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A Note to the State Supreme Court

Given that I really did mail the application that I reproduced in "I can get my parole officer to write a recommendation," you folks are not doing your job if you don't have a staffer reading this blog.

I hate to disappoint you, but the only "parole officer" I have is my wife, and she does such a good job, like most wives, that I don't need another.  I hope you didn't waste taxpayer money to try to find my parole officer, but I'd almost bet you did.

Let me suggest that you alert each of the judicial districts in Colorado that the post below exists.  If I were managing the judiciary, as you are supposed to be doing, I'd suggest that every chief judge identify problem cases and encourage their judges to rule within the 90 day time frame that the law requires. 

I suspect that the public is about to become more aware of this law and much less tolerant of judges who can't make decisions.
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CRS 13-5-136

An old Battalion Commander, whom I served as an Adjutant, both at his change of command ceremony (anyone ever seen the "adjutant's walk?") and later, had sage advice for me.  He said "don't ever bring me a problem unless you also bring me a solution." 

This blog would be nearly useless if I were to only bring problems to the public, and had no solutions to propose.  My first "solution" involves fixing CRS 13-5-136 which appears to me to be conter-productive in its approach.  It certainly didn't discourage my judge from failing to rule on a motion for more than two years, even after he had been reminded of the need to do so.

Because the Colorado Revised Statutes do not appear on the web in a way such that individual statues can be linked, I reproduce the statute below:
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13-5-136. Forfeit of salary.

Statute text

(1) If any judge of any district court, to whom any motion, issue, or other matter, arising in any cause, is submitted for judgment or decision, fails or neglects to decide or give judgment upon the same within the time limited by section 13-5-135, such judge shall not receive from the state treasury any salary for the quarter in which such failure occurred, when the following requirements are satisfied:

(a) The party aggrieved by the failure of such judge to rule in a timely manner files a complaint demanding the withholding of the salary of such judge with the commission on judicial discipline established in section 23 (3) of article VI of the state constitution;

(b) The commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, investigates the judge's alleged violation of section 13-5-135;

(c) After such investigation the commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, makes a recommendation concerning the allegation to the Colorado supreme court; and

(d) If deemed appropriate, the Colorado supreme court issues an order directing the department of the treasury to withhold the judge's salary.

(2) This section shall not apply in case of the sickness or death of a judge.
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Fortunately, it is a very short statute.  The problem is in section 1(a), which I have underlined.

Since it is late, and I like short posts, I will provide my proposed fix in the next day or so.  It is quite simple and self-enforcing.  Best of all, it removes from a litigant's attorney any fear of reprisal by a judge who is punished by this law because it forces the offending judge to inform the litigant of the law.

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Far Afield

From time to time I stumble across articles or books I find interesting or troubling.  How could any thinking person not be troubled by this passage about the conversion of two FOX journalists to Islam:

"Rather, it confirms the central truth Osama and the mullahs have been peddling -- that the West is weak, that there's nothing -- no core, no bedrock -- nothing it's not willing to trade."

As long as the people who would put us in our graves think we are weak, we will fight a never ending war.

Read the whole thing.
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Hats off to Fountain!

This morning, as a part of my ongoing effort to elect Bob Beauprez as Governor of Colorado, I walked in the Fountain Parade. 

It was the third small town parade I have walked in this spring, summer and fall, and it was by far the best organized and best attended.  I cannot praise the folks in Fountain enough, Fountain's tax base doesn't even begin to compare to the tax base of the other two towns whose parades I attended, and yet they beat the other two towns hands down in every respect from organization to attendance.  

In some ways, I wish I could have been in the audience because I love old cars, and I saw several beautiful old cars lined up in the parade assembly area.

Hats off to Fountain!
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Hats off also to Larry Liston who walked wearing a Bob Beauprez shirt, and to Ed Jones who is a good guy running for reelection in a tough district that the chief justice's minions tried to gerrymander Democratic.
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Judge Shakes, Part, 2

The G-T continued today with its profile of a great judge.

This judge is easily the most qualified judge to be chief judge in the 4th District, but that will never happen.  It turns out that he has leporasy as far as the chief justice of the state supreme court is concerned.  More accurately, he is a Republican! 

Here in Colorado, we have a strange system of selecting our chief justices, a system which ensures that the position is held by a partisan.  The chief justice is elected by a majority of his/her fellow justices, and holds office only so long as he/she commands a majority.

Currently, we have 5 Dems and 2 Reps on the court, which means we have a partisan Dem as chief justice.  For that ratio to change, Beauprez must be elected to two terms, and possibly another Republican after him.  If Ritter is elected, several Dems will retire and be replaced with younger Dems, making Owens' term meaningless.  Shakes will never be chief judge of the 4th District BECAUSE chief judges are appointed by, and serve at the pleasure of the chief justice.

The one thing that could/would change that is the proposed Term Limit initiative for appellate and supreme court judges which I am supporting.  The current crop has disgraced themselves with their partasanship and need a graceful way out.

I have no idea what Bob Beauprez' position is on judicial term limits.  Something tells me I will find out fairly quickly, though, lol. 

