States Making it Harder to Get Timely Justice

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1 COLORADO JUDICIAL INSTITUTE Volume 9, Issue 2 2nd Quarter, 2013 In this Issue: Attorney General John Suthers CJI Speaks Scholarships at CJI Membership for ADR Conference Breakfast Page 2 Letter from CJI s Board Chair CJI Page Celebrates 3 30th Anniversary Page 4 Justice Sotomayor Speaks to Colorado Students Page Buy Your 4 Tickets Now! CJI Judicial Excellence Dinner CJI Page Welcomes 4 New Board Members Page 6 Annual Upcoming Meeting CJI Events: Wraps Up CJI s Fiscal Year Page Seventh 9 Annual CJI Judicial Excellence for Colorado Dinner November 5, 2009 Upcoming Judicial Independence CJI Events: Membership Breakfast CJI March Judicial 18, 2010 Excellence for Colorado Dinner October 15, 2013 CJI Executive Committee: Robert N. Miller Board Chair CJI Executive Committee: Elinor Miller Greenberg Vice Chair Sheila M. Gutterman Vice Chair James K.C. Groves E. Scarboro Vice Chair Chair Peter James D. E. Willis Vice Scarboro Vice Chair Chair Anne Peter M. D. Willis Garcia Treasurer Vice Chair Rodney Yokooji Secretary Yvonne Zuber Treasurer Thomas R. O'Donnell Secretary CJI Staff: Executive Director CJI Dana Staff: Nelson Director Executive of Director Marketing and Administration Cynthia Amy Ostheimer Ophaug-Johansen Director of Marketing and Administration Cynthia Ophaug-Johansen Colorado Judicial Institute P.O Box 118 Broomfield, Colorado Judicial CO Institute (303) P.O Box Broomfield, CO (303) States Making it Harder to Get Timely Justice By Bert Brandenburg, Executive Director, Justice at Stake Across the country, scores of federal judgeships sit vacant, thanks in part to political games in Washington. These vacancies are making it harder for Americans to get timely justice. Given the broken system practiced in our nation's capital, it's hard to imagine why state capitals would even consider embracing Washington-style gridlock. The real surprise is that lawmakers in more states are moving in that direction. Lawmakers in Kansas and Tennessee voted earlier this month to give governors authority to pick appellate judges, subject to legislative confirmation. Oklahoma's Senate approved a similar shift. These initiatives would dismantle merit-based selection, a system aimed at keeping campaign cash and politics out of courtrooms and giving every American a fair day in court. States with merit selection rely on nonpartisan nominating commissions to put a list of candidates before the governor, who chooses from it. In many merit selection states, citizens then periodically vote on whether to keep these judges. Controversy about the best way to select judges is nothing new, yet merit selection has proven generally popular and successful in the 23 states that rely on it to seat qualified judges. Most of the top rankings for legal "climate" given by the U.S. Chamber of Commerce's Institute for Legal Reform go to merit selection states, and Kansas was ranked fifth in the country last year. In Kansas, critics fault the existing process as undemocratic. But many Kansans disagree: A recent poll, sponsored by the Kansas Policy Institute, found that a majority of voters think the current screening and appointment system is in their best interest. Kansas Gov. Sam Brownback is unhappy, however, about court decisions on school funding and other hot-button issues, as well as the judicial nominating commission's refusal to include his former chief of staff on a recent slate of qualified judicial contenders. Today, he signed the bill to mirror a Washingtonstyle model, making it far easier for a governor to use political litmus tests and favoritism in naming judges. If state political leaders pause to consider how hyper-politics has led to a Continued under Timely Justice on Page 4

