Editor: You’re being asked to select the judges who will serve in the 23rd Judicial District. That’s what Amendment D is all about. For all of you who don’t live in the 23rd Judicial District, that may seem odd. That’s because it is.
The Colorado Constitution already provides the method by which judges in the 23rd Judicial District are to be selected. The 23rd Judicial District’s nominating commission is to accept applications and choose nominees to provide to the governor. The governor then selects from those nominees who will serve as a judge.
In other words, the 23rd Judicial District selects its own judges. The state constitution says so. It’s in Article VI, Section 20 which provides the system is to be used for any “vacancy in any judicial office in any court of record….” So then why do we have Amendment D?
The 23rd Judicial District was created by dividing and downsizing the 18th Judicial District, which means it’s going to have too many judges. The General Assembly has already determined that the 18th will have 7 judges too many.
Those judges don’t want to lose their jobs. They want to keep being judges. And that’s where Amendment D comes in. It’s a proposed constitutional amendment to keep those 7 judges working as judges in violation of current constitutional provisions – sections 11 and 20 of Article VI.
Seven judges got the entire General Assembly to adopt a referendum just for them. The focus should be on the citizens of the 23rd Judicial District. But that’s not what judges wanted.
The judicial branch has an incredibly powerful lobby at the state capitol. Although our judicial system is based on judges not being involved in politics, our judicial branch constitutes the most powerful lobby in the state.
The citizens of the 23rd Judicial District should be outraged. Why should they get leftover judges from the 18th as opposed to selecting their own judges? Why should they be treated differently than citizens in other judicial districts?
It’s because all those judges up for retention on your ballot are a part of an incredibly influential judicial lobby. They’re not term-limited like legislators. They make a lot more money than legislators. They don’t disclose their political affiliation like legislators.
Furthermore, the judicial branch has a full-time lobbyist (legislative liaison) who has great sway with legislators. The judicial branch also has a state court administrator who’s hired by the Supreme Court and who has a lot of influence under the dome.
Judges run roughshod over the General Assembly. It’s not a fair fight. The checks and balances that are supposed to be in place simply aren’t there. The legislature does what judges want. That’s why we have Amendment D – a proposal for a one-time exception in the constitution that would benefit seven individuals.
Voting “no” on Amendment D preserves the constitutional right of the citizens in the 23rd Judicial District to select their own judges through their nominating commission. Voting “yes” on Amendment D temporarily suspends the constitutional rights of the citizens in the 23rd Judicial District and forces them to accept 7 judges who served in another judicial district.
The most troubling aspect of Amendment D is that the judicial branch is being deceptive. Article VI, Section 20 of the state constitution clearly provides the method for selecting judges for any vacancy. This includes vacancies in a new judicial district. And Article VI, Section 11 provides a residency requirement that would temporarily be lifted for the 7 judges.
Amendment D is completely unnecessary. If the constitution really needed a correction, the proposal would be for a general provision that would apply when more judicial districts are created in the future. Amendment D doesn’t do that.
What it shows us, however, is that our legislature caters to the judicial branch’s desires. And that’s a valuable lesson.
Chris Forsyth is an attorney and Executive Director of The Judicial Integrity Project.
—Chris Forsyth, via letters@sentinelcolorado.com
Amendment D and the way it’s being promoted is incredibly disingenuous, and all informed voters–all voters, period–should be disgusted at this insult to their intelligence.
We have a serious problem with the probity and transparency of the judicial branch in this state, of which this proposed constitutional amendment is but one egregious symptom. VOTE NO on this underhanded attempt to pull the wool over the eyes of the citizens of Colorado, and check out the Judicial Integrity Project for more information regarding the deeper issues it illustrates with the state’s judiciary.