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Eternal vigilance is the cost of liberty. Thomas Jefferson . Thomas Jefferson

COLORADO SECRETARY OF STATE DENVER, COLORADO

CASE NO. 2016-0024

Administrative State Court 1525 Sherman Street Denver, Colorado 80203 Web page: www.Colorado.gov/OAC

303-866-2000

PETER COULTER,

Complainant,

v.

COLORADO JUDICIAL MEMBERS/EMPLOYEES [Group A] [hereinafter “Judiciary”] ITS’ 304 JUDGES AND 3,600 UNKNOWN EMPLOYEES, each in their official capacity as members and/or employees of the Judiciary including Denver County Judges as proponents and/or supporters of the Judiciary Retention and non-Retention of 109 Judges in a political candidate campaign as noted in radio ads,

JUDGE HALL, JUDGE MCNULTY, JUDGE PILKINGTON, JUDGE VRIESMAN, JUDGE BURBACK, JUDGE CARPENTER, JUDGE GREENE, JUDGE MOORE, JUDGE MARTINEZ, JUDGE BRODY, JUDGE BRONFIN, JUDGE BUCHANAN, JUDGE GERDES, JUDGE MCCALLIN, JUDGE ROBBINS, JUDGE WHITNEY, JUDGE WOODS, JUDGE CLARKE, JUDGE SCHMALBERGER, JUDGE MARCUCCI, JUDGE BURD, JUDGE FARAGHER, JUDGE JACKSON, JUDGE RODARTE, JUDGE RANDOPH, JUDGE SPAHN, JUDGE GERBRACHT, JUDGE MARTINEZ, JUDGE CHITTUM, JUDGE GILBERT, JUDGE GROHS, JUDGE MILLER, JUDGE PRUDEK, JUDGE FINDORFF, JUDGE HANSEN, JUDGE WILSON, JUDGE DUNKELMAN, JUDGE PATTON, JUDGE ROMEO, JUDGE OLGUIN-FRESQUEZ, JUDGE SHAMIS, JUDGE SULLIVAN,JUDGE CASIAS, JUDGE HERRINGER, JUDGE WILSON, JUDGE EDWARDS, JUDGE LUTZ, JUDGE MILLER, JUDGE BRINEGAR, JUDGE LAMMONS, JUDGE BERENATO,

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Eternal vigilance is the cost of liberty . Thomas Jefferson JUDGE ECTON, JUDGE LEHMAN, JUDGE

Eternal vigilance is the cost of liberty. Thomas Jefferson

JUDGE ECTON, JUDGE LEHMAN, JUDGE NEILEY,JUDGE NOBLE, JUDGE FLESHER, JUDGE MATTOON, JUDGE SCHWARTZ, JUDGE GROOME, JUDGE MURPHY, JUDGE ALDERTON, JUDGE GONZALES, JUDGE BROYLES, JUDGE ACHESON, JUDGE BRAMMER, JUDGE KILLIN, JUDGE NEUGEBAUER, JUDGE HOAK, JUDGE BRINKLEY, JUDGE MACDONNELL, JUDGE VIGIL, JUDGE MURPHY, JUDGE ANDERSON, JUDGE DELGADO, JUDGE ENSOR, JUDGE GOODBEE, JUDGE KIRBY, JUDGE SAMOUR, JR., JUDGE CHASE, JUDGE HOLMES, JUDGE MARTINEZ, JUDGE STEVENS, JUDGE WEISHAUPL, JUDGE BENCZE, JUDGE OLLADA, JUDGE HAUSE, JUDGE HOSKINS, JUDGE LYONS, JUDGE QUAMMEN, JUDGE HARTMAN, JUDGE LANGER, JUDGE GURLEY, JUDGE ROBISON, JUDGE HENDERSON, JUDGE LARSON, JUDGE WALKER, JUDGE BOYD, JUDGE ASHBY, JUDGE BERGER, JUDGE BERNARD, JUDGE DUNN, JUDGE FURMAN, JUDGE HAWTHORNE, JUDGE JONES, JUDGE NAVARRO, JUDGE ROMAN, JUDGE TERRY, JUDGE HOOD, III, [GROUP B]each in their official capacity as employee and/or member Judges of Respondent Judiciary and each as political candidates pursuant to the Colorado Constitution Amendment XXVIII running for retention of their respective judgeships and being recommended to be RETAINED by Respondent Judiciary,

JUDGE SCHIFERL, JUDGE STRAUS [Group C]each in their official capacity as employee and/or member Judges of Respondent Judiciary and each as political candidates pursuant to the Colorado Constitution Amendment XXVIII running for retention of their respective judgeships and being recommended to be NOT RETAINED by Respondent Judiciary,

GOVERNOR JOHN HICKENLOOPER [Group D] in his official capacity as Governor of the State of Colorado and sponsor [proponent] and supporter of Judicial political candidate campaign radio ads,

JUSTICE NANCY RICE [Group E] individually and as Chief Justice of the Colorado Supreme Court. Also in her official capacity as head of Respondent, Colorado Judiciary, and a member of the Colorado Supreme Court that additionally acts as the body to review and approve all State Judicial Performance Commission Rules in accordance with CRS 13-5.5, COMMISSIONS ON JUDICIAL PERFORMANCE. Additionally as the Head of the Supreme Court Administrative Division responsible as Respondent Superior for Judicial Performance survey distribution,

KENT WAGNER, [Group F]individually and as appointed 1 Director of the Colorado Judicial Performance Commission and as employee/member of Respondent, Colorado Judiciary,

1 Appointed by Supreme Court Chief Justice Nancy Rice. Mr. Wagner worked in the Supreme Court Administrative Division previous to his appointment as Director of the JPC.

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Eternal vigilance is the cost of liberty . Thomas Jefferson GERALD A. MARRONEY, [Group G]

Eternal vigilance is the cost of liberty. Thomas Jefferson

GERALD A. MARRONEY, [Group G]individually and in his official capacity as Director of the Supreme Court Administrative Division[under direct supervision of Respondent Justice Nancy Rice] responsible for distribution of surveys 2 pursuant to CRS 13-5.5, COMMISSIONS ON JUDICIAL PERFORMANCE [Exhibit 7] and as an individual employee member of Respondent, Judiciary,

JUSTICE NATHAN B. COATS, JUSTICE ALLISON H. EID, JUSTICE MONICA M. MARQUEZ, JUSTICE BRIAN D. BOATRIGHT, JUSTICE WILLIAM W. HOOD, III, JUSTICE RICHARD L. GABRIEL, [Group H] all in their official capacity as individual members/employees of the Colorado Judiciary and of the Colorado Supreme Court that additionally acts as the body for reviews and approvals of all State Judicial Performance Commission Rules in accordance with CRS 13-5.5, COMMISSIONS ON JUDICIAL PERFORMANCE.,

HEATHER R. HANNEMAN, Chair, EDWARD F. HARVEY, Vice Chair, SCOTT ERIC GESSLER, CHRISTINA M. HABAS, SUSANNE E. JALBERT, PH.D., MICHAEL J. MADAY, MSW, DAVID S. KAPLAN, MICHELLE RANDALL-GARCIA, WILLIAM E. SOBESKY, PH.D., and ROLAND WILLIAMS [Group I] in their official capacity as appointed members of the Colorado State Judicial Performance Commission and as individual members / employees of Respondent Judiciary,

COLORADO BROADCASTERS ASSOCIATION, [Group J] a non-profit corporation registered with the State of Colorado, Secretary of State,

JUSTIN SASSO, [Group K]individually and in his official capacity as President and CEO of Respondent Colorado Broadcasters Association and as the individual that signed the contract with Respondent Judiciary which sponsors[proponent] political candidate campaign radio ads for Colorado Judicial Retention and Non-Retention of 109 Judges.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 104.3 FM, THE FAN RADIO

Eternal vigilance is the cost of liberty. Thomas Jefferson

104.3 FM, THE FAN RADIO STATION [Group L]as a sponsor named as sponsor[proponent]for the political candidate campaign radio ads for Colorado Judicial Retention and Non-Retention of 109 Judges with Respondent Judiciary and Respondent Colorado Broadcaster’s Association and spokesperson Respondent, Governor Hickenlooper,

UNKNOWN “JOHN DOE” RADIO STATIONS [Group M] described as sponsors [proponents] in political candidate campaign radio ads 3 with Respondent “Judiciary” and Respondent “Colorado Broadcaster’s Association and spokesperson Respondent, Governor Hickenlooper,

Respondents.

FIRST AMENDED COMPLAINT PURSUANT TO COLORADO CONSTITUTION AMENDMENT XXVIII & THE FAIR CAMPAIGN PRACTICES ACT

The Complainant files his FIRST AMENDED COMPLAINT PURSUANT TO COLORADO CONSTITUTION AMENDMENT XXVIII & THE FAIR CAMPAIGN PRACTICES ACT, pursuant to and in accord with Colorado Rules of Civil Procedure Rule

15(a);

a.)The case was initially filed with the Court on October 24 th and this November 3 rd filing is less than 21 days, b.)No responsive pleading has been filed towards the Original Complaint and, c.)The trial for the case is not currently on the Court’s Calendar.

3 Six Colorado Judiciary, Governor Hickenlooper, Colorado Broadcaster’s Association and Radio Station sponsored ads that

are currently airing on Radio Stations across Colorado.

Exhibit14RadioAds

KNOW YOUR JUDGE SPANISH RADIO AD4.mp3 KNOW YOUR JUDGE SPANISH RADIO AD3.mp3 KNOW YOUR JUDGE
KNOW YOUR JUDGE SPANISH RADIO AD4.mp3 KNOW YOUR JUDGE SPANISH RADIO AD3.mp3 KNOW YOUR JUDGE

KNOW YOUR JUDGE SPANISH RADIO AD4.mp3

KNOW YOUR JUDGE SPANISH RADIO AD3.mp3

RADIO AD4.mp3 KNOW YOUR JUDGE SPANISH RADIO AD3.mp3 KNOW YOUR JUDGE RADIO AD2.mp3 KNOW YOUR JUDGE
RADIO AD4.mp3 KNOW YOUR JUDGE SPANISH RADIO AD3.mp3 KNOW YOUR JUDGE RADIO AD2.mp3 KNOW YOUR JUDGE

KNOW YOUR JUDGE RADIO AD2.mp3

KNOW YOUR JUDGE RADIO AD1.mp3

YOUR JUDGE RADIO AD2.mp3 KNOW YOUR JUDGE RADIO AD1.mp3 KNOW YOUR JUDGE v2 RADIO AD6.mp3 KNOW
YOUR JUDGE RADIO AD2.mp3 KNOW YOUR JUDGE RADIO AD1.mp3 KNOW YOUR JUDGE v2 RADIO AD6.mp3 KNOW

KNOW YOUR JUDGE v2 RADIO AD6.mp3

KNOW YOUR JUDGE SPANISH RADIO AD5.mp3

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Eternal vigilance is the cost of liberty . Thomas Jefferson The Complainant, Peter Coulter, alleges

Eternal vigilance is the cost of liberty. Thomas Jefferson

The Complainant, Peter Coulter, alleges as follows:

I. PARTIES 4 1. Complainant, Peter Coulter, is a resident of Colorado and a party allowed to

file a Complaint pursuant to Colorado’s Fair Campaign Practice Act, Colorado

Constitution Article XXVIII §9 Paragraph 2(a) 5 . Additionally, Mr. Coulter

currently has a competing political candidate campaign recommending to voters

a “DO NOT RETAIN” for every Colorado Judge until such time as the Judiciary

becomes 100% Transparent and Accountable 6 . Mr. Coulter is required and has

fully complied with Colorado Constitutional Amendment XXVIII. [Fair Campaign

Practice Act, aka FCPA] Contact information.

