The Colorado Index

2007 Was A Good Year

It is appropriate have high hopes for the Colorado Republican party after 2007.

1.  There is a new era of live and let live in the Republican blogosphere which very likely reflects a pragmatism that will swing the party just enough closer to the center that it can be a majority party again.

When we began this blog, it was quite common to see the RINO acronym in the blogosphere, even among the center-right blogs.  That acronym has disappeared, suggesting that it is probably no longer being used in private political conversations.

2. Rep Al White has lost his primary opponent.  That is really good news, and we can likely thank our new party leadership for orchestrating it.

This author has no particular love for Al White.   White wants to emasculate the initiative system.  That doesn't make him evil; ignorant perhaps, but not evil.   We are not so short sighted that we would want a surefire Democrat vote in the Senate seat that he will be seeking, and will likely win in 2008.

The numbers and the last six years of election results strongly suggest that Republicans cannot be a majority party without recognizing that some districts cannot be carried by true blue conservatives. 

We do need to find some more liberal Republicans to run in places like Boulder and the city of Denver with the promise that if they win, we will be quite satisfied if they vote to organize the legislature Republican and then proceed to represent their districts.

3.  Back Room Bill Ritter can no longer be believably called a "moderate."  He will almost certainly ask for new taxes this next year.  He may, or may not lose the tax freeze lawsuit, but just having to fight it will keep the issue in the news into the 2008 election cycle.

His biggest goof was the no notice labor partnership that he has pawned off on the state.  He would have been much more clever if he had tried to sell the major Denver papers on the subject before he announced it. 

The Denver Post ownership / editorial board appeared to feel blindsided.  They found out about it after the Sunday editorials had been put to bed.  Ritter may have thought that the timing of his announcement was clever, but it backfired in the form of a steaming front page editorial suggesting that he might be a one term governor.

4.  Mark Udall is proving to be a ham handed candidate, well suited to represent Boulder, but so wild eyed about the environment that even Ritter could not support him on the Roan. 

His bills and amendments are not getting either support or respect in Congress.  His 20% renewable energy mandate by 2020 was first cut to 15% and then dumped entirely. 

No one took seriously his ill-advised anti-Limbaugh resolution.  It appeared to be geared entirely to harvesting left coast campaign funds.  It was so poorly thought out that we wrote an essay that we called "The Fool Who Would Be Senator" explaining that it was worded to encourage the politicization of the military and threaten our democracy.

5.  The National Democrats have graciously arranged to bring their left wing circus, err convention to Denver in mid 2008.  It almost doesn't matter who they nominate or how many balloons they drop.

6.  The war has turned a corner and won't be the bonanza that Democrats were hoping for at the beginning of 2007.

2007 was a good year.  2008 will likely be a very good year.

New Blog

A new conservative blog has made its appearance.  We always welcome new bloggers to the game.

We will be monitoring it, but for now, we will not include it in the sweep.  It may be too early to make this judgment, but too much of its material is a reprint from elsewhere to be included.  It takes a while to get one's blogging legs, so we want to give them a bit more time.

It is Conservative Voice of the Rockies.

Coming Your Way Soon - More Laws, More Taxes

The other day we found and lost a very useful quote by Lyndon Johnson.  Google helped us find it again.

You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered.

There are so many laws which fit in this category, too many to list.  Hopefully some of our legislators will see this quote and reflect on it before imposing more bad government on our population.  Don't bet on it, though.

In It's Sunday Finest

Today, in the Denver Post, Mark Udall dressed "Surrender" up in its finest clothes and paraded it before the public just as any proud papa would do.

Udall came of age in the 1970's, the era when peace activists spit on soldiers.  He likely did some spitting, himself, but today's Mark Udall has nothing but praise for our soldiers:

No matter how divided our nation has been about the war in Iraq, I know all Coloradans are thankful for the service of our men and women in uniform. I am sure that every one of them would rather be home with their families and loved ones during the holidays. These dedicated Americans deserve our deepest appreciation for their sacrifice and our prayers for their safe return.

Democrats were surprised and out flanked by the surge.  Their new excuse for surrender is the Maliki government's failure, and it is a failure, to forge a political settlement.  Udall then makes a very reasonable point (in blue):

We must seize the opportunity of a more stable military situation in Iraq to insist that the Maliki government forge a political settlement between Shiite, Sunni and Kurdish factions. We need to make clear that American military support is not open-ended. And we must reach across regional borders to engage Iraq's neighbors in diplomatic efforts aimed at stabilizing Iraq, opposing al-Qaeda, and lowering tensions in the Middle East.

