Scouring the ‘net for news - so you don’t have to…

Wrapping up the previous week’s news coverage, the Greeley Gazette published a thoughtful and informative article (”Organization Calls for Non-Retention of Three Colorado Justices“, Friday 10 September 2010) discussing how the Colorado Supreme Court’s Mullarkey Majority (incumbent justices Michael Bender, Alex Martinez, and Nancy Rice - the “Three Colorado Justices” seeking another 10-year term on the November ballot - plus outgoing Chief Justice Mary Mullarkey, who is resigning rather than be held accountable by Colorado voters)

circumvented the Colorado Constitution on several occasions and should not be retained.

The article describes the key cases in which the Colorado Supreme Court ruled contrary to the clear letter of the Colorado Constitution and violated the rights of Colorado Citizens over the last decade (which is the current term of the incumbent justices appearing on the November ballot).

The Colorado Statesman also published an article Friday (”Ritter picks Marquez for state Supreme Court“) that highlighted concerns about how Marquez’ background might influence her rulings as a supreme court justice:

Many of the positions taken by Marquez on constitutional issues raise concerns about how she might rule from the Colorado Supreme Court bench, Arnold said.

“Marquez advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, argued that “fees” are not taxes in the Barber v. Ritter case (which led to the 2009 Colorado Car Tax - er, vehicle registration “fee” - increases), and has sought to restrict the 1st Amendment rights of citizens seeking to speak out on ballot issues in recent and ongoing cases. She is also the lead attorney in yet another attempt to impose an unconstitutional tax increase on Colorado citizens,” Arnold said.

A Denver Post commentary published in the days immediately following Chief Justice Mary Mullarkey’s announcement of her intent to resign (”Mullarkey’s Troubling Legacy“, Denver Post opinion 5 June 2010) made similar points, but unfortunately neglected to mention that Mullarkey didn’t perpetrate these constitutional crimes on her own, but was aided and abetted in these misdeeds by three accomplices who are appearing on the ballot this November).

Instead, the Denver Post editorial board chose to commemorate 9/11 by calling a military veteran a “skunk” for daring to express concerns (based on a career background of advocacy and a lack of judicial experience) about Governor Ritter’s pick for Mullarkey’s replacement while failing to mention her (Marquez) role in these cases.

Clear The Bench Colorado started off the week last Sunday evening (9/12) with an in-studio appearance on Backbone Radio to discuss the Colorado Supreme Court, Colorado’s “merit selection & retention” system of nominating and evaluating judges, and Governor Ritter’s recently announced pick to replace outgoing Chief Justice Mullarkey, who is resigning rather than be held accountable by Colorado voters.  Producer Josh Sharf also had fun with bumper clips parodying the previous day’s (9/11) Denver Post editorial calling Clear The Bench Colorado Director (and decorated military veteran) Matt Arnold a “skunk” (in what was either a childish cheap shot or “epic fail” attempt at humor):

“Yet there always has to be a skunk at the garden party, and this time the role of Pepe Le Pew was played by Matt Arnold of Clear the Bench Colorado, a group that wants voters to oust all of the justices who are up for retention this year.”

Backbone Radio host Ross Kaminsky had also blogged on the subject of Governor Ritter’s pick politicizing the judicial system on Saturday as well.

A week full of public speaking appearances started off strong when Clear The Bench Colorado Director Matt Arnold kicked off the week as the lead-off speaker at the “We ARE The People” rally at the Denver Capitol on Monday.  Matt received some of the most thunderous applause of the day (a late-arriving attendee said that it was loud and clear for several blocks) as he reminded the crowd about the serial transgressions of the Colorado Supreme Court’s “Mullarkey Majority” against the Colorado Constitution (leading to 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) and our opportunity to remove the remaining three ‘unjust justices’ at the ballot box in November.  Curiously, despite the fact that the rally was just up the street from the Denver Post building (and well within auditory range), the Post published nary a word about the rally and the challenge to the Colorado Supreme Court incumbents (apparently $1.6 Million a year is a lot of hush money).  The Denver Daily News ran the story on their front page (along with a nice pic) the next day (”Liberty Groups Seek Unity“):

Clear the Bench Colorado Director Matt Arnold speaks at the liberty groups’ “We Are the People” rally yesterday at the State Capitol. Photo by Jamie Cotton, Law Week Colorado.

