The Colorado Judicial Institute and Colorado Defense Lawyers Association issued a joint statement Oct. 30, calling for Coloradans to protect the ability of judges to decide cases based on the law and to resist partisan attacks on the judiciary.
The Colorado Bar Association issued its own statement Oct. 29 expressing concern about politically charged efforts targeting the judiciary’s independence, in light of a call to unseat Colorado Supreme Court Chief Justice Monica Márquez.
CJI and CDLA expressed grave concern over a campaign targeting Márquez for retention.
The campaign is spearheaded by the D.C.-based Article III Project, which claims on its website that “America is facing republic-ending lawfare,” and that “Democrats and the far left are weaponizing the courts to undermine the Constitution.”
A3P announced Oct. 18 in a press release that it had formed an independent expenditure committee in Colorado, “aimed at opposing the retention of Colorado Supreme Court Chief Justice Monica Márquez in the upcoming November 5th election.”
According to the release, the campaign opposing her retention is based on Márquez’s role in the state Supreme Court’s ruling in December 2023 to remove former President Donald Trump from the ballot in Colorado, a decision that was later overturned by the U.S. Supreme Court.
A3P said the action “follows Monica Márquez’s outrageous and unconstitutional decision to illegally remove former President Donald Trump from the Colorado ballot, a move later unanimously reversed by the Supreme Court of the United States.”
The organization asserted Márquez alongside three other justices in a divided 4-3 ruling voted to remove Trump from the ballot. A3P also noted the court is all-Democrat-appointed. “This decision not only highlights the radical, baseless nature of Márquez’s ruling, but also sends a clear message about the importance of accountability and upholding the rule of law,” A3P said in a press release.
“Monica Márquez attempted to disenfranchise over 550,000 Colorado Trump primary voters,” said A3P founder and president Mike Davis in a press release.
The press release from CJI and CDLA noted that following that ruling, the court received threats of violence so severe they required FBI intervention.
“We also affirm the public’s right to engage in civil discourse regarding judicial matters, provided this discourse remains respectful and promotes the safety of all judicial officers,” the CBA said in a release.
CJI and CDLA said in their press release that the organizations support the First Amendment right to free speech, but that the recent attacks go beyond the simple exercise of that right, and the organizations warn of the dangerous precedent that the attacks could set.
“If such efforts succeeded, they would send a chilling message to judges in Colorado and elsewhere: rule against powerful political interests at your peril,” the two organizations said in the release. “This would fundamentally undermine the integrity of our courts. It could discourage qualified candidates from seeking judicial positions, weakening our bench for generations to come.”
The CBA said in its statement that actions designed to undermine judicial officers cross the line of constructive dialogue.
“The CBA encourages citizens to engage in informed voting and exercise their civic duties thoughtfully. However, we must also protect the judiciary from political interference and ensure a safe environment for judges to carry out their duties impartially and without fear,” the CBA said in a statement. “An independent judiciary, safeguarded from coercion and able to make decisions based solely on law, is essential to maintaining fair and balanced justice for everyone in Colorado.”