5 Myths and Facts

1) Term-limits seem like a good idea; Why should I oppose Amendment 40?
It is a drastic measure with serious consequences. It doesn’t matter whether you support or oppose term limits; this measure is too extreme for Colorado.

Because Amendment 40 retroactive, it forces five of seven Supreme Court justices and seven of 19 Court of Appeals judges off the bench at the same time, regardless of performance or voter preference. In addition, Amendment 40 fails to address the resulting backlog created by the loss of nearly half of the judges on Colorado’s highest courts. The measure has no plan for keeping the courts operating efficiently while replacing nearly half of Colorado’s highest judges.

2) Couldn’t this help prevent the “abuse of power” and keep courts from being “too political”?
Just the opposite. Amendment 40 will bring partisan politics into the courtroom by giving future governors of Colorado the power to replace nearly the entire Supreme Court every decade.

In fact, the next governor of Colorado will have the ability to replace five of seven Supreme Court justices and seven of 19 Court of Appeals judges all at the same time.

Passage means future governors can stack the deck with judges who share their partisan political views, be they conservative or liberal, Republican or Democrat.

3) Won’t this help control “activist judges” and remove bad judges?
No. Coloradans already have the ability to remove problem judges. Years ago, the voters of this state approved rigorous accountability standards for Colorado judges. Like doctors, judges are subject to comprehensive performance reviews. Like pilots, judges have a mandatory retirement age. Judges face retention votes by the people, as well as discipline by a commission of citizens, lawyers and judges from across the state.

4) The current system isn’t working because there is no accountability to the people of Colorado.
False. Colorado judges are already accountable to the people through performance evaluations by non-partisan commissions, mandatory retirement, discipline and retention votes by the people. Amendment 40 is a drastic step backward, forcing out good judges — regardless of performance or voter preference. Colorado’s courts have been rated in the top 10 nationally for impartiality and competence by the U.S. Chamber of Commerce and Institute for Legal Reform.

5) Isn’t rotation in office a good thing for Colorado? Won’t it bring a “breath of fresh air”?
Because it is so drastic, Amendment 40 will force qualified individuals to choose between continuing an established career or accepting a short-term judicial appointment. Many of Colorado’s best and brightest, most knowledgeable and highly qualified people will be discouraged from applying to be a judge due to the impact it would have on their families, careers, and other future considerations. Candidates from different areas of the state will be less interested in uprooting their lives for a job they know is only temporary. Voters also should be concerned about individuals who might see serving as an opportunity to better their future standing and curry favor with potential supporters.