Colorado taxpayers have taken a real beating over the last several years, courtesy of several Colorado Supreme Court rulings which have set aside the clear language of the Colorado Constitution (Article X, Section 20 - the Taxpayer’s Bill of Rights) to enable a series of unconstitutional tax increases by other names; some of the most prominent examples:

• ‘Mill Levy Tax Freeze‘ property tax increase (calling the tax increase a “rate freeze”)
• ‘Dirty Dozen‘ tax increases (2010) and the 2009 tobacco tax increase (calling tax increases “elimination of Tax Credits & Exemptions“)
• ‘Colorado Car Tax’ (enabling tax increases by calling them “fees” instead of taxes)

Another assault on taxpayer rights - and a potential blow to local governments, since the state government is proposing to take revenue away from localities - is brewing with the Colorado Supreme Court’s announcement Monday that it will review (and potentially reverse) the finding of the Colorado Court of Appeals that a severance-tax increase violates the Colorado Constitution (Article X, Section 20 - the Taxpayer’s Bill of Rights).  As announced on the Law Week Colorado website yesterday (Monday) (”Colorado Supreme Court Will Hear Coal-Severance Tax Case“),

The Colorado Supreme Court announced on Monday that it will review the Court of Appeals’ February decision that the state’s coal-severance tax violates the Taxpayer Bill of Rights, or TABOR. The case was a rare win in the appellate courts for TABOR.

It would be an even rarer win for Colorado taxpayers (in fact, it would be unprecedented - since the current Mullarkey Majority has NEVER found in favor of taxpayer’s rights despite the clear language of the Colorado Constitution (Article X, Section 20 - the Taxpayer’s Bill of Rights) in over a dozen major cases) if the Colorado Supreme Court does not overturn the lower court.

It would continue a pattern of politicized rulings by the incumbent majority on the Colorado Supreme Court overturning lower courts who faithfully apply the law and support the Constitution, as written.  The lower court (Colorado Court of Appeals) got it right; outgoing Judge Sean Connelly (a recent - 2008 - Ritter appointee who is returning to private practice, one of several well-qualified, non-political judicial appointments the governor has made, to his credit) issued a superbly clear and concise opinion (which, as the Law Week article pointed out, could be essentially reduced to a few simple sentences):

We hold that TABOR precludes the challenged coal severance tax adjustments. Our holding is based on a simple syllogism:

(1) TABOR prohibits increasing tax rates without voter approval. Colo. Const. art. X, § 20(4)(a); Nicholl v. E-470 Public Highway Auth., 896 P.2d 859, 867 (Colo. 1995).

(2) Applying the statutory formula increased the coal severance tax rate (initially from $0.54 to $0.76 per ton) without voter approval.

(3) Therefore, TABOR was violated.

So simple, even a caveman could understand it.

Unfortunately, the Mullarkey Majority on the Colorado Supreme Court has consistently demonstrated a more sophisticated view of the Colorado Constitution - redefining clear language and twisting logic to reach a pre-determined outcome in pursuit of a personal, political agenda.  The incumbent majority has demonstrated time and again that it is less interested in upholding the law (acting as fair and impartial referees, the proper role of a judge) than in advancing an agenda (as players, supporting their ‘team’).

Ironically (or perhaps not so ironically, given the role on the Supreme Court Nominating Commission played by retiring Chief Justice Mary Mullarkey, who announced in June that she would retire rather than be held accountable by Colorado voters this November), the lead attorney in advocating for the violation of taxpayer’s rights in this case is none other than:

Deputy Attorney General Monica Marquez, one of three finalists for the upcoming vacancy on the state Supreme Court, [who] handled Court of Appeals briefing and oral arguments for the state.

Marquez has actively advocated on several occasions against Colorado taxpayers; in addition to this case, she also argued that “fees” are not taxes in the Barber v. Ritter case, advocated in favor of the 2003 judicial takeover of legislative redistricting authority in the Salazar v. Davidson redistricting case, and has sought to restrict the 1^st Amendment rights of citizens seeking to address ballot issues in recent and ongoing cases.  If appointed to the Colorado Supreme Court, she would likely have to spend a considerable portion of her first term (the ‘probationary’ initial 2-year term for any new judge) recusing herself from many cases coming before the court (or be guilty of massive conflict of interest).