Anyway, enjoy the article.  I did.
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Permalink

Being new to blogging, I didn't realize that the title of a post could be the permalink, as it is on townhall blogs.  You learn something new every day.
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Of Course, I Run a Risk

that the G-T DOES know about my suggestion and has somehow worked it into the story, or that they will do so after tonight's email   I've thought hard about that risk, and I have decided that I'd rather appear stupid and see the issue of legal ethics discussed than lay low to avoid embarrassment.

Come on, G-T, embarrass me!
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Letter to the Editor:

I particularly liked your profile of Judge Shakes this morning.  He is an outstanding judge.  I am looking forward to the second and third installments.

The timing of this series makes me suspect that you might well have been had. 

I have a new blog, collandp.townhall.com, aka Law, Lawyers, & Politics.  It is more than a little critical of the legal ethics system, which appears to be designed to protect judges and lawyers from the public, rather than the other way around.  I don't just make allegations, I provide solid, easily documented examples.

About six weeks ago, I suggested to Chief Judge Martinez in a letter that it would be a public service if he conducted training for his judges on the issues my blog was to raise.  I suggested that if he doubted the need for such training, he might want to review my lawsuit.  He did not respond, at least to me.

If his response was to suggest a positive piece on a good judge as a way to deflect legitimate criticism of the legal ethics system, thats fine.  If he did so without telling you that the criticism was coming, and was justified, he has done neither you nor the public any favors.

Because I have an active lawsuit, I cannot release my identity to the general public, for fear of being accused of contaminating the jury pool.  You DO NOT have my permission to publish this letter unless you conceal my identity.  This letter will be published on my blog.
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PS  I am told that my blog is well written.  If you choose to review it, you may want to start at the beginning.  I expect to be doing this blog for years.  Eventually, at least some of your readers will be my readers.

If you can identify the judge, and I expect you can, I would prefer you not identify him to the public until after his retention election.  I am not running a campaign against a single judge.  I am trying to reform the whole system.
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G-T Profiles an Outstanding Judge

The premise of this blog isn't that all judges are bad, corrupt, inattentive, or whatever.  They are not.  We have some really outstanding judges in Colorado, judges who probably go out of their way to protect the public from the system.

One of those judges is David Shakes, who is also an Army Reserve Military Judge.  For my view of military justice as compared to civilian justice you might read my comments to the post at a blog which alleges that a USCGA Cadet shouldn't have been courts-martialed.  I disagreed.  My comments are labeled with my screen name, Not Legal Roadkill Yet.

If I could set requirements for appointment to a judgeship in Colorado, I would demand  experience as a military judge.  That really isn't practical, but this blog likely wouldn't exist if Colorado had more than a few judges of the calibre of Judge Shakes. 
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The Youngest Grandson

My youngest Grandson is spending his first night alone with us so the blogging may be a bit sparse today and tomorrow.

His older brothers were going off alone, and he announced to his parents this morning "I'm packing my backpack and going somewhere!"  He is all of 3.  Should be fun.
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Drive by Media Strikes Again

I Just finished watching Colorado Inside Out on KBDI.  Four left wingers and a conservative Democrat get to pontificate on all the rest of us for 30 minutes.  It isn't pretty, but it is entertaining as long as you bring your salt.

At the end of the show, they have a feature called "Disgrace of the Week."  Eric Sonderman wanted to talk about what he called "whack jobs" in both parties.  I might buy into his defining Lamont as a Democratic whack job if only because Lamont has become a poster child of the Daily Kos type folks.

I couldn't imagine who he might label as the Republican version of Lamont.  My jaw dropped as he named Lamborn!  That selection demonstrates exactly how shallow these folks are.  I challenge Sonderman to look at the list of bills Lamborn has introduced in his legislative career and justify his "whack job" charge.

This kind of thing is exactly why Rush very correctly refers to the liberal media as the drive by media.  Since he didn't try to justify it in any way, Sonderman's comment couldn't be described as anything but a drive by shot.
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BMD Test

 While this info is far from law, lawyers, and politics, well maybe not politics, I see we had a successful BMD test today.  Long ago, while Reagan was President, I worked for OSD-SDIO, specificly SLKT for those in the know.  If you don't know, it's not important.

The most ignorant question I ever heard a congressperson ask was put to Lt Gen Abrahamson in a sparsely attended House Armed Services Committee hearing some time in 1989.  The Democratic Congressman thought it would be clever to claim that a successful intercept of a nuclear attack would create an unacceptable level of space debris, and put a question to that effect to Gen Abe. 

Think that through for a moment. 

I do not know how Gen Abe kept a straight face. 
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A Chicken in Every Pot, A Ho House on Every Block

As you know by now, I both make phone calls all over the state for Beauprez, and I walk precincts. 

Perhaps two months ago, I called a family in Parker where the husband was (I) and the wife was (R).  The husband answered, and it turned out that he was upset that some of his Republican friends were running around with Ritter bumper stickers.  I asked why they were doing that.  He told me they were convinced Ritter would protect their gun rights better than Beauprez.

