The attack on judicial independence embodied in the proposed Amendment 40 has been adequately captured on yard signs which say, simply, “Bad idea. Serious consequences.”
We didn’t pay for that message, but we’re responsible for repeating it here.
Amendment 40 is a product of a few far-right ideologues who would impose term limits on the state appeals court and the Supreme Court. Now, they have mounted an effort to deny retention to one particular jurist – Court of Appeals Judge Jose D.L. Marquez – in an effort to garner some publicity for their cause.
The attack on judges is being orchestrated by former state Sen. John Andrews, who wants to apply political pressure to the state judiciary and oust some of the judges who overturned his illegal congressional gerrymander effort. Andrews has taken aim at Marquez, a respected, 18-year jurist with a distinctive last name. Andrews says Marquez has made rulings “that are distinctly unfriendly to Colorado’s business community,” though the business community, funny thing, has raised no objections to his retention.
Judicial canons prohibit Marquez from responding anywhere other than a public forum, but others are glad to defend him.
Laird Milburn, a Grand Junction lawyer and former Colorado Bar Association president, has known Marquez since 1972 and said he has a good reputation as a lawyer, judge and an individual. “I am completely mystified by the campaign against him,” Milburn said.
In a survey by the State Commission on Judicial Performance, 99 percent of judges and and 95 percent of lawyers recommended Marquez be retained.
Steve Leben, a Kansas jurist and president of the American Judges Association, says the attack on Marquez resembles other intimidation efforts across the country against judges who rule in controversial cases.
Awilda Marquez (no relation to the judge), president-elect of the Colorado Hispanic Bar Association, wondered if there was a hidden agenda in singling out Judge Marquez. “Is it because of his Hispanic surname?” she asked. “If John Andrews disagrees with Judge Marquez’s findings, that is simply not a reason to take a judge off the bench.”
We urge Colorado voters to brush off the effort to demonize Judge Marquez and to heed the call of Colorado’s ex-governors, the current governor and practically every legal expert in the state: Vote “no” on Amendment 40, a proposal so wrong-headed it can be rebutted on a yard sign.