2 AG Suthers Warns Term Limits, Funding Woes, Are Hamstringing Colorado Prosecutors By Bob Ewegen, CJI Board Member and Journalist-in-Residence John Suthers Colorado s 37 th Attorney General and the longest serving in that role since the legendary Duke W. Dunbar warned members and guests at the Colorado Judicial Institute s 2013 Judicial Independence Membership Breakfast that term limits and budget shortfalls are hamstringing the ability of many rural prosecutors to uphold their vital role in the state judicial system. Suthers was introduced at the April 11 event by Chief Justice Michael Bender of the Colorado Supreme Court, who hailed his diverse background as a district attorney, head of the Colorado Corrections System and U.S. Attorney before becoming attorney general. Before introducing Suthers, Bender expressed his appreciation to CJI and its members for their support of merit selection, judicial excellence and accountability in the courts. Colorado Chief Justice Michael Bender listens to Attorney General Suthers at the CJI Judicial Independence Membership Breakfast. Suthers also saluted CJI for working to preserve and enhance the excellence of Colorado courts and working for their independence and accountability. But in addition to these long-standing concerns of CJI, he also urged his audience to think about the need for zealous and competent prosecution, which is as essential for the rule of law as the judicial function and the defense function. I believe the Colorado system of merit selection is a terrific one that assures the competence of the Judiciary. I am convinced the system is far superior to ones that would subject our judges to the vicissitudes of electoral politics, Suthers said. I also believe Colorado does a very good job of providing proper defense for persons accused of crimes, including the indigent. I believe the Colorado Public Defender system is a great model of what a defense should provide. But I also believe we should reflect more on the fact that competent prosecutors are also necessary to protect the public and maintain the respect of the public [for the judicial system,] the Attorney General said. Suthers said there are troubling signs about 2 Attorney General Suthers spoke to 225 CJI members and their guests at the CJI Membership Breakfast. Colorado s ability to maintain strong prosecutors, especially in some of the state s rural districts. In much of rural Colorado, prosecutors are outgunned by public defender offices who handle a high percentage of the criminal docket, Suthers said. He noted that every good defense attorney will tell the jury that his client is up against the vast resources of the state of Colorado but, the fact is, the client is up against the not-sovast resources of the rural counties that comprise the Continued under CJI Member Breakfast on Page 5

3 K.C. Groves Ireland Stapleton Pryor & Pascoe, PC It has been an honor and a pleasure to serve as interim Chair of CJI's Board of Directors over the past five months and I am looking forward to serving as the elected chair this year. CJI is a great organization doing important work for Colorado's judicial system and our community. Fulfilling our mission is a group effort, consisting of many individual contributions that deserve our collective thanks and congratulations. CJI s success depends on our many partnerships and supporters, including the Colorado Bar Association (CBA), the National Judicial College (NJC), the Colorado Judicial Department, all of our members, the Board of Directors, our generous dinner and breakfast sponsors, and our other contributors. With this vast network of support, CJI had an excellent year. Here are a few highlights: Letter from the Chair CJI exceeded previous years attendance and sponsorship funding at the Judicial Excellence for Colorado Dinner and the Annual Judicial Independence Membership Breakfast. Straight Talk with Judges, an interactive CLE event, resulted in 65 new members, many kudos and a fun evening for all who attended. Fifty-two Colorado judges attended Advanced Evidence, one of NJC s most popular courses, which was conducted in Denver. CJI received over 30 nominations for its Judicial Excellence Awards. In addition to honoring three of Colorado s outstanding jurists at the Judicial Excellence for Colorado Dinner, three former Iowa Supreme Court justices took the stage and praised CJI for its success in protecting Colorado s merit selection system. To date, CJI has granted over $255,000 in scholarships to individuals and organizations such as the Family Law Institute, the Colorado Court Employee s Conference and the Statewide ADR Conference. Our Courts continues its successful efforts to educate the public on Colorado courts and is now serving as a state and national model. CJI also had the opportunity to participate in the dedication of the newly constructed Ralph L. Carr Judicial Center. This was a tribute that touched the hearts of many Coloradans. Our fiscal year ends June 30. I am pleased to report that as of April 30, 2013, CJI was on track to meet its budget. In addition, CJI recently received a generous grant from the Marcia Brady Tucker Foundation, which gives us the opportunity to focus on development and sustainability. One of CJI s goals for the upcoming year will be to diversify and increase CJI s financial resources so that we can continue to enhance our programs. Thank you in advance for your continuing support of the Colorado Judicial Institute. In the News Mark Fogg, CJI board member and general counsel for COPIC, was named a Top 5 Corporate Counsel in The Denver Business Journal third annual Best Corporate Counsel Awards. Judge Russ Carparelli, CJI board member and Colorado Court Of Appeals judge, was nominated for a 2013 ABA John Marshall Award. 3