Ib. RESPONDENTS

2. Respondents are all individuals or entities noted in radio ads who are

indicated as the responsible parties [proponents] for said political

candidate radio ads campaigning 107 Colorado judges for Retention and 2

others for Non-retention. Additionally, all 109 Respondent Retention Judges

are also considered political candidates under the Colorado Constitution,

Article XXVIII and the Fair Campaign Practice Act [FCPA].

4 CONTACT INFORMATION FOR ALL PARTIES. 5 Article XXVIII § 9, Paragraph 2(a): Any person who believes that a violation of section 3, section 4, section 5, section 6, section 7, or section 9 (1) (e), of this Article, or of sections 1-45-108, 1-45-114, 1-45-115, or 1- 45-117 C.R.S., or any successor sections, has occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date of the alleged violation 6 NO JUSTICE, NO JUDGES POLITICAL CANDIDATE CAMPAIGN

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Eternal vigilance is the cost of liberty . Thomas Jefferson 3. Respondent, Colorado Judicial Branch

Eternal vigilance is the cost of liberty. Thomas Jefferson

3. Respondent, Colorado Judicial Branch [Hereinafter “Judiciary”] is referenced

in current political candidate campaign radio ads as “Colorado Judicial

Branch”, one of the parties indicated responsible[proponent]for the

political candidate ads noted herein. It consists of 3600 individual

employees/members and 304 Judges. Contact information.

4. Respondents, 107 Colorado Judges running for Retention [Hereinafter

“Retention Judges”] are political candidates supported and recommended for

RETENTION by Respondents Judiciary, Governor John Hickenlooper, Colorado

Broadcasters Association, 104.3 THE FAN and various unknown radio stations

as evidenced by presently running radio ads. Contact information.

5. Respondents, Judge Schiferl, Judge Straus running for Retention [Hereinafter

“Non-Retention Judges”] are political candidates recommended for NON-

RETENTION by Respondents Judiciary, Governor John Hickenlooper, Colorado

Broadcasters Association. 104.3FM THE FAN and various unknown radio stations

as evidenced by presently running radio ads. Contact information.

6. Respondent, Governor John Hickenlooper is named in his official capacity

only. He is head of the Administrative branch of Colorado and is a named

sponsor/spokesperson

[proponent]in political

candidate

campaign

ads

supporting both retention and Non-retention of respective Colorado Judges.

[political candidates] Contact information.

7. Respondent, Colorado Supreme Court Chief Justice Nancy Rice, is head of the

Judiciary and exclusive head of the Colorado Supreme Court Administrative

Division, the Judicial arm responsible for delivery of judicial performance

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Eternal vigilance is the cost of liberty . Thomas Jefferson surveys in compliance with mandates

Eternal vigilance is the cost of liberty. Thomas Jefferson

surveys in compliance with mandates of CRS 13-5.5, COMMISSIONS ON JUDICIAL

PERFORMANCE. Justice Rice is named individually and in her official capacity.

Additionally, she is one of the State actors responsible for nominating

persons to be a Colorado Judge and is also a member of the Colorado Supreme

Court, the body responsible under CRS 13-5.5, COMMISSIONS ON JUDICIAL

PERFORMANCE., for reviewing and approval of rules of the State Colorado

Judicial Performance Commission. [Hereinafter “JPC”] Contact information.

8. Respondents, Supreme Court Justices Nancy Rice, Nathan B. Coats, Justice

Allison H. Eid, Justice Monica M. Marquez, Justice Brian D. Boatright,

William W. Hood III, and Richard L. Gabriel, are members of Respondent

Judiciary and additionally the body responsible for reviewing and approval

of the rules of the JPC in accord with CRS 13-5.5, COMMISSIONS ON JUDICIAL

PERFORMANCE. 7 According to Mr. Kent Wagner, Esq., appointed Director of the

JPC, $50,000 was budgeted/approved to pay for the political candidate

campaign ads by vote 8 of the JPC members with approval of the Colorado Supreme

Court. Contact information.

Christina M. Habas, Ph.D., David Kaplan, Susanne E. Jalbert, Ph.D. Michelle

Maday, MSW, William Sobesky, Ph.D., and Roland Williams are current appointed

members of the Judiciary and the Colorado Judicial Performance Commission

7 CRS 13-5.5-103 Powers and Duties of State Commission (o) (I) Subject to approval by the Colorado supreme court, [emphasis added] to promulgate rules necessary to implement and effectuate the provisions of this article, including rules to be followed by the district commissions 8 According to Mr. Wagner, no recording or transcript is kept of the JPC meetings so it is impossible to describe when the vote was taken by its’ members.

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Eternal vigilance is the cost of liberty . Thomas Jefferson established pursuant to CRS 13-5.5,

Eternal vigilance is the cost of liberty. Thomas Jefferson

established

pursuant

to

CRS

13-5.5,

COMMISSIONS

ON

JUDICIAL

PERFORMANCE.[Exhibit 7] They approved the expenditure of $50,000 in Judiciary

monies in the summer of 2016 9 to promote a political candidate campaign for

Retention of 107 Judges and 2 Non-Retention Judges. According to Respondent

Kent Wagner, JPC members are considered part of Respondent Judiciary’s duty

under CRS 13-5.5 et. seq. to “educate” the public and that it trumps

Constitutional Amendment XXVIII requirments. Contact information.

10. Respondent, Kent Wagner is the appointed Director of the Colorado Judicial

Performance Commission by it’s members pursuant to CRS 13.5.5 et. seq. And

he is an employee of Respondent Judiciary. According to statements made to

the State JPC on October 3 rd ; he has control of the $50,000 tax monies

appropriated from the Judiciary for funding of the political candidate

campaign for the Retention and Non-Retention of 109 Colorado State Judges

representing all divisions of Colorado Courts; County, District, Appellate

and Supreme Court. He additionally stated at that same hearing on a direct

question from Mr. Coulter that the Judiciary did not need to comply with

Campaign Finance mandates [Exhibit 17] because the Judiciary is mandated

under CRS 13-5.5-101 et. seq. to “educate” the public and the ads were/are

just public service announcements. Contact information.

11. Respondent, Gerald Marroney, Esq. is the appointed head of the Colorado

Supreme Court Administrative Division.[Exhibit 9] He reports directly to

9 Exact dates are not available as Mr. Wagner has indicated that there are no recordings or transcripts of the JPC meetings and at one point in 2014 indicated to Complainant that he couldn’t record or video them with his iPhone.

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Eternal vigilance is the cost of liberty . Thomas Jefferson Respondent, Justice Nancy Rice and

Eternal vigilance is the cost of liberty. Thomas Jefferson

Respondent, Justice Nancy Rice and is responsible for the distribution of

surveys pursuant to CRS 13-5.5 et.seq., Commissions on Judicial Performance.

Mr. Marroney is a member of Respondent Judiciary. Additionally, Mr. Marroney

participated in the Contracts between Respondent Judiciary and Respondent

Colorado Broadcasters Association for the political candidate campaign for

the Retention and Non-Retention of 109 Judges. Contact Information.

12. Respondent, COLORADO BROADCASTERS ASSOCIATION, is indicated as one of the

responsible parties [proponents] for current radio campaign ads and have

signed contracts [Exhibit 4] with Respondent Judiciary to provide said

advertising. They also support the political candidates campaign with the ad

displayed on their web page. [Exhibit 6] Contact information.

13. Respondent, Justin Sasso is the President and CEO of Respondent Colorado

Broadcasters Association. He signed the contract documents with Respondent

Judiciary to promote [proponent] and sponsor a political candidate campaign

by publishing radio ads through his company. Contact information.

14. Respondent, 104.3 The Fan is a Denver Radio Station affiliated with

Colorado Broadcasters Association. They are identified 10 as sponsors at the

end of each political candidate radio ad. Contact information.

15. Respondent, Unknown “John Doe” Radio Stations are those referenced at the

end

of

each

political candidate campaign radio ad

as

additional

sponsor(s)[proponents] of the political candidate campaign. Complainant

10 Each individual radio station is identified as “Sponsored by this radio station” at the end of each political candidate radio ad.

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Eternal vigilance is the cost of liberty . Thomas Jefferson reserves the right to add

Eternal vigilance is the cost of liberty. Thomas Jefferson

reserves the right to add the name of these radio stations as Respondents as

they become known.

[Exhibit 16

]

II. VENUE & JURISDICTION

16. Venue is proper with the Colorado Secretary of State and the Office of

Administrative Courts pursuant to Colorado Constitution Article XXVIII § 9,

Paragraph 2(a)[Exhibit 3]which provides that Complaints relating to the Fair

Campaign Practice Act [Hereinafter “FCPC”]are to be submitted to the

Secretary

of

State

adjudication.

and

thence

to

an

Administrative

Law

Judge for

17. In accord with the Fair Campaign Practice Act, complaints must be filed

within 180 days of certain thresholds 11 . This Complaint is timely filed

because it is submitted within one hundred and eighty days of the first

violation of the FCPC mandates which occurred sometime during the summer of

2016 when $50,000 was appropriated for a campaign to support Judicial

Retention and Non-retention of 109 Colorado Judges 12 .The campaign ads began

running on October 1, 2016 as announced by Mr. Wagner to the JPC members at

their monthly meeting on October 3 rd , 2016.

11 Article XXVIII § 9, Paragraph 2(a): Any person who believes that a violation of section 3, section 4, section 5, section 6, section 7, or section 9 (1) (e), of this Article, or of sections 1-45-108, 1-45-114, 1-45-115, or 1- 45-117 C.R.S., or any successor sections, has occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date of the alleged violation

12 Mr. Wagner announced at the October 3 rd meeting of the JPC that the board had approved the funding for the campaign “this past summer.” He has indicated he would get me exact dates but up to the submission of this Complaint has not done so.