This nice sentiment sounds more like a solution in search of an argument when one reads:

As a member of the House Armed Services Committee, I believe we can achieve consensus by implementing the bipartisan recommendations of the Iraq Study Group. This legislation, which I co-authored with a Democrat and two Republicans earlier this year, is now more critical than ever. The bill calls for increasing international economic development, a "surge" in diplomatic efforts and a careful, yet timely, phased withdrawal of American forces.

The greatest gift Congress can give our soldiers next year is the sure knowledge that a grateful nation will soon welcome them safely home.

Earlier this morning this author appended the following comment to this essay:

Mark Udall never served in the military, and doesn't understand nor want to learn even the basics of strategy.

His language is telling and illustrates why liberals can't be trusted on national defense. He calls the surge an "escalation" but grudgingly admits both that he opposed it and that it worked.

Our first encounter with Osama bin Laden was in Somolia. We lost. Why did we lose? It turns out that Les Aspin didn't have the stomach to land the five M-1 tanks that were offshore and disapproved a request to do so.

To do so would have been unnecessary "escalation." We didn't even have the strength to rescue our own men. They had to be rescued by a force that included Pakistani M-48 tanks.

Les Aspin's chairmanship and subsequent embarrassing performance illustrates that membership on the Armed Services Committee provides a lot of photo opportunities with soldiers. It does not confer military expertise. It especially does not confer the will to use the forces when such use will save lives as the surge has done and Aspin could have done.

One doesn't have to read between the lines of this essay to see that Mark Udall has not learned the lessons that bin Laden learned in 1993 and, given the chance, will try to repeat them.

What is Mark Udall's real agenda?  Peace through surrender.  Cut and run.  Didn't he co sponsor a Department of Peace? 

December 30, 2007 Sweep

Schaffer v Udall  Snatching Defeat From the Jaws of Victory  He claims his service on the HASC gives him the credibility to require by legislation that we surrender under the terms set out by the Iraq Study Group. Does anyone recall the level of military expertise that Congress infused into the membership of the ISG? None.

Schaffer v Udall  He Who Pays The Piper Calls The Tune  This explains, better than any other factoid why Mark Udall has been called an "environmental extremist" by the Gazette and "reliably left wing" by his friends.

Schaffer v Udall  Today's Chuckle 

Schaffer v Udall Where is Udall's Thumb?  It seems that Bill Ritter may be trying to create policy that allows some road building in Colorado forests, something that Mark Udall reflexively opposes.

Ritter Watch  It Was the Best of Times  Colorado Media Matters is one of the best barometers of potential political trouble for Democrats. When they go into defensive spin mode every fact is a lie and every lie is a fact to hear them tell it.

CUT  She Wants to "Improve Our Lives"  In what might be one of the boldest and most misleading essays ever written on tax and spending, Improving the lives of middle class Coloradans, Colorado State Rep Dianne Primivera (D-Broomfield) promises more intrusive government and pretends that no one will pay the costs.

Rocky Mountain Politics  Salazars profit from Farm Bill  Toward the end of the Congressional session this month, Congress was able to pass the 2007 Farm Bill. John and Ken Salazar were two members crowing about its passage and how hard they worked on it.

Mount Virtus  Not About the Rebel Yell  First of all, I had to chuckle when reading and finding out that I am “vexed over All Things Confederate.

Best Destiny  The Government Is Not Santa Claus  Here is the rough text of an ad I would run in the next six days in Iowa if I were the Romney campaign.

Comment:  This is the last Sweep of 2007.  Happy New Year!  Don't drink and drive. 

My Complete Judicial Performance Commission Bill Input

Those who are regular readers will know that this is a set of proposed changes to the draft bill prepared by State Senator Brandon Shaffer.  The first one third was printed in this blog about two weeks ago.  The remaining two thirds will be new to our readers.

INPUT

13-5-5-103.1 (b) (1) (added) NO DISTRICT OR COUNTY JUDGE WHO AFTER JANUARY 1, 2009 FAILS TO ISSUE A RULING OR A DECISION WITHIN 90 DAYS AFTER THE DATE OF THE LAST RESPONSE OR REPLY OR AFTER THE MOTION IS FILED IF THERE IS NO RESPONSE OR REPLY SHALL BE RECOMMENDED FOR RETENTION WITHOUT EXCEPTIONALLY GOOD CAUSE WITH THE SITUATION CLEARLY REPORTED TO THE PUBLIC.