The speech was covered by State Bill Colorado (”Broomfield 9/12 Rally Taking Place At Colo. Capitol“):

Prominent at the rally are members of Clear The Bench Colorado, a political group hoping to win voter non-retention of three Supreme Court justices in the November election.

but not a peep from the Post (Colorado’s “newspaper of record”).

The big news (and time sink) for Clear The Bench Colorado came midweek with the “clash in the courtroom” on Wednesday: CEW Round Two.  ”Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) had their day in court (again) attacking the right of Clear The Bench Colorado to oppose the incumbent Colorado Supreme Court ‘unjust justices’ appearing on the November ballot.  Although the judge did not immediately grant our motion to dismiss the attack, CEW’s case later came completely unraveled when the State Elections Director (from the office of the Colorado Secretary of State) stated unequivocally that it was the considered opinion of the Secretary of State’s office - following several internal policy meetings and much discussion - that Clear The Bench Colorado is properly categorized as an “Issue Committee” (which CEW is challenging).  Further, he stated that it was an almost unanimous opinion shared up to and including the highest levels.  He further stated that although the office does not provide legal advice, it “provides guidance all the time” - and that people are reasonably expected to rely on the guidance issued (in whatever form - verbal, written, publicized, or otherwise) by the Secretary of State’s office.

One could have heard a pin drop in the courtroom after those statements - CEW was flat on the mat.

Law Week Colorado covered the early part of the hearing (before the Secretary of State office’s bombshell), providing an overview and background on the case (”Clear The Bench Colorado Hearing Going On Today“), which was also picked up by the Huffington Post (the HuffPo has been tracking Clear The Bench Colorado with a unique “tag” for about a year now).  ”Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) attempted (desperately) to put their own spin on the hearing later (”Ethics Watch’s Fight Against Big Money In Judicial Elections Goes To Court“) - which is completely laughable, given the “big money” funding CEW, the “big money” funding the “Grueskin group” opposing Clear The Bench Colorado, the “big money” behind the “education” campaign by a coalition of legal-establishment special-interest groups propping up incumbent judges and justices, the “big money” (YOUR taxpayer dollars at work, by the way) funding the whitewash “evaluations” perpetrated by the “judicial performance evaluation commissions” (recommending a “retain” vote EVERY time - 100% - for supreme court justices in the decades-long history of the commissions), etc. etc.  The “Big Money” is already in judicial politics - just all on the side of the incumbents. (Stay tuned for more on that topic…)

Later that evening, at a Liberty On The Rocks gathering featuring Denver Post Editorial Board member Chuck Plunkett, friends of Clear The Bench Colorado (I was unable to attend in person) presented him with an autographed picture of Pepe Le Pew (suitable for framing).  Chuck took it in good humor:

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Oh, so calling a veteran a “skunk” on 9/11 was a formatting issue…

Still awaiting the Denver Post Editorial Board invitation to discuss the Colorado Supreme Court retention elections (the MOST important issue on this year’s ballot) that they’ve offered to every other statewide race or ballot question…

Meanwhile, across the country, the issue of judicial retention elections is gaining serious attention.  The National Law Journal ran two pieces in the space of a week (first, a September 6th guest commentary, “Is justice for sale?” and a September 13th report “Battlegrounds” - the latter unfortunately restricted to subscribers only), both mentioning Clear The Bench Colorado.  From the former article:

Bread-and-butter economic issues are also fueling attacks on judges. A group called Clear the Bench Colorado is attacking four justices it accuses of using underhanded tactics to ratify higher taxes.

The latter article also characterized Clear The Bench Colorado as an “anti-tax group” despite an extensive interview and follow-up message describing the entire range of constitutional transgressions perpetrated by the court:

In Colorado, an anti-tax group has started a campaign called “Clear the Bench” in an effort to defeat incumbent justices.

Characterizing critiques of judicial performance as “attacks on judges” and narrowing the basis for the critiques as “anti-tax” fits the narrative perpetrated by the legal establishment, but not the facts.  Citizens are becoming increasingly fed up with politicized courts refusing to uphold their constitutional rights and the rule of law - and are demanding accountability across the country.

