text:
Colorado's Courts are still out of control...
Some judges continue to hold themselves above the law - but they are not beyond accountability.
DID YOU KNOW that you have the right to vote "NO" on these unjust justices (and judges at all levels)?
It's true – judges - even Supreme Court justices - in Colorado ARE accountable to the people. Every two years, voters in Colorado have the opportunity to render their judgement on a portion of our appointed judiciary in "retention" elections ("should they stay, or should they go?" What makes a good judge?) YOU, the voter, get to decide - they NEED YOUR APPROVAL to be retained on the bench.
- Unconstitutional Property Tax Increases (Mill Levy Tax Freeze)
- Unconstitutional elimination of Tax Credits & Exemptions (tobacco tax, "Dirty Dozen" taxes)
- Unconstitutionally re-defining Taxes as Fees (Colorado Car Tax)
- Unconstitutional expansion of eminent domain property seizures (Telluride Land Grab)
- Unconstitutional usurpation of legislative power (judicial redistricting, school funding)
For additional information and references, view the Evaluations of Judicial Performance page
For information on Colorado's new court-drawn Congressional and state legislative districts, view the Congressional and state legislative district maps summary
Analysis: Clear The Bench Colorado Impact on Judicial Retention
Since the founding of Clear The Bench Colorado – the state's only active judicial accountability organization, and only consistently reliable source of information on the state judicial branch – six years ago, spearheading a "do not retain" campaign in 2010 against the then-reigning "Mullarkey Majority" on the state supreme court, both supporters and opponents of judicial accountability have speculated on CTBC's impact on judicial retention rates in Colorado elections.
Recently, a meeting of the "official" State Commission of Judicial Performance discussed the "numbers and percentages of retained judges over the years." Deputy Director Daniel Souza, explaining a few of the dips in retention rates in recent years, attributed these to the "Matt Arnold Syndrome." Interestingly, although the Commission has chartered several studies and surveys on judicial retention rates in Colorado elections, they have refused to release those to the public.
After failing to receive requested data from the Commission (notably, the Colorado Judicial Branch declared itself "exempt" from the Colorado Open Records Act, CORA, pursuant to the 2012 Gleason v. Judicial Watch ruling by Colorado Court of Appeals Judge Alan Loeb), Clear The Bench Colorado commissioned a study on judicial retention rates in Colorado over the past decade – and the results are quite interesting.
The numbers do speak for themselves. From 2002-2008, the average retention vote for a statewide judge (Appeals or Supreme Court) was 71.72%. Since the founding of Clear The Bench Colorado in 2009, the average statewide retention vote has been 67.60%, with the most significant change (63.44%) happening in the year of Clear The Bench Colorado's greatest activity and media exposure, 2010. (see Tables 1 & 3)
Clear The Bench Colorado was most active in 2010, with some significant earned media attention and a statewide campaign focused in particular against four (then three, when Chief Justice Mullarkey chose to "retire" rather than face the voters) Supreme Court Justices who regularly violated the Colorado Constitution. Clear The Bench Colorado traveled the state educating voters on judicial retention elections. Additionally, 2010 saw a well-funded counter campaign against Clear The Bench Colorado, which has been dormant after facing legal challenges for violating the state's campaign finance laws. 2010 produced an average 12.85% reduction in Supreme Court retention votes from 2008 and previous year averages.
Clear The Bench Colorado positioned itself in 2011 as the only consistent source on Colorado's Redistricting and Reapportionment process, actively engaging in both testifying on proposals and reporting on the process from beginning to end. Clear The Bench Colorado began reporting on Colorado judicial cases and related stories in 2009, and built on that wide reach and recognition in 2011. Clear The Bench Colorado continues to be the only news source on many cases and judicial issues in Colorado.
In 2012, Clear The Bench Colorado was less active in travelling to speak with the electorate across the state. 2012 saw a shift in the focus of the organization's approach, from specific recommendations ("yes" or "no" campaign, as in 2010) to a rating without any specific recommendation (ranking votes in cases for/against the Constitution, as in 2012 and 2014). 2012 saw a 2.09% reduction in average Supreme Court retention votes from 2008.
2014 again saw an increase in earned media attention and education on the retention election issue across the state. 2014 also saw two (unrelated to Clear The Bench Colorado) ballot initiatives focused on judicial retention and accountability, both of which failed to make the ballot (but likely helped create an electoral atmosphere that paid more attention to judicial elections than in 2012). 2014 had a 5.28% reduction in average Supreme Court retention votes over 2008.
Clear The Bench Colorado's recommendations (2010) and ratings (2012/2014) have had some noticeable impact on election results, reducing the statewide retention vote average by 4.12% overall, utilizing limited resources and manpower.
Additionally, years in which Clear The Bench Colorado was more active (2010, 2014) have a more noticeable impact than years with less publicity (2012), particularly with the Supremes.
Clear The Bench Colorado's anticipated future participation in education and ratings for Colorado's judiciary will likely continue the trend of a more informed Colorado electorate, as reflected in the election results.
18th Judicial District Judge Mark Hannen retiring, vacancy opens
The 18th Judicial District announced last week the impending retirement of District Court Judge J. Mark Hannen, effective 1 July 2015.
