Clear the Bench Colorado » Michael Roberts

Published by CTBC Director on 24 Jan 2010

Colorado Supreme Court declared “open season” for Governor, Legislature to target tax credits and exemptions

A recent Denver Post article noted that leading Colorado business groups oppose the Governor’s and Legislature’s latest proposals to “balance the budget” by targeting several long-standing tax credits and exemptions for “suspension or elimination.”

The article cited a letter from a coalition of groups expressing concern that increasing the tax burden on business would delay economic recovery and ultimately be self-defeating in raising state revenues:

“We believe it would be irresponsible to reduce investments in areas that directly lead to both protecting and growing Colorado jobs,” the letter said. “At a time when these resources are declining, purposefully impacting the funding source is unwise.”

The article notably failed to mention, however, just how these tax credits and exemptions could be targeted in the first place - since, under the Taxpayer’s Bill of Rights (TABOR), a “tax policy change directly causing a net tax revenue gain to any district” (whether by directly increasing taxes, or by eliminating an exemption) must first be approved by a vote of the people.

For decades, that WAS the common understanding of the law - and the constraints on government spending (and taxation) served the people of Colorado well.  The activist majority on the Colorado Supreme Court broke this consensus in last year’s notorious “Mill Levy Tax Freeze” ruling by going beyond the questions at issue in the case (the property tax increase) to declare “open season” on a long list of existing tax credits and exemptions - including those whose elimination are now opposed by Colorado businesses.

Don’t allow your rights to be taken away by stealth or incremental cuts - 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 this November!

Published by CTBC Director on 23 Jan 2010

Westword weighs in on Colorado Supreme Court non-retention movement spearheaded by Clear The Bench Colorado

The widely circulated alternative weekly Westword weighed in Friday with an article about the grassroots movement to hold the Colorado judiciary (particularly, the Colorado Supreme Court) accountable - and bring back balance to the bench - spearheaded by Clear The Bench Colorado.

Aside from not actually having used the word “bums” to describe the current majority on the court, the Westword article upheld the weekly’s high standard for investigative journalism and produced a very balanced and insightful look at the very important issue of the upcoming statewide retention elections for four of the current occupants of Colorado’s highest court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey are all scheduled to be on the ballot this November).

Clear The Bench Colorado has been accused of being just another partisan shill or “judiciary haters” - by implication in the original Denver Post article on Tuesday (corrected in Friday’s edition), and outright in subsequent online attack pieces - but, as the Westword article points out,

“But Clear the Bench isn’t about Republican versus Democrat or even right versus left. It’s about holding our highest court accountable to their oath to uphold the Colorado constitution.”

Aside from a few minor semantic nitnoids (”military veteran” instead of “ex-military”, “recession” instead of “depression”), the Westword article presents an accurate picture of the purposes and motivations of Clear The Bench Colorado:

“I think our rules and our institutions are good ones, and I’m not advocating for direct election of judges,” Arnold stresses. “I think the intent behind our current system is to try to take some of the politics out of the judiciary branch, and that’s good. But it’s clearly failed to work, because we weren’t able to take the politics out. What we have is a bevy of justices on Colorado’s highest court who are substituting their personal agendas for the rule of law, and that damages all of us, irrespective to our political persuasion — and that has to stop.”

Regarding Suthers, Arnold was at the meeting where the attorney general made negative remarks about Mullarkey, Bender and Martinez, and he praises him for taking a stand.

“It’s a bold statement for the highest ranking law enforcement officer in the state to make,” he says. “And the fact that we’re talking about it shows it’s brought attention to the issue. People need to look at this seriously and do some research. This is an education campaign, because so few people are provided with any useful information on the judiciary.

“The judiciary has an inordinate amount of control over people’s lives — this court particularly,” he continues. “They’re grabbing as much power as they can. But this really is a nonpartisan issue. It’s about holding the judges accountable for their proper role as referees, not players.”

Take back control of your own life - 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 this November!

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