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!

“What’s good for the goose is good for the gander…”

We find ourselves in rare agreement with the Denver Post’s editorial board, as they seek greater transparency in the hiring process for government officials, calling for “No More Secrecy in Aurora hiring.”

But if “closed-door meetings to interview city manager candidates” is “disheartening” to the Denver Post editorial board, what of the similarly closed-door process for evaluating potential nominees to the Colorado Supreme Court, who will exert exponentially greater power over ALL of Colorado citizens, not just the residents of a single city?

A common critique of Colorado’s system of “merit selection & retention” for judges is the lack of transparency in commission deliberations (both during front-end judicial selection, and in back-end judicial performance review and retention) and lack of meaningful opportunity for public participation and comment.  This lack of transparency leads to a lack of public confidence in our judiciary and ultimately to a lack of accountability for the increasingly active and powerful Third Branch of our government.

Our judicial system depends more than any other branch of government on public trust and confidence that the law is being applied fairly and impartially for all citizens - that our supreme court justices are fulfilling their proper roles as referees upholding the rules rather than players attempting to score for their “team’s” agenda.

In sports, referees who violate the rules and demonstrate a consistent bias for one team lose their jobs.

In government, because Colorado Supreme Court justices wield so much power, the stakes are much more important than an athletic contest - or the hiring of a city manager for Aurora.

Of course, the biggest political “players” (especially in the ‘legal establishment’) are well aware of this - they naturally prefer the closed-door, non-transparent, unaccountable, political insider-dominated process that allows them enormous influence behind the scenes.

Our view: an informed citizenry and active citizen participation is vital in restoring accountability and transparency to the 3rd branch of state government, the judicial branch - most particularly for the Colorado Supreme Court.

We call upon the Denver Post editorial board to demonstrate some integrity and consistency in their position, and join Clear The Bench Colorado in requesting that the state Supreme Court Nominating Commission (meeting Monday and Tuesday behind closed doors, with NO opportunity for public review or input) release the names and relevant background of the 31 applicants to replace outgoing Colorado Supreme Court Chief Justice Mary Mullarkey (who opted to retire rather than face the voters in the upcoming November elections to fight for another 10-year term in office).

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!

The results are in from the first scientific, statewide survey on the Colorado Supreme Court justices appearing on the November ballot (Justices Michael Bender, Alex Martinez, and Nancy Rice).

Survey Results Show Overwhelming Discontent With Incumbent Colorado Supreme Court Justices

ALL THREE JUSTICES REJECTED BY 78% OR BETTER

Made aware of the anti-taxpayer decisions of the incumbent Colorado Supreme Court justices appearing on the November ballot, an overwhelming majority of the state’s likely voters say they will opt against retaining the justices for another 10-year term.

A survey conducted this week by Magellan Data and Mapping Strategies statistically validates the huge impact and overwhelming resonance of the Clear the Bench Colorado message of judicial accountability with the voters of this state.

The Colorado Supreme Court justices up for voter retention are Michael Bender, Alex Martinez and Nancy Rice.”

The following are the topline results of an autodial survey of 874 likely general election voters in the state of Colorado, conducted the evening of 16 August 2010.  The survey has a margin of error of +/- 3.31% at the 95 percent confidence interval, and was weighted based upon voter turnout demographics from the 2008, 2006, 2004 and 2002 general election cycles.

When asked, “Did you know that Colorado voters have the right to vote “NO” on retaining incumbent Colorado Supreme Court justices in office?” voters answered 68% YES.

When asked, “Did you know that three Colorado Supreme Court justices, Michael Bender, Alex Martinez, and Nancy Rice, are seeking another 10-year term in office in the November election?” voters answered 65% NO.

When asked, “If you were to cast your ballot today, would you vote to retain incumbent Colorado Supreme Court justice Michael Bender in office for another 10-year term?” voters answered 79% NO.

When asked, “If you were to cast your ballot today, would you vote to retain incumbent Colorado Supreme Court justice Alex Martinez in office for another 10-year term?” voters answered 78% NO.

