Amendment d: judicial's deceptive political play

​Why isn’t Colorado’s judicial branch being truthful with you? Because they want Amendment D to pass.
 
It’s a special interest measure that benefits 7 judges at the expense of constitutional rights. But you won’t hear that from Colorado’s judicial branch.
 
If passed, the amendment would temporarily suspend the constitutional rights of citizens living in the new 23rd Judicial District. They have the right to select their own judges through their nominating commission. But not if Amendment D passes. It would allow 7 leftover judges from the downsized 18th Judicial District to fill the new seats in the 23rd Judicial District.
 
A “no” vote preserves the constitutional right of the constituents in the 23rd Judicial District to select their own judges through their nominating commission. Amendment D would create a one-time exception to the constitution (Art. VI, Sec. 20) to allow 7 judges currently serving in the 18th Judicial District to transfer to the new 23rd Judicial District.
 
It’s said that Colorado’s judges aren’t involved in politics. This year’s Amendment D shows that’s not an accurate statement.
 
The worst thing is that the judicial branch is not being straightforward and truthful with voters. The amendment is a black eye on the judicial branch.
 
We should not alter the state constitution for a one-time issue. If there was really a problem with the state constitution, the amendment should create a general process for future instances when a district is divided into two districts. This amendment does not do that. That’s because there is no flaw in the state constitution.
 
The proposed amendment is an example of the improper influence the judicial branch has over Colorado’s General Assembly. Seven judges can get the General Assembly to adopt a referendum for a constitutional amendment that would allow them to keep their jobs.
 
Getting a measure on the ballot to hold judges accountable, however, is all but impossible because judges don’t want to be held accountable. Judges aren’t just deciding legal issues in Colorado. They have great influence over the policies the legislature adopts.
 
Although Colorado removed contested elections for judges in the 1960s, what was created is an incredibly powerful, publicly funded judicial lobby that lobbies for what judges want. What judges want is not always what is best for the people.
 
If judges continue having such an improper influence over the legislature, we need to know the political parties to which the judges belong when we vote to retain them. Although a return to contested elections is not a favorable approach, it may be necessary given the political activity of Colorado’s judicial branch.
 
This proposed amendment shows that Colorado’s legislators are compromised. The judicial branch has far too much direct contact with the members of the General Assembly. The judicial branch has a full-time lobbyist (legislative liaison) at the legislature. Furthermore, the state court administrator, who’s selected by the Supreme Court, also has great sway with legislators.
 
We need to limit the contact between the judicial branch and the legislative branch to reduce the inordinate amount of influence the judicial branch has over the policies adopted by the legislature. Should there be a constitutional amendment to specifically allow 7 judges to keep being judges?
 
If the amendment passes, it may result in significant litigation regarding whether the judges were appropriately selected. Citizens of the 23rd Judicial District may challenge the judges selected under Amendment D, arguing that they are treated differently than citizens in all other judicial districts. Is there a good reason to treat citizens in the 23rd Judicial District differently than citizens in all other judicial district?
 
At the very minimum, the judicial branch needs to be honest with the people of Colorado. There is no uncertainty regarding how the judges in the new 23rd Judicial District will be selected if the amendment does not pass. Article VI, Section 20 of the Colorado Constitution clearly states how all vacancies are filled – a judicial district’s nominating commission nominates candidates from which the governor selects judges.
 
It's not a good look for the judicial branch to be deceiving the people of Colorado with this amendment and its arguments for the amendment. It certainly does not inspire trust and confidence in the judiciary.

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