Media coverage of Clear The Bench Colorado, the Colorado Supreme Court, and the issue of “merit” selection & retention of judges nationwide came in a veritable torrent over the weekend, instead of trickling in over the course of a week…

Leading off the weekend’s coverage of Clear The Bench Colorado was, somewhat surprisingly, the New York Times lead editorial (by none other than NYT publisher A. G. Sulzberger himself!) online on Friday 24 September and again on page A1 of the Saturday 25 September print edition.  The editorial (”Voters Moving to Oust Judges Over Decisions“) noted:

Around the country, judicial elections that were designed to be as apolitical as possible are suddenly as contentious as any another race.

Among the three “judicial elections” profiled in the piece discussing the “merit selection system” (which Sulzberger appears to uncritically support, despite concerns about the lack of transparency and accountability in the process as it has been implemented in several states, especially Colorado):

…a conservative group called Clear the Bench Colorado is citing a host of decisions in seeking to oust the full slate of justices on the ballot there, urging voters, “Be a citizen, not a subject.”

Sulzberger bemoans the “the amount of money spent on retention elections this year” upsetting “previously quiet judicial elections” around the country.  Rather than applaud the increase in transparency and accountability now being applied to an increasingly active and powerful one-third of our government, and the exercise by citizens in many states of their constitutional right to hold incumbent government officials accountable, Sulzberger quotes an academic who maintains that the retention vote was only “meant as an extreme measure.”

However, a leader of the movement to oust Iowa justices on the ballot this year (coincidentally, also three) ably summed up the mood and motivation of the nationwide judicial accountability movement:

“It sends a powerful message,” he said, “That if justices go outside the bounds of their oaths, if the justices go outside the bounds of the U.S. and state constitutions they’re going to be held accountable.”

Meanwhile, back at the ranch…

The weekend news on the judicial (non)retention front was dominated by the stunning Friday afternoon announcement by the administrative law judge (technically, an appointed executive branch employee) hearing the series of “Colorado Ethics Watch” (CEW, pronounced “sue” - it’s what they do) attacks on Clear The Bench Colorado that the rules under which we have operated for over a year now have to be changed.

The judge’s ruling - contrary to over a year of established practice, “reams of documentary evidence” and the testimony of the office of Secretary of State Elections Division director that Clear The Bench Colorado properly filed as an “Issue Committee” - decreed that, although we properly acted on guidance issued by the Secretary of State’s office, CTBC must RE-file as a “political committee.”  Kinda late in the game for a complete rules change, wouldn’t ya think?

The ruling can be read as an attachment to the article by Law Week Colorado (”Clear The Bench Colorado Subject To Contribution Limits, Judge Decides“), one of the first to go to press on the issue.

Around the state, the story was also covered by:

• Grand Junction Sentinel (”Judge rules against group named Clear the Bench“),
• Westword (”Colorado Ethics Watch wins Clear the Bench case, but still may have to pay some legal fees“)
• Colorado Independent (”Judge rules against Clear the Bench in campaign finance case“)
• CBS-4 Denver television (”Colo. Group Fighting Judges Loses Funding Dispute“)
• Fox-31 KDVR television (”Clear The Bench Colorado, a group fighting judges, loses funding dispute“)

Nationally, the story was picked up by:

• Associated Press (“Clear The Bench Colorado, a group fighting judges, loses funding dispute“)
• Huffington Post (”Clear The Bench Colorado Subject To Contribution Limits, Judge Decides“)
• State Politics.com (”Judge rules against Clear the Bench in campaign finance case“)
• UPI (United Press International) (”Judge rules against Clear The Bench in campaign finance case“)
• Washington Examiner (”Colo. group fighting judges loses funding dispute“)
• even the Rockford, Illinois Register-Star (”Colo. group fighting judges loses funding dispute“)

… and that’s just on Friday!

On Saturday, some news outlets expanded their coverage, including this piece by the Colorado Independent (”Gessler shocked by Clear the Bench campaign finance smackdown“) which, despite the overwrought and hyperbolic title, actually provides some insight into the case and background on the overall issues at stake.

