Clear the bench Colorado

18 Oct 2010 06:32 #1 by charm
I finished my ballot yesterday, but wasn't sure about judicial retention. I did some research with the ubiquitous blue book which recommended retaining all justices. Then I found Clear the Bench Colorado, which does not:

Clear The Bench Colorado is a grassroots movement to hold Colorado’s judicial branch - particularly, but not exclusively, our Supreme Court justices - accountable to the Colorado Constitution and to the people of Colorado.

http://www.clearthebenchcolorado.org/about/
I tried to find out who's behind this site, and why they do not want to retain the current Supreme Court Justices.

The Clear The Bench Colorado Mission:

Educate Colorado voters on the importance of judges observing principles of the “rule of law” in deciding cases;
Educate Colorado voters on their right to non-retain judges who do not follow these principles;
Advocate for the non-retention of justices statewide who demonstrate a consistent pattern of deciding cases in contravention of the Colorado Constitution, established statutory law, legal precedent, & “rule of law” principles (naming judges as necessary to educate voters).

Under the evaluation link:

The following matrix summarizes some of the Colorado Supreme Court cases over the last decade which have had the greatest impact on the largest number of Colorado Citizens, and how each of the incumbent justices appearing on the November ballot voted in each case.

Who are these people (the ones behind clear the bench) and do they have an agenda (hidden or not)?

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18 Oct 2010 06:46 #2 by ShilohLady
Replied by ShilohLady on topic Clear the bench Colorado
From what I understand, they are mostly upset with the supreme court permitting the additional FEES on motor vehicles, bypassing Tabor because they're 'fees' not 'taxes'.

I heard on the radio that http://knowyourjudge.com/ is a good site, evaluating judges based on how those who see them in action rate them.

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18 Oct 2010 07:19 #3 by FredHayek
Replied by FredHayek on topic Clear the bench Colorado
The three Colorado Supremes up for retention are leftist, activist justices. I do believe one is only a moderate lefty, Nancy? I support Clear The Bench this election cycle. Too often people want to boot out the incumbents but then leave the judges in place.

Thomas Sowell: There are no solutions, just trade-offs.

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18 Oct 2010 07:30 #4 by charm
Replied by charm on topic Clear the bench Colorado

ShilohLady wrote: From what I understand, they are mostly upset with the supreme court permitting the additional FEES on motor vehicles, bypassing Tabor because they're 'fees' not 'taxes'.

Yes, Shiloh, that seems to be the main issue, the end run around TABOR, property tax freeze, what is referred to as the dirty dozen, etc.

"WANTED: Off the Supreme Court Bench, for Aiding and Abetting
Unconstitutional Property Tax Increases (Mill Levy Tax Freeze)
Unconstitutional elimination of Tax Credits & Exemptions (tobacco tax, "Dirty Dozen" taxes)
Unconstitutionally re-defining Taxes as Fees (Colorado Car Tax, Ritter Gun Tax)
Unconstitutional expansion of eminent domain property seizures (Telluride Land Grab)
Unconstitutional usurpation of legislative power (judicial redistricting, school funding)"

ShilohLady wrote: I heard on the radio that http://knowyourjudge.com/ is a good site, evaluating judges based on how those who see them in action rate them.

CTBC wrote: "(Some viewers may wonder why we include the recommendations and “reviews” of the State Commission on Judicial Performance, since their conclusions are the opposite of what our analysis indicates. Quite simply, we welcome the comparison - look at their “evaluations”, then compare them with our analysis. We think that discerning readers will agree - the “Blue Book” narratives lack substance, and provide little or no useful information on which to base an informed decision)."

knowyourjudge just links back to the Blue Book, which is not the most unbiased resource. Relying on the Blue Book doesn't give substantive evaluations, especially when it recommends 100% retention of ALL judges.

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18 Oct 2010 07:35 #5 by charm
Replied by charm on topic Clear the bench Colorado

SS109 wrote: The three Colorado Supremes up for retention are leftist, activist justices. I do believe one is only a moderate lefty, Nancy? I support Clear The Bench this election cycle. Too often people want to boot out the incumbents but then leave the judges in place.

Yes, SS109, quite liberal, activist, partisan judges. And if they are booted, who appoints the new ones? The new governor? approved by the new Legislators?

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18 Oct 2010 07:51 #6 by CC
Replied by CC on topic Clear the bench Colorado
Great website Charm. Thx for sharing it. i will be spending a good deal of time on reading through in the next 2 weeks.

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18 Oct 2010 08:10 #7 by AV8OR
Replied by AV8OR on topic Clear the bench Colorado
Did my part on clearing it.

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18 Oct 2010 08:20 #8 by FredHayek
Replied by FredHayek on topic Clear the bench Colorado
Good point that clearing the bench could actually make things worse. Unless Tancredo wins and his coattails include the legislature, very Lefty judges could replace the current justices. I am willing to take the chance.

Thomas Sowell: There are no solutions, just trade-offs.

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18 Oct 2010 08:25 #9 by charm
Replied by charm on topic Clear the bench Colorado

SS109 wrote: Good point that clearing the bench could actually make things worse. Unless Tancredo wins and his coattails include the legislature, very Lefty judges could replace the current justices. I am willing to take the chance.

Yes, I'm still researching, but found this:
"Q:What is merit selection and retention of judges?

In 1966, Colorado voters passed a constitutional amendment that abolished partisan elections for state court judges and established a new merit selection system for the nomination, appointment, and retention of state court judges. The constitutional amendment provides that state court judges be appointed rather than elected on a political ticket. The system eliminates the influence of partisan politics, striking a balance between an independent judiciary, while maintaining public accountability.

Each time a vacancy occurs, the Governor selects a new judge from a list of two or three highly qualified nominees chosen by a judicial nominating commission. The judge serves a two-year provisional term before his or her name is on the ballot for retention. Once retained, the judge serves a fixed term – four years for county court judges, six years for district court judges, eight years for court of appeals judges, and ten years for supreme court justices – before his or her name is on a retention ballot again. There is no limit on the number of terms a judge may serve, but the mandatory retirement age is 72."
from http://www.coloradojudicialperformance.gov/faqs.cfm
So I guess it will depend on who is elected in Nov., who will replace them.

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18 Oct 2010 11:31 #10 by FredHayek
Replied by FredHayek on topic Clear the bench Colorado
Interesting that Colorado has a mandatory retirement age for judges but not the national Supreme Court.

I prefer knowing the political party of my judges because often it determines who is tougher on crime and against the death penalty.

Thomas Sowell: There are no solutions, just trade-offs.

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