Boulder Judge Patrick Ignoramus Butler is the natural consequence of the corrupt Colorado "good ol’ boy" judicial merit-appointment system by which political bosses appoint Colorado judges behind closed doors

Colorado citizens are justifiably outraged to recently learn that Colorado law invalidates their almost 100,000 signature demands for the recall and removal of Colorado judge Patrick D. Butler from the bench because rather than impose the presumptive sentencing guidelines of 4-to-12 years in prison for a heinous crime, he failed to impose any prison sentence whatsoever upon a University of Colorado student-rapist who sexually assaulted and raped a helpless drunk and semi conscious young woman.

International attention has focused upon Colorado Judge Patrick Butler because of his slap-on-the-wrist probation sentence of the rapist-student. The victim’s impact statement verified that she now suffers from persistent anxiety and depression and tried to kill herself because of the crime; she pleaded with judge Butler to show “as much mercy for the rapist as he did for me.” The district attorney told the judge that the rapist "tried to cover up his crime, and then repeatedly lied about it – including under oath at trial.” The Colorado attorney general said the outrageously lenient sentence “sends a terrible message.”

But the real problem with Colorado law is not Ignoramus Judge Patrick D. Butler or the prohibition against the recall of Colorado judges of incompetent and corrupt judges, but rather that Colorado judges are appointed to the bench behind closed doors by political bigwigs under the “good ol’ boy” political appointment system rather than by the democratic election of judges by citizens.

At the time of the birth of our country over 200 years ago, American states followed the wisdom of our forefathers and used popular elections as the method of choosing judges. Thomas Jefferson declared that guaranteeing the people's participation in the judicial branch of government by the election of judges would keep them honest, fair, and impartial, pointing out that “the exemption of judges from elections is quite dangerous.” Voters are more likely to know who are the good judges and the bad judges in their communities, and it is common knowledge that elected judges are more likely to treat the public with dignity and respect.

At the time of the Civil War, about three-quarters of the states gave the people a direct voice by democratic elections by which the public selected and held judges accountable. And as new states were admitted to the Union, all of them adopted the “common man’s voice” election of judges as decreed by our forefathers.

Today, however, only about half of the states elect their judges who answer to the people whom they serve rather than to the political bosses and special interest groups who appoint them; the other half shamefully have had their citizens relinquish and discard their constitutional right to elect judges, with Colorado denying their citizens this precious right for the past 50 years.

The main feature and reputation of most Colorado trial judges is that they first decide based upon their own personal agendas which party they want to win the case, and then they (or more likely their law clerks) pick and chose or even create whatever facts and law which they pretend justifies their personal decision. The main feature and reputation of Colorado appeal judges is that they simply rubberstamp the decisions of the trial judges by ignoring the determining facts and law which should decide the case.

Rather than Colorado voters electing judges who they know will decide their legal rights fairly and squarely, Colorado political bosses appoint judges to 6-year to 10-year terms based on “who they know” rather than “what they know” and perpetuate them in office with effective lifetime appointments under the Colorado “merit selection system.” Justice indeed is for sale.

Subsequent “retention” elections of almost all Colorado judges appointed by the political hacks and special interests result in them remaining on the bench, despite public belief that many of them are lazy, incompetent, or even corrupt. 94% of Americans agree that “We need courts that are free from political influence.” Source: Justice at Stake 2005 national poll.

Ignominious Butler violating his oath of office in deciding both criminal and civil cases is the rule rather than the exception to the rule in Colorado -- the direct result of the corrupt Colorado "judicial merit selection" system.

Clear the Bench Colorado (CTBC) is a young non-profit judicial reform organization whose mission is "to educate Colorado voters on the importance of judges applying the rule of law" rather than their own personal and political agendas in deciding cases. Such judicial reform should also motivate Colorado voters to demand a return to the democratic system of electing judges. Public minded citizens should take action now to reclaim their constitutional right to participate in the judicial process by the reclamation of democratic elections, and thereby remove judge Butlers from the Colorado trial and appeal judicial benches.