Judge Hannen has served as a district court judge since his appointment in 2002; prior to his appointment to the bench, he served as the Douglas County Attorney since 1989, after a number of years in private practice as an attorney.
The court's official retirement announcement (and notice of impending vacancy) was released on 6 April, and also gave notice of the schedule for reviewing applications and nominations:
The Eighteenth Judicial District Nominating Commission will meet on May 20, 2015, at the Arapahoe County Justice Center to interview and select nominees for appointment by the governor to the office of district judge for the Eighteenth Judicial District (Arapahoe, Douglas, Elbert and Lincoln counties).
Judge Hannen was last retained in office (receiving 75% "yes" votes for retention) in November 2012 (see Clear The Bench Colorado's "Know Your Judge" 2012 Citizen Inputs for background). Interestingly, Judge Hannen received a more divergent number of comments – some very positive, some very negative – than any other district judge on that year's ballot.]
As announced by the court,
To be eligible for appointment to fill the vacancy, the applicant must be a qualified elector of the Eighteenth Judicial District and must have been admitted to the practice of law in Colorado for five years. The current annual salary for this position is $145,219. The initial term of office of a district judge is a provisional term of two years; thereafter, the incumbent district judge, if approved by the voters, has a term of six years.
Application forms are available from the office of the ex officio chair of the Nominating Commission, Justice Brian D. Boatright, 2 E. 14th Ave., Denver, CO 80203; and the office of the district administrator, Laurie McKager, 7325 S. Potomac St., Centennial, CO 80112.
Applications also are available on the court's home page at http://www.courts.state.co.us/Careers/Judge.cfm
For a complete explanation of the judicial nominating process in Colorado, read:
Colorado Court of Appeals Judge Casebolt retiring, vacancy opens
Colorado Court of Appeals Judge James Casebolt announced last week that he would retire from the court effective 1 July 2015.
Judge Casebolt has served on the Colorado Court of Appeals for 21 years, serving as the court's Deputy Chief Judge since 2005. Judge Casebolt also serves as a trustee and former chair of the Board of Trustees of the Public Employees Retirement Association (PERA).
The court's official retirement announcement (and notice of impending vacancy) was released on 2 April, and also gave notice of the schedule for reviewing applications and nominations:
The Supreme Court Nominating Commission invites qualified attorneys to apply for a Colorado Court of Appeals judgeship created by the retirement of the Honorable James S. Casebolt, effective July 1, 2015. The Commission will meet May 11-12, 2015, at the Ralph L. Carr Colorado Judicial Center (2 E. 14th Ave., Denver, CO 80203) to interview applicants and select nominees for appointment by the governor.
Judge Casebolt was last retained in office (receiving 70.85% "yes" votes for retention) in November 2012 (see Clear The Bench Colorado's 2012 Judicial Performance Evaluations).
Judge Casebolt was widely regarded as an expert on jury selection; his "Civil Jury Selection and Pattern Voir Dire" is is a standard reference for jury screening recommended for use in Colorado courts.
As announced by the court,
To be eligible for appointment to fill a vacancy, the applicant must be a qualified elector of the State of Colorado and must have been admitted to the practice of law in Colorado for five years. The annual salary for a court of appeals judge is currently $151,463. The initial term of office of a Court of Appeals judge is a provisional term of two years. Thereafter, the incumbent judge, if retained by the voters, has a term of eight years.Application forms are available from the office of the ex-officio chair of the Nominating Commission, Chief Justice Nancy E. Rice, 2 E. 14th Ave., Denver, CO 80203; and the office of the District Administrator of any of the 22 judicial districts. Applications also are available on the court's home page at: https://www.courts.state.co.us/Careers/Judge.cfm
Colorado's "Merit Selection" Judicial Nominating Process
Clear The Bench Colorado marks 6th anniversary as CO's premier judicial accountability organization, going strong
"Time flies when you're having fun…"
Hard to believe, but it has already (only?) been 6 years since the founding of our state's only effective judicial accountability organization, Clear The Bench Colorado.
Starting as nothing more than an idea – knowing that Colorado judges are accountable to the people, that Colorado voters deserve more information on our state's powerful 3rd branch of government - Clear The Bench Colorado has effected a much-needed (and long-overdue) awakening about the role and importance of Colorado's judiciary.
Clear The Bench Colorado played a role in "encouraging" the self-removal of two of the worst state supreme court justices in Colorado history (Chief Justice Mary Mullarkey quit the bench in 2010 rather than face the voters, and Justice Alex Martinez quit the bench after receiving the lowest voter approval of any supreme court justice in state history some time after the 2010 elections) – resulting in a much-improved composition of our state's highest court.
In fact, over the last couple of years, court challenges have achieved the ONLY significant victories for freedom in Colorado – since CTBC's founding, overturning the Amazon Tax, overturning the CU Gun Ban, upholding the Douglas County school choice program, overturning unconstitutional legislation restricting petition-gathering for ballot initiatives, and (most strikingly) overturning a lower court to uphold the constitutionality of Colorado's school funding system (the Lobato statewide school funding case, called the "SuperBowl of school funding litigation") saving the state's taxpayers over $1 BILLION annually (as predicted by CTBC's analysis of the case) – a tremendously impactful win credited in large part to Clear The Bench Colorado's efforts to increase judicial accountability.
