ruling in his Taking on the Colorado Supreme Court blog post today, but in reality only ties Vince Carroll for 2nd (both piece published Sunday) following the very-next-day analysis and commentary of the ruling posted right here on Clear The Bench Colorado.

Despite only coming in second (sorry, Ben) past the gate, Ben’s article in the Colorado Daily is well worth reading not only for the analysis of the Mullarkey Majority’s flawed Lobato v. Colorado ruling but also for Ben’s insights into how this ruling will negatively impact Colorado’s schools and end up hurting - not helping - Colorado’s school-age children.

Ben will also will be talking about the Lobato case and school funding adequacy on Face The State weekend radio with Brad Jones. In the Denver area, that’s AM 710 KNUS on Saturday at 5:00 AM and Sunday at noon. Check local listings for additional stations and times.

Inform yourself about this outrageous Colorado Supreme Court ruling - in print,  on-air, and online - 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!

Assuming that the Mullarkey Court follows its own precedent (set with last summer’s Telluride Land Grab ruling), Boulder-area land owners (Feeling stepped on in Boulder) are in for some rude treatment at the hands of local government, backed by the Colorado state Supreme Court.

Boulder County appears dead set on following Telluride’s example in seizing private property through eminent domain in order to build a recreational trail - the same county officials who wouldn’t let a rancher build a “picnic gazebo” in his own back yard because it “didn’t jibe with his agriculturally zoned home.”  Now we know why: they wanted to grab the picnic property for themselves.

As the Denver Post article notes on the second page, “Using eminent domain for open space has precedent.”  True - the Mullarkey Majority set that precedent with last summer’s notorious “Telluride Land Grab” ruling in June 2008.  As noted in the article:

Telluride’s valley floor case

In 2004, the town of Telluride condemned its 572-acre valley floor, a pristine meadow where a developer had long envisioned a residential and commercial village. The town wanted the parcel protected as undeveloped open space.

The Colorado Supreme Court weighed in on the Telluride valley floor case and overturned legislation (Ed. ignored legislation by declaring it inapplicable; the law still stands, for what it’s worth) that had restricted open-space takings. Ultimately, Telluride was allowed to condemn its valley floor but had to pay the developer $50 million for rights to the land.

“It is not nearly as common as roads or utilities, but it certainly is not unheard of here in Colorado,” said Jack Sperber, an attorney with the Denver firm Faegre & Benson, who specializes in eminent-domain issues.

… Colorado has statutes allowing for open-space or recreational condemnation, and the Telluride case established a precedent showing open space as a valid public service…

 Uh-oh.  Looks bad for the Boulder County landowners.  But wait, there’s more:

The Telluride case emboldened Colorado municipalities to consider recreation when pondering eminent domain, said Jessica Corry, a policy analyst with the free market-focused Independence Institute in Golden.

The state hasn’t seen more land grabs because municipalities are struggling with dwindling revenue right now, Corry said.

“When coffers start to return to normal levels, I’d predict we’ll see more attempts,” she said.

So the Boulder County landowners may be only the first in a new wave of eminent domain abuse cases to join the victims of the Mullarkey Majority’s Telluride Land Grab.

So is there anything that these property owners can do to defend themselves?  Sure, they can fight the impending Boulder Land Grab in court; they may even be able to take it up all the way to the Colorado Supreme Court, where the Mullarkey Majority will be sure to give them fair, impartial, and evenhanded consideration of their claim to defend their land.

Yeah, right.

OR: they can fight the case in court, and simultaneously do everything in their power to ensure that when their case IS eventually heard by the Colorado Supreme Court, it will be with a fresh set of justices that will actually UPHOLD the law and their constitutional rights.

Just saying.

Ditch the Mullarkey Majority - vote “NO” on retaining unjust justices Michael Bender, Alex Martinez, Nancy Rice and Chief InJustice Mary Mullarkey in 2010!  Let’s Clear The Bench, Colorado!