Colo. groups fight against judges' retention - The Denver Post

Colo. groups fight against judges' retention - The Denver Post

FORT COLLINS — There is marked crankiness toward judges in Colorado this election year.

Some Larimer County residents are rallying against the retention of district judges Jolene Blair and Terence Gilmore, citing their reported misconduct while prosecuting Tim Masters.

The group Clear the Bench Colorado is advocating voters reject all four Supreme Court justices up for retention because of rulings it believes are unconstitutional.

Although history is not on the side of the anti-judge movement, groups such as Judicial Justice for Larimer County are ramping up for the November election.

Retired math teacher Sandy Lemberg, organizer of Judicial Justice, says the Masters case is the latest, but most high-profile, example of judicial abuse in Colorado.

"You look at the national picture of criminal false prosecution, and this case is relatively minor," Lemberg said. "But in Colorado this is a pretty major example of the police and prosecutors conducting themselves criminally."

Masters, convicted of murdering Peggy Hettrick, was freed from prison in 2008 after new DNA analysis suggested someone else had killed her.

The lead investigator in Masters' case — Lt. Jim Broderick — is facing felony perjury charges for his actions in pursuing Masters. Former prosecutors Blair and Gilmore were censured by an arm of the Colorado Supreme Court for conduct that "directly impaired the proper operation of the criminal justice system" in the Masters trial.

Both Blair and Gilmore have been district judges in Larimer County since 2001, and both have announced their intent to stand for retention in November.

Lemberg said the performance of most judges doesn't get much attention except for a few on the local level.

Judges near retention time also are supported by the local legal establishment and most law enforcement, which do not want to see a friendly judge leave, he said.

But Lemberg hopes his group's work against Gilmore and Blair will show how poorly many judges conduct themselves.

Few judges are voted out of office because most do a fair job, said Chuck Turner, executive director of the Colorado Bar Association.

"I think people are generally pleased at what actually goes on in our courts," Turner said. "Most judges get 70-to-75 percent of the retention vote, and that's pretty good."

Since 1990, there have been 953 judges on retention ballots and seven have not been retained by voters, according to the Office of Judicial Performance Evaluation. This, even though the office has recommended 15 judges not be retained.