Clear The Bench Colorado helped Colorado voters to "Know Your Judge" with substantive evaluations of judicial performance prior to the November 2012 and 2010 elections – the ONLY source of reliable, substantive information on judges appearing on the ballot.
Statewide legislative elections in 2012 were significantly impacted (if not effectively pre-determined outright) by results of the Colorado Supreme Court's December 2011 rulings on the reapportionment of state legislative districts – leading to lopsided majorities for Democrats in both chambers of the state legislature, despite actually receiving fewer votes overall (45% to 48.5% of total votes/candidates)
Clear The Bench Colorado's successes have been noted not only in Colorado, but in other states as well; on our 5th anniversary, CTBC is finalizing arrangements to expand the brand and reach of judicial accountability to other states sharing the "judicial retention vote" model, as well as expanding our reviews of judicial performance to the county & district court level here at home.
Few, if any, grassroots organizations have had as much impact on the political and civic arena as has Clear The Bench Colorado over the last six years.
Will Clear The Bench Colorado continue to help reform Colorado's judiciary by promoting transparency and accountability, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts, over the next few years?
Will Colorado be able to count on CTBC's useful and substantive evaluations of judicial performance in coming elections?
The choice is yours, Colorado.
We can't do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn't free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it's worth the effort.
Colorado Supreme Court Justice Hobbs to retire, vacancy opens
Colorado Supreme Court Justice Gregory Hobbs announced last week that he would retire from the court effective 31 August 2015.
The Colorado Supreme Court's official retirement announcement (and notice of impending vacancy) was released on 19 March, and also gave notice of the schedule for reviewing applications and nominations:
The Colorado Supreme Court Nominating Commission will meet June 8 and 9, 2015, at the Ralph L. Carr Colorado Judicial Center (2 E. 14th Ave., Denver, CO 80203) to interview candidates and select nominees for appointment by the governor to the Colorado Supreme Court.
Justice Hobbs has served on the Colorado Supreme Court for 19 years; originally appointed in 1996 by Democrat Governor Roy Romer, he was last retained in office in 2008 and would have been next subject to a retention election in 2018 (Colorado Supreme Court Justice terms are for ten years, except for their first "probationary" term of 2+ years until the next election).
Justice Hobbs was widely recognized as an authority on water rights law in Colorado and nationally; so much so, in fact, that former gubernatorial candidate Scott McInnis was accused of plagiarizing a substantial portion of a "public policy study" (for which he was paid $300,000) from work previously published by Hobbs.
As announced by the court,
To be eligible for appointment to fill the vacancy, the applicant must be a qualified elector of the State of Colorado and must have been admitted to the practice of law in Colorado for five years. The current annual salary for this position is $157,710. The initial term of office of a Supreme Court justice is a provisional term of two years; thereafter, the incumbent justice, if retained by the voters, has a term of 10 years.
Application forms are available from the office of the ex officio chair of the nominating commission, Chief Justice Nancy E. Rice, or from the Supreme Court Clerk, Christopher T. Ryan, 2 E. 14th Ave. Denver, CO 80203. Applications also are available online on the court's website.
For a complete explanation of the judicial nominating process in Colorado, read:
Colorado's "Merit Selection" Judicial Nominating Process
Colorado Supreme Court declares disqualified Adams 12 School Board candidate "legally elected" but seat nonetheless vacant
The Colorado Supreme Court, in what appears to be a classic case of legal sophistry, held that a candidate disqualified from running for a school board elected office was nonetheless "legally elected" to that office – but, because she was "unqualified to serve" the seat is therefore vacant (and must be filled by a vacancy board appointment instead of by the legally qualified candidate who also ran).
In reviewing the court's ruling, the appropriate response would seem to be
The court's ruling – No. 14SA235, Figueroa v. Speers – Election Law – Candidate Elected But Unqualified to Serve – held that "the unqualified candidate was legally elected despite not meeting the residency requirement" but that since "the candidate who was legally elected is not qualified to serve in the office for which she was elected, the supreme court upholds the trial court's declaration of a vacancy in the contested office."
So, in plain English – a candidate legally disqualified from running for office was "legally elected" but cannot take office because she was legally disqualified.
Truly, dizzying.
The court hangs its ruling on the fact that "although Speers was unqualified to serve, no court declared her to be unqualified until after voting had been completed." [Emphasis added]
However, as noted in both the district court election challenge trial and in arguments before the Colorado Supreme Court itself, candidate Amy Speers was discovered to be ineligible only days before the election – and, despite notice, refused to withdraw her candidacy, as foreseen by law – and thus no court could possibly have issued any declaration prior to the election.
In fact, Speers' candidacy was not only disqualified – but, arguably, perjurious, since she submitted a signed affidavit affirming that she "met all the requisite qualifications to hold the office."