When asked, “If you were to cast your ballot today, would you vote to retain incumbent Colorado Supreme Court justice Nancy Rice in office for another 10-year term?” voters answered 78% NO.

Colorado voters of all ages, ethnicities, gender, and party affiliation in all regions of the state (complete demographic breakdown and crosstabs of survey results available as a separate file) reject these three particular Colorado Supreme Court justices due to a consistent pattern of ruling against what the Colorado Constitution provides.  Thanks to the increased attention focused on the way that these ‘unjust justices’ have violated the public trust and enabled the constitutional rights of Colorado citizens to be set aside, the electorate is waking up to their right to vote “NO” on retaining these incumbents in office for another 10-year term.

Clear The Bench, Colorado!

http://www.clearthebenchcolorado.org

Survey Methodology

This survey was conducted using automated telephone touch tone technology.  The sample was randomly drawn from a Colorado voter file among households with a representative mix of demographics (Gender, Age, Ethnicity, and Political Affiliation) statewide.  The sample included 894 respondents, distributed as follows:

• Gender: 53% Female, 47% Male
• Age: 18-34 (12%), 35-44 (16%), 45-54 (23%), 55-64 (24%), 65+ (25%
• Ethnicity: White (83%), Hispanic/Latino (11%), Black/African American (4%), Other (2%)
• Party Affiliation: Republican (39%), Democrat (34%), Unaffiliated/Other (27%)

(Full crosstabs available as a separate attachment)

About Magellan Data and Mapping Strategies

Magellan CEO David Flaherty has extensive experience in survey research, and applying political data and technology to political campaign decision-making gained throughouthis18yearcareerat the Republican National Committee, the U.S. House of Representatives, and public affairs firms specializing in influencing public opinion. The Magellan team has extensive knowledge constructing and building voter registration databases, performing data analysis, applying GIS mapping technology, conducting quantitative live and automated survey research, predictive modeling analysis, and redistricting technology. Visit MagellanStrategies.com for more information.

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 minus Chief Justice Mary Mullarkey, who’s retiring rather than face the voters ) 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!

“Out with the old, in with the new” - or perhaps more appropriately in this case, “The Queen is dead - Long Live the Queen!”

Sunday’s demolition of the Colorado Supreme Court building to “make room” for a vast, sprawling new “judicial complex” of truly palatial proportions was heralded on the front page of Monday’s Denver Post under the headline “Make Room For Justice!”

Aside from the (admittedly spectacular) pictures accompanying the front-page headline, the Denver Post also ran a story inside (”Denver & The West” section - Colorado judicial building puts on show, disappears).  Interestingly enough, although the Post article mentioned the cost of the demolition ($850,000) it completely failed to mention the cost of the replacement “judicial complex” (possibly out of concern for the sensibilities of the Post’s largest paying tenant - the Colorado Supreme Court is paying the Denver Newspaper Agency $1.6 Million per year over the next three years for their temporary ‘digs’ while the new complex is constructed).

Fortunately, other media sources DID mention the cost of the new complex (in fact, EVERY other media source surveyed at least mentioned the cost of the new complex).  From the media websites:

KWGN/KDVR (Denver 2, 31): (Former Colorado Judicial building imploded, new judicial complex planned)

The space makes way for the $258 million, 600,000-sq-ft. Ralph L. Carr Judicial Complex.

CBS (Denver Channel 4): (”Crowds Gather To Say Goodbye To Landmark“)

The new building will cost $258 million.

NBC (9News.com): (”Parents take children to marvel at Colorado Judicial Building demolition“)

Construction for the new $258 million judicial complex has already started at 14th Avenue and Broadway. It is going to be 600,000 square feet, and will house the Colorado Supreme Court, the Colorado Court of Appeals, and the Colorado Attorney General’s Office, along with a number of other agencies.

Seems like the amount of money being ponied up by Colorado citizens might be a relevant datum, wouldn’t you think?

“Make Room for Justice” or “Justice Held For Ransom?”

Unfortunately, NONE of the news coverage provided any information on just where all of this money to fund this massive new “judicial complex” is coming from (ultimately, of course, from your pockets - but the details are interesting).