Seeing their dominance of the courts threatened, the “progressive” legal establishment is conducting a media “blitz” to convince voters that they should not exercise their right to hold judges (and, especially, state supreme court justices) accountable by the only means available: the ballot box.  The New York Times recently editorialized (”Fair Courts At Risk“, NYT 9/9/2010) against electoral accountability for judges; the Huffington Post chimed in a few days later (13 Sep 2010) with commentary advancing a similar agenda (”Elected Justice“).  Both articles (and similar pieces) parroted talking points released by the George-Soros funded “Justice At Stake Campaign” (another big-money group which is attempting to erode public accountability for the judicial branch nationwide).

The legal establishment and the political ruling class don’t want you to get informed; they prefer to keep you in the dark, or failing that, convince you NOT to 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!

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 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 resign rather than be held accountable by Colorado voters - at the Southern Colorado Tea Party meeting Thursday (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 - 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!

Clear The Bench Colorado 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 resign rather than be held accountable by Colorado voters -at the Douglas County Republican Women’s luncheon Wednesday.

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!

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 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 resign rather than be held accountable by Colorado voters - at Monday’s We Are The People rally (Denver Capitol west steps starting at 11AM)

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!

Apparently, the adults were away at the Denver Post editorial board Saturday morning…

While most Americans spent the 9th anniversary of the 9/11 attacks on our country in solemn and respectful remembrance of “a date which shall live in infamy”, the Denver Post editorial board used the occasion to take a cheap shot at a decorated military veteran standing up for the constitutional rights of Coloradans against an overbearing, out-of-control group of politicians in black robes.

Eh?

That’s right - the puerile purveyors of pusillanimous punditry and pathetic potshots at the Post…

…called me a skunk.

Literally.

The Denver Post’s editorial Saturday morning (”Nine years later, we must never forget“) dedicated almost half the print space of their 9/11 editorial to a rather juvenile personal attack (excerpt follows):

“Yet there always has to be a skunk at the garden party, and this time the role of Pepe Le Pew was played by Matt Arnold of Clear the Bench Colorado, a group that wants voters to oust all of the justices who are up for retention this year.”

Realizing that it was Saturday morning and time for cartoons and all - when did the Post editors send the adults home and put puerile namecallers in charge of the paper?

So… what prompted this stinky script?

Daring to express skepticism about Governor Ritter’s pick of Deputy Attorney General Monica Marquez to become Colorado’s next supreme court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November) apparently soured the congratulatory kumbayah chorus led by the Post.

Recognizing that Marquez is no doubt a fine attorney, praised as such by her boss Attorney General John Suthers (who also earlier endorsed a “NO” vote on three Colorado Supreme Court justices), we expressed concerns that her lack of judicial experience, coupled with a pattern of taking positions directly contrary to the Colorado Constitution, formed a troubling indicator of potential activism from the bench:

Many of her positions on constitutional issues raise concerns about how she might rule from the bench.  Marquez advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, argued that “fees” are not taxes in the Barber v. Ritter case (which led to the 2009 Colorado Car Tax - er, vehicle registration “fee” - increases), and has sought to restrict the 1^st Amendment rights of citizens seeking to speak out on ballot issues in recent and ongoing cases.  She is also the lead attorney in yet another attempt to impose an unconstitutional tax increase on Colorado Citizens.

The Post editorial board also made knowingly false statements in suggesting that Clear The Bench Colorado has issued (or would issue) a blanket condemnation of “any of Ritter’s picks.”  Although we have certainly been critical of many of the governor’s choices, we are on record as praising several of Ritter’s picks when they have acted to uphold the constitutional rights of Colorado citizens, as many of his appointments on the Colorado Court of Appeals (apparently the highest court in Colorado which retains respect for the rule of law) have done (most recently in rejecting another unconstitutional tax increase, and earlier this year upholding the constitutional and statutory rights of Colorado concealed-carry permit holders).  Unfortunately, the solid jurisprudence of those judges is under attack (in both cases mentioned, and several others) in the activist, anti-constitutional Colorado Supreme Court.

Truly, another stellar moment in journalism at the once-proud “newspaper of record” in Colorado…

No more stench from the bench!

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 - 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 contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!