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Eternal vigilance is the cost of liberty . Thomas Jefferson COMPLAINANT IS A PRO-SE LITIGANT

Eternal vigilance is the cost of liberty. Thomas Jefferson

COMPLAINANT IS A PRO-SE LITIGANT

18. Due to the nature of the suit and the inclusion of the entire Judicial

branch as Respondents, it is impossible to retain qualified counsel due to

perceived and/or real retribution by the various members of the Judiciary

including Judges toward respective attorneys and members of their legal firms

in the future. I personally know of attorneys that have been wrongfully

threatened by the past director of the Colorado Supreme Court Office of

Attorney Regulation, Mr. John Gleason, for their boldness in challenging the

“status quo” of the judiciary. Additionally,

I

have also personally

experienced my own retained attorneys purposely sabotaging my case to save

their own skin resulting in the continued disputed ownership of a $4,000,000

property and the leaving of a Supreme Court Judge and Director of the Office

of Attorney Regulation who were involved.

19. Additionally I have been on the end of a serious Retribution by Judge

Stephen Munsinger who dug up my father Lee Coulter’s remains [desecrating a

venerated object] after he had been buried at Crown Hill for 23 years,

without a hearing or even a chance to respond in one day. And now he has

been hired as a Senior Judge with absolutely no accountability and not part

of Judicial Retention provisions.

20. The pressure by the Judiciary of any attorney to take on this case as my

legal representation would be enormous and could easily lead to them

throwing the case or orchestrating a result in deference to the requests

of the Complainant.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 21. Therefore, I am left

Eternal vigilance is the cost of liberty. Thomas Jefferson

21. Therefore, I am left with no choice but to proceed Pro-se. Pro-se pleadings

are to be considered without regard to technicality; pro-se litigant’s

pleadings are not to be held to the same high standards of perfections as

lawyers. 13

III. FACTUAL BACKGROUND & GENERAL ALLEGATIONS.

22.

The

opening paragraph

of Amendment

XXVIII

of

the Colorado

Constitution is especially pertinent here:

Section 1. Purpose and Findings.

The people of the state of Colorado hereby find and declare that large campaign contributions to political candidates create the potential for corruption and the appearance of corruption; that large campaign contributions made to influence election outcomes allow wealthy individuals, corporations, and

special interest groups to exercise a disproportionate level of influence over

the political process

; that the rising costs of campaigning for political

office prevent qualified citizens from running for political office; that because of the use of early voting in Colorado timely notice of independent expenditures is essential for informing the electorate; that in recent years the advent of significant spending on electioneering communications, as defined herein, has frustrated the purpose of existing campaign finance requirements; that independent research has demonstrated that the vast majority of televised electioneering communications goes beyond issue discussion to express electoral

advocacy;

that political contributions from corporate treasuries are not an

indication of popular support for the corporation's political ideas and can

unfairly influence the outcome of Colorado elections 14

; and that the interests

of the public are best served by limiting campaign contributions, encouraging voluntary campaign spending limits, providing for full and timely disclosure of campaign contributions, independent expenditures, and funding of

electioneering communications, and

strong enforcement of campaign finance

requirements.

23. Also important for the Court to consider here is:

COLORADO CONSTITUTION ARTICLE XXVIII, Section 11:

13 Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 14 Retired Colorado Chief Justice Rebecca Kourlis states in her book on Judicial Retention [Transparent Courts] that recommendation put forth in the Blue Book for Retention or Non-Retention of judges is followed over 99% of the time.

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Eternal vigilance is the cost of liberty . Thomas Jefferson Conflicting provisions declared inapplicable. Any

Eternal vigilance is the cost of liberty. Thomas Jefferson

Conflicting provisions declared inapplicable. Any provisions in the statutes of this state in conflict or

Conflicting provisions declared inapplicable. Any provisions in the statutes of this state in conflict or inconsistent with this article are hereby declared to be

inapplicable to the matters covered and provided for in this Article.

with this article are hereby declared to be inapplicable to the matters covered and provided for

This necessarily requires that any statutory mandates and/or immunities

that any of the Respondents profess as valid defenses for not complying

with Campaign Finance provisions are moot and should not be considered by

this Court.

24. For purposes of Colorado Constitutional Amendment XXVIII, Judges

running for retention are considered political candidates and must

comply with the mandates of the Amendment and the Fair Campaign Practice

Act.

25. Respondents have orchestrated a political candidate campaign with

$50,000 in tax and/or court fees/monies, non identifiable donations 15 .

They have stated that they are not held accountable to Amendment XXVIII

and FCPA provisions because they are mandated by CRS 13-5.5 et. seq, to

educate16 the public and that the ads where they promote the Retention

15 It is an established principle that statutes regarding the use of public funds to influence the outcome of elections are strictly construed. Coffman v. Colo. Common Cause, 102 P.3d 999 (Colo. 2004).

16

JPC OCTOBER 3RD MEETING.m4a

JPC OCTOBER 3RD MEETING.m4a

Recording [go to 1:50 sec] where Mr. Warner is responding to Mr. Coulter’s question about the ads that came out that day where he indicates that the Judiciary is educating the public pursuant to CRS 13-5.5 et. seq. and doesn’t have to comply with Political Campaign Constitutional laws, Amendment XXVIII, or the Fair Campaign Practice Act [FCPA]Statutory laws.

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Eternal vigilance is the cost of liberty . Thomas Jefferson and Non-Retention of Political Candidates

Eternal vigilance is the cost of liberty. Thomas Jefferson

and Non-Retention of Political Candidates [Judges] 17 are just “public

service” announcements. 18

26. But in fact they are promoting their own biased opinions that the

Judiciary has put together and published using unlawful and invalid

survey distribution to respective parties in serious violation of CRS

13-5.5-101 et.seq.

27. The survey distribution is not done in accordance with the Statute,

but rather arbitrarily established by Mr. Kent Wagner, Mr. Gerald

Marroney and through their immediate Respondent Superior [Vicarious

Liability], Chief Justice Nancy Rice, who is head of the Supreme Court

Administrative Division which is responsible for distribution of the

surveys for Judicial Retention.

28. They have set up unpublished, non JPC reviewed and non Colorado

Supreme Court Approved survey distribution “parameters” [contrary to

the statute and unknown to the Judicial Performance Commissioners] that

are not statistically valid and arbitrarily deny certain sections of

entitled persons to receive surveys, intentionally biasing the

compilations and thereafter, the recommendations to the voters to either

Retain or Do Not Retain a respective Judge. Additionally, the State

Judicial Performance Commission has published unlawful and biased

17 See COLORADO ETHICS WATCH V. CLEAR THE BENCH COLORADO, OS2010-0009 17 ,COURT OF APPEALS 2010CA229, where judges are considered political candidates for purposes of Amendment XXVIII, Colorado Constitution. [Also see Exhibit 3] 18 Mr. Kent Wagner, October 3 rd , 2016 at monthly JPC meeting.

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Eternal vigilance is the cost of liberty . Thomas Jefferson Rules, approved by the Colorado

Eternal vigilance is the cost of liberty. Thomas Jefferson

Rules, approved by the Colorado Supreme Court, that are contrary to CRS

13-5.5 by eliminating pro-se litigants 19 from receiving surveys for

Appellate and Supreme Court Judges. The end result [Recommendations in

the Blue Book and as published on the Judiciary web site where the radio

ads point the listener] are not “educational” but rather propaganda put

forth

by

a

subvert group

of

Judicial

actors

at

the

expense of

unsuspecting Judicial Performance Commissioners, certain Supreme Court

Members and in specie, the public whose lives are vastly affected by

these Judicial Retentions. 20

29. Garbage data in = Garbage data out.

30. The Retention information published in the Blue Books and promoted

by the Respondents in the radio ads is nothing short of propaganda

pushing the agendas of a certain few in complete violation of the spirit

and letter of the law expressed in Amendment XXVIII and the Fair

Campaign Practices Act [Hereinafter “FCPA”]

19 According to a Supreme Court Study commissioned in 2014, 51% of all Colorado civil litigants are pro-se. Yet not one of them received the required survey for any respective Appellate or Supreme Court Judge.

20 Mr. Wagner noted in Emails in 2014 that these acts of enacting unpublished, non-approved “parameters” has been going on since 2004 when he was previously in the Colorado Supreme Court Administrative Division. The question that arises is whether any judge that has faced these unlawful retention recommendations can thereafter issue valid and lawful decisions? And are these a form of Fraud on the Court with no Statute of Limitation time frames in which to file?

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Eternal vigilance is the cost of liberty . Thomas Jefferson 32. The actions of the

Eternal vigilance is the cost of liberty. Thomas Jefferson

32. The actions of the Respondents in promoting propagandized political

candidate campaigns without complying with Amendment XXVIII and FCPA is

reflective of the special interests and big money that the Amendment

was meant to address and eliminate.

THE JUDICIAL PERFORMANCE SYSTEM.

33. It is imperative to show the Court the biases used by the Respondent

Judiciary to demonstrate the disingenuous absurdity of their contention

that the ads are “educational” and a “public service.”

34. In accord with CRS 13-5.5, the JPC is responsible for providing

“fair” recommendations for the retention of County, District, Appellate

and Supreme Court Judges. One very important and necessary facet of

this procedure is the distribution of surveys to every party associated

with a respective judge in accord with the Statute. There are provisions

within the Statute allowing less than total distribution to every

mandated statutory party so long as the parties selected are a

“statistical valid” sample

of all parties. [Known as “Pool”]

random
random

35. The Statute also mandates that every rule put forth by the JPC must

be reviewed and approved by Respondents, Colorado Supreme Court 21 .

21 CRS 13-5.5.-103 (o) (I) Subject to approval by the Colorado supreme court, to promulgate rules necessary to implement and effectuate the provisions of this article, including rules to be followed by the district commissions.

Page 16 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 36. In a large exchange

Eternal vigilance is the cost of liberty. Thomas Jefferson

36. In a large exchange of Emails [Exhibit 2] with Mr. Kent Wagner,

Director of the JPC, he indicates that he, with the assistance of the

Supreme Court Administrative Division which is headed exclusively by

Chief Justice Rice, devised a set of what he refers to as “parameters”

arbitrarily omitting certain types of parties who should receive

surveys. [See Exhibit 2]

37. An example of his decision to eliminate surveyed parties is/was CRCP

Rule 120 litigants. When asked if this was Approved by the Colorado

Supreme Court in accord with CRS 13-5.5 he responded that was not

necessary because it was not a rule, it was a “parameter” and did not

need approval by the State JPC or Colorado Supreme Court. And the

subversion of their actions toward the State Judicial Performance

Commissions is shown in Retired District Court Judge and Commissioner

Ms.

Christina Habas in

a response

letter

she

wrote

to

the

Complainant,Peter Coulter [Exhibit 8] where Ms. Habas indicates she

knows nothing about the biased exclusion of Rule 120 litigants as

prescribed in the “parameters.” The obvious reason is because Respondent

Kent Wagner was intentionally hiding them from Ms. Habas and the rest

of the JPC members and certain members of the Colorado Supreme Court.