However, since the "sufficiency" of her affidavit was not challenged "within the respective five-day windows under section 1-4-909(1), C.R.S. (2014) (allowing five days to challenge the sufficiency of a petition before certification), or section 1-4-501(3), C.R.S. (2014) (allowing five additional days to challenge the certification of a candidate to the ballot)" and was not caught by the certifying officer, her certification to the ballot was held to be valid "despite Speers's unwitting failure to meet the residency requirement." [Ruling at 3]
The dizziness only gets better.
Ironically, the court noted that the certifying authority [Mullins] promptly requested that Speers withdraw from the race, which Speers refused to do. Mullins then notified the relevant county clerks to withdraw Speers's name, but the clerks similarly refused to do so. Nobody involved requested judicial intervention of any kind prior to the election, and voting proceeded with both candidates remaining on the ballot." [Ibid]
Ironic – because the court itself struck down the only attempt at "judicial intervention" in the form of an emergency rule issued by the Secretary of State in the Hanlen v. Gessler case, which held that "questions regarding a certified candidate's eligibility [must] be determined by a court, not an election official."
The court's ruling is troubling on another level, as well. By asserting sole authority to act as the arbiter of certifying candidate eligibility (rather than election officials, who have that duty in their job description) the court places itself squarely in the midst of the political process. The increasing, and willful, self-politicization of the state's judicial branch is (or should be) deeply troubling to anyone concerned with fair electoral process.
Although the court was at least consistent in voiding the election post-hoc for the ineligible candidate -
recognizing that a legally elected person is entitled to take office only "upon proper qualification" and instructing the court to set aside an election and declare a vacancy in the contested office if no person was legally elected [Ruling at 10]
it appears to be inconsistent in defining just what constitutes "legally elected" to (or even qualified to run for) public office.
- Can Ineligible Candidates be "Duly Elected" to Public Office?
The court apparently rejected the argument that "a person cannot be a "duly nominated" candidate or a "duly elected" officer if the individual does not meet the qualifications for office. "
This argument is important not only because it would eliminate the election controversy "ab initio" – since
"a run for office by an unqualified individual is void rather than voidable. It should be considered "a nullity, invalid ab initio, or from the beginning, for any purpose." Delsas v. Centex Home Equity Co., 186 P.3d 141, 144 (Colo. App. 2008). (SOS Appeal for Review at 28)
It is also important because it would "prevent use of sham candidates" – popular figures ineligible to actually run for office serving as stand-in vote-getters.
Did the court's ruling open the door for "sham candidates" to disrupt future elections?
Only time will tell.
Read more about the Adams-12 School Board Candidate Eligibility case:
- Contested School Board Election "Win" by Disqualified Candidate Argued Before Colorado Supreme Court
- Disqualified Adams County School Board candidate awarded "win" after District Court ruling; Secretary of State appeals
- Colorado Supreme Court hears arguments in Adams 12 election case, Denver Post 29 January 2014
- Adams 12 candidate's votes must be counted, judge rules (Broomfield Enterprise, 19 Nov 2013)
Supreme Court rules that Colorado's "Amazon Tax" can be challenged in federal court
The Supreme Court of the United States (SCOTUS) unanimously overturned a 10th Circuit ruling, allowing a lawsuit against Colorado's "Amazon Tax" to resume proceedings in federal court.
The Supreme Court ruling (Direct Marketing Association v. Brohl, 13-1032) overturns a 10th Circuit Court decision that reversed a ruling by a federal trial court that had declared Colorado's "Amazon Tax" illegal. The 10th Circuit ruling had held that federal courts had no jurisdiction over state tax issues, a position rejected by the recent Supreme Court ruling due to the tax being applied to interstate commerce.
The 2010 internet sales tax (or "Amazon Tax" - House Bill 10-1193: Sales Tax Out of State Retailers (Pommer/Heath) was among the worst of the "Dirty Dozen" tax increases from both a constitutional and policy perspective, since previous legal precedent had already held that a state's attempts to regulate commerce in other states (as this tax attempted to do) ran afoul of the U.S. Constitution.
Clear The Bench Colorado was at the forefront of the opposition to the unconstitutional "Dirty Dozen" tax increases passed by the Colorado Legislature in 2010 – testifying before the House and Senate Finance Committees that the tax increases were violations of the rights of Colorado citizens under the Colorado Constitution (Article X, Section 20: Taxpayers Bill of Rights) to be consulted (by vote) before being subjected to more or higher taxes, despite an interpretation of the Colorado Supreme Court ruling in the "Mill Levy Tax Freeze" case that the requirement to ask first could be ignored.
Clear The Bench Colorado warned the state legislature that the tax was guaranteed to be challenged in court, and would likely lose – a prediction that was affirmed two years later when a federal court ruled to strike down Colorado's "Amazon Tax" in 2012. The 10th Circuit, on appeal, held that federal courts had no jurisdiction over state tax matters – which the Supreme Court of the United States rejected and reversed.
The unconstitutional tax increase has never collected a dime in revenue, as it was swiftly suspended by the courts – but it has cost the state (and Colorado taxpayers) tens, if not hundreds, of thousands of dollars in litigation costs and attorneys fees. Naturally, the legislators who have imposed these costs on Colorado have incurred no liability for their unconstitutional legislation.
Passing on such exorbitant legal costs to the taxpayers or consumers seems to be a common predilection of pandering politicians – who should be held accountable, at the ballot box if not otherwise.