At the conclusion of a tremendously busy week, during which my time has been consumed with an extraordinary number of interviews, comments, and correspondence related to Governor Ritter’s selection of Deputy Attorney General Monica Marquez to become Colorado’s next supreme court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November) while at the same time preparing for my next military training event, my thought turned to that fateful day 9 years ago (which seems so far away, and yet so indelibly etched on my memory that it could be yesterday) when our nation was attacked - from within our borders, although the ultimate source was from abroad.

Struggling (in my somewhat exhausted state) to come up with something appropriate and fitting to write, I ended up looking back at what I’d written on this date last year.

I can’t improve upon what I wrote then - so I’m reprising my 9/11 commemoration from a year ago: it remains startlingly relevant.

Defending the Constitution - Why 9/11 still matters today

Clear The Bench Colorado joins millions of Americans across the country in somber remembrance of the 9/11 attacks on our nation.

What does this have to do with holding our Colorado Supreme Court justices accountable to the rule of law and the Colorado Constitution?  Quite a lot, actually…

As a proud veteran of the U.S. military (including service in the Colorado Army National Guard), I take my oath of enlistment - “I will support and defend the Constitution of the United States and the State of Colorado [emphasis added] against all enemies, foreign and domestic”  - seriously; very seriously.

Many of our elected (and unelected) officials seem to have a much more cavalier attitude towards their own oath of office.

Colorado Supreme Court justices also swear an oath, similar to mine, on taking office, which begins:     “I will support the Constitution of the United States and the Constitution of the State of Colorado.”

Note that the judicial oath of office does not state “I will support only those parts of the Constitution that I like or with which I personally agree or empathize.”

Yet the Mullarkey Court has consistently ruled against the Colorado Constitution’s Article X, Section 20 (TABOR) in every case it has heard - despite the clear intent and letter of the law that “[i]ts preferred interpretation shall reasonably restrain most the growth of government.”

The Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, Chief Justice Mary Mullarkey) are oathbreakers - and dishonor the service of the men and women of the United States military and law enforcement agencies who put their lives on the line to support and defend our Constitution.  They have proven themselves unworthy of the high office they occupy, and must NOT be retained in that office following the November 2010 elections.  Vote “NO” on these unjust justices!

Another important lesson of 9/11 is that individuals matter - and fighting to defend your rights, and your lives, is the only way to preserve your rights (and your life, in extremis) when under attack.  The true heroes of that day were not only the firefighters but also the ordinary citizens who acted to save lives - and the brave passengers on Flight 93 who fought back against the hijackers on the 4th plane and died not as victims, but as American heroes.

We can no longer be under any illusion - as the passengers on Flight 93 discovered - that our rights and lives are NOT under attack; we are threatened by enemies both foreign and domestic.  The nature of the threat (and appropriate response) is different, but the need to take action, to defend your rights - remains the same.

Freedom isn’t Free... Exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority” (incumbent Justices Michael Bender, Alex Martinez, and Nancy Rice; soon minus ringleader Chief Justice Mary Mullarkey) needing 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 contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!

Reaction to Governor Ritter’s selection of Deputy Attorney General Monica Marquez to become Colorado’s next supreme court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November) and concerns expressed by Clear The Bench Colorado regarding her positions on important constitutional questions ( Marquez advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, argued that “fees” are not taxes in the Barber v. Ritter case (which led to the 2009 Colorado Car Tax - er, vehicle registration “fee” - increases), has sought to restrict the 1^st Amendment rights of citizens seeking to speak out on ballot issues in recent and ongoing cases, and is also the lead attorney in yet another attempt to impose an unconstitutional tax increase on Colorado Citizens) ranged from the superficial (short spots on most local television: CBS4, KDVR31) to the basic (”Ritter picks Monica Marquez for Colorado Supreme Court“, Denver Post) to the informative (”Monica Marquez Supreme Court selection disappoints Clear the Bench’s Matt Arnold“, Westword) to the predictably shrill and misleading (left-wing propaganda outlet Colorado “not-so” Independent accusing CTBC of a “diatribe” against Marquez and making up non-existent “attacks on her ethnicity or sexual orientation” - the last refuge of scoundrels: playing the race and sex card).