38. Respondent Kent Wagner further went on to defend his acts by saying

that the Statute allowed him to not provide surveys to all parties,

which is correct. What he leaves out is that if he surveys are less

than the entire pool of parties, it must be a statistically valid

Page 17 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson sample 2 2 . He

Eternal vigilance is the cost of liberty. Thomas Jefferson

sample 22 . He cannot arbitrarily delete entire sections of the pool. It

must be random and statistically valid to comply with the mandates of

the statute.

39. The most recent example of Mr. Warner’s shameless work happened at

the last general election where Boulder County Judge Karolyn Moore was

up for retention. The Boulder JPC recommended “DO NOT RETAIN.” But

something was amiss. Surveys were not sent to the 29 Deputy District

Attorneys regarding Justice Moore. As soon as Chief Boulder County

District Attorney Stan Garnett found out, he had all his deputies sign

affidavits indicating that had they properly received surveys, they

would have unanimously given Judge Moore superlative accolades which

under

the

rules

at

the

time would

have resulted

in

a “RETAIN”

recommendation. In an interview with a Boulder newspaper, Mr. Wagner

attributed the event to an “anomaly”. I took the figures for this

“anomaly” to a statistic sampling professor. The odds of leaving out

all 29 District Attorneys out of a possible 150 attorneys surveyed was

7.2 billion to one. Like the Rule 120 litigants; Mr. Wagner arbitrarily

did not send surveys to the District Attorney’s office resulting in

biased, invalid and unlawful surveys being presented to the JPC which

took those results and thereafter unknowingly and unwittingly

22 CRS. 13-5.5-103. Powers and duties of the state commission. (f) To determine the statistical validity [emphasis added] of completed surveys, report to the district commissions on the statistical validity of the surveys for their districts, and specify when and how statistically invalid surveys may be used; (g) To prepare alternatives to surveys where sample populations are inadequate to produce valid results. [emphasis added]

Page 18 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson recommended DO NOT RETAIN in

Eternal vigilance is the cost of liberty. Thomas Jefferson

recommended DO NOT RETAIN in the Blue Book for Judge Moore when the

reality was she should have been recommended for Retention had not Mr.

Wagner, The Supreme Court Administrative Division headed by Respondent

Mr. Gerald Marroney and their Respondent Superior 23 , Chief Justice Nancy

Rice had not arbitrarily and unlawfully left out the attorneys of the

Boulder County DA’s office.

40. The Colorado Supreme Court did studies revealing that 51% of all

civil litigants are pro-se. Over the last 3 years of asking everyone I

speak to that has been in front of a judge as a pro-se litigant if they

received a survey; to date, I have not found one pro-se litigant that

has received a survey. And, because of the way the surveys are handled

and then destroyed it is impossible to determine whether any were sent

to this vast major group of litigants.

41. But I believe there are indications that surveys were intentionally

not

sent

to

this

group. Mr.

Matt Arnold

started

a

web

page

[ClearthebenchColorado.org] where he allowed anyone to make comments

about judges and whether they should be retained. After that web site

was published, DO NOT RETAIN votes jumped by over 20% from previous

elections.

42. The Judicial Performance Commission even has a name for this drop in

Retain votes. They call it the “Matt Arnold” effect and were concerned

with the results it was bringing to the retention of judges.

23 Doctrine of Vicarious Liability.

Page 19 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 43. Based on the above

Eternal vigilance is the cost of liberty. Thomas Jefferson

43. Based on the above facts, and not knowing whether any pro-se litigants

received surveys as they should have, it is feasible this group was

intentionally left out as they were perceived to have a negative effect

on the Recommendations to Retain all Colorado judges.

44. The bottom line is that the recommendations are nothing short of

propaganda 24 and intentional deception of the voters; not to mention an

intentional shameless disrespect to “good” Justices, the public and the

Commissioners who relied on Mr. Wagner’s faithful execution of the

mandates of the Statute.

45. These facts are important and imperative in the instant case because

at the October 3 rd Monthly meeting of the JBC, I questioned Mr. Wagner

directly about the necessity to comply with the FCPA mandates put forth

in the Constitution.

46. His response to myself and the Commissioners was that he was mandated

by the Judicial Performance Statute to “Educate” the public and was

therefore not required to follow Constitutional political candidate

campaign mandates. He went on to try and justify his position by saying

that the ads were just public service announcements and did not support

any Judge/Candidate in accord with JPC Statutory provisions.

47. The

Court should not

accept

these fraudulent actions by

the

Respondents as “Education.” It is intentional deception commonly called

24 Propaganda Definition: Marion Webster, ideas or statements that are often false or exaggerated and that are spread in order to help a cause, a political leader, a government, etc.

Page 20 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson propaganda further embellished by the

Eternal vigilance is the cost of liberty. Thomas Jefferson

propaganda further embellished by the complete lack of respect for

mandates required by Constitutional Amendment XXVIII and FCPA laws.

48. Additionally, as noted before, any statutory requirements contrary

to the mandates of Amendment XXVIII are moot

.

IV. CLAIMS

GROUP A JUDICIARY MEMBERS INCLUDING DENVER COUNTY JUDGES

GROUP B 107 JUDGES WITH RETAIN RECOMMENDATIONS [EXCLUDING DENVER COUNTY

JUDGES]

GROUP C 2 JUDGES WITH DO NOT RETAIN RECOMMENDATIONS [EXCLUDING DENVER

COUNTY JUDGES]

GROUP D GOVERNOR HICKENLOOPER

GROUP E CHIEF JUSTICE NANCY RICE

GROUP F MR. KENT WAGNER

GROUP G MR. GERALD MARRONEY

GROUP H MEMBERS OF THE COLORADO SUPREME COURT

GROUP I MEMBERS OF THE JUDICIAL PERFORMANCE COMMISSION

GROUP J COLORADO BROADCASTERS ASSOCIATION

GROUP K MR. JUSTIN SASSO, SIGNOR OF CONTRACT WITH JUDICIARY

GROUP L 104.3 THE FAN

GROUP M UNKNOWN RADIO STATIONS.

Page 21 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson FIRST CLAIM FOR RELIEF (Violation

Eternal vigilance is the cost of liberty. Thomas Jefferson

FIRST CLAIM FOR RELIEF (Violation of Colorado Constitution Article XXVIII, Section 11) (Pertaining to: Respondent Group A,B,C,D,E,F,F,H,I,J,K,L,M)

49. Complainant references ¶ 1 through 48 above as fully rewritten

herein.

50. Respondents Judiciary

and

specifically Mr. Kent

Wagner,

a

member/employee of the Judiciary argue that their actions of supporting

the Retention and Non-Retention of 109 Judges is mandated by CRS 13-

5.5-et. seq. requiring them to “educate” the public to the Retention

system.

51. The Colorado Constitution Article XXVIII, Section 2; Definitions

provides:

(2) "Candidate" means any person who seeks nomination or election to

any state or local public office that is to be voted on in this state

at any primary election, general election, school district election,

special district election, or municipal election. "Candidate" also

includes a judge or justice of any court of record who seeks to be

retained in office pursuant to the provisions of section 25 of article

VI. A person is a candidate for election if the person has publicly

announced an intention to seek election to public office or retention

of a judicial office and thereafter has received a contribution or made

an expenditure in support of the candidacy. A person remains a candidate

for purposes of this Article so long as the candidate maintains a

registered candidate committee.

Page 22 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson The 109 Respondent Judges running

Eternal vigilance is the cost of liberty. Thomas Jefferson

The 109 Respondent Judges running for Retention are considered political

candidates for purposes of Colorado Constitutional Amendment Article

XXVIII.

52. The Colorado Constitution Article XXVIII, Section 11, Conflicting provisions declared inapplicable provides:

Any provisions in the statutes of this state in conflict or inconsistent with this article are hereby declared to be inapplicable to the matters covered and provided for in this Article.

The Respondents position that they don’t need to comply with Campaign Finance Provisions because they are required to “educate” in accord with a statute are moot under provisions of Section 11.

53. Respondents, 109 Retention Judges, should be declared Political

Candidates and the remaining Judiciary Respondents, CBA, 104.3 The Fan

and unknown Radio Stations should be declared Candidate Committees for

purposes of Colorado Constitution Article XXVIII and the Fair Campaign

Practices Act and as such, be required to adhere to their mandates.

SECOND CLAIM FOR RELIEF (Violation of CRS § 1-45-108.5) (Pertaining to: Respondent Group A,B,C,D,E,F,F,H,I,J,K,L,M)

54. Complainant references ¶ 1 through 53 above as fully rewritten

herein.

55. C.R.S.1-45-108.5 Disclosure requires any political organization shall

report to the appropriate officer in accordance with the requirements

of section 1-45-108 and 1-45-109.

56. To

date,

none

of

the Respondents have reported anything to the

appropriate officer; in this case the Colorado Secretary of State.

Page 23 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 57. Pursuant to Colorado Constitution

Eternal vigilance is the cost of liberty. Thomas Jefferson

57. Pursuant to Colorado Constitution Art. XXIX § 10 and

CRS ¶ 1-45-111.5, Respondents should be fined $50 per day from the date

it contributions or expenditures exceeded $200, through the date they

finally file their registration statement with the Colorado Secretary of

State or the trial date, whichever occurs first for failure to register a

a political candidate committee.

THIRD CLAIM FOR RELIEF (Violation of CRS § 1-45-108(1(a)(I)and Campaign Finance Rule 4.1 & 4.4) (Pertaining to: Respondent Group A,B,C,D,E,F,F,H,I,J,K,L,M)

58. Complainant references ¶ 1 through 57 above as fully rewritten

herein.

59. According to Respondent, Mr. Kent Wagner in a JPC meeting on October

3 rd , 2016; $50,000 was appropriated to promote Retention and Non-

Retention of 109 Colorado Judges. Each Respondent has contributed more

than $200 in funding, services or products to the major purpose of

Retention and Non-Retention of said judges.

60. CRS § 1-45-108(1)(a)(I) requires a political candidate committee to

register with the appropriate officer, in this case the Secretary of

State, before making or receiving any contributions in excess of $200.

61. To date, Respondents have failed to register with the Colorado

Secretary of State.

62. Pursuant to Colorado Constitution Art. XXIX § 10 and CRS ¶ 1-45-

111.5, Respondents should be fined $50 per day from the date it

Page 24 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson contributions or expenditures exceeded $200,

Eternal vigilance is the cost of liberty. Thomas Jefferson

contributions or expenditures exceeded $200, through the date they

finally file their registration with the Colorado Secretary of State or

the trial date, whichever occurs first for failure to report anything.

