Clear the Bench Colorado

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

The opening of the 2010 Colorado legislative session today has renewed the danger to the liberty and property of Colorado citizens still reeling from the effects of last year’s legislative session - which saw the unconstitutional elimination of general fund spending limits, voters blindsided by the Colorado Supreme Court’s upholding an increase in property taxes (the so-called “Mill Levy Tax Freeze“) and (last not least) the proliferation of tax hikes masquerading as ”fees” (most prominently the FASTER car tax - er, “registration fee” - increase) - ALL courtesy of holes ripped in the Colorado Constitution by recent rulings of the Mullarkey Majority on the Colorado Supreme Court.

Despite all of these unconstitutional “revenue-enhancing” measures, the Colorado Legislature is still dealing with a $600 Million shortfall in the current year’s (2009-2010) budget, and is facing a projected shortfall of over $1B for next year (2010-2011).

Clear The Bench Colorado has been spreading the “good news” for several months that, thanks to the tattered shreds of the Taxpayer’s Bill of Rights (TABOR) that remain intact, the Colorado Legislature is unlikely to propose any new taxes in the upcoming session.  The bad news, of course, is that thanks to the Mullarkey Majority on the Colorado Supreme Court, they won’t have to - they’ll just call tax increases “fees” or eliminate many of the existing tax credits or exemptions (in other words, taxes you’ve had a break from paying) stripped of constitutional protections by the same Colorado Supreme Court ruling that upheld the “Mill Levy Freeze” property tax increase.

As much as I hate to say “I told you so” -

To help balance the 2010-11 state budget, Gov. Bill Ritter has proposed that nearly $132 million in tax credits and exemptions be eliminated or suspended.

Apparently, last year’s tobacco tax increase was just the warm-up.  Among the many proposals to “balance the budget” by eliminating long-standing tax credits and exemptions are:

• Eliminating a sales-tax exemption for candy and soda-pop sales (projected revenue: $17.9M)
• Eliminating a sales-tax exemption for cartons, napkins, condiments, plasticware and other items used to serve food at restaurants (projected revenue: $2.1M)
• Eliminating the sales tax exemption on Internet purchases at online vendors with in-state affiliates ($5M)
• Suspending for three years a sales tax exemption for pesticides. ($2.9M)
• Suspending for three years a sales-tax exemption for animal vaccines, hormones, animal drugs, bull semen and other compounds used in agriculture. ($1.5M)
• Expanding taxation of computer software, including online purchases and upgrades ($15M)
• Suspending for two years a sales-tax exemption on all purchases of energy used in manufacturing ($48M)
• etc. etc.

 As if the veritable explosion of new “fees” weren’t enough, this latest laundry list of tax exemptions being put on the chopping block will nickle & dime Colorado consumers and businesses to death (perhaps I was premature in not listing the Legislature’s threat to “life” in addition to sure threats to our liberty and property).

You thought that movie theater candy & soda was expensive already?  You won’t be saving as much on those restaurant leftovers, either.  Online sales are sure to take a hit (ironically, businesses based in Colorado will be hit hardest).  You’ll be sure to be “bugged” by the higher cost of bug spray, too.  Farmers, veterinarians, and pet owners are sure to be irritated by the higher cost of taking care of animals.  Buying or upgrading software (like spamblockers and viruscheckers) will get more expensive.  Oh, and the price of ALL goods manufactured in the state will increase due to higher taxes on energy in production (on top of energy prices already going up, up, up…)

Truly, the Colorado Supreme Court IS “killing the golden goose” of Colorado’s economic prosperity.

Although your “life, liberty, and property” are only under an enhanced threat by the Legislature for less than five short months, they are endangered by the Colorado Supreme Court year-round.  2010 may end up being a “tense legislative session” - but it is also your last chance for a decade to render your verdict by voting “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 the Clear The Bench Colorado movement to restore accountability to the judiciary and bring back balance to the bench with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in November 2010!

‘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!

Clear The Bench Colorado Director Matt Arnold is appearing as the guest speaker at this Monday’s (21 Dec) Parker Breakfast Club meeting at the Tailgate Tavern (19552 E. Main Street, Parker CO) at 7AM.

Join Matt at Monday morning’s meeting to learn more about the Mullarkey Court’s repeated assaults on the Colorado Constitution, the resulting impact to your wallet, the degradation or outright elimination of YOUR constitutional rights, and what you can do about it.

Learn more about how - and why -  you can and should 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 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 Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining unjust justices in 2010!