Last month, I was walking a precinct directly north of Parker and not more than 10 miles distant.  Three different sets of (I) voters told me they were voting for Ritter because he favored gun control.  When I told one that I had bought a shotgun in 2000 after discovering at 5 am one June morning that my house was being burglarized, he said "the burglar didn't kill you, did he."  I kid you not.

Someone described Ritter to me as Colorado's Slick Willie.  Now I see why.  He has both the the gun control and the gun freedom folks supporting him.

Today, when I read in the G-T that Ritter has announced that he wants to build shooting ranges around the state, I had to laugh.  If Ritter were running in New York as a Republican, using this same level of ethics, he would doubtless announce that his motto was "A chicken in every pot, a ho house on every block," knowing that the conservatives would know the houses would never be staffed while the liberals would never stop hoping they might be.

Such is the state of politics today. 
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On the Grenade Range

THIS POST WILL MAKE MORE SENSE IF YOU READ THE ONE IMMEDIATELY BELOW IT FIRST.

In 1981, I was finishing up my tour of duty as an Army ROTC Instructor at Xavier University in Cincinnati, and preparing to head for Germany.  That last summer, I was detailed to Fort Lewis to be the safety officer for the Grenade range.  Some 1700 cadets, men and women, would have an opportunity to throw a live grenade on my range, and I had the responsibility to keep them safe when they did it.

When I went to the G-3 Range Safety class, a class all live fire safety officers must attend, I got a real jolt.  Two summers before, the ROTC Grenade Safety Officer had done something dumb and gotten himself killed on his own range!  That got my attention!

There were eight ROTC companies, with four platoons each.  Each day I ran my range, I had eight sections of a half platoon each, four in the morning and four in the afternoon.  Before the cadets got to go on the live range, I put them through a class on how to unpack their grenade and the procedures we would use.  They threw two practice grenades each.  If I was concerned in any way with their first two throws, they were sent to the back of the line to throw two more.  None had to throw six, but I still remember a cadet with a Ranger Tab who did earn the right to throw four.  It was a no nonsense range, as far as I was concerned.

The live range had five pits with sumps.  Each pit had a safety NCO.  They were good people and they paid attention.  They had to, because if a cadet didn't get his/her grenade over the wall, their job was to get it in the sump before it went off.  Their life was on the line every time they allowed a cadet to begin unpacking his/her grenade.  Yes, they had my authorization to tackle cadets who did stupid stuff like trying to watch their grenade go off, and they did so at least twice.

After the second company through this operation, I noticed I had a problem with the section I taught immediately after lunch.  It was outdoors, the sun was warm, the belly was full, and it was difficult to keep these cadets awake through my safety class.

I decided that the solution was to fall back on one of my earlier life's experiences.  The next afternoon, I identified the cadet leader of the section and told him/her to take his section to a place I designated, and have them ground their equipment.  I then put them through what I called a "modified high-jumper with three unique repetitions."

This worked wonders.  It woke everyone up from their post lunch drowsiness.  Only one eighth of any one company needed to do this admittedly strange exercise, so most cadets never knew it was happening.

When the 7th Company came through, a cadet in the early afternoon section raised his hand and asked if he could ask a question.  He said "Sir, have you ever heard of the Southwestern Company?"  I laughed and said "1966, Bible Library Division," and went on with my safety class.

It is a small world.  Everything you learn in life will be useful someday.  You just have to figure out how.
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On The Campaign Trail

There was a bit of malarkey going on in the Beauprez Campaign Headquarters this week, and I was inadvertently in the center of it.

First, a little background.  If you look at my bio, you will see something about the summer I spent with the Southwestern Company being one of the most valuable things I ever did.  They are a company which recruits about 3000 college students a year to do door to door sales in the summer, after a week of training in Nashville.

I did it in 1966 (the same year Ken Starr worked for them, but in a different division) and have used it ever since.  Their training is excellent.  One of the things they stress is the need to have a positive attitude, and how to bring yourself up mentally when you are down.

They had an exercise to do that.  They told you to jump in the air three times as high as you could with your arms extended, yelling at the top of your lungs at the top of the first jump "I FEEL HEALTHY," on the second "I FELL HAPPY," and finally, "I FEEL TERRIFIC!"  Believe it or not, it works.  (Ken Starr described that exercise in a July 20 USA Today article, "College Students Learn From the School of Hard Knocks," though he said he did it in front of a mirror.)

We have a young paid Republican staffer, Donnie, who comes to work in the campaign headquarters.  I'm quite impressed with him.  One day he admired my phone skills, so I started teaching him or telling him about some of the things I have learned through life that contributed to them, one of them being this exercise because he also walks precincts.

So, yesterday, we had a volunteer in who commented to me that he hates making phone calls.  I love making phone calls, so I asked him why.  Hangups!  I told him my little trick to deal with that and he didn't believe that it worked, so I suggested we go see Donnie, who had been using it successfully for a couple of weeks.

The next thing I know, Donnie has me doing the "I FEEL HEALTHY" routine for the volunteers. Just to put this in perspective, since 1966, I have done this exercise exactly seven times, six in 1981, and once yesterday. 

I know everyone in the headquarters who heard us this thought we were nuts!  Someday, the folks in this campaign are going to tell me not to come back.  I'm sure of it!

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