THIRD CLAIM FOR RELIEF

(Violation of CRS

§ 1-45-108(1) & CPF Rules 4.1 and 4.4

(Pertaining to: Respondent Group A,B,C,D,E,F,F,H,I,J,K,L,M)

63. Complainant references ¶ 1 through 61 above as fully rewritten

herein.

64. Campaign Finance Rule 4.1 provides that “[a]ll contributions received

of $20 or more during a reporting period shall be listed individually

on the contribution and expenditure report. All other contributions

under $20 may be reported in total as non-itemized contributions for

the reporting period.” Respondents have not reported to Colorado

Secretary of State.

65. Campaign Finance Rule 4.4 provides that “[a]ll expenditures made of

$20 or more during a reporting period shall be listed individually on

the contribution and expenditure report. All other expenditures under

$20 during a reporting period may be reported in total as non-itemized

expenditures.” Respondents have not reported to Colorado Secretary of

State.

66. During the summer of 2016, Respondents received funding of $50,000

for the campaign.

Page 25 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 67. On August 9 t

Eternal vigilance is the cost of liberty. Thomas Jefferson

67. On August 9 th , 2016 25 Respondent Judiciary signed contracts [Exhibit

4] with Respondent Colorado Broadcasters

Association and with

Respondent

104.3FM

The

Fan

and

other unknown radio stations

to

participate in the political candidate campaign radio ads to promote

the Retention and Non-Retention of 109 Colorado Judges. Respondents did

not report expenditure.

68. As political candidate committees, Respondents were required to file

political candidate committee reports on the following dates: August 1,

2016; Sept. 6, 2016; Sept. 19, 2016; Oct 3, 2016; and Oct 17,2016. They

did not report on any of these dates.

69. Pursuant to Colorado Constitution Art. XXIX § 10 and CRS ¶ 1-45-

111.5, Respondents should be fined $50 per day from the date the first

report and additionally for each subsequent report(s) which were not

filed.

70. Total amounts due will be calculated once Respondents release

contribution and expenditure figures and the respective dates.

FOURTH CLAIM FOR RELIEF (Violation of Colo. Const. Art. XXIII § 3(5) and Campaign Finance Rule 12.7) (Pertaining to: Respondent Group A,B,C,D,E,F,F,H,I,J,K,L,M)

25 August 9, 2016 is the date that every Judge had to disclose whether or not s/he was committing to Retention voting on November 8, 2016.

Page 26 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson 71. Complainant references ¶ 1

Eternal vigilance is the cost of liberty. Thomas Jefferson

71. Complainant references ¶ 1 through 69 above as fully rewritten

herein.

72. Pursuant to Colo. Const. Art. XXIII § 3(5) and Campaign Finance Rule

12.7, as a political candidate committee, Respondents are limited to

receiving contributions of not more than $525 per person per election

cycle.

73. Respondents have collectively received at least $50,000 in violation

of the contribution limit of $525 per person, per election cycle

74. Pursuant to Colorado Const. Art. XXVIII §10(1) Respondents is/are

individually subject to a civil penalty of at least double and up to 5

times the amount received in excess of the applicable contribution

limit.

WHEREFORE, Complainant Peter Coulter respectfully requests that the

administrative law judge enter an ORDER imposing upon Respondents:

1. Immediate registration of the political candidates and political

candidate committees with the Colorado Secretary of State,

2. Fines in an amount of $50 per day per occurrence per Respondent per

each above claim for relief to be determined at trial,

3. Costs and Attorney’s Fees in bringing this Complaint and

4. Granting such further relief as the Court deems just and proper.

Page 27 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

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Eternal vigilance is the cost of liberty . Thomas Jefferson Respectfully submitted this 19 t

Eternal vigilance is the cost of liberty. Thomas Jefferson

Respectfully submitted this 19 th day of October, 2016.

submitted this 19 t h day of October, 2016. /s/Mr. Peter Coulter Complainant. Dedicated to Transparency
submitted this 19 t h day of October, 2016. /s/Mr. Peter Coulter Complainant. Dedicated to Transparency

/s/Mr. Peter Coulter Complainant.

Dedicated to Transparency and Accountability in the Courts.

CERTIFICATE OF SERVICE

I certify that on 11/03/2016 a true and correct copy of the above Amended Campaign Finance Complaint was served on each of the following:

Name of Person to Whom you are Sending this Document

Party

Address

Manner of

Service*

Judiciary.

Respondent

Matt Grove Matt.Grove@coag.gov Christopher Jackson Christopher.Jackson@coag.gov

E-MAIL

AG Atty

109 Judicial Retention Judges

Respondent

 

E-MAIL

AG Atty.

Ditto

Governor Hickenlooper

Respondent

 

E-MAIL

AG Atty

Ditto

Judge Nancy Rice

Respondent

Ditto

E-MAIL

AG Atty.

Supreme Court Judges

Respondent

Ditto

E-MAIL

AG atty

Gerrald Marroney

Respondent

Ditto

E-MAIL

AG atty

Kent Wagner

Respondent

Ditto

E-MAIL

AG atty

Judicial

Performance

Respondent

Ditto

E-MAIL

Commission Members

AG atty.

Mr. Justin Sasso Colorado Broadcasters Association

Respondents

Atty.

E-MAIL

Ms. Martha

k

 

Tierney, Esq

104.3THE FAN

k

Denver County Judges

Respondent

Mr. David Broadwell

 

Denver

E-MAIL

County

Attorneys Off.

*Insert one of the following: Hand Delivery, First-Class Mail, Certified Mail, E-Served or Faxed.

/s/ Peter Coulter

 
 
 

PARTY

PARTY
PARTY

CONTACT INFORMATION

/s/ Peter Coulter   PARTY CONTACT INFORMATION C o m m e n t e d

Commented [PC1]:

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Eternal vigilance is the cost of liberty . Thomas Jefferson Mr. Peter Coulter 151 Summer

Eternal vigilance is the cost of liberty. Thomas Jefferson

Mr. Peter Coulter 151 Summer St. #654 Morrison, CO. 80465 Phone: 720 549-5349 Email:

Judiciary

Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203 Phone:720 508-6000

Except members of the Colorado Judiciary who are also acting as Denver County Judges as follows:

Judges Andre Rudolph, Theresa Spahn, Johnny Barajas, Beth Faragher, James Breese Gary Jackson, Alfred Harrell, Adam J. Espinosa, Doris Burd, Brian Campbell, Kerry Hada,Robert Crew,Clarisse Gonzales-Mangnall, Nicole Rodarte, John Marcucci, Olympia Z. Fay, Dianne Briscoe, Kerri Lombardi, Andrea Eddy and Chelsea Malone, Represented by:

Denver County Attorneys Office Mr. David Broadwell, Esq., Assistant City Attorney David.Broadwell@denvergov.org 201 W. Colfax, Dept. 1108 Denver, CO 80202

Retention Judges

Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203

Governor John Hickenlooper Attorney:

Office of Colorado Attorney General,

Page 29 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

Ms. Cynthia Coffman, Esq.,

Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203 Phone:720 508-6000

Chief Justice Nancy Rice

Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203

Phone:720 508-6000

Justice Nathan B. Coats, Justice Allison H. Eid, Justice Monica M. Marquez, Justice Brian D. Boatright, Justice William W. Hood, III, and Justice Richard L. Gabriel

Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203 Phone:720 508-6000

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and,

EXHIBIT INDEX LINK

Eternal vigilance is the cost of liberty . Thomas Jefferson Mr. Matt Grove,Esq. Matt.Grove@coag.gov 1300

Eternal vigilance is the cost of liberty. Thomas Jefferson

Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203

Phone:720 508-6000

Mr. Kent Wagner, Esq. Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203 Phone:720 508-6000

Mr. Gerrald Marroney, Esq. Attorney:

Office of Colorado Attorney General, Ms. Cynthia Coffman, Esq., Mr. Christopher Jackson, Esq. Christopher.Jackson@coag.gov and, Mr. Matt Grove,Esq. Matt.Grove@coag.gov

1300 Broadway, 10 th Floor,

Denver, Colorado, 80203

Phone:720 508-6000

Colorado Broadcasters Association, Attorney Ms. Martha Tierney, Esq.

225 E. 16 th Avenue, Suite 350

Denver, Colorado 80203

720 242-7577

Mr. Justin Sasso

Attorney Ms. Martha Tierney, Esq. mtierney@tierneylawrence.com

225 E. 16 th Avenue, Suite 350

Denver, Colorado 80203

720 242-7577

104.3FM The Fan Attorney Ms. Martha Tierney, Esq.

225 E. 16 th Avenue, Suite 350

Denver, Colorado 80203

720 242-7577

Unknown Radio Stations:

To be determined.

Exhibit16Wagner_CoulterCorrespondence

[Exhibit 16]

SOS ADMINISTRATIVE COURT & AG CONTACT INFORMATION:

Colorado Secretary of State

 

Campaign Finance

 

1700

Broadway, Suite 200

 

Denver, CO 80290

   

Phone: 303-894-2200 & press 3

Email:

   

Page 30 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

Colorado Office of

 

Administrative Courts

 

1525 Sherman Street 4 th Floor

Denver, CO 80203

 

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Eternal vigilance is the cost of liberty. Thomas Jefferson Phone 303 866-2000 Email OAC-GS@state.co.us Ms.
Eternal vigilance is the cost of liberty.
Thomas Jefferson
Phone 303 866-2000
Email
OAC-GS@state.co.us
Ms. Cynthia Coffman, Esq.
Colorado Attorney
General

Page 31 of 133 |Coulter/Justice for All v. Colorado Judicial Branch, et.al.

Phone:

 

1300 Broadway 7 th Floor

 

Denver CO. 80203

 

Email:

 

EXHIBIT INDEX LINK

Eternal vigilance is the cost of liberty . Thomas Jefferson EXHIBIT INDEX & LINKS Secretary

Eternal vigilance is the cost of liberty. Thomas Jefferson

EXHIBIT INDEX & LINKS

Secretary of State

cover page [pg.1]

Party Contact Information

 

Exhibit 1. Exhibit Index & Links

Exhibit 2

 

Email correspondence Mr. Coulter/Mr. Warner

 

Exhibit 3

 

Amendment XXVIII 26

 

Exhibit 3b

Fair Campaign Practices Act [FCPA] 27

 

Exhibit 4

 

Judiciary / CBA contract

 

Exhibit 5

 

Protocols of Supreme Court

 

Exhibit 6

 

CBA web page

 

Exhibit 7

 

JPC Statute 28

Exhibit 8

 

Habas/Coulter Emails

 

Exhibit 9

 

Duties of Supreme Court Administrative Division Legislative Judicial Funds. Chief Justice Nancy Rice

 

Exhibit 10

Exhibit 11

Ethics Watch v. ClearthebenchColorado

 

Exhibit 12

JPC Statute v.JPC Rule

 

Exhibit 13

Public Comment of Justice Samour, Jr.