13-5-5-103.1 (b) (2) (added) NO DISTRICT OR COUNTY JUDGE WHO AFTER JANUARY 1, 2009 FAILS TO TAKE TIMELY ACTION TO END ATTORNEY ETHICS VIOLATIONS AS COURT RULES AND JUDICIAL ETHICS CANONS REQUIRE SHALL BE RECOMMENDED FOR RETENTION.

13-5-5-103.1 (b) (3) (added) NO DISTRICT OR COUNTY JUDGE WHO AFTER JANUARY 1, 2009 RECEIVES IN ANY FORM A NON TRIVIAL COMPLAINT OF ATTORNEY MISCONDUCT AND FAILS TO IMMEDIATELY FORWARD THE COMPLAINT TO ATTORNEY REGULATION SHALL BE RECOMMENDED FOR RETENTION.

13-5-5-103.1 (b) (4) (added) NO DISTRICT COURT JUDGE WHO AFTER THE EFFECTIVE DATE OF (this law) ABUSES HIS DISCRETION TO DISMISS AN ETHICS LAWSUIT AGAINST AN ATTORNEY WITHOUT GOOD CAUSE SHALL BE RECOMMENDED FOR RETENTION.

13-5-5-103.1 (b) (5) (added) NO SUPREME COURT JUSTICE WHO AFTER JANUARY 1, 2009 WILLINGLY, AS A MEMBER OF THE MAJORITY, PARTICIPATES IN ESTABLISHING OR MAINTAINING AN ATTORNEY REGULATION SYSTEM WHICH MAKES PROMISES OF MINIMALLY ACCEPTABLE ATTORNEY CONDUCT TO THE PUBLIC THAT A REASONABLE NON ATTORNEY WOULD CONCLUDE THE JUSTICE DOES NOT INTEND TO BE ENFORCEABLE SHALL BE RECOMMENDED FOR RETENTION.

13-5-5-103 .1 (i reworded) TO REVIEW WRITTEN JUDICIAL OPINIONS FOR TIMELINESS; ADHERENCE TO THE US AND COLORADO CONSTITUTIONS; ADHERENCE TO THE LAW; ADHERENCE TO PRECEDENTS; FAIRNESS AND EVEN HANDED TREATMENT; FOR INDICATIONS OF A TOLERANCE FOR PERJURY; FOR INDICATIONS OF A TOLERANCE FOR ATTORNEY ETHICS VIOLATIONS; AND FOR OTHER GOOD REASONS OTHER THAN JUDICIAL REVIEW THAT THE COMMISSION MIGHT FIND TO BE IN THE PUBLIC INTEREST.

13-5-5-103.1 (m reworded) TO DEVELOP RIGID GUIDELINES FOR THE PRODUCTION AND DISTRIBUTION OF NARRATIVE PROFILES, SUMMARY REPORTS, AND OTHER WRITTEN MATERIALS THAT REFLECT THE RESULTS OF EACH JUDICIAL PERFORMANCE EVALUATION SUCH THAT THE ORDER OF THE COMMENTS AND CRITERIA PRESENTED ARE CONSISTENT FROM JUDGE TO JUDGE AND DISTRICT TO DISTRICT.

13-5-5-103.1 (p) (1) (added) FOR PURPOSES OF RULE MAKING ONLY, THE STATE COMMISSION WILL BE DIVIDED INTO TWO VOTING CLASSES; THE FIRST CLASS BEING THE FOUR ATTORNEYS AND THE TWO NON ATTORNEYS HOLDING SUPREME COURT APPOINTEE POSITIONS, WHETHER OR NOT APPOINTED BY THE CHIEF JUSTICE; THE SECOND CLASS BEING THE FOUR NON ATTORNEYS WHO WERE NOT APPOINTED BY THE CHIEF JUSTICE.

13-5-5-103.1 (p) (2) (added) NO RULE MAY BE FORWARDED TO THE CHIEF JUSTICE FOR APPROVAL WITHOUT A MAJORITY OF BOTH CLASSES VOTING FOR IT.

13-5-5-103.1 (p) (3) (added) EVERY RULE PROMULGATED BY THE COMMISSION AND APPROVED BY THE CHIEF JUSTICE SHALL HAVE A SUNSET PROVISION OF NO LONGER THAN FOUR YEARS, WITH THE RULES IN EXISTENCE AT THE TIME (this law) BECOMES EFFECTIVE BEING SUNSETTED FOUR YEARS FROM THE DATE (this law) IS EFFECTIVE.