Part of the funding for the project (authorized back during the 2008 legislative session under SB08-206 State Justice Center) comes from an unprecedented expansion in use of “Certificates of Participation” (in the words of a state legislator who shall remain nameless, “debt pretending not to be debt”).    In fact, the legislative language specifies that the debt is simply re-defined as ‘not-debt’ by declaring that

the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. [SB08-206, Section 2, (2) (b), page 5]

Last summer, Colorado Treasurer Cary Kennedy was so proud of the ‘not-debt’ incurred to finance the construction of the new judicial complex (and new state history museum) that she trumpeted the great ’success’ in a press release:

The successful financing of over $338 million in Certificates of Participation earlier today to build the new Colorado History Center and the Ralph L. Carr Justice Complex completed one of the largest sales of Build America Bonds to date, announced State Treasurer Cary Kennedy

The extensive use of Certificates of Participation as a funding mechanism to finance construction of the Colorado Judicial Complex is even more interesting in the context of the state treasurer’s race and a ballot initiative to limit government borrowing both being on the ballot this year.

“Crazy on Court Fees”

However, by far the greatest proportion of funding for the new judicial complex comes in the form of increasing the cost of access to justice by Colorado citizens due to substantial increases (including the creation of an entirely new category - the “Justice Center Fund” fee) in court fees.

Want to file a case in civil court, defend yourself against a claim, petition to change your name, or request a civil protection order?  It’ll cost you an extra $37 for the “Justice Center Fund” - per filing.  Small claims court filings?  An extra $11 for the “Justice Center Fund”, thank you.

Oh, and that’s just in your local county court - which may be hundreds of miles away from the yet-to-be-built “Mullarkey Monument” (actually, even the legislature reportedly balked at naming the center after Mullarkey when some legislators dug in their heels and insisted upon another name; honoring former Republican Governor Ralph L. Carr - truly, a principled politician - by naming the center after him is a rather ironic twist).  Need access to justice at the District Court level or higher?  Be prepared to cough up even more in “fees” for the ”Justice Center Fund” - most actions in District Court now cost an additional $68 for the fund, some as much as another $136 or even $204 each, at any of the various District Courts (22 in all) across Colorado, still miles from the as-yet unbuilt Colorado Judicial Complex.

Even “domestic relations” cases across the state are now more expensive thanks to the ”Justice Center Fund” fees - legal separation, annulment, divorce will each cost another $26; child custody registration or child support order, another $15 just for financing the construction of the massive new judicial complex.

Death in the family?  That’ll cost you extra, too - another $15 ”Justice Center Fund” fee for probate filings, estate fees, conservatorship, etc. etc.  Anywhere in the state - all of Colorado now enjoys the privilege of contributing to this marvelous new edifice.

Even an “insufficient funds” return check fee for court payments (already $40, which is double what any private entity is allowed to charge) gets another $10 fee tacked on for the ”Justice Center Fund” (truly adding insult to injury).

Need to fight a case up to a higher court?  Pretty much ANY actions at the Colorado Court of Appeals now costs an additional $68 fee for that ”Justice Center Fund.”  Water Court?  Same story - almost every activity listed incurs an additional $68 for the ”Justice Center Fund” (some activities, such as applying for Change of Water Right or Plan for Augmentation, cost double - $136).

Ironically, the ONLY court where you WON’T have to pay an extra ”Justice Center Fund” fee to pursue justice?  You guessed it - the Colorado Supreme Court, who’s “home” is being financed by all these “fees” in the first place.

(View the full list of Colorado Court Fees - featuring the ”Justice Center Fund” fee)

It has been said that “if you’re not outraged, you’re not paying attention.”  Since “fees” are only supposed to be charged to offset the cost of providing or administering a voluntarily accessed good or service, the proliferation of new “fees” to finance the construction of palatial new digs for the Colorado Supreme Court - holding the administration of justice at county and District courts across the state hostage to this massive new monument to judicial supremacy - is questionable at best, particularly at a time when state resources are already strained and Colorado Citizens are being forced to cut back on personal spending.  Aren’t we supposed to be asked before the government in Colorado can take more of our hard-earned dollars?  Perhaps that’s why the Mullarkey Majority’s decision in the 2008 Barber v. Ritter “Fees aren’t really taxes” case - expanding the use of “fees” by government entities across the state as a means of evading constitutional protections against tax increases - has the taint of self-interest.

