LAW WEEK COLORADO
DENVER — Colorado Ethics Watch on Monday filed a supplemental complaint in its months-long litigation against judicial-ouster campaign Clear The Bench Colorado, which urges voters not to retain all three Colorado Supreme Court justices seeking retention.
Meanwhile, Clear The Bench awaits word from the Secretary of State’s office about whether it will hold emergency rule-making that would render Ethics Watch’s complaint moot.
Ethics Watch contends that the state constitution requires groups that oppose “candidates” to register as political committees, which have contribution limits, rather than issue committees, which have no contribution limits. Because the constitution says justices qualify as candidates, Ethics Watch argues, Clear The Bench should be required to register as a political committee.
Administrative Law Judge Robert Spencer dismissed the complaint last month and chastened Ethics Watch for bringing a “substantially groundless and frivolous” complaint. Spencer found that because the complaint was filed before any justices declared their intent to seek retention, there were not yet any candidates for Clear The Bench to oppose.
But now that three justices — Michael Bender, Alex Martinez and Nancy Rice — have declared their intent to run, that objection is overcome, Ethics Watch says.
