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 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 - tonight on SengCenter Radio starting at 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 - exercise your right to vote “NO” this November on the four (er, three now) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, and 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 your contributions - and vote “NO” on giving these unjust justices another 10-year term!

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!

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!

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

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

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

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

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

Get the last laugh on the Mullarkey Majority - Exercise YOUR right to vote “NO” on the four ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and - last not least - Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of rule by an oligarchy of activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and your “NO” vote on retaining these unjust justices this November!

Earlier this week, the Denver Post published an article (AG Suthers may not back 3 on state Supreme Court) which put a partisan spin on the recent statement by Colorado Attorney General John Suthers that he intends to vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot (Justices Michael Bender, Alex Martinez, and Chief Justice Mary Mullarkey).

Much to their credit, the Denver Post (after a call to the editors) today issued a correction to those elements of the story that implied a partisan bias to the statement by AG Suthers and the position of Clear The Bench Colorado.  That correction, on page 2A of the print edition of the Friday, January 22 Denver Post, states the following:

A story Tuesday on Page 1B about the retention of Colorado Supreme Court justices should have made clear that the group Clear The Bench Colorado is nonpartisan.  Also, the story incorrectly reported that the group believes the court makes rulings that are favorable to Democrats.  It should have said the group believes the court has made unconstitutional decisions. [Ed. - PERIOD]

Kudos to the Denver Post editors for displaying the journalistic integrity to make the necessary correction.  This action demonstrates that it IS possible for citizens to insist on fair, unbiased reporting and hold ALL institutions accountable for their actions - from the mass media all the way up to the Colorado Supreme Court.

Unfortunately, since (as a modern, wired kinda guy) I no longer subscribe to the print edition of the newspaper, and didn’t immediately catch the correction to the online version of the story (since added), I bought the print version two days running to track it down - and in so doing, lost $0.25 to one of the Post vending machines.  So, Denver Post - kudos for the correction - but you owe me a quarter! 

Exercise YOUR right to hold our state’s top judicial institution (Colorado Supreme Court) accountable with your “NO” vote this November on the 4 ‘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 an oligarchy of 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 November 2010!

Political enemies of Attorney General John Suthers are attempting to use his recent principled (albeit uncharacteristically bold) statement that he would vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot (Justices Michael Bender, Alex Martinez, & Chief Justice Mary Mullarkey) as a political club with which to rhetorically beat him.

Some of the more radical comments have gone so far to call for his impeachment.

For expressing an opinion?  Now there’s a fine respect for constitutional free speech rights…

Calling for the Attorney General to be impeached is likewise protected free speech (if more than a little bit silly), but many of the attacks have intentionally misrepresented the statement in order to score political points.  In other words, they lied.

One such intentional misrepresentation of the statement was advanced by state Senator Morgan Carroll - a Democrat, and therefore presumably a political enemy of Republican Attorney General Suthers.  In a recent blog post entitled “The Role of the Attorney General” Carroll asserted that the AG stated that

“he would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.

The proper measure for retention of a judge is their judicial performance - not political party.  The Judicial Performance Commission makes these reports available on non-partisan criteria pertaining the experience of lawyers, parties and public with the Judges.

For the states highest law enforcement officer to call for a partisan purge and partisan stacking of the bench raises serious questions.

We need to protect the importance of this office to ensure that it does not get subverted to a partisan agenda on either side…”

Carroll’s polemic intentionally misrepresents both the AG’s statement and the rationale for his position, in a blatant attempt at partisan spin.  Suthers did NOT state that he “would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.”  In fact, he stated that he would vote “NO” on 3 of the 4, and “yes” on the other (ALL Democrat appointments) on the basis of his perception of the constitutionality of their rulings, NOT partisan affiliation.  Accusations of a “partisan purge and partisan stacking of the bench” are knowingly false statements - perhaps the AG has grounds for a libel suit against Sen. Carroll?

We can assert with confidence that Carroll’s statement was knowingly false not only because she cited as the source for her attack the Post article  (AG Suthers may not back 3 on state Supreme Court) which, although itself containing some spin, accurately reported the AG’s statement.