Don’t let Justice continue to be held for ransom - exercise your right to vote “NO” this November on the four (er, now 3) ‘unjust justices’ of the Colorado Supreme Court’s incumbent “Mullarkey Majority” (Justices Michael Bender, Alex Martinez, Nancy Rice; soon minus Chief Justice Mary Mullarkey, who’s retiring rather than face the voters ) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax (er, “fee”) increases, your right to defend your home and business from seizure by governments abusing eminent domain, 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 comments (Sound Off!), contributions, and spreading the word about your right to vote “NO” against retaining these unjust justices on the bench for another 10 years!

Clear The Bench Colorado has alerted Colorado citizens over the last several months to the Colorado General Assembly’s underhanded tactic (Colorado Politics at its worst) of circumventing the TABOR requirement to receive voter approval before imposing or increasing taxes by playing the word game of calling the charges “fees” instead, thanks to a ruling by the Colorado Supreme Court in November 2008.

The most universally despised use of this tactic - and the one affecting the greatest number of Colorado citizens - was 2009’s Colorado Car Tax (er, registration “fee”) increase with the “FASTER” bill (SB 108).

The most universally hated - and unjust - part of the so-called FASTER bill (SB 108) is the massive (and now mandatory) imposition of “late fees”.  How massive?  The Denver Post reports today that Colorado drivers

paid nearly $31.5 million in penalties the first year mandatory late fees were in effect.

Last summer - the first year that the new taxes (er, “fees”) were in effect, driver outrage boiled over to such an extent that many county clerks found it necessary to hire additional security (despite the fact that the increases were not their fault).  Some country clerks even took the unusual step of providing pre-addressed postcards (printed on recycled paper at little or no cost) to allow angry drivers to vent their anger at state officials (who passed the tax - er, “fee”) instead (for which they were roundly, and hypocritically, criticized by the Denver Post editorial board - which had no criticism for the thousands of taxpayer dollars wasted on propaganda in favor of the increases).

Many of the county clerks - who had previously had the discretion to impose late fees, which were usually minimal ($10, vs. $25-$100 thanks to “FASTER”) and frequently waived with proper justification, are not fans of the new “fees” despite increased revenue for their districts.  Today’s Denver Post article quotes one:

Weld was one of the counties that hadn’t charged a late fee. Clerk and Recorder Steve Moreno said Friday he was amazed to learn his office collected more than $2 million in late fees the first year.

Of that, $396,160 went to Weld County and the rest to the state. Despite the extra money, Moreno still believes the fees should have stayed at $10 to be imposed at the clerk’s discretion.

“It feels like an extra tax,” he said.

Feels like an extra tax? That’s putting it mildly…

My own county clerk - Arapahoe County Clerk Nancy Doty - also criticized the vehicle “fee” increases (particularly the often unjustifiable but now mandatory “late fee”) and the questionable constitutionality of how they were passed in an article (”County Clerks Required to Enforce Legislature’s New Fees“) published almost exactly a year ago:

It adds about $32 a year to the average registration fee to pay for “Road and Bridge Safety Surcharges”-none dare call it a tax. But wait, there’s more! You used to be able to get by with a $10 late fee if you exceeded the 30 day grace period when renewing your registration. Now, it’s $25 a month, month after month, up to a maximum $100. Got an old boat trailer you take out once or twice a year? Or a hauler you run to the dump with once in awhile. You’d better send that registration card in on time, or you may end up paying more than the vehicle’s worth to re-register if you are late.

…And are these new fees really taxes that should have been voted up or down by the taxpayers? [Ed. YES!  Yes, they are...]

“Why this, why right now and why no vote by the taxpayers?”