The hectic holiday season is upon us…

Clear The Bench Colorado made national news following Monday’s Colorado Supreme Court decision throwing out evidence gained in a case of identity theft by an illegal (er, “undocumented”) alien resident of Greeley, CO.  The Colorado Supreme Court, in a 4-3 decision, held that a lower court was correct in excluding evidence obtained via a search of multiple client records at a tax preparer credibly alleged to have knowingly and systematically aided and abetted identity theft and tax fraud on a grand scale.

Look for a more in-depth analysis of this case on this site in the very near future.

Meanwhile, Clear The Bench Colorado Director Matt Arnold appeared on the Amy Oliver show (1310 KFKA, Greeley/Fort Collins) this morning (10:30 AM) to discuss the case for removing the ruling majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) on the Colorado Supreme Court in retention elections in November 2010.

Clear The Bench Colorado is also making appearances at multiple events this (Tuesday) evening:

Beginning at 5PM, the 10th Annual Bill of Rights Day Celebration in Loveland commemorates the adoption of the Bill of Rights - the first 10 Amendments added to the Constitution on December 15, 1791.  The event is co-hosted by the Loveland 912 Project and the Northern Colorado Tea Party (who also co-hosted the very well-attended and successful inaugural Candidate Search 2010 event on November 13th).  Clear The Bench Colorado Director Matt Arnold will speak about the Mullarkey Court’s repeated assaults on the Colorado Constitution, the resulting impact to your wallet, the degradation or outright elimination of YOUR constitutional rights, and what you can do about it.

Beginning at 7PM, the CCM - Denver Chapter December Meeting begins at the CCU Beckman Center (8787 W. Alameda Ave, Lakewood Colorado) and will include a presentation by (hopefully not too-late-arriving) Clear The Bench Colorado Director Matt Arnold about the Mullarkey Court’s repeated assaults on the Colorado Constitution, the resulting impact to your wallet, the degradation or outright elimination of YOUR constitutional rights, and what you can do about it.

Learn more about how - and why -  you can and should 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 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 Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining unjust justices in 2010!

So much for constitutionally mandated separation of powers and “checks and balances…”

A recent editorial on the Colorado Legislature’s “Long Term Fiscal Stability Commission” (a 16-member group dominated by big-government advocates thinly disguising yet another attempt to eviscerate - or outright eliminate - the Taxpayer’s Bill of Rights, TABOR) brought to light a troubling attempt to bypass the rules which normally apply to amending the Colorado Constitution:

Along a party line vote, the commission invented a third way to amend the Colorado constitution.

Assuming the 2010 General Assembly passes the legislation, Colorado voters would decide a measure to create a 19-member commission to address fiscal policy, defined as expenditures and revenue only, in the state constitution and submit one or more proposals to voters in 2012. The commission would have direct access to the ballot without signatures, and any measures it may propose would be exempt from the single-subject rule.

Commission members will be appointed, with six from the Governor, three from the senate president, three from the senate minority leader, three from the speaker of the house, three from the house minority leader, and one from the chief justice of the state supreme court.

This idea is troubling for several reasons. First, the makeup of the commission includes an appointment from the chief justice of the state supreme court, which seems to cross the line of separation of powers. Two, the legislature hand picks commissioners who are unelected and unaccountable to voters. Third, the commission has the authority to bypass citizens and single-subject requirements.

It’s bad enough that the Mullarkey Majority on the Colorado Supreme Court frequently takes the opportunity to re-write the Colorado Constitution by creatively re-defining terms (such as “General Assembly“, “tax policy change“, or “fees” vs. “taxes”)  in ruling on cases brought to the court for a decision - but allowing the Chief Justice to hand-pick someone to re-write the Constitution directly?  That IS “troubling.”

The Colorado Supreme Court Chief Justice already wields enormous power (not even counting several recent power grabs and usurpations of legislative authority), both directly (from the bench) and indirectly through powers of appointment - most prominently, appointing FOUR (of a total eleven) members of the Reapportionment Commission which will re-draw Colorado legislative district boundaries following the 2010 Census.

The current Chief Justice (Mary Mullarkey) has repeatedly shown that she cannot be trusted to fairly and impartially wield such power.  Her opinions and rulings have arrogantly substituted a personal agenda instead of following the Constitution; she has been actively and unrelentingly hostile to TABOR (the Taxpayer’s Bill of Rights - Article X, Section 20 of the Colorado Constitution that she is sworn to uphold).