We can also assert with confidence that Carroll knows the facts because we told her so - commenting on her post (which comment she refused to publish - OK, her site, her rules - CTBC also moderates comments, but allows both positive and negative comments to be published).  We afforded her the courtesy of waiting a day to respond; instead, she published only a comment favorable to her attack (calling for the AG’s impeachment).

Our response to Senator Carroll’s possibly libelous, certainly disingenuous statement:

Senator Carroll: Clear The Bench Colorado agrees with your statement that “The proper measure for retention of a judge is their judicial performance - not political party.”  Unfortunately, the Judicial Performance Commission reviews - despite the generally good intentions of the participants in the process - have NOT provided an effective, substantive evaluation of the performance of our courts, particularly at the highest levels.

The Denver Post article has done readers a disservice by casting the retention elections in partisan terms. This is absolutely NOT a partisan issue - we can (and apparently do) agree on that.  Rather, it is a matter of the justices upholding the Constitution and the rule of law (important to ALL parties).

Also, it is inaccurate to assert that the Attorney General stated that “he would not vote for retention for any of the Colorado Supreme Court Justices who were originally appointed by a Democrat.”  In fact, he stated that he would vote “NO” on 3 out of the 4 justices appointed by Governor Romer (and would vote yes on Justice Nancy Rice). The Denver Post article said as much.

We need to protect the importance of our highest court to ensure that is does not get subverted to a partisan agenda on either side. Unfortunately, at least 3 out of the 4 justices (CTBC would argue that it’s 4 for 4) have consistently displayed in their rulings that they endorse such a role for the judiciary.  This behavior should not be tolerated from our justices - vote “NO” on their retention in November 2010. Clear The Bench, Colorado!

Clear The Bench Colorado exists not to attack our institutions, but to defend them - including the “Missouri Plan” that mixes judicial appointments with retention elections, in a well-intentioned attempt to minimize politicization of the judiciary.  Unfortunately, the politicization of the Colorado judiciary has long since been perpetrated by the unconstitutional rulings and pursuit of personal agendas by the four ’unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who are facing the voters in this November’s retention elections.

Exercise YOUR right to vote “NO” on the 4 ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering rule by an oligarchy of 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 November 2010!

Demonstrating the axiom that “if you can’t win on the facts, attack the messenger”, the left-wing attack machine is coming out in force to spin, misrepresent, and attack Clear The Bench Colorado.

After months of attempting to pretend that the important matter of judicial retention elections for the Colorado Supreme Court is a non-issue and suppressing any mention of the existence of an organized campaign to educate Colorado voters on the subject, Denver Post reporter Lynn Bartels exploited the opportunity created by the admittedly bold statement by Attorney General John Suthers that he would vote “NO” on retaining 3 of the 4 Colorado Supreme Court justices on the ballot (Justices Michael Bender, Alex Martinez, & Chief Justice Mary Mullarkey) to put a partisan spin on the AG’s statement, and misrepresented the status of Clear The Bench Colorado as a purely partisan organization.

To clarify: Clear The Bench Colorado is NOT “trying to rid the high court of most of its members” on merely partisan grounds.  Clear The Bench Colorado does not take the position “that the court is making unconstitutional decisions that favor Democrats” - Clear The Bench Colorado “maintains that the court is making unconstitutional decisions.” PERIOD.

Holding our state Supreme Court justices accountable to the people of Colorado, the Colorado Constitution (which they are sworn to uphold) and the rule of law in general is NOT a merely partisan issue.  It is NOT a matter of Democrat vs. Republican, Left vs. Right - but a matter of whether justices are fulfilling their proper function of being impartial referees instead of acting as partisan political “players.”

The Denver Post article’s spin is subtle, and the misrepresentations mild [Note: the Denver Post editors are upholding standards of journalistic ethics and integrity by issuing a correction to those portions of the article which implied a partisan bias to the Clear The Bench Colorado organization, and are to be commended] compared to the wild allegations, inaccurate attempted guilt-by-associations, and childishly ad hominem attacks (calling Clear The Bench Colorado “nutters” and “fringy perennials” is so mature and persuasive) perpetrated by the rabidly left-wing Colorado Pols blog.

The Colorado Pols article goes on to characterize Clear The Bench Colorado as “judiciary haters scorned by the legal world” - lifting a page from Saul Alinsky’s “Rules for Radicals” (13. Pick the target, freeze it, personalize it, and polarize it), attacking the messenger while avoiding the merits of the message.