Colorado Supreme Court hears appeal on constitutionality of Douglas County School Choice program
The Colorado Supreme Court heard oral arguments last month (10 December 2014) on a challenge to the constitutionality of the Douglas County School Choice program, in what could be a precedent-setting case for school choice nationwide. Last month's oral arguments took place just over two years after the Colorado Court of Appeals heard similar arguments in the preceding case, which resulted in an appellate court ruling that upheld the constitutionality of the Douglas County "Choice Scholarship Program" (Colorado Court of Appeals Nos. 11CA1856/11CA1857, "Taxpayers for Public Education v. Douglas County Board of Education") issued on 28 February 2013, that reversed a lower court ruling that had blocked implementation of the program in August 2011.
The legal battle over the constitutionality of the Douglas County "Choice Scholarship Program" – which allows K-12 students who reside in the Douglas County School District and have been enrolled in a Douglas County public school for at least one year to apply for a Choice Scholarship to attend the private or charter school of their choice – has gained national attention as the "ground zero" in the fight for school choice across the country.
Opponents of the school choice program (ACLU, Americans United for the Separation of Church and State, various front groups and individuals affiliated with local, state, and national teacher's union and other special-interest groups et al) have argued that the school choice voucher program violated the state School Finance Act and Colorado Constitution provisions prohibiting "aid to or support of religion and religious organizations" with taxpayer funds. The Court of Appeals resoundingly rejected those arguments, relying not only on the clear language of the Colorado Constitution, but also upon relevant Supreme Court of the United States precedent in a similar case (Zelman v. Simmons-Harris, 2002), holding that funds disbursed in such programs "benefit students and their parents, and any benefit to the participating schools is incidental…"
Issues "Reframed"
The appeal to the Colorado Supreme Court "reframed" several issues and again attempted to re-argue the "benefit to religious organizations" claim previously rejected by the Court of Appeals. The Colorado Supreme Court granted certiorari (agreed to review) six distinct issues or arguments advanced by the plaintiffs:
- Standing to bring private action under the School Finance Act
- Challenging the use of a "Charter School" administrative entity to channel CSP funds
- Standard for challenging constitutionality ("presumptive" or "beyond reasonable doubt")
- "Diversion of funds" to schools controlled by churches or religious organizations
- "Compelled-support" or "compelled-attendance" at religious services in some CSP-grant schools
- Requirement for titular "charter/public" students to receive religious instruction in some schools
- Standing to bring private action under the School Finance Act
The Colorado Court of Appeals had held that "[t]here is nothing in the language of the Act remotely suggesting that private citizens or groups have a right to seek judicial enforcement of its provisions." Appellants conceded that the statutory language conferred responsibility for enforcement on the State Board of Education, but argued "collusion" between the SBE and the Douglas County School Board (because the SBE had responded to a DCSB request to review and offer an advisory opinion on the Choice Scholarship Program prior to implementation – despite the fact that offering such review and opinion is precisely one of the functions assigned to the SBE). Appellants argued that because the State Board of Education did not act to challenge the program, the right of enforcement devolved to private parties – a position characterized as "backup surrogate standing?" by a visibly skeptical Justice Hobbs (generally considered part of the "liberal" wing of the court). Remaining justices also appeared skeptical about any "private right of enforcement."
Prognosis: Based on the arguments presented, questions by the justices, case filings, and previous rulings, Appellants seem unlikely to prevail on the "standing" issue – which could derail the entire appeal, preserving the lower court (Colorado Court of Appeals) ruling in favor of school choice.
- Challenging the use of a "Charter School" administrative entity to channel CSP funds
Appellants asserted that the CSP's "Choice Charter School" – which the Douglas County School Board conceded was an "administrative convenience" – is invalid as a mechanism for funding student enrollment and attendance at other schools participating in the choice scholarship program, calling it a "sham" and a "false front" to enable public education funds to go to private partner schools. Appellants claimed that the "Choice Charter School" failed to meet requirements of the School Finance Act and Charter School Act, and "the program therefore fails."
Appellees countered that the construction of the program followed the rules and regulations promulgated by the State Board of Education, and the choice of how to set up the program fell under the purview of the elected school board. Since enforcement of the rules is the "exclusive province" of the State Board of Education, there is no "private right of enforcement" on this claim, either.
Prognosis: Again, given that regulatory responsibility and enforcement authority seems to lie exclusively with the SBE, which has accepted the CSP as compliant with legal requirements, this claim is likely to fail and the Colorado Supreme Court is likely to uphold the judgment of the Court of Appeals.
- "Diversion of funds" to schools controlled by churches or religious organizations
Appellants repeatedly referred to "depletion of resources" available for "public education" – an "export" of funds from Douglas County Schools "into the hands of private parties." Appellants maintained that the SFA and Colo. Constitution contain an "absolute prohibition on the use of funds for anything but public education." In sum, "public tax dollars can't fund choice of parents to have their kids attend religious schools."
Appellees countered that education funds are primarily to benefit students, not institutions – and that public education funding is tied to (and follows) students, per the SFA. Appellees noted that funds are not diverted from any school district, and that the amounts available to parents/kids participating in the choice scholarship program are actually less than the "per-pupil" formula allows – which means that not only is there no diminution of funds available for "free public education" but that funds left available actually increase.