“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.

Freedom isn’t Free - Defend YOUR Constitution, and 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 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 Director Matt Arnold is appearing as the guest speaker at this Wednesday’s (2 Dec) Boulder County Breakfast Club meeting at the Longmont IHOP at 7AM.

Join Matt at Saturday morning’s meeting to learn more about the Mullarkey Court’s repeated assaults on the Colorado Constitution, the resulting impact to your wallet, the degradation or outright elimination of YOUR constitutional rights, and what you can do about it.

Learn more about how - and why -  you can and should 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 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 Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining unjust justices in 2010!

As the Colorado Legislature’s Joint Budget Committee meets this week to “review agency budgets in advance of the 2010 General Assembly” (and you thought your wallet and property were only at risk while the legislature is IN session), last year’s Colorado Supreme Court ruling upholding the blatantly unconstitutional “Mill Levy Tax Freeze” is back in the news:

In 2010, the JBC will consider both budget and tax policy — the latter a result of the Colorado Supreme Court’s decision last year in Mesa County Bd. of County Comm’rs v. State of Colorado.
Because of the opinion, which redefined the phrase “tax policy change,” state lawmakers are now free to increase state revenue by more than $2 billion by repealing tax credits and exemptions most had considered untouchable under the Taxpayer’s Bill of Rights, or TABOR. It’s expected that the JBC will play a leading role in which corporate- and sales-tax exemptions to keep and which to kill. (Related reading: A Chink In TABOR’s Armor: Mill-Levy Ruling Reverberates Widely)

As Clear The Bench Colorado has noted for months, the Colorado Supreme Court ruling did more than just lock in an upwards ratchet on property taxes with the “Mill Levy Tax Freeze” ruling - it also opened the door to millions - even billions - in new taxes on the hard-pressed citizens of Colorado by eliminating long-standing constitutional protections for a long list of existing tax credits and exemptions, allowing the legislature to impose what are in effect substantial new taxes without a vote of the people, as has been required under the Taxpayer’s Bill of Rights, or TABOR.

Just for “fun” - try the “New Tax Lottery” - brought to you courtesy of the Colorado Supreme Court’s ruling upholding “Backdoor Bill” Ritter’s “Mill Levy Tax Freeze”. (View the list, then take the survey).

Outraged?  You should be - and the Mullarkey Majority on the Colorado Supreme Court is primarily to blame, for blatantly disregarding constitutional limits and undermining the rule of law.

Fortunately, in the coming election year (November 2010), We The People have a constitutional remedy already in place: 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 herself).  They 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 rights and benefits of the rule of law, not rule by activist, agenda-driven “justices.” DON’T GIVE IT TO THEM!  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote as these unjust justices stand for retention in Nov. 2010!

In today’s (Wednesday) Denver Post, editor/columnist Vincent Carroll, while taking Scott McInnis to task for “budgetary vagueness” in the ‘Platform for Prosperity’ and other campaign statements to date, lauded the platform (aka ‘Contract for Colorado’) for adherence to constitutional principles:

The best thing about Scott McInnis’ new “Platform for Prosperity” is that it shows a respect for voters and the Colorado Constitution. That alone is cause for celebration, given the serial disregard for voters’ rights and constitutional language during the past three years.

The voters of Colorado certainly have a right to expect that their officials - elected OR appointed - demonstrate respect for their rights and for the Colorado Constitution.  As Carroll points out, those rights - such as the right to vote on tax increases, guaranteed under TABOR - have been increasingly undermined (if not downright ignored) by all branches of Colorado government over the last several years.

In other words, no more end runs around the Taxpayer’s Bill of Rights to hike property taxes by the trick of freezing mill levies rather than allowing them to decline. No more plans to raise $130 million by lifting long-established tax exemptions while ignoring the TABOR requirement that any “tax policy change directly causing a net tax revenue gain” must go to a popular vote.

And no more repealing spending caps for the general fund without asking voters for permission, as TABOR demands.

What Carroll does not mention - at least, not explicitly - is the fact that these “end runs around the Taxpayer’s Bill of Rights” were ONLY able to occur with the active involvement of the ruling majority on the Colorado Supreme Court.  Lower courts had held - properly - that the “Mill Levy Tax Freeze” was clearly unconstitutional.   That would have stopped the “end run” around TABOR in its tracks - but for the complicit (and politically motivated) action of the Mullarkey Majority to overturn the lower court, in clear and blatant disregard of the Colorado Constitution.