13-5-5-103.1 (to be inserted as appropriate) THE STATE COMMISSION SHALL DEVELOP MECHANISMS TO EVALUATE MAJOR EXTRA JUDICIAL DUTIES OF SUPREME COURT JUSTICES INCLUDING BUT NOT LIMITED TO ENFORCEMENT OF THE SINGLE SUBJECT RULE; STANDARDIZATION AND TRAINING WITHIN THE JUDICIARY; LEADERSHIP EFFECTIVENESS AS MEASURED BY MEETING THE DESIRED GOAL OF AN APOLITICAL JUDICIARY; ATTORNEY LICENSING AND REGULATION; JUDICIAL DISCIPLINE; ETHICS AND COURT RULE MAKING THAT PROTECTS THE PUBLIC, AND TOLERANCE FOR PERJURY.

13-5-5-103.1 (to be inserted as appropriate) TO DEVELOP MECHANISMS TO EVALUATE THE APPROPRIATE EXTRA JUDICIAL DUTIES OF CHIEF JUDGES KEEPING IN MIND THAT THEY ARE OFTEN GRANTED LARGE RESPONSIBILITIES WITHOUT REAL POWER TO EXECUTE THOSE RESPONSIBILITIES.

13-5-5-103.1 (to be inserted as appropriate) THE STATE COMMISSION SHALL DEVELOP A MECHANISM FOR RATING EACH DISTRICT JUDGE AGAINST ALL OTHERS IN THAT YEAR GROUP RATING CLASS USING ONLY ATTORNEY INPUT AND FOR REPORTING IN THE NARRATIVE THE CLASS STANDING OF EACH JUDGE.

13-5-5-103.1 (to be inserted as appropriate) TO REQUIRE ALL VOTES OR REASONS FOR NOT VOTING BY INDIVIDUAL COMMISSIONERS BE MADE A PART OF THE PUBLIC RECORD AND THAT THE RECORD BE MADE AVAILABLE ON THE INTERNET WITH THE OTHER MATERIALS CREATED BY THE COMMISSION.

13-5-5-103.1 (to be inserted as appropriate) TO REQUIRE THAT ANY COMMISSIONER WHO ABSTAINS OR IS ABSENT FROM A VOTE ON A JUDGE BE DISQUALIFIED FROM VOTING ON ANY OTHER JUDGE. AS AN EXCEPTION, A COMMISSIONER WHO MUST ABSTAIN IN THE EVENT OF A CLEAR, STATED CONFLICT OF INTEREST IS NOT DISQUALIFIED FROM VOTING ON OTHER JUDGES SO LONG AS THE NATURE OF THE CONFLICT IS REPORTED TO THE PUBLIC IN GENERAL TERMS.

13-5-5-103.1 (to be inserted as appropriate) THE STATE COMMISSION SHALL REQUIRE EACH COMMISSION, INCLUDING THE STATE COMMISSION TO REPORT TO THE PUBLIC ON THE COLLEGIALITY OF THE COMMISSION PROCEEDINGS SUCH THAT THE PUBLIC IS MADE AWARE OF IMPROPERLY ASSERTIVE CONDUCT BY ONE OR MORE MEMBERS WHO SHALL NOT BE IDENTIFIED IN THE REPORT. UNSIGNED MINORITY REPORTS ARE REQUIRED IF THE WHOLE COMMISSION CANNOT AGREE ON THE CONTENTS OF THE REPORT.

13-5-5-103.1 (to be inserted as appropriate, most likely at the end) NEITHER THE STATE COMMISSION NOR THE SUPREME COURT SHALL HAVE THE POWER TO MAKE OR ENFORCE ANY RULE WHICH HAS THE EFFECT OF RELIEVING STATE COMMISSION LAWYER MEMBERS OR THE LAWYER MEMBERS OF DISTRICT COMMISSIONS OF THEIR OWN ETHICAL REQUIREMENT TO REPORT JUDICIAL AND ATTORNEY ETHICS VIOLATIONS TO THE APPROPRIATE AUTHORITIES.

13-5-5-105.3 (1) (e) (IV) (added) THE JUSTICE OR JUDGE AGGRESSIVELY PROTECTS THE PUBLIC FROM BEING DAMAGED BY LITIGATION TAINTED BY PERJURY.