 

Exhibit 14

Radio Ads.

Exhibit 15

Legal Definitions

 

Exhibit 16

Mr. Wagner denies knowledge of which stations are airing the

ads.

Exhibit 17

Audio recording of Oct.3 rd JPC meeting.

 

Exhibit 18

CRCP Rule 15(a)Amended and Supplemental Preadings

 

26 JUDICIAL NOTICE.

27 JUDICIAL NOTICE.

28 JUDICIAL NOTICE.

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FOOTNOTE 29

FOOTNOTE 2 9 EXHIBIT 2 Pg. 1 of 5 2 9 E-mail from the Director of

EXHIBIT 2 Pg. 1 of 5

29 E-mail from the Director of the Colorado Judicial Performance Commission, Mr. Kent Wagner, to Peter Coulter in late 2014 where he describes where he and the Administrative Division of the Supreme Court arbitrarily and in violation of the Statute set “parameters” excluding sections of litigants, biasing the data. This is the propaganda that Mr. Wagner calls “education” which he believes excludes him from Colorado Constitutional Amendment XXVIII. He also has indicated that since he has named them parameters instead of rules; that he is not required to get Commission and Supreme Court Approval for their use. Mr. Wagner highlighted excluding Rule 120 litigants in this email

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Mr. Kent Wagner, Director Colorado Judicial Performance Commission. Page 37 of 133 | Coulter/Justice for

Mr. Kent Wagner, Director Colorado Judicial Performance Commission.

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Colorado Constitution Article XXVIII

Section 1. Purpose and findings

EXHIBIT 3a Pg. 1 of 12

The people of the state of Colorado hereby find and declare that large campaign contributions to political candidates create the potential for corruption and the appearance of corruption; that large campaign contributions made to influence election outcomes allow wealthy individuals, corporations, and special interest groups to exercise a disproportionate level of influence over the political process; that the rising costs of campaigning for political office prevent qualified citizens from running for political office; that because of the use of early voting in Colorado timely notice of independent expenditures is essential for informing the electorate; that in recent years the advent of significant spending on electioneering communications, as defined herein, has frustrated the purpose of existing campaign finance requirements; that independent research has demonstrated that the vast majority of televised electioneering communications goes beyond issue discussion to express electoral advocacy; that political contributions from corporate treasuries are not an indication of popular support for the corporation's political ideas and can unfairly influence the outcome of Colorado elections; and that the interests of the public are best served by limiting campaign contributions, encouraging voluntary campaign spending limits, providing for full and timely disclosure of campaign contributions, independent expenditures, and funding of electioneering communications, and strong enforcement of campaign finance requirements.

Section 2. Definitions.

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For the purpose of this Article and any statutory provisions pertaining to campaign finance, including provisions pertaining to disclosure:

(1) Appropriate officer" means the individual with whom a candidate, candidate committee, political committee, small donor committee, or issue committee must file pursuant to section 1-45-109 (1), C.R.S., or any successor section.

(2) "Candidate" means any person who seeks nomination or election to any state or local public office that is to be voted on in this state at any primary election, general election, school district election, special district election, or

municipal election

. "Candidate" also includes a judge or justice of any court of record who seeks to be retained in

office pursuant to the provisions of section 25 of article VI.

A person is a candidate for election if the person has

publicly announced an intention to seek election to public office or retention of a judicial office and thereafter has received a contribution or made an expenditure in support of the candidacy. A person remains a candidate for purposes of this Article so long as the candidate maintains a registered candidate committee. A person who maintains a candidate committee after an election cycle, but who has not publicly announced an intention to seek election to public office in the next or any subsequent election cycle, is a candidate for purposes of this article.

(3) "Candidate committee" means a person, including the candidate, or persons with the common purpose of receiving contributions or making expenditures under the authority of a candidate. A contribution to a candidate shall be deemed a contribution to the candidate's candidate committee. A candidate shall have only one candidate committee. A candidate committee shall be considered open and active until affirmatively closed by the candidate or by action of the secretary of state.

(4) "Conduit" means a person who transmits contributions from more than one person, directly to a candidate committee. "Conduit" does not include the contributor's immediate family members, the candidate or campaign

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treasurer of the candidate committee receiving the contribution, a volunteer fund raiser hosting an event for a candidate committee, or a professional fund raiser if the fund raiser is compensated at the usual and customary rate.

(5) (a) "Contribution" means:

(I) The payment, loan, pledge, gift, or advance of money, or guarantee of a loan, made to any candidate committee,

issue committee, political committee, small donor committee, or political party;

(II) Any payment made to a third party for the benefit of any candidate committee, issue committee, political

committee, small donor committee, or political party;

(III) The fair market value of any gift or loan of property made to any candidate committee, issue committee, political

committee, small donor committee or political party;

(IV) Anything of value given, directly or indirectly, to a candidate for the purpose of promoting the candidate's

nomination, retention, recall, or election.

(b) "Contribution" does not include services provided without compensation by individuals volunteering their time on

behalf of a candidate, candidate committee, political committee, small donor committee, issue committee, or political party; a transfer by a membership organization of a portion of a member's dues to a small donor committee or political committee sponsored by such membership organization; or payments by a corporation or labor organization for the costs of establishing, administering, and soliciting funds from its own employees or members for a political committee or small donor committee.

(6) "Election cycle" means either:

(a) The period of time beginning thirty-one days following a general election for the particular office and ending thirty

days following the next general election for that office;

(b) The period of time beginning thirty-one days following a general election for the particular office and ending thirty

days following the special legislative election for that office; or

(c) The period of time beginning thirty-one days following the special legislative election for the particular office and

ending thirty days following the next general election for that office.

(7) (a) "Electioneering communication" means any communication broadcasted by television or radio, printed in a

newspaper or on a billboard, directly mailed or delivered by hand to personal residences or otherwise distributed that:

(I)

Unambiguously refers to any candidate; and

(II)

Is broadcasted, printed, mailed, delivered, or distributed within thirty days before a primary election or sixty days

before a general election; and

(III) Is broadcasted to, printed in a newspaper distributed to, mailed to, delivered by hand to, or otherwise distributed

to an audience that includes members of the electorate for such public office.

(b) "Electioneering communication" does not include:

(I) Any news Articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a

newspaper, magazine or other periodical not owned or controlled by a candidate or political party;

(II) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or

political party;

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(III) Any communication by persons made in the regular course and scope of their business or any communication

made by a membership organization solely to members of such organization and their families;

(IV)

Any communication that refers to any candidate only as part of the popular name of a bill or statute.

(8)

(a) "Expenditure" means any purchase, payment, distribution, loan, advance, deposit, or gift of money by any

person for the purpose of expressly advocating the election or defeat of a candidate or supporting or opposing a ballot issue or ballot question. An expenditure is made when the actual spending occurs or when there is a contractual

agreement requiring such spending and the amount is determined.

(b) "Expenditure" does not include:

(I) Any news Articles, editorial endorsements, opinion or commentary writings, or letters to the editor printed in a

newspaper, magazine or other periodical not owned or controlled by a candidate or political party;

(II) Any editorial endorsements or opinions aired by a broadcast facility not owned or controlled by a candidate or

political party;

(III) Spending by persons, other than political parties, political committees and small donor committees, in the regular

course and scope of their business or payments by a membership organization for any communication solely to

members and their families;

(IV) Any transfer by a membership organization of a portion of a member's dues to a small donor committee or

political committee sponsored by such membership organization; or payments made by a corporation or labor organization for the costs of establishing, administering, or soliciting funds from its own employees or members for a

political committee or small donor committee.

(9) “Independent expenditure" means an expenditure that is not controlled by or coordinated with any candidate or agent of such candidate. Expenditures that are controlled by or coordinated with a candidate or candidate's agent are deemed to be both contributions by the maker of the expenditures, and expenditures by the candidate committee.

(10) (a) "Issue committee" means any person, other than a natural person, or any group of two or more persons, including natural persons:

(I)

That has a major purpose of supporting or opposing any ballot issue or ballot question; or

(II)

That has accepted or made contributions or expenditures in excess of two hundred dollars to support or oppose

any ballot issue or ballot question.

(b) "Issue committee" does not include political parties, political committees, small donor committees, or candidate

committees as otherwise defined in this section.

(c) An issue committee shall be considered open and active until affirmatively closed by such committee or by action

of the appropriate authority.

(11) "Person" means any natural person, partnership, committee, association, corporation, labor organization, political party, or other organization or group of persons.

(12) (a) "Political committee" means any person, other than a natural person, or any group of two or more persons, including natural persons that have accepted or made contributions or expenditures in excess of $200 to support or oppose the nomination or election of one or more candidates.

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(b) "Political committee" does not include political parties, issue committees, or candidate committees as otherwise

defined in this section.

(c)

For the purposes of this Article, the following are treated as a single political committee:

(I)

All political committees established, financed, maintained, or controlled by a single corporation or its subsidiaries;

(II)

All political committees established, financed, maintained, or controlled by a single labor organization; except that,

any political committee established, financed, maintained, or controlled by a local unit of the labor organization which has the authority to make a decision independently of the state and national units as to which candidates to support or oppose shall be deemed separate from the political committee of the state and national unit;

(III)

All political committees established, financed, maintained, or controlled by the same political party;

(IV)

All political committees established, financed, maintained, or controlled by substantially the same group of

persons.

(13) "Political party" means any group of registered electors who, by petition or assembly, nominate candidates for the

official general election ballot. "Political party" includes affiliated party organizations at the state, county, and election

district levels, and all such affiliates are considered to be a single entity for the purposes of this Article, except as otherwise provided in section 7.

(14) (a) "Small donor committee" means any political committee that has accepted contributions only from natural

persons who each contributed no more than fifty dollars in the aggregate per year. For purposes of this section, dues transferred by a membership organization to a small donor committee sponsored by such organization shall be

treated as pro-rata contributions from individual members.

(b) "Small donor committee" does not include political parties, political committees, issue committees, or candidate

committees as otherwise defined in this section.

(c) For the purposes of this Article, the following are treated as a single small donor committee:

(I) All small donor committees established, financed, maintained, or controlled by a single corporation or its

subsidiaries;

(II) All small donor committees established, financed, maintained, or controlled by a single labor organization; except

that, any small donor committee established, financed, maintained, or controlled by a local unit of the labor organization which has the authority to make a decision independently of the state and national units as to which

candidates to support or oppose shall be deemed separate from the small donor committee of the state and national unit;

(III)

All small donor committees established, financed, maintained, or controlled by the same political party;

(IV)

All small donor committees established, financed, maintained, or controlled by substantially the same group of

persons.

(15) "Unexpended campaign contributions" means the balance of funds on hand in any candidate committee at the

end of an election cycle, less the amount of all unpaid monetary obligations incurred prior to the election in furtherance of such candidacy.

Section 3. Contribution limits.

