Colorado Judicial Institute

2009 Judicial Independence Breakfast

Colorado Judicial Institute For Immediate Release:

P.O. Box 118 April 27, 2009

Broomfield, CO 80038-0118

(303) 766-7501 Contact: Dana Nelson

(303) 303-975-5290 fax Phone: 303-489-3432

www.coloradojudicialinstitute.org E-mail:

Former Justice Rebecca Kourlis and Judge Bill Dressel share national trends

at Colorado Judicial Institute breakfast

Denver, CO – The Colorado Judicial Institute welcomed Former Colorado Supreme Court Justice Rebecca Love Kourlis and former Colorado District Court Judge William F. Dressel as the speakers at the 2009 Judicial Independence Breakfast on April 16 at the University Club in Denver.

The Search for Stable Ground in Judicial Selection

Justice Kourlis, currently the executive director at the Institute for the Advancement of the American Legal System (IAALS), discussed the search for stable ground in the national debate over judicial selection and performance evaluation methods. The more than 160 CJI guests, including Judge Bruce Campbell of the US Bankruptcy Court, Judge Robert Fullerton (retired), Denver Bar President Mark Fogg, attorneys David Hersh and Sheila Gutterman, and Dr. Elinor Greenberg, paid rapt attention as Justice Kourlis stated that Colorado’s system is “truly the gold standard for judicial selection and evaluation around the country.” In the three years since Justice Kourlis founded the IAALS, she has become firmly convinced that the Colorado model of judicial merit selection, performance evaluation and retention election is the best at insuring both excellence and accountability.

Kourlis shared that a recent survey of judicial selection processes in the US indicated that “89% of all state judges in the United States are elected to the bench.” Judicial elections involve fundraising, stump speeches, the politicization of judicial selection, and massive expenditures by 3rd parties. In states such as Wisconsin, Illinois, Texas and West Virginia, the public is subject to questionable judicial campaign fundraising and increasingly offensive advertising. And for the first time ever, a state may actually revert back to an election system from merit selection – the Tennessee legislature is currently considering allowing a statute that created and governed nomination commissions to expire. This legislative session there have 224 pieces of proposed legislation in 37 states that would impact judicial selection in some manner. And as we in Colorado know, there are citizen initiatives and movements that seek to challenge or change merit selection systems to gain a perceived political advantage.

On the bright side, voters in a few Kansas counties and Missouri recently supported their merit selection systems. Kourlis stated that “States such as Pennsylvania, Minnesota and Nevada are considering establishing merit selection systems.” In 2006, voters in Colorado defeated Amendment 40 which would have retroactively term limited state judges. That measure has lead to the creation of public education campaigns so that voters better understand our system and judicial independence.

Justice Kourlis indicated that even though Colorado appears to have a stable selection system that is a national model, the possibility of challenge is constant. In order to meet any challenge, we must improve the current system, create public confidence and support through education, and support organizations such as CJI whose mission it is to protect judicial independence.

Judicial Education: Can It Advance Justice

Judge Bill Dressel, currently the president of the National Judicial College (NJC), shared information about the value of continuing judicial education programs. Judges are actively interested in expanding their knowledge and

learning new skills to best serve those that appear before them. Judicial education through the NJC includes topics from caseload management which improves efficiency, to general jurisdiction for newly appointed judges, and specialty topics such as evidence and drug courts.

In response to a budget crisis in 2002 that eliminated all state funding for judicial education, CJI created the Judicial Education Fund. The Fund provides privately raised money for state judicial department employees to attend classes, conferences, seminars, and training sessions. Currently CJI and the NJC are partners in an effort to provide funds for Colorado judges and magistrates to attend NJC courses. The partnership will provide $125,000 in scholarship funds through 2011. The funds can be used for tuition, travel, room & board thereby creating a vast number of educational opportunities.

Dressel congratulated CJI on the forethought put into creating a unique funding mechanism that not only advances its mission to achieve judicial excellence, but also benefits the citizens of the state by providing a higher degree of efficiency and knowledge in state courtrooms.

CJI board members Sheila Gutterman and Yvonne Zuber chair the breakfast and membership development committees respectively. The chair of the CJI board is Robert N. Miller – managing partner at Perkins Coie LLP. The Colorado Judicial Institute is a 30-year old non-partisan, non-profit citizens’ organization dedicated to the excellence and independence of Colorado’s courts. CJI supports public education efforts aimed at informing citizens about Colorado’s judicial merit selection and performance evaluation systems.

For more information, contact Dana Nelson at 303-489-3432. Permission to forward granted.

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EVENT DETAILS

Name of Organization: Colorado Judicial Institute

Title of Event: Colorado Judicial Institute Membership Breakfast

Date, Time: Thursday, April 16, 2009

Place: University Club, Denver, Colorado

Speakers: Former Colorado Supreme Court Justice Rebecca Love Kourlis – Executive Director of the Institute for the Advancement of the American Legal System at the University of Denver.

Former Colorado District Court Judge William F. Dressel – President of the National Judicial College in Reno, Nevada.

Underwriters: Burg Simpson Eldredge Hersh & Jardine, P.C.

GHP Horwath, P.C.

Gutterman Griffiths PC

Harper Lutz Zuber Potenza & Associates, LLC

Ickovic & Company

J. Daniel Brinker & Company

Judicial Arbiter Group, Inc.

Perkins Coie LLP

Robinson Waters & O'Dorisio PC,

Name of chairpersons & committee: Sheila Gutterman and Yvonne Zuber – co-chairs, David Hersh, Otto Hilbert, June Baker Laird, Diana Powell, Catherine Puttmann, Ralph Torres, Rod Yokooji.

Attendees of note: Judge A. Bruce Campbell – US Bankruptcy Court

Judge Russell Carparelli – Colorado Court of Appeals

Mark Fogg – Kennedy Childs & Fogg, P.C., President Denver Bar Association

Judge Robert Fullerton – Denver County Court, Retired

Judge Richard Gabriel – Colorado Court of Appeals

Dr. Elinor Greenberg – EMG and Associates

Sheila Gutterman – Gutterman Griffiths PC

David Hersh – Berg Simpson Eldredge Hersh & Jardine, P.C.

Robert N. Miller – Managing Partner, Perkins Coie LLP

Reason for event: Introduce individuals to the Colorado Judicial Institute and encourage membership.

Name & phone number for readers to call for information: Dana Nelson 303-489-3432

Organization background and mission statement: The Colorado Judicial Institute is a 30- year old independent, non-profit, non-partisan citizens’ organization devoted to the excellence and independence of Colorado courts. Established in 1979, its mission includes public education about the judiciary, recognition of judicial excellence, support for judicial education and collaboration with the public, the legislature, the judiciary and other community organizations to improve Colorado courts.

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