A more sleepy (or sports-obsessed) Sunday saw one additional article:

• Eagle County Times (”Does this seem right - to you?“)

On Monday, the coverage ramped up again, with new and expanded articles:

• Westword: (”Clear the Bench’s Matt Arnold: Court win for CO Ethics Watch a victory for big $ over little guy“)
• Colorado Independent: (”Clear the Bench ruling limits donations in key weeks before election“)
• and nationally, profiled on the George Soros-funded “Justice At Stake Campaign” site: (”Colorado Ouster Group is ‘Political,’ Judge Rules“)

Curiously, despite ALL of the coverage - in print, online, on the air - statewide and nationally, Colorado’s “newspaper of record” (the Denver Post) spilled not one drop of ink covering the story.  (Perhaps they were distracted by noise from the loud and raucous celebrations upstairs by their $1.6 Million/year renters when the Colorado Supreme Court ‘unjust justices’ heard the news from real journalists).

Fortunately - despite setting a terrible precedent, and ensuring that the “big money” in judicial retention elections will continue to be non-transparent and unaccountable (such as the tens, if not hundreds, of thousands spent already by legal establishment special-interest groups promoting a “retain” campaign for judicial incumbents) - the ruling has little effect on the ongoing activities of the state’s only grassroots judicial accountability organization, Clear The Bench Colorado.

Clear The Bench Colorado has been consistently open, honest, and above-board in educating the public, and has scrupulously followed the rules under Colorado campaign finance law for over a year.  In a campaign that has been conspicuous for its LACK of big-money interests and “large contributions” (Toro is whining about two - TWO! - contributions exceeding $500), CTBC has acted with complete transparency and absolute accountability to educate voters as to their right to hold judicial incumbents accountable for their performance in office, and to shed light on the records of judicial incumbents at the highest levels - providing substantive information on which voters can base an informed decision.

The legal establishment and the political ruling class don’t want you to get informed; they prefer to keep you in the dark, or failing that, convince you NOT to exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The legal establishment and the political ruling class don’t want you to get informed; they prefer to keep you in the dark, or failing that, convince you NOT to exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America and is profoundly affecting Colorado Politics in this year and beyond…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009 - we’re back for more in 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining our legislative district boundaries (including both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the announcement by Chief Justice Mullarkey that she would resign rather than be held accountable by Colorado voters - at the Southern Colorado Tea Party meeting Thursday (6PM).

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - get informed, then exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

Clear The Bench Colorado discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining the boundaries of our legislative districts (at both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the recent announcement by Chief Justice Mullarkey that she would resign rather than be held accountable by Colorado voters -at the Douglas County Republican Women’s luncheon Wednesday.

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - get informed, then exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America and is profoundly affecting Colorado Politics in this year and beyond…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009 - we’re back for more in 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining our legislative district boundaries (including both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the announcement by Chief Justice Mullarkey that she would resign rather than be held accountable by Colorado voters - at Monday’s We Are The People rally (Denver Capitol west steps starting at 11AM)

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - get informed, then exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

A rash of recent thefts may have been inspired by a Colorado Supreme Court ruling…

The Colorado Supreme Court’s ‘Gang of Four’ under their ringleader Chief Justice Mary Mullarkey (who’s skipping town rather than face justice in November) have gotten away with a series of crimes against our Constitution over the last few years, including:

• ‘Mill Levy Tax Freeze‘ property tax increase (”Freeze!” Property tax, reach for the sky!)
• ‘Dirty Dozen‘ tax increases (2010) and the 2009 tobacco tax increase (”Hand over your Tax Credits & Exemptions“)
• ‘Colorado Car Tax’ (It ain’t a mugging - er, tax; it’s a “fee”)
• ‘Telluride Land Grab’ (What’s yours isn’t yours if WE say so)
• ‘Mary-Mandering’ legislative districts (grabbing redistricting power from the legislature, where it belongs)

The crime spree isn’t over yet; the ‘Gang of Four’ is targeting yet more tax increases and has gun rights in their sights, too.

The Colorado Supreme Court’s rampant lawlessness has apparently inspired other, more petty crimes. Recently, your uncaped crusader for justice was the victim of such a crime: my license plate was stolen (right off my car!)

How is this petty crime linked to the Colorado Supreme Court, you ask?

