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4Th Quarter 2013 Newsletter COLORADO JUDICIAL INSTITUTE Volume 9, Issue 4 4th Quarter, 2013 In this Issue: O’Connor Gives Merit System New National Program to Educate CJIthe PublicScholarships on Judicial for ADR Issues Ringing Endorsement Conference—Page 3 —Page 2 By Bob Ewegen, CJI Board Member and Journalist-in-Residence Our Courts Hits Six Years —Page 4 Retired U.S. Supreme Court Justice Sandra Day O’Connor gave a CJI Celebrates 30th Anniversary ringing endorsement to the merit system of judicial appointments as practiced in —PageCJI Honors 4 Five Jurists at Judicial Colorado and Arizona during Constitution Day observances at the University of Excellence for Colorado Dinner —Page 5 Colorado at Boulder on September 17. Buy Your Tickets Now! Almost a thousand students and visitors, including many members of DUCJI OffersJudicial New Excellence Resource Dinner Center to the Colorado legal community, gathered at the University Memorial Center to Divorcing—Page 4 Families —Page 7 hear O’Connor as part of the third annual John Paul Stevens Lecture hosted by the CU law school. She was joined on the panel by Ruth McGregor, former SeatsUpcoming for 2013 CJI Events:Judicial Excellence Chief Justice of the Arizona Supreme Court, and former Colorado Supreme for Colorado Dinner Still Available —PageSeventh 8 Annual CJI Judicial Court Justice Rebecca Love Kourlis, now executive director of the University of Excellence for Colorado Dinner— Denver’s Institute for the Advancement of the American Legal System. CU law November 5, 2009 professor Melissa Hart, director of the Byron R. White Center for the Study of UpcomingJudicial Independence CJI Events: Membership American Constitutional Law, moderated the panel. Breakfast The fact that all four of the eminent legal figures sharing the stage were CJIMarch Judicial 18, 2010 Excellence for women was itself proof of the wide-ranging changes in the legal profession since Colorado Dinner —October 15, 2013 O’Connor’s appointment by President Ronald Reagan in 1981. O’Conner was the first-ever female justice on the U.S. Supreme Court. CJI Executive Committee: Hart reminded the audience that gender bias in the legal profession was Robert N. Miller—Board Chair CJIElinor Executive Miller Greenberg—Vice Committee: Chair so strong in 1952, when O’Connor graduated from Stanford Law School, that at Sheila M. Gutterman—Vice Chair JamesK.C. Groves E. Scarboro—Vice —Chair Chair least 40 law firms refused to even interview her for a position as an attorney – JamesPeter D. E. Willis—Vice Scarboro — ChairVice Chair Anne M. Garcia—Treasurer simply because she was a woman. She finally found employment as a deputy RodneyPeter D. Yokooji—SecretaryWillis —Vice Chair county attorney in San Mateo, California, after she offered to work for no salary Yvonne Zuber —Treasurer and without an office. Eventually, her supervisors decided her competence ThomasCJI Staff: R. O'Donnell —Secretary Executive Director Continued under “O’Connor” on Page 2 Dana Nelson CJIDirector Staff: of Marketing and Administration Cynthia Ophaug-Johansen Executive Director Amy Ostheimer Colorado Judicial Institute P.ODirector Box of Marketing118 and Administration Don’t Forget… Broomfield, Cynthia Ophaug-Johansen CO 80038-0118 The Eleventh Annual Executive(303) 766-7501 Assistant Laura Rothenberg Judicial Excellence www.ColoradoJudicialInstitute.org Colorado Judicial Institute for Colorado Dinner P.O Box 118 Broomfield, CO 80038-0118 Presented by the Colorado Judicial Institute (303) 766-7501 www.ColoradoJudicialInstitute.org Tuesday, October 15, 2013 Denver Marriott City Center 1701 California Street 6 p.m. Cocktail Reception 7 p.m. Dinner Haven’t reserved your seats yet? See page 8 for more information. Continued from “O’Connor” on Page 1 outweighed her gender and started paying her a salary. In sharp contrast, women now make up about 47 percent of U.S. law students. Women also make up 47 percent of first- and second-year associates, according to a National Association of Women Lawyers survey of the nation’s 200 largest law firms. Men still dominate at the equity partnership level, however, where only 15 percent of the lawyers are women. Because O’Connor still sometimes sits as a justice on the U.S. Court of Appeals, she carefully avoided commenting on any legal issues that might reach such a tribunal. But she had no trouble endorsing merit selection systems for judges at the state level when an audience member asked, “What are the threats to the independence Retired U.S. Supreme Court Justice Sandra of the judiciary?” Day O’Connor was joined on stage at the “All three of us share concerns about electing third annual John Paul Stevens Lecture by judges at the state level. When you have popular election former Colorado Supreme Court Justice of judges, you have a substantial worry that campaign Rebecca Love Kourlis (Left) and former contributions may influence