13-5-5-105.3 (1) (e) (V) (added) THE JUSTICE OR JUDGE AGGRESSIVELY PROTECTS THE PUBLIC FROM THE UNETHICAL PRACTICE OF LAW, INCLUDING BUT NOT LIMITED TO FAILURE TO ADHERE TO THE RULES, FAILURE IN CIVIL TRIALS TO BE TRUTHFUL TO THE TRIBUNAL, FAILURE TO ADMIT TO THE TRIBUNAL WHEN NEITHER THE LAW NOR THE FACTS SUPPORT THE POSITION BEING ARGUED, DILATORY PRACTICES, AND MOTIONS WHOSE ONLY PURPOSE IS TO CREATE FROTH IN THE SYSTEM.

13-5-5-105.3 (1) (e) (VI) (added) THE JUSTICE OR JUDGE AGGRESSIVELY PROTECTS THE PUBLIC FROM THE BEARING ANY OF THE COSTS ASSOCIATED WITH THE UNETHICAL PRACTICE OF LAW BY ENSURING THAT LAWYERS ARE PROPERLY AND FULLY INSURED AS A CONDITION OF BEING LICENSED TO PRACTICE LAW.

13-5-5-105.3 (1) (e) (VII) (added) THE JUSTICE OR JUDGE TAKES AGGRESSIVE ACTION TO REMOVE DISTRICT COURT JUDGES WHOSE RULINGS OR FAILURE TO RULE CAUSE FROTH IN THE SYSTEM, WHETHER OR NOT THEY ARE APPEALED.

13-5-5-105.3 (2) (f) (added) THE JUDGE OR MAGISTRATE TAKES PROACTIVE STEPS TO PROTECT THE PUBLIC FROM THE UNETHICAL PRACTICE OF LAW.

13-5-5-105.3 (2) (f) (I) (added) THE JUDGE OR MAGISTRATE IS INTOLERANT OF PERJURY.

13-5-5-105.3 (2) (f) (II) (added) THE JUDGE OR MAGISTRATE IMMEDIATELY REPORTS THE UNETHICAL PRACTICE OF LAW TO THE APPROPRIATE AUTHORITIES AND TAKES OTHER STEPS AS COURT RULES AND JUDICIAL CANONS REQUIRE.

13-5-5-105.3 (2) (f) (II) (added) THE JUDGE OR MAGISTRATE ACCEPTS IN ANY FORMAT A REPORT OR COMPLAINT AGAINST AN ATTORNEY FOR THE UNETHICAL PRACTICE OF LAW AND IMMEDIATELY FORWARDS NON TRIVIAL COMPLAINTS TO THE PROPER AUTHORITIES.

Is the numbering system in 106 correct and consistent? It seems different.

13-5-5-106 (1) (a) (III) (add a sub paragraph, numbering system unknown) THE NOTICE TO THE PUBLIC SHALL INCLUDE THE INTERNET LOCATION OF GUIDANCE TO THE PUBLIC FOR PREPARING USEFUL INPUTS AS WELL AS A CLEAR DESCRIPTION OF INPUTS THAT ARE NOT USEFUL.

13-5-5-106 (1) (a) (III) (add a sub paragraph, numbering system unknown) THE COMMISSION SHALL, WITHIN TEN DAYS, DEMONSTRATE THAT IT UNDERSTOOD THE PUBLIC INPUT BY RESTATING IT IN A SHORT LETTER TO THE MEMBER OF THE PUBLIC MAKING IT, REMAINING OPEN TO VERY TIMELY MINOR RESTATEMENTS WHERE THE MEMBER OF THE PUBLIC FELT THERE WAS CONFUSION.

13-5-5-106 (1) (a) (III) (add a sub paragraph, numbering system unknown) THE COMMISSION SHALL ACT ON ALL PUBLIC INPUT IN GOOD FAITH AND WITH CARE, BEING READY TO DEFEND ITS ACTIONS TO THE PERSON MAKING INPUT IN SUFFICIENT DETAIL THAT HE OR SHE CAN BE CONFIDENT THAT THE COMMISSION DID ACT IN GOOD FAITH AND WITH CARE.

13-5-5-106 (1) (a) (III) (add a sub paragraph, numbering system unknown) THE PUBLIC SHOULD UNDERSTAND THAT THEIR INPUT, IF VERIFIED BY THE COMMISSION, MAY BE REPORTED TO THE PUBLIC IN A SINGLE SENTENCE, IF AT ALL.

13-5-5-106 (1) (c) (minor change that reflects the way things are already being done) The state commission shall release the narrative profile. The recommendation, and any other relevant information RELATED TO A RETENTION YEAR EVALUATION to the public no later than THE DAY AFTER THE STATE PRIMARY…

13-5-5-106 (2) (a) (III) (add a sub paragraph, numbering system unknown) THE NOTICE TO THE PUBLIC SHALL INCLUDE THE INTERNET LOCATION OF GUIDANCE TO THE PUBLIC FOR PREPARING USEFUL INPUTS AS WELL AS A CLEAR DESCRIPTION OF INPUTS THAT ARE NOT USEFUL.