The Mullarkey Court also added insult to injury by inventing a rationale to eliminate constitutional protections for “long-established tax exemptions” in that same case - an insult all the more egregious because those tax exemptions were not even at issue in the case, and were only added to the ruling - a major breach of judicial practice by an appellate court - because an activist majority wanted to push its own agenda in further undermining TABOR.

The repeal of the Arveschoug-Bird 6% limit on growth of government spending - previously held to have been incorporated under TABOR - by the legislature with Senate Bill 228 was also “aided and abetted” by the Mullarkey Court.  Since the unconstitutional nature of the repeal (and thus SB228) was clearly established by years of legal commentary and precedent, in a rational universe, the bill would have been challenged and overturned.  However, a legislature emboldened by the Mullarkey Majority’s clear bias against TABOR - no mere statute, but part of the Colorado Constitution - felt no qualms in ramming through a clearly unconstitutional bill, and the opposition (in the legislature and otherwise) saw no prospects for a successful legal challenge.  The fix was in - it was clear that the ruling majority on the Colorado Supreme Court would NOT uphold the Constitution, and the rule of law, despite their sworn duty to do so.  Like the dog that did not bark in the night, the “case that never was” sealed the doom of this legal limit on the growth of general fund spending.

Carroll continues:

If TABOR can be defied any time an attorney offers an inventive rationale, what’s to prevent public officials from ignoring other inconvenient amendments?

What, indeed?  If the Colorado Constitution means whatever a majority on the Colorado Supreme Court says it means on any given day, why bother to have a Constitution at all?  For that matter, why bother to have any rules; just let decisions be made by rulers.  Oh wait; 200-odd years ago, we had just that; but we called them “Kings” and “Queens,” instead of “Supreme Court Justices.”

Our founding fathers established something unique, something very special, when they replaced the divine right of kings - rule unchallenged by constitutional constraints - with constitutional, limited government: the rule of law, not the arbitrary and capricious rule of men (or in this case, women).  “What kind of government have you given us?”, Benjamin Franklin was famously asked on exiting the Constitutional Convention.  “A Republic, if you can keep it”, he replied.

We The People must again stand up in defense of our Constitution - in defense of our rights as citizens - in order to keep our Republic.  We must throw off those who would re-institute a rule of our “betters” - be they termed Kings, Queens, or Supreme Court “Justices.”

Freedom isn’t Free - Defend YOUR Constitution, and 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).  They 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.” DON’T GIVE IT TO THEM!  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on these unjust justices in Nov. 2010!

Today’s announcement (with much fanfare and commentary) of a ‘Contract for Colorado’ emphasizing key principles, positions, or policy prescriptions for conservative candidates for Colorado statewide office picked up on several key themes long espoused by Clear The Bench Colorado.  (Although Clear The Bench Colorado is not affiliated with any political party nor is it partisan in orientation, it does stand for certain key principles - most prominently, holding the judicial branch accountable to the Constitution and the rule of law).

The most obvious correlation or thematic endorsement comes in at #17 (of 20 items):

17. I will appoint conservative judges who respect the Constitution and try to interpret laws, not make them.

Irrespective of whether one characterizes good judges as conservative, constructionist, or just plain constitutionalist, Clear The Bench Colorado exists to hold our Colorado Supreme Court justices accountable to the people, to the Colorado Constitution, and to the rule of law.

Other provisions of the ‘Contract for Colorado’ (also termed the “Platform for Prosperity”) that align with positions taken by Clear The Bench Colorado include:

1. I will veto any bill and oppose any referendum or initiative that seeks to increase state taxes, or temporarily or permanently relax any spending cap or TABOR revenue limit.

This common-sense stance would hardly be worth mentioning, much less given pride of place (the #1 slot) were it not for the Mullarkey Majority’s relentless efforts to undermine or outright eliminate the Taxpayer’s Bill of Rights (TABOR) in a series of increasingly aggressive and unconstitutional rulings.   It is clear that the people of Colorado strongly support this provision of the state Constitution, and defend it against judicial attempts to “interpret” it out of existence in pursuit of a personal, partisan agenda.

4. I will veto, or refer to the public for a vote, any significant fee increase.

Again, this issue would not exist except for last year’s ”November Surprise” unconstitutional ruling by the Mullarkey Majority on the Colorado Supreme Court that effectively eliminated the revenue restrictions on funds collected by “fees” as opposed to taxes - while maintaining the legal loophole allowing “fees” to be imposed without a vote of the people, as is constitutionally required for new or increased taxes.  Thanks primarily to the efforts of Clear The Bench Colorado, public awareness of this issue - and justified anger with the legislators, executive, and unjust justices of the judicial branch who perpetrated this end-run around the Colorado Constitution - is already high, and growing.