decisions that come before Arizona Supreme Court Chief Justice Ruth them. So, how to ensure fair and impartial decision McGregor (Middle). making? I don’t think you do it by selecting them in partisan elections,” O’Connor said. McGregor agreed, noting that she had helped O’Connor also decried the lack of a Western nudge her state of Arizona to adopt a merit selection justice on the current U.S. Supreme Court. system similar to the one used by Colorado. “It’s helpful to have westerners at the national “We want candidates to be ethical and qualified. level,” she said. “Take water. You have too much of it in We opened our system so that that when somebody applies Colorado right now,” she said, as the crowd laughed at her for a judicial position, we put their application on the reference to the September floods which battered Boulder Supreme Court web site,” McGregor said. and other parts of the state. Kourlis noted that Colorado, like Arizona, uses a “In the East, there is no problem of water non-partisan commission to screen qualified candidates shortage, no problem of distributing water. In the West, and recommend three nominees to the governor. After a there all kinds of agreements, lawsuits, pacts, etc. to judge is appointed, he or she then stands for a retention regulate water. In the past, we’ve had one or more election after at least two years in office. A fourth vital westerners on the court who played a critical role on such component of the Colorado system is its extensive efforts issues. It worries me a lot if we have a Supreme Court to assess and improve judicial performance. without any westerner on it with water law experience,” “Colorado is lucky. A lot of states still elect she said. judges in knock-down, drag-out elections. With huge Bob Ewegen is Journalist in Residence at the amounts of money raised and spent, there is at least a Colorado Judicial Institute and a member of the CJI board. He ended a 45-year career in journalism when he perception of affiliation or obligation when a judge takes retired after 36 years at The Denver Post in 2008 and is office. We’ve had anecdotes in other states where litigants now director of research and communications at the would ask attorneys whether lawyers on the other side had Ewegen Law Firm headed by his daughter, attorney Misty contributed to campaign of the judge sitting on the bench – Ewegen. and ask their own attorneys, ‘How much did you donate?’” said Kourlis. 2 National Effort to Educate Public on the Role of Judiciary Launched by National Association of Women Judges By Joan Irion, California Court of Appeal Associate Justice and NAWJ Informed Voters Project Chair cases based on the evidence presented and the law — not on political or special interest agendas or out of fear of unpopularity. Help educate voters that their votes will decide whether their state elects or retains judges who reflect these qualities so that there will be justice for all, not a select few. Apprise voters that they can fulfill their obligation to keep the courts fair and impartial by learning about a A prominent Midwest lawyer had just finished judge's qualifications and performance record to speaking to a community group about the threat to exercise an informed vote at the ballot box. American democracy from special interest attacks on The Informed Voters message will be judges based on specific decisions. The lawyer was then communicated nationally and in nine pilot project states: approached by a member of the audience who said, "I hear Kansas, Tennessee, Missouri, Alaska, Florida, Iowa, you, but I have got to tell you that I just don't understand Wisconsin, Washington, and California. The program will what you are saying. If the judges had just asked us how be launched at the state level through our Informed Voters we wanted them to rule, they'd still be on the court. After state coordinating committees, which are comprised of all, our state legislators ask us how they should vote. Why state justice and community organizations and business don't the judges do the same? I just don't understand." and bar association leaders. Is this an apocryphal tale? Sadly, no. Many Various tools will be used to convey the Informed citizens do not understand the basic role of the courts in Voters message, including radio and film public service the American tripartite system of government, or the fact announcements, websites and Web page content, public that the Founding Fathers created the courts to stand apart service electronic advertisements, and social media from politics in order to uphold the Constitution and the messages that will be released nationally early in the 2014 rule of law. This lack of public knowledge threatens fair state election season. Project members are also preparing and impartial courts, which are the cornerstone of speakers' presentations, newspaper and newsletter articles, American democracy.
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