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June 14, 2007 01:26 AM UTC
I violated a rule that I recently adopted by posting a voluminous rant over in one of the main thread sections (I apologize, Polsters).
So I’m making an entry for that same topic here. I certainly think it deserves it’s own. Our well-received Kay Sieverding wrote (in her very own thread –thank you Pols), that federal judge’s salaries should be tied to timely responding to motions.
Humor aside, I think such a proposal is untenable and laughable (they would just rubber-stamp deny motions coming in, like state judge Jane Tidball does –takes no time at all!). Seems as `though the premise of such a proposal is that judges can’t be trusted to do their jobs. If that’s the problem we have, then salary incentives aren’t going to solve anything.
How could I know that? I’m so glad you asked! Our state already has a law on the books, which has NEVER been enforced (Cuervo, if you or anyone else finds where it has, I will eat crow!). Yes, indeed, Colorado has this little-known statute, 13-5-135
Every motion, issue, or other matter arising in any cause pending or to be brought in any district court of this state, and which is submitted to any such court for judgment or decision thereof, shall be determined by the court within ninety days after the adjournment of court. This section shall not be so construed as to prohibit a decision after the expiration of the time limited, but only as working a forfeiture as provided in section 13-5-136.
If any judge of any district court, to whom any motion, issue, or other matter, arising in any cause, is submitted for judgment or decision, fails or neglects to decide or give judgment upon the same within the time limited by section 13-5-135, such judge shall not receive from the state treasury any salary for the quarter in which such failure occurred, when the following requirements are satisfied: (a) The party aggrieved by the failure of such judge to rule in a timely manner files a complaint demanding the withholding of the salary of such judge with the commission on judicial discipline established in section 23 (3) of article VI of the state constitution; (b) The commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, investigates the judge`s alleged violation of section 13-5-135; (c) After such investigation the commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, makes a recommendation concerning the allegation to the Colorado supreme court; and (d) If deemed appropriate, the Colorado supreme court issues an order directing the department of the treasury to withhold the judge`s salary. (2) This section shall not apply in case of the sickness or death of a judge.
Of course, don’t take my word for it. At the bottom of that same page, you’ll find a series of complaints (silly memos) written by someone, who demanded that the judge’s salary be withheld and, who must remain nameless because of our Commission for the Abolition of Judicial Discipline secrecy laws (Colo. Const. Art. VI, Sec. 23(3)(g) & §§ 24-72-401 ~ 402).
So, good ol’ “Dr.” Rick, who’s been on the dole in his job since the eighties (typing up denial letters to complainants day in and day out and travelling around the country to judicial discipline seminars on taxpayer dollars) simply snubs his nose at the will of the General Assebmly. Statute Schmatute!!!
However, there is good news: `though Dr. Rick only rarely answers his own office phone these days and, while some may question just what the hell he’s been doing these past 20+ years in his position as the Executive Director of that commission, we understand that he is available for interviews to tell, “tales of stardom and seventies sexiness.” Yes, indeed! In fact, our very own Dr. Rick was the first male Bell telephone operator! How `bout that!keywords = Colorado Commission on Judicial Discipline, Richard Wehmhoefer, Richard A. Wehmhoefer, Rick Wehmhoefer
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