Good question.  The answer, of course, is that this “highway robbery” was aided and abetted by the Colorado Supreme Court’s “Mullarkey Majority” (Chief Justice Mary Mullarkey, who recently announced that she would retire rather than be held accountable by Colorado voters this November, along with her colleagues justices Michael Bender, Alex Martinez, and Nancy Rice who remain on the November ballot seeking another 10-year term of office).  The Colorado Car Tax (er, “vehicle registration fee”) increase could not have happened without the Colorado Supreme Court setting aside the Constitution to allow “fee” increases to dodge the constitutional requirement to get prior voter approval for tax increases.

Others have also noted the regressive nature of the tax (hurting most those who can least afford it) along with the multi-year increases built in to the law, saying “the pain of FASTER is just beginning.”

Adding insult to injury, much of the revenue collected by these increased “fees” is not even going to roads and bridges (the stated purpose of the legislation).  That’s right - state and county governments are playing the ol’ shell game with your money, diverting it from the intended purpose (”fix roads and bridges” - a worthy goal) and using it as a general-purpose (or other special-interest) slush fund.  For example, the Denver Post article points out that Jefferson County has

set aside the county’s share of more than $600,000 in late fees to be used for capital purchases and other expenses.

The “FASTER” legislation already explicitly provides for several categories of expenditure not related to “roads or bridges” - an unconstitutional diversion of funds collected as “fees” vice taxes - as noted earlier on this site and in other publications:

The dirty little secret of the FASTER bill is that many of the taxes (er, “fees”) collected don’t go towards the construction or maintenance of roads or bridges at all, but for “multi-modal and demand-side transportation solutions” - such as the desire of certain state Senators for streetcars in Denver - justified by other language in a following section (43-4-812):

43-4-812. Use of user fees for transit - legislative declaration.

(2) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE FUNDING OF TRANSIT-RELATED PROJECTS AUTHORIZED BY SUBSECTION (1) OF THIS SECTION CONSTITUTES MAINTENANCE AND SUPERVISION OF STATE HIGHWAYS BECAUSE IT WILL HELP TO REDUCE TRAFFIC ON STATE HIGHWAYS AND THEREBY REDUCE WEAR AND TEAR ON STATE HIGHWAYS AND BRIDGES AND INCREASE THEIR RELIABILITY, SAFETY, AND EXPECTED USEFUL LIFE.

In fact, the bill MANDATES state spending of $10 Million per year on “transit-related projects.”

It’s an outrageous semantic shell game - and a blatant violation of your constitutional rights.

Don’t get taken for a ride any longer - exercise your right to vote “NO” this November on the four (er, now 3) ‘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 (er, “fee”) increases, your right to defend your home and business from seizure by governments abusing eminent domain, 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!), your contributions, and your “NO“ vote against retaining these unjust justices on the bench for another 10 years!

Clear The Bench Colorado was at the forefront of the opposition to the unconstitutional “Dirty Dozen” tax increases passed by the Colorado Legislature at the start of the session - testifying before the House and Senate Finance Committees that the tax increases were violations of the rights of Colorado citizens under the Taxpayers Bill of Rights to be consulted (by vote) before being subjected to more or higher taxes, despite an interpretation of the Colorado Supreme Court ruling in the “Mill Levy Tax Freeze” case that the requirement to ask first could be ignored.

Among the worst of the “Dirty Dozen” tax increases from both a constitutional and policy perspective was the internet sales tax (or “Amazon Tax”) House Bill 10-1193: Sales Tax Out of State Retailers (Pommer/Heath) - which not only violates the Colorado Constitution (Taxpayer’s Bill of Rights), but also the U.S. Constitution’s 4th Amendment protection against unreasonable searches & seizures, as we stated in testimony before the Colorado Senate Finance Committee prior to the bill’s passage into law:

This bill also presents a constitutional challenge of a different kind – issues of invasion of privacy. Collecting information on every online purchase of Colorado citizens in attempting to enforce this tax will justly provoke extreme outrage. It will also inevitably provoke a host of legal challenges based on 4^th Amendment protections.