It took the juvenile minds (er, mouths) at Colorado Pols, though, to come completely unhinged in their response.  Going off the deep end and reaching a new low in rabid incoherence, the puerile Pols piece (“Clear the Bench” Blows the Dog Whistle - does that make sense to anyone sentient?) perceived a “code-word reference” in the Clear The Bench Colorado critique of Marquez’ positions on constitutional interpretation and exclusively advocacy-based career path.  (Code words? Can they even perceive how fringe and paranoid that sounds?)  Attempting to sling mud (er, doggie droppings) by insinuating “just beneath the surface, you can see it’s a bit ugly” makes them look like - well, a bunch of sick puppies.

On a more humorous (and uplifting) note - among the many calls I fielded for interviews yesterday was a lengthy and wide-ranging chat with Colorado Springs Gazette house liberal Barry Noreen (at the end of our conversation, I told him that he’s really a closet libertarian in many respects, which got a chuckle).  I’m curious to see what he ends up writing, since we wandered off-topic a bit; I think that he was trying to get a sense of what drives me personally (and motivates Clear The Bench Colorado).  No decoder ring necessary - it’s about upholding and defending constitutional principles and the rule of law.  He did end up taking my bet (offered in response to an earlier, and more adversarial, critique he had mailed, when he asserted “these justices will be retained with ease”).  Our bet: if any of the Colorado Supreme Court justices on the ballot is non-retained, or squeaks by with 60% or less of the total vote, I win; otherwise, he wins.  (The stakes: a six-pack of beer, winner’s choice).

Looking forward to enjoying some beer on Barry, after November 2nd - and it won’t be the cheap stuff.  ;-)

Colorado voters have the chance to make history, stand up in defense of our constitutional rights (and don’t forget, get Barry to buy me beer) this year.  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, and Nancy Rice; soon minus ringleader 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 contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!

Well, at least they won’t have to change the monogrammed towels…

Governor Bill Ritter appears to have proved the cynics right (those who argued that he would base his selection on politics, rather than judicial experience) by picking Deputy Attorney General Monica Marquez as the next Colorado Supreme Court justice (replacing outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November), bypassing what appeared to be two highly experienced, eminently qualified, and non-partisan judges (El Paso District Judge David Prince and Colorado Appeals Court Judge Robert Russel).

Clear The Bench Colorado was among the few who held out hope that the outgoing governor would set aside politics and do the right thing in basing his decision on qualifications and judicial experience. His apparent decision to knuckle under to special interests instead of siding with Colorado Citizens and promoting judges who will uphold the rule of law is disappointing.

Ritter’s pick of Marquez comes on the heels of an intensive lobbying campaign by the Colorado Hispanic Bar Association (Ms. Marquez is on the board of that group) both following and during the nomination process (apparently a bloc in the Supreme Court Nominating Commission advocated strongly for Ms. Marquez on the basis of politics, not qualifications).  This is not to say that Ms. Marquez is unqualified; she is undoubtedly a fine attorney.  However, there is a significant difference in temperament and approach in being an attorney (which involves taking sides, often aggressively, for a client) and being a good judge (sworn to fairly and impartially apply the law, as written - NOT taking sides).

Although it may be possible to overcome a lifetime habit of political activism and advocacy to become a fair, impartial judge who upholds the rule of law, it requires a significant mental shift - probably best reinforced by experience gained by being a judge on a lower court, rather than going right to the top.

Unfortunately, Ritter’s selection will only serve to further erode public confidence in a Colorado Supreme Court already damaged by a decade of highly-politicized, anti-constitutional rulings, since Marquez lacks any judicial experience and seems to have built her entire career on policy & political activism.

Many of her positions on constitutional issues raise concerns about how she might rule from the bench.  Marquez advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, argued that “fees” are not taxes in the Barber v. Ritter case (which led to the 2009 Colorado Car Tax - er, vehicle registration “fee” - increases), and has sought to restrict the 1^st Amendment rights of citizens seeking to speak out on ballot issues in recent and ongoing cases.  She is also the lead attorney in yet another attempt to impose an unconstitutional tax increase on Colorado Citizens.

Of course, to avoid running afoul of judicial ethics violations, she would have to recuse herself from ruling on any of these cases or related issues in which she has been directly involved when they come up before the Colorado Supreme Court - which emphasizes the importance of the remaining justices.