As I discovered this morning when at the DMV to obtain replacement plates, such thefts are far from rare; indeed, there has apparently been a rash of such thefts, since the Colorado Car Tax (er, vehicle registration “fee” increase - brought to you courtesy of the Colorado Supreme Court) went into effect a year ago.  Most of the thefts seem to be inspired by the desire to avoid the punitive “late fees” - an over $31.5 Million ‘Highway Robbery’ aided and abetted by the Colorado Supreme Court.

Unintended consequences?

Criminologists (and parents) know that if bad behavior goes unpunished, it will only get worse.

Colorado has seen an intensifying pattern of bad behavior by our state supreme court over the last ten years of the Mullarkey Majority’s reign.  Colorado Citizens have the right - indeed, we have the duty - to hold those behaving badly accountable, at the ballot box.

Don’t let them get away with continued bad behavior - 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; soon 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 being taken away through 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, 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 incumbent unjust justices in office for another 10 years!

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!

The resurgence of “We The People” in the form of local citizens banding together in grassroots civic action organizations to defend our constitutional rights is THE continuing political story of the year 2010 in America and is profoundly affecting Colorado Politics in this year and beyond…

Clear The Bench Colorado Director Matt Arnold is both proud and humbled to have been invited as a guest speaker to several such groups over the last several months - beginning with the massive (7000+) crowd at the first Tax Day Tea Party rally at the Denver Capitol and continuing through several events throughout the Spring (examples here, and here), Summer (examples here, here, and here) Fall (examples here, here, here, here, and here) and Winter (examples here, and here) of 2009 - we’re back for more in 2010, most prominently at the Tax Day Tea Party rallies on April 15th.

Clear The Bench Colorado Director Matt Arnold discusses the impact of Colorado Supreme Court rulings leading to a massive expansion of government power (at the expense of YOUR constitutional rights) and vastly increased taxation (such as the “Mill Levy Tax Freeze” property tax increase, the “Dirty Dozen” tax increases and of course the Colorado Car Tax (er, “vehicle registration fee”) increase, along with the dominant role of the Colorado Supreme Court in determining our legislative district boundaries (including both the State and Federal level - deciding how YOU will be represented in Congress and in the Colorado Legislature) and the issue of judicial retention elections for the Colorado Supreme Court following the announcement by Chief Justice Mullarkey that she would retire rather than be held accountable by Colorado voters - in Walden Wednesday evening starting at 7:00PM at the River Rock Cafe, continuing a tour of northwest Colorado this week (after being in Steamboat Springs over the weekend, and again earlier today for a special in-studio appearance on the Cari & Rob Show).

The Colorado Supreme Court - and particularly, the Chief Justice - exercises enormous power (”clout”) over the lives of Colorado citizens.  The current majority has repeatedly demonstrated that it does not exercise this power with restraint or consideration for your constitutional rights - ruling consistently against individual protections and in favor of expanded government power.  Upholding tax increases (such as the “Mill Levy Tax Freeze” property tax increase, or the “Dirty Dozen” new tax laws) imposed without the required vote of the people, enabling taxes to be collected under the guise of “fees” (such as the Colorado Car Tax), expanding eminent domain abuse to seize people’s property, and grabbing the (legislative) power to draw up voting districts (aided by the recent “Mary-mandering” bill) - this court is acting like rulers, with you as the subjects; re-writing the laws, instead of upholding them.

Be a citizen, not a subject - get informed, then exercise your right to vote “NO” this November on the four (er, three remaining) ‘unjust justices’ of the Colorado Supreme Court’s “Mullarkey Majority”- (Justices Michael Bender, Alex Martinez, Nancy Rice, and soon-to-be-minus Chief Justice Mary Mullarkey) who need YOUR approval to continue taking away your constitutional rights: your right to vote on tax increases, your right to defend your home or business against seizure via eminent domain abuse, your right to be fairly represented in the legislature and Congress, and your right to enjoy the benefits of the rule of law, instead of suffering under rule by activist, agenda-driven “justices.”  Continue to support Clear The Bench Colorado with your comments (Sound Off!) and contributions - and vote “NO” on giving these unjust justices another 10-year term!

Clear The Bench Colorado 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 - on the Cari & Rob Show Wednesday starting at 11:30AM.

(Listen to the podcast!)

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!

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!