13-5-5-106 (2) (a) (III) (add a sub paragraph, numbering system unknown) THE COMMISSION SHALL, WITHIN TEN DAYS, DEMONSTRATE THAT IT UNDERSTOOD THE PUBLIC INPUT BY RESTATING IT IN A SHORT LETTER TO THE MEMBER OF THE PUBLIC MAKING IT, REMAINING OPEN TO VERY TIMELY MINOR RESTATEMENTS WHERE THE MEMBER OF THE PUBLIC FELT THERE WAS CONFUSION.

13-5-5-106 (2) (a) (III) (add a sub paragraph, numbering system unknown) THE COMMISSION SHALL ACT ON ALL PUBLIC INPUT IN GOOD FAITH AND WITH CARE, BEING READY TO DEFEND ITS ACTIONS TO THE PERSON MAKING INPUT IN SUFFICIENT DETAIL THAT HE OR SHE CAN BE CONFIDENT THAT THE COMMISSION DID ACT IN GOOD FAITH AND WITH CARE.

13-5-5-106 (2) (a) (III) (add a sub paragraph, numbering system unknown) THE PUBLIC SHOULD UNDERSTAND THAT THEIR INPUT, IF VALIDATED BY THE COMMISSION, MAY BE REPORTED TO THE PUBLIC IN A SINGLE SENTENCE, IF AT ALL. (Yes, I know that I have given Commissions a hole they can drive a truck through, but there has to be balance in the system or it is useless.)

13-5-5-106 (2) (c) (minor change that reflects the way things are already being done) The state commission shall release the narrative profile. The recommendation, and any other relevant information RELATED TO A RETENTION YEAR EVALUATION to the public no later than THE DAY AFTER THE STATE PRIMARY…

13-5-5-106.3 (1) (a) THE STATE COMMISSION SHALL CONDUCT A MID-TERM EVALUATION OF EACH JUSTICE AND EACH JUDGE OF THE COURT OF APPEALS NOT LESS THAN ONCE EACH THREE YEARS. THE EVALUATIONS SHALL BE REFERRED TO IN THIS SUBSECTION (1) AS MID TERM EVALUATIONS.

13-5-5-106.3 (1) (b) MID-TERM EVALUATIONS SHALL BE COMPLETED AND THE NARRATIVE PROFILE PREPARED FOR COMMUNICATION TO THE APPELLATE JUSTICE OR JUDGE BEING EVALUATED NO LATER THAN DECEMBER 31 OF THE THIRD YEAR FOLLOWING THE JUDGE OR JUSTICE’S LAST EVALUATION, WHETHER A RETENTION YEAR EVALUATION OR A MID TERM EVALUATION. (even if this language is not accepted, the language in the bill needs to be examined for conflicting dates)

13-5-5-106.3 (1) (b) MID-TERM EVALUATIONS SHALL BE COMPLETED AND THE NARRATIVE PROFILE PREPARED FOR COMMUNICATION TO THE JUDGE BEING EVALUATED NO LATER THAN DECEMBER 31 OF THE THIRD YEAR FOLLOWING THE JUDGE OR JUSTICE’S RETENTION YEAR EVALUATION, WHETHER A RETENTION YEAR EVALUATION. (even if this language is not accepted, the language in the bill needs to be examined for conflicting dates)

13-5-5-109 Repeal of article. (1) (date change) this article is repealed effective June 30, 2013.

13-5-5-109 (2) (added) THE CHIEF JUSTICE IS DIRECTED TO CONVENE, NOT LATER THAN JULY 15, 2011 AN INFORMAL WORKING GROUP OF STAKEHOLDERS, INCLUDING AT LEAST ONE LEGISLATOR AS CHAIRPERSON, TO EXAMINE WHAT THIS LAW SHOULD DO, WHAT IT ACTUALLY DOES, AND TO RECOMMEND CHANGES TO RESOLVE THE DIFFERENCES.

13-5-5-109 (2) (a) (added) THE WORKING GROUP SHALL HAVE SIGNIFICANT PUBLIC REPRESENTATION INCLUDING BUT NOT LIMITED TO NON LAWYER PERSONS WHO HAVE SERVED ON COMMISSIONS AND PERSONS WHO HAVE TRIED TO USE THE PUBLIC HEARINGS TO PROVIDE INPUT.