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(1) Except as described in subsections (2), (3), and (4) of this section, no person, including a political committee, shall

make to a candidate committee, and no candidate committee shall accept from any one person, aggregate contributions for a primary or a general election in excess of the following amounts:

(a) Five hundred dollars to any one:

(I) Governor candidate committee for the primary election, and governor and lieutenant governor candidate

committee, as joint candidates under 1-1-104, C.R.S., or any successor section, for the general election;

(II)

Secretary of state, state treasurer, or attorney general candidate committee; and

(b)

Two hundred dollars to any one state senate, state house of representatives, state board of education, regent of

the university of Colorado, or district attorney candidate committee.

(2) No small donor committee shall make to a candidate committee, and no candidate committee shall accept from

any one small donor committee, aggregate contributions for a primary or a general election in excess of the following amounts:

(a) Five thousand dollars to any one:

(I) Governor candidate committee for the primary election, and governor and lieutenant governor candidate

committee, as joint candidates under 1-1-104, C.R.S., or any successor section, for the general election;

(II)

Secretary of state, state treasurer, or attorney general candidate committee; and

(b)

Two thousand dollars to any one state senate, state house of representatives, state board of education, regent of

the university of Colorado, or district attorney candidate committee.

(3) (a) No political party shall accept aggregate contributions from any person, other than a small donor committee as

described in paragraph (b) of this subsection (3), that exceed three thousand dollars per year at the state, county, district, and local level combined, and of such amount no more than twenty-five hundred dollars per year at the state

level;

(b) No political party shall accept aggregate contributions from any small donor committee that exceed fifteen

thousand dollars per year at the state, county, district, and local level combined, and of such amount no more than

twelve thousand, five hundred dollars at the state level;

(c) No political party shall accept contributions that are intended, or in any way designated, to be passed through the

party to a specific candidate's candidate committee;

(d) In the applicable election cycle, no political party shall contribute to any candidate committee more than twenty

percent of the applicable spending limit set forth in section 4 of this Article.

(e) Any unexpended campaign contributions retained by a candidate committee for use in a subsequent election cycle

shall be counted and reported as contributions from a political party in any subsequent election for purposes of paragraph (d) of this subsection (3);

(4) (a) It shall be unlawful for a corporation or labor organization to make contributions to a candidate committee or a

political party, and to make expenditures expressly advocating the election or defeat of a candidate; except that a

corporation or labor organization may establish a political committee or small donor committee which may accept contributions or dues from employees, officeholders, shareholders, or members.

(b) The prohibition contained in paragraph (a) of this subsection (4) shall not apply to a corporation that:

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(I)

Is formed for the purpose of promoting political ideas and cannot engage in business activities; and

(II)

Has no shareholders or other persons with a claim on its assets or income; and

(III) Was not established by and does not accept contributions from business corporations or labor organizations.

(5) No political committee shall accept aggregate contributions or pro-rata dues from any person in excess of five

hundred dollars per house of representatives’ election cycle.

(6) No candidate's candidate committee shall accept contributions from, or make contributions to, another candidate

committee, including any candidate committee, or equivalent entity, established under federal law.

(7)

No person shall act as a conduit for a contribution to a candidate committee.

(8)

Notwithstanding any other section of this Article to the contrary, a candidate's candidate committee may receive a

loan from a financial institution organized under state or federal law if the loan bears the usual and customary interest

rate, is made on a basis that assures repayment, is evidenced by a written instrument, and is subject to a due date or amortization schedule. The contribution limits described in this section shall not apply to a loan as described in this subsection (8).

(9) All contributions received by a candidate committee, issue committee, political committee, small donor committee,

or political party shall be deposited in a financial institution in a separate account whose title shall include the name of

the committee or political party. All records pertaining to such accounts shall be maintained by the committee or political party for one-hundred eighty days following any general election in which the committee or party received contributions unless a complaint is filed, in which case they shall be maintained until final disposition of the complaint and any consequent litigation. Such records shall be subject to inspection at any hearing held pursuant to this Article.

(10) No candidate committee, political committee, small donor committee, issue committee, or political party shall accept a contribution, or make an expenditure, in currency or coin exceeding one hundred dollars.

(11) No person shall make a contribution to a candidate committee, issue committee, political committee, small donor committee, or political party with the expectation that some or all of the amounts of such contribution will be reimbursed by another person. No person shall be reimbursed for a contribution made to any candidate committee, issue committee, political committee, small donor committee, or political party, nor shall any person make such reimbursement except as provided in subsection (8) of this section.

(12) No candidate committee, political committee, small donor committee, or political party shall knowingly accept contributions from:

(a)

Any natural person who is not a citizen of the United States;

(b)

A foreign government; or

(c)

Any foreign corporation that does not have the authority to transact business in this state pursuant to Article 115 of

title 7, C.R.S., or any successor section.

(13) Each limit on contributions described in subsections (1), (2), (3) (a), (3) (b) and (5) of this section, and subsection (14) of section 2, shall be adjusted by an amount based upon the percentage change over a four-year period in the United States bureau of labor statistics consumer price index for Denver- Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest twenty-five dollars. The first adjustment shall be done in the first quarter of 2007 and then every four years thereafter. The secretary of state shall calculate such an adjustment in each limit and specify the limits in rules promulgated in accordance with article 4 of title 24, C.R.S., or any successor section.

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Section 4. Voluntary campaign spending limits.

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(1) Candidates may certify to the secretary of state that the candidate's candidate committee shall not exceed the

following spending limits for the applicable election cycle:

(a) Two and one-half million dollars combined for a candidate for governor and governor and lieutenant governor as

joint candidates under 1-1-104, C.R.S., or any successor section;

(b)

Five hundred thousand dollars for a candidate for secretary of state, attorney general, or treasurer;

(c)

Ninety thousand dollars for a candidate for the state senate;

(d)

Sixty-five thousand dollars for a candidate for the state house of representatives, state board of education, regent

of the university of Colorado, or district attorney.

(2) Candidates accepting the campaign spending limits set forth above shall also agree that their personal

contributions to their own campaign shall be counted as political party contributions and subject to the aggregate limit

on such contributions set forth in section 3 of this article.

(3) Each candidate who chooses to accept the applicable voluntary spending limit shall file a statement to that effect

with the secretary of state at the time that the candidate files a candidate affidavit as currently set forth in section 1- 45-110(1), C.R.S., or any successor section. Acceptance of the applicable voluntary spending limit shall be irrevocable except as set forth in subsection (4) of this section and shall subject the candidate to the penalties set forth in section 10 of this Article for exceeding the limit.

(4) If a candidate accepts the applicable spending limit and another candidate for the same office refuses to accept

the spending limit, the accepting candidate shall have ten days in which to withdraw acceptance. The accepting candidate shall have this option of withdrawing acceptance after each additional non-accepting candidate for the same office enters the race.

(5) The applicable contribution limits set forth in section 3 of this Article shall double for any candidate who has

accepted the applicable voluntary spending limit if:

(a)

Another candidate in the race for the same office has not accepted the voluntary spending limit; and

(b)

The non-accepting candidate has raised more than ten percent of the applicable voluntary spending limit.

(6)

Only those candidates who have agreed to abide by the applicable voluntary spending limit may advertise their

compliance. All other candidates are prohibited from advertising, or in any way implying, their acceptance of voluntary spending limits.

(7) Each spending limit described in subsection (1) of this section shall be adjusted by an amount based upon the

percentage change over a four-year period in the united states bureau of labor statistics consumer price index for Denver-Boulder-Greeley, all items, all consumers, or its successor index, rounded to the nearest lowest twenty-five dollars. The first adjustment shall be done in the first quarter of 2007 and then every four years thereafter. The secretary of state shall calculate such an adjustment in each limit and specify the limits in rules promulgated in accordance with Article 4 of title 24, C.R.S., or any successor section.

Section 5. Independent expenditures.

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(1) Any person making an independent expenditure in excess of one thousand dollars per calendar year shall deliver notice in writing to the secretary of state of such independent expenditure, as well as the amount of such expenditure, and a detailed description of the use of such independent expenditure. The notice shall specifically state the name of the candidate whom the independent expenditure is intended to support or oppose. Each independent expenditure in excess of one-thousand dollars shall require the delivery of a new notice. Any person making an independent expenditure within thirty days of a primary or general election shall deliver such notice within forty-eight hours after obligating funds for such expenditure.

(2) Any person making an independent expenditure in excess of one thousand dollars shall disclose, in the communication produced by the expenditure, the name of the person making the expenditure and the specific statement that the advertisement of material is not authorized by any candidate. Such disclosure shall be prominently featured in the communication.

(3) Expenditures by any person on behalf of a candidate for public office that are coordinated with or controlled by the candidate or the candidate's agent, or political party shall be considered a contribution to the candidate's candidate committee, or the political party, respectively. 7

(4) This section 5 applies only to independent expenditures made for the purpose of expressly advocating the defeat or election of any candidate.

Section 6. Electioneering communications.

(1) Any person who expends one thousand dollars or more per calendar year on electioneering communications shall submit reports to the secretary of state in accordance with the schedule currently set forth in 1-45-108 (2), C.R.S., or any successor section. Such reports shall include spending on such electioneering communications, and the name, and address, of any person that contributes more than two hundred and fifty dollars per year to such person described in this section for an electioneering communication. In the case where the person is a natural person, such reports shall also include the occupation and employer of such natural person. The last such report shall be filed thirty days after the applicable election.

(2) Notwithstanding any section to the contrary, it shall be unlawful for a corporation or labor organization to provide funding for an electioneering communication; except that any political committee or small donor committee established by such corporation or labor organization may provide funding for an electioneering communication.

Section 7. Disclosure.

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The disclosure requirements relevant to candidate committees, political committees, issue committees, and political parties, that are currently set forth in section 1-45-108, C.R.S., or any successor section, shall be extended to include small donor committees. The disclosure requirements of section 1-45-108, C.R.S., or any successor section, shall be extended to require disclosure of the occupation and employer of each person who has made a contribution of one hundred dollars or more to a candidate committee, political committee, issue committee, or political party. For purposes of this section and 1-45-108, C.R.S., or any successor section, a political party shall be treated as separate entities at the state, county, district, and local levels.

Section 8. Filing - where to file - timeliness.

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The secretary of state shall promulgate rules relating to filing in accordance with article 4 of title 24, C.R.S., or any successor section. The rules promulgated pursuant to this section shall extend section 1- 45-109, C.R.S., or any successor section to apply to small donor committees.

Section 9. Duties of the secretary of state - enforcement.

