It is my intention, early next year, to nominate the Rocky Mountain News for the 2008 Pulitzer Prize for journalism:
5. For a distinguished example of local reporting that illuminates significant issues or concerns, in print or in print and online.
My nomination will be based on their coverage of the Larry Manzanaras situation, especially the apparent attempted obstruction of justice by the state court administrator (months before Manzanaras committed suicide). The nomination will highlight their two editorials, one calling for an investigation, and one calling for a constitutional reform of the Commission on Judicial Discipline.
It turns out that making such a nomination is easy to do, relatively inexpensive, and appropriate. In fact, I have learned that each year newspapers routinely nominate themselves or their employees for the honor, so why shouldn't a reader do so with even more credibility.
By February 1, the Administrator's office in the Columbia School of Journalism has received more than 1,300 journalism entries. Those entries may be submitted by any individual from material appearing in a United States newspaper published daily, Sunday, or at least once a week during the calendar year.
The cost is the time it takes to put a notebook of clippings together, to write a letter, and $50.
I first looked into the possibility of making a recommendation in early March when the Rocky did something that the other two major papers, the Post and the Gazette feared to do. They published both a story and an editorial on a news conference held by a member of the staff of Chief Justice of Colorado who claimed that there was no obstruction of justice in the state court administrator's attempt to sidetrack the prosecution of former judge Larry Manzanaras for the alleged theft of a laptop computer.
The Post had a reporter there. A day later that reporter appeared on Colorado Inside Out, a Denver PBS public affairs program. He said about the issue "somebody really should look into this." Instead of looking into it and writing about it, the Post went dead silent, not only on the involvement of the state court administrator, and the fact that there was a news conference, but on the whole subject of the theft.
It takes courage for a newspaper to take on the judiciary in its own state. I have been surveying and writing about legal issues for about a year, and have discovered that it seldom happens. It is not unusual for a major paper to write informatively about judicial transgressions in another state, but when it comes to their own state, the criticism, if there is any criticism at all, is muted.
There is a good reason for cowardice. Judges abhor criticism of themselves and others. Some will use any method possible for retaliation. It is quite easy for a judge to slow roll a litigant. Justice delayed is justice denied. Justice delayed is invariably very expensive. News media are often litigants, giving judges have many opportunities to stick it to their critics. Sometimes judges can be subtle in their effort to sabotage a lawsuit, but often they are so anxious to send a message that they don't care if they are subtle or not.
The Colorado Springs Gazette very seldom writes anything critical about the Colorado judiciary. Instead, it curries favor with the local judges with fawning coverage. When an initiative, amendment 40, was submitted to the voters that would make appellate judges come before the voters more often than once every eight or ten years, the Gazette opined that the voters got enough information to make informed decisions about judicial retention. If that is true, they don't get it from the Gazette.
When the Denver Post writes its occasional story about judicial malfeasance, it does so in general terms, being careful not to mention the names of the judges involved.
In 2006, questions were raised about the performance of an appellate judge with a Hispanic surname. The Rocky explained with great thoroughness why some members of the state judicial performance commission had voted not to recommend retention to the voters.
The Denver Post was on the other side of the issue. It lacked the facts to defend the judge, and didn't even try to use facts. Instead, it played the race card based on his name and claimed that no one who had been damaged had the courage to publicly comment on the judge's performance. They criticized others for not having the courage to do the very thing the editorial board of the Post routinely lacks the courage to do, criticize a judge publicly and by name.
This wasn't just cowardice, it was cynical, mercenary, demagogic conduct.
The thing that makes me sick is that even when I submit the recommendation, it will have to be passed on by the Pulitzer board. One of the members of that board is Greg Moore, the editor of the Denver Post. My nomination will be seen, and should be seen as a direct criticism of his stewardship of that paper on this matter.
Sometimes boards like the Pulitzer board operate on the good old boy system and destroy their credibility in the process. It will be interesting to see if it rewards and recognizes journalistic courage as Pulitzer intended:
In May 1904, writing in The North American Review in support of his proposal for the founding of a school of journalism, Pulitzer summarized his credo: "Our Republic and its press will rise or fall together. An able, disinterested, public-spirited press, with trained intelligence to know the right and courage to do it, can preserve that public virtue without which popular government is a sham and a mockery...
On the other hand, the board might succumb to the standards that Mr. Moore's paper routinely demonstrates, and which Pulitzer warned us against in the very next sentence:
... A cynical, mercenary, demagogic press will produce in time a people as base as itself. The power to mould the future of the Republic will be in the hands of the journalists of future generations."
This quote was lifted from the Pulitzer board's own web site.
It will be interesting to see what happens. At the worst, I will be $50 poorer. If this gives other papers the courage to investigate and write on a legal ethics system that looks to be corrupt, it is possible that we will all be a bit richer.
Footnote: This was written last week. Today, the Rocky Mountain News published a letter in which special prosecutor Scott Storey defended his conduct as routine. It was routine. Hopefully, that will put to bed the complaint Attorney Regulation reports it has received.
One wonders if all of the sparks and smoke generated by those who were "offended" by the prosecution and the publicity are not simply lawyers and judges who hope to see the uninvestigated part of this sordid story (the state court administrator's and the Chief Justice's actions) remain just that--uninvestigated.