Prognosis: given the math, this is probably the weakest claim advanced in the appeal, and likely to fail.
- Restrictions on "public funding" of schools with religious characteristics or under control of religious organizations ("No Aid" clauses of Colorado Constitution)
Appellants argued a "specific prohibition" of any aid or funding to schools with a religious character, including "teaching sectarian tenets" or religious institutional control. These arguments mirrored those previously advanced before the Colorado Court of Appeals, and rejected by that court.
Appellees countered that other programs use public funds for private schools, including those of religious character, at various levels (such as the "Colorado Opportunity Fund" college scholarships). Noting that the program is neutral with respect to religion and for a public purpose (education), it provides "no aid to religious institutions" but is for the benefit of students. Appellees noted federal jurisprudence that singling out – for inclusion or exclusion – programs on the basis of religion violates both the Freedom of Exercise and Equal Protection clauses of the U.S. Constitution; one "can't exclude religious groups from educational aid programs otherwise available to the public" (Everson v. BOE, 1947). Moreover, since the choice of which school to attend using the "choice scholarship" is solely at the discretion of the parent, "the link between public funds and schools is broken if made by an individual's choice." (per the 2002 U.S. Supreme Court Zelman case) Ultimately, the program enables public students making a private choice – a right secured under both the Colorado and U.S. Constitution.
Prognosis: Since little new argument on the "support to religious institutions" issue was advanced before the Colorado Supreme Court that differed substantially from arguments before the Colorado Court of Appeals, and since the appeals court ruling dealt with the issues so comprehensively in rejecting those arguments in their February 2013 ruling, it appears likely that the lower court's ruling in this regard will be affirmed.
Summary Analysis:
It is interesting to note that the very definition of what constitutes "public" education arose multiple times, in questions from several justices. In particular, several justices seemed to recognize (and the appellees also pointed out) that there is an ongoing "paradigm shift" and major changes in the delivery of education. Several justices seemed at least willing to consider that the "old model of schools" is no long the only, or even dominant, option. Some asked, concerning delivery of "public" education, if it's necessary that "public" education MUST be in government schools?
The Colorado Supreme Court's ruling in this case may go a long way towards answering that question.
Additional References:
- Full Audio of the hearing is made available by the Colorado Supreme Court
- Click here for a comprehensive review of the Douglas County Choice Scholarship Program (including program information, video and audio interview and news clips, news and commentary highlights and links to many legal documents in the case)
- CTBC Analysis of Oral Arguments in Douglas County School Choice Voucher Program at Colorado Court of Appeals
- School Choice Goes to Court: The Year's Most Important Lawsuits (12/24/14)
- Colorado justices see potential 'paradigm shift' in school voucher case (Colorado Independent, 12/12/14)
- Colorado's high court hears school voucher case (Colorado Springs Gazette, 12/10/14)
- Colorado Court of Appeals reverses lower court, upholds constitutionality of Douglas County School Choice program
Colorado's "Official" Judicial Performance Evaluation System Lacks Transparency, Covers Up a Politicized Judiciary
Colorado's "official" system of judicial performance evaluations is, contra the propaganda propagated by the system's apologists, among the least transparent and opaque such processes in the nation, and serves to cover up (and perpetuate) existing politicization of the state's third branch of government.
Far from being a "model" or "one of the best" judicial review systems, Colorado's program (administered by the Colorado Office of Judicial Performance Evaluation (COJPE), a government agency) is a fraud foisted upon the citizens and voters of Colorado (at significant taxpayer expense).
Colorado's "Official" Judicial Performance Evaluation System Explained
Colorado's courts are administered, at the trial court level, under 22 judicial districts (most, although not all of which include multiple counties). Each judicial district has a review commission consisting of 10 political appointees (6 non-attorneys and 4 attorneys). As noted on the COJPE website,
Appointments to the commission are made by the Chief Justice, Governor, President of the Senate, and Speaker of the House.
The state's appellate courts (Colorado Court of Appeals, Colorado Supreme Court) are "reviewed" by the "State Commission of Judicial Performance" – another 10 political appointees (also 6 non-attorneys and 4 attorneys) appointed by the Chief Justice, Governor, President of the Senate, and Speaker of the House.
The commissions supposedly gather information from a number of sources – interviews, observations, and (primarily) survey results – to generate "reviews" of judges published as a "narrative" beginning with an "official recommendation" on whether the rated judge should be retained in office (notably, not once in the entire decades-long history of the state review commissions has there been a "do not retain" recommendation for a judge at the statewide, appellate-court level; and "retain" recommendations account for over 98% of judges reviewed at the district/county levels).
Why do we have political appointees telling Coloradans how to vote?
Partisan Bias on Review Commissions?
It should be noted that, in contrast to the judicial nominating commissions and the process for nominating appointees to judicial office, which includes a legal requirement for partisan balance among members and for nominations, judicial performance evaluation commissions have NO requirement for partisan balance, and are often (usually?) dominated by members of a single political party.