(1) The secretary of state shall:

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(a) Prepare forms and instructions to assist candidates and the public in complying with the reporting requirements of

this article and make such forms and instructions available to the public, municipal clerks, and county clerk and

recorders free of charge;

(b) Promulgate such rules, in accordance with Article 4 of title 24, C.R.S., or any successor section, as may be

necessary to administer and enforce any provision of this Article;

(c) Prepare forms for candidates to declare their voluntary acceptance of the campaign spending limits set forth in

section 4 of this Article. Such forms shall include an acknowledgment that the candidate voluntarily accepts the applicable spending limit and that the candidate swears to abide by those spending limits. These forms shall be signed by the candidate under oath, notarized, filed with the secretary of state, and available to the public upon request;

(d)

Maintain a filing and indexing system consistent with the purposes of this Article;

(e)

Make the reports and statements filed with the secretary of state's office available immediately for public

inspection and copying. The secretary of state may charge a reasonable fee for providing copies of reports. No information copied from such reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;

(f) Refer any complaints filed against any candidate for the office of secretary of state to the attorney general. Any

administrative law judge employed pursuant to this section shall be appointed pursuant to part 10 of Article 30 of title

24, C.R.S., or any successor section. Any hearing conducted by an administrative law judge employed pursuant to subsection (2) of this section shall be conducted in accordance with the provisions of section 24-4-105, C.R.S., or any successor section.

(2)

(a) Any person who believes that a violation of section 3, section 4, section 5, section 6, section 7, or section 9 (1)

(e),

of this Article, or of sections 1-45-108, 1-45-114, 1-45-115, or 1-45-117 C.R.S., or any successor sections, has

occurred may file a written complaint with the secretary of state no later than one hundred eighty days after the date of the alleged violation. The secretary of state shall refer the complaint to an administrative law judge within three days of the filing of the complaint. The administrative law judge shall hold a hearing within fifteen days of the referral of the complaint, and shall render a decision within fifteen days of the hearing. The defendant shall be granted an extension of up to thirty days upon defendant's motion, or longer upon a showing of good cause. If the administrative law judge determines that such violation has occurred, such decision shall include any appropriate order, sanction, or relief authorized by this Article. The decision of the administrative law judge shall be final and subject to review by the court of appeals, pursuant to section 24-4-106 (11), C.R.S., or any successor section. The secretary of state and the administrative law judge are not necessary parties to the review. The decision may be enforced by the secretary of state, or, if the secretary of state does not file an enforcement action within thirty days of the decision, in a private cause of action by the person filing the complaint. Any private action brought under this section shall be brought within one year of the date of the violation in state district court. The prevailing party in a private enforcement action shall be entitled to reasonable attorney’s fees and costs.

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(b) The attorney general shall investigate complaints made against any candidate for the office of secretary of state

using the same procedures set forth in paragraph (a) of this subsection (2). Complainant shall have the same private right of action as under paragraph (a) of this subsection (2).

(c) A subpoena issued by an administrative law judge requiring the production of documents by an issue committee

shall be limited to documents pertaining to contributions to, or expenditures from, the committee's separate account established pursuant to section 3(9) of this Article to support or oppose a ballot issue or ballot question. A subpoena shall not be limited in this manner where such issue committee fails to form a separate account through which a ballot issue or ballot question is supported or opposed.

Section 10. Sanctions.

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(1) Any person who violates any provision of this Article relating to contribution or voluntary spending limits shall be

subject to a civil penalty of at least double and up to five times the amount contributed, received, or spent in violation

of the applicable provision of this Article. Candidates shall be personally liable for penalties imposed upon the candidate's committee.

(2) (a) The appropriate officer shall impose a penalty of fifty dollars per day for each day that a statement or other

information required to be filed pursuant to section 5, section 6, or section 7 of this Article, or sections 1-45-108, 1-45- 109 or 1-45-110, C.R.S., or any successor sections, is not filed by the close of business on the day due. Upon imposition of a penalty pursuant to this subsection (2), the appropriate officer shall send the person upon whom the penalty is being imposed proper notification by certified mail of the imposition of the penalty. If an electronic mail address is on file with the secretary of state, the secretary of state shall also provide such notification by electronic mail. Revenues collected from fees and penalties assessed by the secretary of state or revenues collected in the form of payment of the secretary of state's attorney fees and costs pursuant to this Article shall be deposited in the department of state cash fund created in section 24-21-104 (3), C.R.S., or any successor section.

(b) (I) Any person required to file a report with the secretary of state and upon whom a penalty has been imposed

pursuant to this subsection (2) may appeal such penalty by filing a written appeal with the secretary of state no later than thirty days after the date on which notification of the imposition of the penalty was mailed to such person's last known address in accordance with paragraph (a) of this subsection (2). Except as provided in paragraph (c) of this subsection (2), the secretary shall refer the appeal to an administrative law judge. Any hearing conducted by an administrative law judge pursuant to this subsection (2) shall be conducted in accordance with the provisions of section 24-4-105, C.R.S., or any successor section. The administrative law judge shall set aside or reduce the penalty upon a showing of good cause, and the person filing the appeal shall bear the burden of proof. The decision of the administrative law judge shall be final and subject to review by the court of appeals pursuant to section 24-4-106 (11), C.R.S., or any successor section.

(II) If the administrative law judge finds that the filing of an appeal brought pursuant to subparagraph (I) of this

paragraph (b) was frivolous, groundless, or vexatious, the administrative law judge shall order the person filing the appeal to pay reasonable attorney fees and costs of the secretary of state in connection with such proceeding.

(c) Upon receipt by the secretary of state of an appeal pursuant to paragraph (b) of this subsection (2), the secretary

shall set aside or reduce the penalty upon a showing of good cause.

(d) Any unpaid debt owing to the state resulting from a penalty imposed pursuant to this subsection (2) shall be

collected by the state in accordance with the requirements of section 24-30-202.4, C.R.S., or any successor section.

(3) Failure to comply with the provisions of this article shall have no effect on the validity of any election.

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Section 12. Repeal of conflicting statutory provisions. Top Sections 1-45-103, 1-45-105.3, 1- 45 -107, 1-

Section 12. Repeal of conflicting statutory provisions.

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Sections 1-45-103, 1-45-105.3, 1-45-107, 1-45-111, and 1-45-113 are repealed.

Section 13. Applicability and effective date.

The provisions of this article shall take effect on December 6, 2002 and be applicable for all elections thereafter. Legislation may be enacted to facilitate its operations, but in no way limiting or restricting the provisions of this Article or the powers herein granted.

Section 14. Severability.

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If any provision of this Article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.

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EXHIBIT 4 Pg. 1 of 8

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t

Protocols of the Colorado Supreme Court

by Gregory J Hobbs, Jr. Justice, Colorado Supreme Court

Revised January 26, 2012

EXHIBIT 5 Pg. 1 of 1

Note: A 1982 article by Justice William H. Erickson summarizes the Supreme Court's internal operating procedures as they then existed [see 11 The Colorado Lawyer 356 (Feb. 1982)]. A 1996 article describes the workings of the Court from a new Justice’s perspective [see 25 The Colorado Lawyer 31 (Dec.1996)]. This article summarizes protocols of the current Court.

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Membership of the Court

The current members of the Colorado Supreme Court are Chief Justice Nancy E. Rice; Justice Gregory J. Hobbs, Jr.; Justice Nathan "Ben" Coats; Justice Allison H. Eid; Justice Monica M. Márquez, Justice Brian D. Boatright, and Justice William W. Hood, III.

The Role of the Chief Justice and Staff to the Justices

The Chief Justice is the executive head of the Colorado Judicial Branch and is the

The Chief Justice is the executive head of the Colorado Judicial Branch and is the leader in its

administration

The Chief Justice is the executive head of the Colorado Judicial Branch and is the leader

. In this capacity, the Chief Justice oversees a staff of approximately 3500 judges, court

and probation employees across the state of Colorado with an annual budget of $380 Million.

The

State Court Administrator, who is appointed by the Court, reports directly to the Chief Justice and

oversees an administrative staff.

 

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EXHIBIT 6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is

EXHIBIT 6 CBA website with Judicial Branch association. Pg. 1 of 1

6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is managed by
6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is managed by
6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is managed by
6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is managed by
6 CBA website with Judicial Branch association. Pg. 1 of 1 The CBA is managed by

The CBA is managed by a thirteen-member Board of Directors and a President/CEO. The board consists of twelve active broadcasters and an associate member representative. Board Members are elected for three year terms by the broadcast members. A Chair, Vice-Chair and Secretary Treasurer make up the officers of the board and are elected from the sitting board. The mission of the CBA is to continuously build a stronger broadcast industry.

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ARTICLE 5.5 COMMISSIONS ON JUDICIAL PERFORMANCE

EXHIBIT 7 Pg. 1 of 14

Section

13-5.5-101. Legislative declaration. 13-5.5-101.5. Office of judicial performance evaluation. 13-5.5-102. State commission on judicial performance - repeal. 13-5.5-103. Powers and duties of the state commission. 13-5.5-104. District commission on judicial performance - repeal. 13-5.5-105. Powers and duties of district commissions. 13-5.5-105.5. Judicial performance criteria. 13-5.5-106. Evaluation in retention election years. 13-5.5-106.3. Interim evaluations. 13-5.5-106.4. Recusal. 13-5.5-106.5. Confidentiality. 13-5.5-107. Acceptance of private or federal grants - general appropriations. 13-5.5-108. Implementation of article. (Repealed) 13-5.5-109. Repeal of article.

13-5.5-101. Legislative declaration.

(1)

The general assembly hereby finds and declares that it is in the public

 

interest to establish a system of evaluating judicial performance to provide

persons voting on the retention of justices

 

and judges WITH FAIR, RESPONSIBLE, AND CONSTRUCTIVE INFORMATION about judicial

performance and to provide justices and judges with useful information concerning their own performances. The general assembly further finds and declares that the evaluation of judicial performance should be conducted statewide and within each judicial district using uniform criteria and procedures pursuant to the provisions of this article. (2) The general assembly further finds and declares that it is in the public interest to establish an office of judicial performance evaluation within the judicial department of the state to implement the provisions of this article.

Source: L. 88: Entire article added, p. 596, § 1, effective May 12. L. 97:

Entire section amended, p. 1647, § 1, effective June 5. L. 2008: Entire section amended, p. 1271, § 1, effective July 1.

13-5.5-101.5. Office of judicial performance evaluation.

(1) There is hereby established in the judicial department the office of judicial performance evaluation, referred to in this article as the "office". The state commission on judicial performance established pursuant to section 13-5.5-102 shall oversee the office. (2) The state commission shall appoint an executive director of the office who shall serve at the pleasure of the state commission. The compensation of the executive director shall be the same as the general assembly establishes for a

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judge of the district court. The compensation paid to the executive director shall not be reduced during the time that a person serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission.

(3) Subject to the supervision of the state commission, the office shall:

(a) Staff the state and district commissions when directed to do so by the

state commission;

(b)

Train members of the state and district commissions;

(c)

Collect and disseminate data on judicial performance evaluations;

(d)

Conduct public education efforts concerning the judicial performance