4 Colorado Students Get Rare Opportunity to Hear U.S. Supreme Court Justice Speak CJI helped give 100 students from across Colorado the rare opportunity to hear Justice Sonia Sotomayor speak as a part of the dedication of the Ralph L. Carr Judicial Center on May 2. The eighth, ninth and 10 th graders were among 1,200 applicants of a statewide essay contest. Winners were selected by the Colorado Youth Advisory Council. The event was complimentary for the selected students and need-based scholarships for mileage, meals and lodging were provided by CJI and the El Pomar Foundation. Justice Sotomayor spoke about her life and her life s lessons before taking questions from the awestruck students. She even shared that her legal ambition was, in part, triggered by watching Perry Mason. Besides the students, tiers of the circular tower of the Ralph L. Carr Judicial Center were lined with community leaders, former governors, legislators, judicial personnel, and the public, who were there for a first glimpse of Colorado s beautiful new judicial center. Continued from Timely Justice on Page 1 breakdown in our nation's capital, they might have second thoughts before shifting to a Washington-style system for choosing judges. In Abraham Lincoln's day, Brookings Institution expert Russell Wheeler recently noted, 19 of the president's judicial nominees were confirmed within 10 days. Today, the president's appeals court nominees wait an average of 250 days for confirmation. Indeed, two years ago, Chief Justice John Roberts Jr. documented "a persistent problem (that) has developed in the process of filling judicial vacancies. Each political party has found it easy to turn on a dime from decrying to defending the blocking of judicial nominations, depending on their changing political fortunes." The results? Many 4 courts are facing "acute difficulties" and "extraordinary caseloads." State legislators might also consider the experience of New Jersey, a state with a federal-style system for judicial nominations. The gridlock in Trenton became so bad earlier this winter that a high number of vacant judgeships in the state's busiest county forced the suspension of complex civil trials. America's state courts handle 98 percent of all lawsuits. While these courts are engines of equal justice and economic stability, they're facing mounting budget stress and political pressure. Will state courts really benefit from U.S. Senate-style confirmation politics right now?

5 CJI Welcomes Seven New Board Members at May Annual Meeting Hon. Scott Crabtree District Court Judge 17th J.D. Mark T. Clouatre Partner Wheeler Trigg O Donnell LLP Cynthia A. Hansen Vice President Investments UBS Financial Services David Hall Managing Director Alvarez & Marsal Global Forensic and Dispute Services F. Brent Keeler, M.D. Aurora Women's Clinic Peter G. Koclanes Member Sherman & Howard L.L.C. Rodney Yokooji Relish Catering & Events Continued from CJI Member Breakfast on Page 2 judicial district. My office is called upon by prosecutors to provide assistance in major cases, particularly murder cases. In the eight years I have been AG, the pleas for such assistance have risen tremendously. Additionally, a number of District Court judges have expressed to me their concerns that overly lenient plea bargains are being turned in, specifically because prosecutors lack the experience and resources to prosecute such cases. Judges have said they did not believe justice was done in these cases. In rural jurisdictions, this problem has been exacerbated since 2004 when Colorado became the only state in the union to term limit District Attorneys. The limited number of experienced trial lawyers in rural areas, combined with term limits, makes it difficult to keep prosecutors in office, said Suthers. In closing, Suthers offered three ways to help improve the abilities of prosecutors in rural districts. First, noting that Colorado is highly unlikely to replace counties as the funding source for district attorney offices, he urged attorneys, judges and lay citizens to help DAs win proper support from county commissioners. Second, he urged the legislature to continue to fund and perhaps expand the ability of the state Attorney General s office to provide assistance in major cases. Finally, Suthers said, the legislature should consider referring to the voters a repeal of term limits for District Attorneys. Suthers spoke in front of about 225 CJI members and their guests at the Denver Athletic Club. Bob Ewegen is a CJI Board Member and Journalist-in-Residence. A 45-year veteran journalist before he retired from The Denver Post in 2008, he is now director of Research and Communications at The Ewegen Law Firm. 5