Unsurprisingly, the 2014 "State Commission of Judicial Performance" is completely dominated by Democrats – ALL of the attorney members, and all but one of the non-attorney members (who is officially unaffiliated) are not only Democrats, but major Democrat contributors (first and foremost, naturally, to Colorado's Governor Hickenlooper himself):
- Bradley A. Levin, Chair (Democrat; contributor to Hickenlooper, several Democrat legislative candidates – McLachlan, Kagan, et al – and the Colorado Trial Lawyers Association PAC)
- Christina M. Habas (former Denver District Court judge; Democrat, contributor to Dem Don Quick for AG and left-leaning Colorado Trial Lawyers Association Small Donor Committee)
- Heather R. Hanneman (Democrat; contributor to Hickenlooper, Don Quick for AG, One Colorado, CTLA among others)
- Edward F. Harvey (Democrat; Hickenlooper contributor)
- David A. Kaplan (Democrat; contributor to Hickenlooper, Don Quick for AG among others)
- Michael J. Maday (Democrat; former Dem SD11 legislative candidate, contributor to numerous Democrat candidates, incl. Joe Neguse for Secretary of State, Mike Merrifield, Pete Lee, Tony Exum, and others.
- Joe D. Martinez (Democrat; Hickenlooper contributor)
- Roger D. Sherman (Democrat; Hickenlooper contributor; gave over $28,000 to Democrat candidates and Democrat-affiliated groups)
- William E. Sobesky (unaffiliated, but last major contribution was for Mike Feeley (Democrat for governor)
- Roland Williams (Democrat; contributes primarily to local Democrat party organization)
The partisan makeup of the majority of Colorado's 22 judicial performance review commissions is similarly unbalanced.
"Survey Says!" Methodology Suspect, Statistically Invalid
The commissions rely heavily on surveys distributed to a selected subset of "attorneys who had cases before the judge, other judges, court staff, jurors and court users." In other words, the surveys are overwhelmingly distributed to people with a vested interest in the existing system.
The lack of statistical validity for survey results as a method of analysis (due small sample size, rate of return, even sample bias) has been noted by numerous sources – including the commissions themselves. The lack of statistical validity is particularly acute at the appellate court level – as even some of the major apologists for the current system have also admitted.
The survey sampling bias can also be politically manipulated by the commissions – as appears to be the case in one of this year's (exceedingly rare) "do not retain" recommendations from the 20th Judicial District (Boulder County) commission "reviewing" District Court Judge Karolyn Moore.
As noted in a recent Daily Camera article, "Flaw in system led to 'do not retain' recommendation for Boulder County judge"
- an examination of the report shows that of the 297 attorneys to receive the confidential surveys, none was classified as a prosecutor. The report showed 91 criminal defense attorneys turned in surveys, along with 19 civil attorneys. Two respondents were classified as "other attorneys criminal."
There is no other plausible explanation for such "sampling error" than deliberate manipulation of the surveys.
Other criticisms of the "survey methodology" have come from across the political spectrum; a recent Boulder Weekly article ("Bench Bias") raises the specter of institutionalized "gender bias" in the review commissions (the "old-boy network" in action?)
A Durango Herald article ("When grading judges isn't blind") also alleged bias in the commission reviews.
Whether the bias(es) are of political, gender, racial, regional, or any other origin – the lack of transparency in the current system serves to cover up and perpetuate such problems.
Reform, Accountability, Transparency to DE-politicize Colorado Courts
Apologists for the current, non-transparent and unaccountable state-sponsored system support a continued cover-up of the existing politicization of Colorado's judiciary. They are complicit in a fraud perpetuated on the citizens of Colorado.
In contrast, Clear The Bench Colorado's approach supports substantive evaluations of judicial performance based on documented reviews of their primary "work product" (the rated judge's written opinions, which are posted as a reference for readers to review) – a vote for transparency and accountability.
Don't be "tricked" by the incestuous Legal Establishment apologists – and the partisan political appointee "review" commissions they are complicit in foisting on Colorado voters.
There is a clear public need and demand for substantive, independent evaluations of judicial performance – but, just as clearly, the "official" COJPE "rubberstamp reviews" and consistent recommendations to reflexively retain incumbents (99% overall, and a staggering 100% "retain" recommendation record at the appellate court level) is NOT a credible solution.
Clear The Bench Colorado has shown the way towards a method of substantive, informative, well-researched and extensively documented evaluations of judicial performance - a model that could (and perhaps should) be emulated nationwide.
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can't do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn't free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it's worth the effort.
Federal Judge rebukes Colorado Supreme Court in ruling on 1st Amendment challenge to state's campaign finance law
Senior U.S. District Judge John L. Kane strongly rebuked the Colorado Supreme Court in an Order issued Friday (10 October 2014) enjoining the enforcement of Colorado's campaign finance laws that require registration, financial disclosure and reporting against a small group speaking out on public policy issues.
The Order held that, as applied to plaintiffs in this case, "Colorado registration and reporting requirements have unconstitutionally hindered their First Amendment right of free association."