In any case, Colorado Citizens will render their verdict on prospective Justice Marquez when she must receive voter approval to remain in office after 2 years (the first term of any judicial appointment is the so-called “probationary” term - so Marquez will appear on the 2012 ballot).

In the meantime, Colorado voters have the opportunity to render their verdict on the three remaining incumbent Colorado Supreme Court justices on this year’s ballot who are seeking an additional TEN year term in office.

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 - 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 contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!

Speak Now, or Forever Hold Your Peace…

Governor Ritter has asked for public comment on the three nominees (he’ll pick one of the three) put forward by the Supreme Court Nominating Commission to replace outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by voters this November.

Send E-mails to judicial.appointments@state.co.us with your comments, concerns, or suggestions.

The Denver Post profiled the 3 Colorado Supreme Court nominees in successive articles last weekend (in order of appearance: El Paso District Judge David Prince, Deputy Attorney General Monica Marquez, and Colorado Appeals Court Judge Robert Russel); additional, substantive information (including the public applications submitted to the Supreme Court Nominating Commission, which met in secret to evaluate and interview a total of 31 applicants) is available on the Law Week Colorado website (”Governor’s Office Makes Public Applications Of Justice Finalists“).

Don’t let your opportunity to weigh in on this important issue slip away by failing to act when you had the chance - indeed, when you were asked to offer your opinion.  Write the governor today to express YOUR views on selecting our next Colorado Supreme Court justice…

We The People can (indeed, as citizens, we must) hold our public officials - both elected & appointed - accountable.  Be a citizen, not a subject - get informed, then express your opinion on which of these three nominees the governor should be appoint to become the next justice of the Colorado Supreme Court (it will be another 2 years before you’ll be able to weigh in at the ballot box, at the conclusion of their first - probationary - term of office).

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 - 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 contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!

For the first time in the history of Colorado’s “merit selection and retention” process for placing and removing the occupants of judicial office, Colorado Citizens are being presented with substantive information not only on the three incumbent Colorado Supreme Court justices who will appear on the November ballot, but also on the three nominees (the governor will pick one of the three) to replace outgoing Chief Justice Mary Mullarkey, who announced in June that she would resign rather than be held accountable by Colorado voters this November).

Thanks to the increased attention on the Colorado Supreme Court this year, and the consistent efforts of the legal-affairs journal Law Week Colorado for longer than that, the public applications of the three finalists (complete except for removal of purely personal information shielded for privacy reasons - entirely appropriately) which include some relevant background on the candidates for judicial office - were made public.  The public applications may be viewed in their entirety on the Law Week website (”Governor’s Office Makes Public Applications Of Justice Finalists“) or downloaded to review in detail.

The governor’s office has even requested public input on the nominees - providing Colorado Citizens the opportunity to weigh in on who will become Colorado’s next supreme court justice; but act fast, the governor is expected to make a decision next week (”Speak Now, or Forever Hold Your Peace… Governor’s Office seeks public comment on Colorado Supreme Court nominees“).

The Denver Post - which, after noting in February that “Four Colorado Supreme Court justices face a tough vote in elections” was largely silent on this important issue until very recently (possibly in response to criticism that their [lack of] coverage may have been influenced by the fact that the Post is being paid $1.6 million per year as the Colorado Supreme Court’s current landlord) when an article acknowledged that “four state Supreme Court justices [may not] survive an attempt to remove them from the bench this election.”

Bygones.

Denver Post courts reporter Felisa Cardona has written up a series of profiles of the three finalists to become the next Colorado Supreme Court justice - the third and last of which (”Supreme Court Finalists: Candidate’s writings show clarity of thought“) appears in today’s (Monday) paper.

Clear The Bench Colorado commends the Denver Post for (finally?) shedding some light on the individuals who may next be elevated to our highest court.  We have called upon the Denver Post editors to join us in requesting greater transparency in the process by which the nominees are selected, as well - and most importantly, to join us in holding the incumbent justices accountable to the Colorado Constitution, the rule of law, and (ultimately) to the citizens of Colorado.

We The People can (indeed, as citizens, we must) hold our public officials - both elected and appointed - accountable.  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 - 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.”  Support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and exercise your right to vote “NO” on giving these unjust justices another 10-year term!