6 CJI Annual Meeting Celebrates a Successful Year and Looks Toward 2014 By Amy Ostheimer, CJI Executive Director June 30 brings CJI s fiscal year to a close. It s been a year of many accomplishments, firsts and the beginning of new terms to be served by seven individuals elected to CJI s board of directors at CJI s Annual Meeting and Luncheon May 9. Mark A. Fogg, Colorado Bar Association President and CJI board member, provided a thought provoking presentation, Continuing the Partnership Between the Judiciary, the Practicing Bar and the Law Schools. He questioned how our core values of service to clients and the public, access to justice, professionalism and community service will survive this information revolution. He also stated that access to justice is at a crossroads, and noted many of the challenges we face today. Traditional funding for free legal services has significantly declined and new models for their survival need to be created. The public is rejecting legal representation at $200/hour and up. The alternative is selfrepresentation. Judges spend an inordinate amount of time with pro se litigants. The number of pro se litigants has risen dramatically over the last few years. Judges and lawyers need to be educated on unbundled legal services/limited scope of representation and how this relatively new concept can complement the pro se self-help centers put in place throughout the state. What is the liability of limited scope of representation and how do we protect ourselves? Mark stressed the need for the judiciary, practicing bar and law schools to direct the changes coming to the legal system rather than to react to market forces. Fiscal Year Highlights Judicial Education Fund Judicial Education is one of CJI s programs that is rapidly gaining popularity among Colorado s judicial branch. The Judicial Education Fund provides grants to support continuing education for judges, magistrates, and full-time judicial department employees. The majority of the funding for this program comes from the net proceeds of the Judicial Excellence for Colorado Dinner. CJI s Judicial Education Fund has contributed over $255,000 in scholarships since its inception 6 in Approximately 460 individuals received a direct benefit in Approximately 4,000 court personnel received a direct benefit since the fund s inception in The Committee approved $51,840 in requests for this fiscal year. The breakdown is $23,500 in National Judicial College and $28,340 in non- National Judicial College requests. CJI partnered with the National Judicial College (NJC) and the Colorado Judicial Department to bring NJC s Advanced Evidence Course to Denver. Fifty-two judges attended, representing 17 judicial districts, the Denver Probate Court, the Denver County Court and the Colorado Court of Appeals. CJI extended its agreement with NJC and contributed an additional $20,000 in March 2013, a $95,000 total contribution. In the last four years, the total benefit to the Colorado judiciary has been $190,000 with matching funds coming from NJC. In addition to providing scholarships to individuals, CJI also supported the Statewide ADR conference; the Family Law Institute; and the Colorado Court Employees Annual Conference. Our Courts The award winning Our Courts continues to be CJI s primary vehicle for educating the adult public about the state and federal court system. Founded in September 2007, Our Courts has presented 442 programs to 11,709 individuals. There are 36 additional presentations scheduled in Audiences throughout Colorado and even Wyoming have heard Our Courts presentations. Ninety-second Our Courts videos, which answer frequently asked questions about the judiciary, now appear on the Internet. Our Courts, a joint activity of the Colorado Judicial Institute and the Colorado Bar Association, offers eight presentations; many have been translated to and presented in Spanish. Our Courts is being used as a model to expand adult civic education in other states, such as Wisconsin, and on a national level. With the assistance of Our Courts founder and CJI board member Judge Russell Carparelli, Our Courts America is an initiative being developed by Justice at Stake, a nonprofit group working to protect impartial courts on a national basis, and its partners. Continued under CJI Annual Meeting on Page 7

7 Continued from CJI Annual Meeting on Page 6 Judicial Excellence Awards The Awards Committee was challenged by the record number of nominations received in CJI has honored 39 jurists since The 2012 Judicial Excellence for Colorado Dinner honored three outstanding state jurists: Magistrate Bonnie McLean, 18th J.D. County Court Judge Susanna Meissner-Cutler, Douglas County, 18th J.D. District Court Chief Judge Robert Hyatt, 2nd J.D Judicial Excellence for Colorado Dinner Hailed as the best dinner ever, the 2012 Judicial Excellence for Colorado Dinner broke all records. Following the presentation of the Judicial Excellence Awards to three outstanding jurists, three former Iowa Supreme Court justices took the stage and praised the vital role of CJI as an established citizen s organization devoted to ensuring that state courts remain fair and impartial. The speakers included former Iowa Supreme Court Chief Justice Marsha Ternus, former Iowa Supreme Court Justice David Baker and former Iowa Supreme Court Justice Michael Streit. The three were honored in May 2012, with the John F. Kennedy Profile in Courage award for refusing to sacrifice the dignity or independence of the judiciary. They were defeated in Iowa s 2010 retention election Judicial Excellence for Colorado Dinner net profit was $71,700, 24 percent greater than the 2011 dinner net profit. There were 61 total sponsors and total revenue of $131,820 (sponsorship and ticket sales). 700 registered to attend the event CLE Event Draws 68 New Members CJI s CLE Committee, CJI s Young Professionals and the Colorado Bar Association s CLE partnered to present Straight Talk with Judges, an interactive CLE promoting education among some of Colorado s top judges and attorneys. The event was hosted by Holland & Hart and participants received three CLE credits. Participants were separated into small groups and rotated through eight topics. Discussions occurred and the participants were able to gain insight from established judges and attorneys. Additionally, Chief Justice Bender was on hand to welcome participants and offer opening remarks in conjunction with his declaration of October as Legal Professionalism Month in Colorado. Thanks to the generosity of the Colorado Bar Association s CLE and the faculty for donating their time. The 11th Annual Judicial Excellence for Colorado Dinner Presented by the Colorado Judicial Institute Tuesday, October 15, 2013 Denver Marriott City Center 1701 California St. 6 p.m. Cocktail Reception 7 p.m. Dinner Sponsorship Opportunities Available For more information on becoming a sponsor, contact Cynthia Ophaug-Johansen at or Cynthia@ColoradoJudicialInstitute.org. Thank You to This Year s Judicial Excellence for Colorado Special Sponsors Wheeler Trigg O Donnell LLP (Platinum Sponsor) Davis Graham & Stubbs LLP (For Graphic Design Services) Holland & Hart LLP (For Video Production Services) 7