13-5-5-109 (2) (b) (added) THE WORKING GROUP SHALL NOT PREPARE REPORTS OR FORMALLY VOTE ON ANY ISSUES, BUT THE LEGISLATOR-CHAIRMAN SHALL REPORT PUBLICLY TO THE HOUSE AND SENATE JUDICIARY COMMITTEES ON THE WILLINGNESS OF THE WORKING GROUP TO SEEK AND ACCEPT INPUT FROM THE PUBLIC.

RESPECTFULLY SUBMITTED

Odds and Ends

How the once mighty have fallen.  Does anyone remember Gary Hart of Monkey Business fame?  Like Bill Clinton, Hart will be most remembered not as a former Colorado Senator, but for his bedroom (or is it stateroom?) activities. 

He has written a fundraising letter for Mark Udall and the only place he could get it published is at DailyKos.  That will doubtless bring in the big bucks.

We fell into the retrospective spirit at schaffer v udall and published our own top ten list of things that haven't happened to impact the Mark Udall candidacy.  People who want to understand why the Udall campaign has a new definition of spin mode (think tires trying to gain traction on ice) might want to visit that post.

We thought about creating a top ten list Colorado Index posts.  We could do it, but it would give too much away.  Instead, we will link to one of our more effective posts and let you guess why we might think it was effective.   

It is sad that we have stopped writing those kinds of in depth pieces, not because they aren't effective, but because we now have obligations to write on three other blogs.  It has become a battle of quantity vs. quality.  If it takes ten to 15 hours to do the research and writing on one long piece and we take that amount of time to do so, then the other blogs get ignored.

New Year's Holiday Schedule  We will be taking it easy over the next four days.  There might be a Sunday sweep, but we would guess not.  There will not be a sweep on Monday or Tuesday.  There may or may not be essays on any of those days, but we WILL publish our judicial performance commission input at some time.

December 28, 2007 Sweep

Schaffer v Udall Coloradoan  We never want to be seen as out of step with our more hip friends at Colorado Confidential, so when someone at Colorado Confidential wrote the following, we resolved to keep our eyes open:

Schaffer v Udall  On No One's Top Ten Lists  We thought we could do better with a list of things that didn't make the top ten in Colorado, in no particular order. They didn't make the top ten because they didn't happen. Oh, well!

Ritter Watch  Ritter Cornfused, Too?  Congress heavily subsidizes the price of E85 in a number of ways to the point that E85 is almost always cheaper than gasoline. Apparently, the gas mileage that this family member gets is so significantly lower with E85 that if gas is cheap enough, he is unwilling to drive a few extra miles to fill up with E85.

Rossputin  Russ Roberts: The (economic) sky is not falling 

Rossputin  Breaking News: Benazir Bhutto Killed in Pakistan  It appears there was a bomb which may have been used to force Bhutto to move, and then she was apparently shot multiple times. The initial reports also imply that the explosion may have been after the shooting, with the murderer blowing himself up.

A Line of Sight  While America Celebrates 

Best Destiny  An Open Letter To Iowa Republicans  Sincerely, One-Whose-Vote-Probably-Won't-Mean-Much

Comment:

A Few Comments From Readers

In response to our "Lessons Learned" essay, we got this horror story from "Estes Park."

Thank you for sharing this information. Don't be intimidated by bullying officials. Get informed and keep asking questions.

Voters in Estes Park recently submitted a petition with over 750 signatures calling for a citizen-initiated ordinance about the Stanley Hotel Historic District. After various of citizens spoke in favor of the ordinance, a Trustee pronounced that "no one" had asked him to vote for it. The entire meeting room was packed with people there to support the ordinance! The Trustees then voted 5-0 against it. In fact, not one citizen spoke against the ordinance. At least the ordinance will go to the ballot. With only 850 voters in the last municipal election, the voters have a good chance of prevailing.

One of our Slow Learners (there may only be one, currently)  sent us a Bah Humbug Christmas message that we can't publish in a family blog.  He seems to be able to find new IP's to send the same tired message using the same words and themes that we have tied to a certain ...

Slow learners should consider whether their comments and tactics might be detrimental in the long run to their cause.  Recall that we use this software because it provides us the capability to edit comments including the names and urls.  We can edit out the personalized words you think keep your message private while providing readers the full flavor of your comments. 

More importantly, we can provide the context in which they were written.  It is hard to imagine that even slow learners would want that, but we have been wrong before.   

