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Leader of judiciary panel takes issue with Ritter pick

By David Milstead, Rocky Mountain News (Contact)

Published January 15, 2008 at 12:30 a.m.

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The chairman of the commission that disciplines Colorado judges says he fears that Gov. Bill Ritter may be politicizing the group, after a struggle over the governor's appointees to the body.

John Holcomb, a University of Denver law professor and 13- year member of the commission, told the Senate Judiciary Committee on Monday that it should consider rejecting former Denver judge Federico C. Alvarez for the commission.

His appointment to a slot reserved for attorneys who are not judges would shift the balance of the 10-member group, Holcomb said.

The Senate committee declined, though, voting 6-0 to send Alvarez and two other appointees - Stewart Bliss, the former head of Ritter's office of economic development, and political consultant David Kenney - to the full Senate.

Holcomb's testimony revealed a behind-the-scenes tussle last summer between Ritter's administration and the Colorado Commission of Judicial Discipline.

Historically, members of the commission have continued on after their terms have expired, waiting until the governor picked a replacement during a legislative session. But Ritter used an executive order to appoint Alvarez on Sept. 10, four days before a commission meeting.

Trey Rogers, Ritter's chief legal counsel, told Rick Wehmhofer, the commission's executive director, that he expected Alvarez would be a full participant in that meeting. Holcomb claims Rogers threatened a lawsuit if the commission did not comply.

Holcomb said the commission was concerned about a law that makes it a misdemeanor to reveal its confidential information, since Alvarez hadn't been confirmed by the Senate or sworn in.

The meeting proceeded without Alvarez and the commission voted to seek an opinion from the attorney general on the matter. Holcomb said Rogers again threatened a lawsuit when the commission would not tell him what other business took place at the meeting.

Ritter spokesman Evan Dreyer said that "it appeared to be one administrator blocking gubernatorial appointments, inappropriately so.

"This was really about the desire to fill vacancies in a timely manner. There are hundreds of appointments the governor must make annually and this was clogging up the system."

Attorney General John Suthers ruled in October that the governor had the power to make appointments to the commission out of session, and that it was legal for Alvarez to hold one of the seats reserved for attorneys.

That, however, remains a sticking point for Holcomb, who said the public may view the body as more judge-friendly.

"I've met the judge, I like the judge, I think he's of high quality. But the problem of having a judge in that seat is enormous," he said.

Holcomb was opposed by another member of the commission, Faegre & Benson attorney James R. Spaanstra, who said Suthers' opinion "recognizes the reality (that) attorneys move in and out of roles during their career."

Alvarez told the Senate Judiciary Committee he believes his experience as an arbitrator with the American Arbitration Association means "people do value the fact I offer impartial services."

Comments

  • January 15, 2008

    11:01 p.m.

    Suggest removal

    a_watcher writes:

    It is very interesting that a lawyer for the Governor would believe that the Governor is above the Constitution. It isn't just a law that makes proceedings secret. The State Constitution (wrongly) imposes that requirement.

    One assumes that Alvarez will be the Governor's spy from this report.

    And yes, packing the commission with judges is bad public policy, regardless of what John Suthers says.

  • January 17, 2008

    3:35 p.m.

    Suggest removal

    peteSmith writes:

    Indeed, each of us should be able to sleep better, knowing, as Colorado's Judicial Institute and our Bar Association has recently told us, "We think there is enough accountability built into the system." To learn more about our Commission for the Abolition of Judicial Discipline, visit: http://www.knowyourcourts.com/JDC/JDC...