LAW WEEK COLORADO

DENVER — Committees that advocate for or against the retention of a state judge or justice must register as a political committee, effectively limiting the contributions they may received to $525 a person, a judge decided Friday.

The decision came in a campaign finance complaint that Colorado Ethics Watch filed against Clear The Bench Colorado, a group advocating the ouster of the three state Supreme Court justices standing in retention elections this fall. Clear The Bench registered last year as an issue committee, which has no contribution limits.

Administrative Law Judge Robert Spencer sided with Ethics Watch’s argument that judges and justices are defined as candidates in the state constitution, and that any group that opposes candidates must register as a contribution-capped political committee. Spencer ordered Clear The Bench to register as a political committee within 20 days, but declined to sanction the group, finding it had acted on the advice of the Secretary of State’s office.

Though it eventually won the litigation, Ethics Watch might still have to pay for at least some attorney fees. Its initial complaint, filed in May, was dismissed by Spencer as frivolous because it was filed before any of the opposed justices had actually declared their intent to seek retention. Ethics Watch filed an amended complaint in August, after the justices declared they were seeking retention. In his latest ruling, Spencer said Ethics Watch will not have to pay for attorney fees for work done related to the amended complaint.

Ethics Watch was represented by director Luis Toro and Sherman & Howard associate Aaron Goldhamer, who worked pro bono; Clear The Bench was represented by Scott Gessler and Mario Nicolais of Hackstaff Gessler.

Final Agency Decision – CTBC

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