Amendment 4
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

We advised the committee that constitutional challenges to this law were practically inevitable, and stood a very good chance of success, even before the frequently anti-constitutional Colorado Supreme Court.  We also advised the committee that citizens would be justifiably outraged by the intrusion into their private affairs since the only way the state could hope to enforce the tax is by obtaining detailed lists of purchases Coloradans made and invading their privacy -  as the bill contains provisions to subpoena online retailers to receive lists of purchases made by Colorado citizens.

Wednesday - brought to my attention earlier today by citizen journalist Ari Armstrong in an article published in People’s Press Collective and Free Colorado (”Business group challenges ‘Amazon Tax’“) the predicted came to pass: someone fought back in court against this unjust law.

It was announced yesterday that the Direct Marketing Association filed a lawsuit in Federal District Court in Colorado challenging the new law as unconstitutional. The DMA cited privacy violations because the new law requires companies to turn over confidential purchasing history information to the Colorado Department of Revenue. The DMA also claims the law unfairly discriminates against interstate commerce.

It’s worth noting that the challenge was filed in Federal court, not in the state courts, because the plaintiffs clearly understand that the Colorado Supreme Court has established a pattern of failing to uphold the law (as written) and that the current majority on the court would have a vested interest in striking down any challenge to the tax increase law since it relied explicitly on an interpretation of their ruling in the “Mill Levy Tax Freeze” case.  It’s a sad state of affairs when businesses and consumers cannot count on the courts in our state to uphold the rule of law.

Defend the rule of law - restore accountability to the Colorado Supreme Court, and bring back balance to the bench - by informing yourself about why the four (er, three remaining) incumbent justices of the Mullarkey Majority (Michael Bender, Alex Martinez, Nancy Rice, and soon to be minus Chief Justice Mary Mullarkey) deserve a “NO” vote in November.  Remember, they need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business from against eminent domain abuse, your right to fair representation in government, 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 exercise your right to vote “NO” on retaining these unjust justices on the bench for another 10-year term!

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 - at the Republican Women of District 2 luncheon Saturday starting at 11:30.

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 ‘unjust justices’ of the Colorado Supreme Court’s “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 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!

An appropriate group and venue, considering that a year ago, only the wildest of optimists would have given ANY chance for Clear The Bench Colorado to have much impact at all, much less lead to the retirement under pressure of the Colorado Supreme Court’s Chief Justice…

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 - at the Denver Monaco South Optimist Club breakfast Friday morning starting at 7:00 AM.

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 ‘unjust justices’ of the Colorado Supreme Court’s “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 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!

Clear The Bench Colorado Director Matt Arnold is taking a break from the normal run of Colorado Politics this Memorial Day weekend to honor those who serve (or have served) in our nation’s armed forces.  As a military veteran and proud “Citizen Soldier” I strongly believe in the importance of saluting the service of all who have honorably worn the uniform.

(A great song and stirring video tribute to our National Guard Soldiers by the rock band 3 Doors Down)

After attending Saturday’s Memorial Day parade in Denver, which drew a small but dedicated crowd, handing out about a hundred small American flags rescued from an event earlier this month (just what is it with people throwing these away?), I spent Sunday with family and friends at the obligatory cookouts and volleyball at the park.  On Memorial Day itself, it’s off to another parade in the morning, and then off to the finish line (Mississippi and Parker) as former state House candidate Arthur Carlson wraps up his “”Skateboarding for Clear The Bench Colorado” event (starting off from Mississippi and Chambers at around 9:30 AM).

What does all of 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.

Our Colorado Supreme Court justices also swear an oath 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 oath of office does not state that ”I will support only those parts of the Constitution 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.  Yes, you can vote “NO” on these unjust 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) 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 via abuse of eminent domain, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, not be ruled by activist, agenda-driven “justices.”  Support Clear The Bench Colorado with your comments (Sound Off!), your contributions, and exercise your right to vote “NO” on retaining these unjust justices in office for another 10-year term!

Need more reasons why voting “NO” on the four Colorado Supreme Court justices up for re-election this year are the MOST important votes you can cast in this very important year for Colorado Politics?

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 - at the Business Leaders for Responsible Government (BLRG) forum Thursday afternoon starting at 4:00 PM.

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 ‘unjust justices’ of the Colorado Supreme Court’s “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 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!