6. I will work to reverse the massive increase in property taxes brought about by Governor Ritter’s mill levy freeze, and the car tax increase imposed by SB 09-108.

Clear The Bench Colorado was formed specifically in reaction to the Mullarkey Court’s ruling upholding the clearly unconstitutional so-called “Mill Levy Tax Freeze” ruling (which not only effectively increased property taxes, but also eliminated constitutional protections for a whole list of tax credits & exemptions - in other words, taxes you don’t (or at least didn’t, before the ruling) have to pay).  Clear The Bench Colorado was also among the first and strongest critics of the Colorado Car Tax and other taxes posing as a “fee” increase enabled by the Mullarkey Majority’s November Surprise ruling.

20. I will support efforts to reinstate a meaningful limit on state spending growth

The ‘Contract for Colorado’ final item would also be a moot point but for the Colorado Supreme Court “case that never was” - a legal challenge to the Colorado Legislature’s unconstitutional repeal of the Arveschoug-Bird 6% limit on the growth of state spending in the 2009 legislative session (SB 228) did NOT emerge because it was apparent that “the fix was in” following the Colorado Supreme Court’s blatantly unconstitutional ruling in the “Mill Levy Tax Freeze” case.  The Mullarkey Majority thus “aided and abetted”  the commission of a crime against the Colorado Constitution without even having to lift the proverbial pen to paper - and has clearly emboldened a legislature (and governor) in pursuit of every last dime they can squeeze out of Colorado citizens to spend according to their priorities.

A full 25% (5 out of 20) of the items on the Contract for Colorado/Platform for Prosperity list are derived from issues raised by Clear The Bench Colorado in opposition to an out-of-control, unaccountable Colorado Supreme Court - lending weight to Director Matt Arnold’s statement that casting “NO” votes on retaining the four unjust justices of the Mullarkey Court (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) in office may be the most important votes cast by Colorado citizens in November 2010.

No contract or platform is required to inform yourself on how - and why -  you can and should 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 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 a partisan majority of activist, agenda-driven Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices in 2010!

An article in the most recent edition of the Colorado Statesman -  a  normally nonpartisan and reasonably reliable source of information on Colorado politics and policy - got it dead wrong when mentioning Clear The Bench Colorado at the conclusion of the piece.

Colorado Statesman reporter Janet Simons mischaracterized Clear The Bench Colorado as “a committee devoted to ousting every member of the Colorado Supreme Court” - perpetrating the perception (and partisan criticism) of the grassroots movement to restore accountability to the judiciary as reflexively “anti-judge.”

As astute observers of Clear The Bench Colorado’s many published articles and public appearances are already aware, nothing could be further from the truth.  Holding judges accountable to their sworn duty to uphold the law, not legislate from the bench, is hardly “anti-judge” - just “anti-judicial activism.”  Only those Colorado Supreme Court justices failing in their duty to uphold the Colorado Constitution (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) are recommended for “ousting.”

The Colorado Statesman’s mischaracterization may have been due to the reporter’s need for a storyline “hook” (a typical journalistic device) - casting Clear The Bench Colorado Director Matt Arnold as “perhaps the only disappointed luncheon attendee” in contrast to the remainder who “heard exactly what they had hoped to hear” following pollster Floyd Ciruli’s statement that ““[i]t takes an exceptionally terrible judge to get knocked out of office by the voters,” and “I don’t see it happening.”

Considering the widespread perception that Chief Justice Mary Mullarkey (and her coterie on the Colorado Supreme Court) certainly meets the benchmark of “an exceptionally terrible judge” it seems uncharacteristic of Ciruli, normally a perceptive observer of Colorado political trends, to go so far out on a limb in the admitted absence of any polling data to substantiate his position and in the face of several recent polls (admittedly not as big as Rasmussen) suggesting the opposite conclusion.  Perhaps once Ciruli runs some polls to gauge the actual public perception of the Colorado Supreme Court retention issue he’ll catch up to reality and start singing a different tune…

Don’t wait for the pollsters and pundits to tell you what to think - inform yourself on how - and why -  you can and should 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 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 a partisan majority of activist, agenda-driven Colorado Supreme Court “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining unjust justices in 2010!