COMPLAINT 

DISTRICT COURT JUDGE TERRANCE A. GILMORE HAS

FAILED TO REGISTER A CAMPAIGN COMMITTEE,
DISCLOSE CONTRIBUTIONS AND EXPENDITURES, OR
OTHERWISE COMPLY WITH THE LEGAL OBLIGATIONS OF
A CANDIDATE
Filed with the Colorado Secretary of State, October 28, 2010

1. Terrance A Gilmore is a sitting District Court Judge for the 8th Judicial District, Fort
Collins, Colorado;
2. Judge Gilmore was first appointed to the District Court by Governor Bill Owens on
January 8, 2001;
3. Prior to August 2, 2010, Judge Gilmore declared his intention to seek retention to a new
six year term, as required by the Colo, Const. art. VI, § 25;
4. Judge Gilmore, by declaring his intention to seek retention, became a “candidate” for
office as defined by Colo. Const. art. XXVIII, § 2 and 1-45-103 (4), C.R.S., 1973 to wit:
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 [emphasis added];
5. In the recent matter of the complaint filed by Colorado Ethics Watch regarding alleged
campaign and political finance violations by Clear the Bench Colorado, OS 2010-0009,
Administrative Law Judge, Robert N. Spencer made a factual determination that indeed a
judicial officer seeking retention is a “candidate” as defined Colo. Const. art. XXVIII §
§2(2). ALJ Spencer reasoned that a “[c]andidate also includes a judge or justice of any
court of record who seeks to be retained in officer pursuant to the provisions of [Colo.
Const.] section 25 of article VI”;
6. On October 15, 2010, a group registered with the Colorado Secretary of State as Retain
Larimer Judges (RLJ), Ed Haynes as registered agent, initiated a complaint with the
 Secretary of State against The Committee for Judicial Justice (CJJ) alleging inter alia,
violations of campaign finance violations, and citing the opinion of ALJ Spencer as a
basis for part, if not all, of the allegations;
7. Specific to RTJ’s complaint is that CJJ, as a legally registered “527” organization, is
expressly advocating a no vote against Judge Gilmore. That such express advocacy is
prohibited against a candidate as determined by ALJ Spencer;
8. RLJ is a group of citizens formed for the express purpose of advocating for the retention
of Judge Gilmore and has raised thousands of dollars to advance their effort, including
donations from family members of Judge Gilmore as well as current prosecutors for the
Larimer County District Attorney’s office and lawyers who practice in front of Judge
Gilmore;
9. There is little dispute that Judge Gilmore and his ancillary support group consider Judge
Gilmore to be a “candidate” for office;
10. Candidates for office are required to form a “Candidate Committee”, see Colo. Const. art.
XXXVIII, and 1-45-108, CRS, ;
11. Candidates for office are also required to report on a regular basis the amounts and names
of contributors to their campaign, as well as the employers of contributors who make a
monetary donation in excess of $100.00, 1-45-108 (1)(a)(II);
12. Notwithstanding that Judge Gilmore has announced his intent to seek retention, is listed
as a “candidate” for office with the Colorado Secretary of State and supports the position
of RLJ in its assertion that CJJ is violating campaign finance laws by advocating against
him, he has failed to register a campaign committee. Additionally Judge Gilmore has
failed to disclose contributions, including any made on behalf of himself, as well as
expenditures that have been made to and for support of his candidacy;
13. Unless, and only unless, Judge Gilmore declares that he is not a “candidate” he has
violated the provisions regulating campaigns found within the Colo. Const. art. XXXVIII
as well as the prohibitions found at 1-45-101 et seq C.R.S.;
14. The complainant, The Committee for Judicial Justice, demands that this matter be
forwarded to the Office of Administrative Courts for the purpose of a hearing to
adjudicate the facts alleged and that Judge Terrance A. Gilmore be required to answer in
his capacity as respondent.
Dated this 28TH day of October, 2010.

BY:

Alexander M. Lemberg, registered agent

The Committee for Judicial Justice

6851 Poudre Canyon Route
Bellvue, CO 80512

Certificate of Service
I certify that on October 29, 2010 a true and correct copy of this complaint was placed in the
U.S. Mail, postage prepaid, at Fort Collins, Colorado to:
Jolene C. Blair, Judge
201 LaPorte Avenue, Courtroom 5C
Fort Collins, CO 80521