The comments by the radical fringe Pols subscribers descend into yet greater depths, starting with an outright lie (”This is bullshit Suthers clearly did not say he won’t support 3 of the justices - they’re putting words in his mouth. People like this give blogging a bad name - for shame”) [Ed.: Sorry, "DavidThi808", that's EXACTLY what he said - your lie gives blogging a bad name], projecting their own psychological issues (”The abject hate directed at most people who are not like them is huge”) and spewing  a scattering of insult, invective, and name-calling (”rabid ideology”, “if, somehow, they got their lame wish now, their juvenile actions won’t be forgotten”, “these creeps go after the judges”, etc.) - truly a fascinating glimpse into the “progressive” mindset.

The Colorado Pols “Fringy Perennials” piece is ably deconstructed in an article by Jimmy Sengenberger of SengCenter Radio fame on the Peoples Press Collective site; some excerpts:

In what one could claim is a sign of fear over the significant headway CTBC is making across Colorado, the…  folks at Colorado Pols left no doubt as to their irritation with the organization…

Never has there been a campaign of this kind run in the history of the state. … In fact, there has never been a campaign to convince Coloradans to actually “vote the rascals out.”  Prior to CTBC, all Coloradans had available as a resource were the recommendations of the State Commission on Judicial Performance that are found in the Blue Book every election. …

The reality is that this is a grassroots effort led by the people, not “Republican elitists” or “Big Elves” on loan from Santa’s Political Workshop of Perennially Fringy Politics, nor is it run by “judiciary haters,” but rather genuinely concerned citizens - citizens worried that their rights under the Colorado Constitution are being trampled upon by an overzealous Supreme Court.  And the number of citizens from throughout the state jumping on board the CTBC train are growing. …

Never before has there been so much stinky fodder on the matter, from the blatantly unconstitutional tax increases stemming from the railroading of TABOR to their rulings that the Supreme Court, not the legislature, is supposed to be the guide for properly allocating education funding and managing redistricting, along with a growing resume of constitutional violations.  The actions of the Mullarky Majority of the Supreme Court, in case after case after case, have been indefensible and in clear violation of the Constitution, if not outright disdain or ignorance of it. …

Judicial activists, liberal bloggers, and Democratic operatives can cry “fringy” and “extremist” all they want on the “Big Elves,” but the reality is that CTBC is a legitimate grassroots effort with a basis in the documented actions of the Supreme Court itself.  Nothing “fringy” or “hateful” about it, though I guess if you believe in constitutional government, maybe you are a little “perennial” in your desire to protect your constitutional rights.  But is that really such a bad thing?

Couldn’t have said it better myself, Jimmy.

Clear The Bench Colorado exists not to attack our institutions, but to defend them - including the “Missouri Plan” that mixes judicial appointments with retention elections, in a well-intentioned attempt to minimize politicization of the judiciary.  Unfortunately, the politicization of the Colorado judiciary has long since been perpetrated by the unconstitutional rulings and pursuit of personal agendas by the four ’unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who are facing the voters in this November’s retention elections.

Exercise YOUR right to vote “NO” on the 4 ‘unjust justices’ of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your homes and business from seizure by rapacious governments, and your right to enjoy the benefits of the rule of law, instead of suffering rule by an oligarchy of 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 November 2010!

Clear The Bench Colorado Director Matt Arnold interviewed by Jimmy Sengenberger of SengCenter radio on the importance of impartial justices, judicial philosophy, and upholding the rule of law against the backdrop of President Obama’s nomination of Sonia Sotomayor to the U.S. Supreme Court and the failure of the “Mullarkey Majority” on the Colorado Supreme Court to live up to the standards of jurisprudence demanded of justices at the highest level.

Matt discusses some of the reasons that Colorado voters should “clear the bench” in 2010 by voting “NO” on four “unjust justices” of the Mullarkey Majority (Justices Michael Bender, Alex Martinez, Nancy Rice, and Chief Justice Mary Mullarkey) and how the Sotomayor nomination provides a teaching moment on the attributes, qualities, and standards expected of judges.

Listen to the interview (which starts at about halfway through the show, @29 minutes)