And in the "ouch" category:

It took a while for the author to get to the point of the essay--highway crowding and maintenance problems. We always avoid St. Louis when driving across country, because it's so congested. I suggest the author join www.numbersusa.com. The nation's infrastructure is showing stress, and over population is definitely a factor.

We did go to numbersusa.com and we wouldn't encourage or discourage others from going. 

It uses statistics in a less than honest way and doesn't consider the implications of what it seems to advocate on major issues of the day.  If immigration were halted, Social Security would die a quicker and more ugly death than it might otherwise experience.

Their claim that the 1990-2000 population boom is the "biggest ever" completely disintegrates when the numbers are compared to the base population.  The 1990-2000 rate was roughly a 13% increase on the base of about 250 million.  The 1950-1960 rate was approximately a 20% increase on the base of 150 million.  The 1900-1910 rate was roughly 20%. 

Even with immigration, the rate of change of population growth has decreased from about 2% per year in the first decade of the 1900's to 1% in the last decade.  Figures don't lie, but unethical people can present them in unusual ways to say things they do not say.  Look at the numbers, yourself.

December 27, 2007 Sweep

Schaffer v Udall  Trouble in Udall Land  We are merely reporting on it.

Schaffer v Udall  More Poorly Thought Out Udall Legislation  Udall's comprehensive forest fire fighting philosophy makes as much sense as choosing to arm a battalion of soldiers with pistols and then requiring the battalion commander to report how many of his men were killed by rifle fire.

Ritter Watch  A Subtle Point We Missed  When a major paper states in an editorial that a governor is headed down a path that will make him a one term Governor, that politician needs to do more than simply not foul up a decade long process. This is at best an editorial board looking for something to praise Bill Ritter on.

Ritter Watch  Resume Building Exercise   We're wondering where Bill Ritter expects to take his new foreign and military credentials. Is he planning a run at the vice-presidency?

CUT  Referendum C Revenue Will be 10 Billion  Insatiable Spenders Say Not Enough  Although the ref C advocates dishonestly described ref C as as “temporary” “five-year” “time-out” from the Taxpayers Bill of Rights, the effect of ref C will be a permanent increase in state government taxing and spending levels allowed under the state Constitution

Rossputin  $555 billion omnibus spending bill signed  I've learned that frequently the best compromise is one in which both sides end up somewhat unhappy. And if I'm party to such a compromise, I suppose I have to hope that I'm a bit less unhappy than the other guy.

Rossputin  Hope amid gloom and doom   For today's reading, allow me to offer you this article by David Harsanyi, the Denver Post's "token conservative"

Rossputin  Declining Home Values Should Encourage School Choice  It is exceptionally rare to find a government which deals with declining tax revenue by any method other than trying to scare its citizens into raising tax rates

Slapstick Politics  Ritter Seeks Advice On Spending Less Of Your Money Newspeak oxymoron of the day--"government efficiency

Slapstick Politics  Daily Nativity Updated   little humor for Christmas Eve, bumped up from 12/11.

Mount Virtus  Rebutting Huckabee Redux   Rossputin has reposted a comment I left in response to some incoherent pro-Huckabee remarks made on his site. Here’s how I concluded:

Gang of Four  Gunfight at the DU Corral  Yours truly, blazing from the right, will face David Sirota, firing lefthanded, in a University of Denver classroom on three Wednesday evenings starting Jan. 23. It's a noncredit course for adults, part of the enrichment program of DU's University College.

The prolific Sirota has already invited signups for the course via two local blogs, Square State and Colorado Pols, as a well this Editor & Publisher item two weeks ago under a New York dateline (woo woo). I am hustling to catch up with him in the self-promo department, using the mighty platform of my radio show and the Backbone America website, as well as this-here post.

Gang of Four  Flash: Santa is a conservative  The worst Christmas song I've heard this year has to be Bruce Springsteen's tuneless rendition of "Santa Claus is Coming to Town."  Yet by forcing me to think about the lyrics, the Boss delivered a flash of insight

Colorado Charter Schools  C SI Denied Two Charter School Applications   Newly seated board members voted down two charter school applications when the Charter School Institute board met on Dec. 19th

Best Destiny  Theory vs Practice  Theory: Let's host Christmas this year, honey. We can just keep it simple

Best Destiny  A Critique: The Golden Compass and Atheism   Generally, when I watch a movie, its on about three levels--the entertainment value, the craft, and then the message. All three need to be solid for me to really enjoy a movie

Comments:  The weather extended our Christmas break one more day than we expected.  We had to break out the sleeping bags for unexpected over night company, and then no one was in a hurry to go home.