Judge Kane added, in a stinging rebuke to the Colorado Supreme Court,
This conclusion is so obvious, moreover, that having to adjudicate it in every instance as the Colorado Supreme Court implies is necessary itself offends the First Amendment. By setting in stone the uncertainty that precipitated this litigation in the first place, the Court's interpretation chills robust discussion at the very core of our electoral process. [Order at 2]
This challenge to Colorado's registration and reporting requirements applying to small issues-advocacy groups dates back over two years; the original court case, as announced in this press release from the Center for Competitive Politics (a public-interest advocacy organization working to "promote and defend First Amendment rights to free political speech" representing plaintiffs Coalition for a Secular Government) was filed on 2 July 2012.
The Complaint alleged that several provisions of Colorado's Amendment XXVIII (and implementing state statute, the "Fair Campaign Practices Act" or FCPA) are overbroad, vague, and unconstitutionally infringe upon fundamental free speech rights, as applied to groups engaged in issues advocacy and public policy discussion that are not financed by "large campaign contributions made to influence election outcomes [that] allow wealthy individuals, corporations, and special interest groups to exercise a disproportionate level of influence over the political process" (Amendment XXVIII and FCPA, declaratory purpose).
Colorado's Constitution (Amendment XXVIII) and state statute (the "Fair Campaign Practices Act" or FCPA) require registration, financial disclosure and reporting by "issue committees" – defined as:
(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.
However, the $200 threshold was invalidated by a 2010 10th Circuit Federal Court case, Sampson v. Buescher - which, although ruling that some $2,000 in contributions and expenditures are "well below the line" at which Colorado's regulatory burdens are constitutionally acceptable, failed to "draw a bright line below which a ballot-issue committee cannot be required to report contributions and expenditures" [Sampson v. Buescher at 30] – leaving a huge grey area under the law, in which issues-advocacy groups cannot be sure if they're operating in compliance with the law, or not.
Colorado's Secretary of State, Scott Gessler, attempted to clarify the rules and eliminate this grey area; after submitting public comment and testimony, including public hearings held on 15 December 2011 on rules changes oriented towards clarifying and reforming Colorado's unconstitutional campaign finance laws. (Clear The Bench Colorado's Director Matt Arnold spoke out in favor of many of the proposed changes), the Secretary set a new threshold of $5,000 for qualifying as an "issue committee" by rule – which was almost immediately challenged by groups with a history of advocating for restricting free speech, the left-leaning "Common Cause" and "Colorado Ethics Watch" (CEW, pronounced "sue" – it's what they do) groups (Common Cause v. Gessler, 2012).
The legal challenge to the Secretary of State's rules changes to issue committee reporting thresholds – and the failure of the ballot initiative opposed by CSG in 2012 to qualify for the ballot – combined to delay resolution of the case, although the federal judge submitted an Order Certifying Questions asking the Colorado Supreme Court for clarification of Colorado's campaign finance laws in October 2012.
The Colorado Supreme Court heard oral argument on the 1st Amendment challenge to Colorado's campaign finance laws on 8 May 2013 – which, as a guest commentary by Center for Competitive Politics attorney Tyler Martinez noted, was "Colorado's Opportunity to Protect First Amendment Rights" in a case that could have had major implications for political free speech nationwide.
Unfortunately – over a year later – the Colorado Supreme Court, instead of striking a blow for free speech rights, punted. After rejecting the Colorado Secretary of State's appeal in his attempt to eliminate or at least clarify the legal "grey area" created by the 10th Circuit ruling in Sampson v. Buescher, the Colorado Supreme Court summarily dismissed the previously-submitted certified questions "in light of the Court's decision in case 12SC783 Gessler v Colorado Common Cause, which was issued June 16, 2014" in an order dated, ironically, 2 years to the day after which the Complaint was originally filed – on 2 July 2014).
As a result, the case wound up back in federal court, without benefit of legal interpretation or guidance from the Colorado Supreme Court. Following an evidentiary hearing on 3 October, Judge Kane issued his ruling the following Friday (10 October 2014).
After noting that
of the three "proper" justifications for reporting and disclosing campaign finances articulated by the Supreme Court in Buckley v. Valeo, 424 U.S. 1, 68 (1976), only the third – the public's "informational interest" – applies to ballot issue committees [footnoting that the 1st, contribution limits, and 2nd, quid pro quo corruption, don't apply in ballot issues][Ruling at 9]
Judge Kane stated that based on the nature of the expenditures,
this is a a case where the state's informational interest is truly "not obvious."
Colorado's issue committee disclosure laws are concerned with "large campaign contributions" that allow "wealthy individuals, corporations, and special interest groups to exercise a disproportionate level of influence over the political process."
Judge Kane's ruling concludes:
Unfortunately, given the Tenth Circuit's refusal "to establish a bright line below which a ballot issue committee cannot be required to report contributions and expenditures" and the Supreme Court's election not to answer the certified questions, I must make a ruling on the specific facts of this case based on what I determine, sui generis, to be reasonable. I say "unfortunately" because this state of affairs means that no precedent has been established and the stability this matter of considerable public importance so needfully requires will have to await another day or days and even more lawsuits.
Based on the foregoing, it is formally ORDERED and DECLARED that CSG's expected activity of $3,500 does not require registration or disclosure as an "issue committee" and the Secretary is ENJOINED from enforcing FCPA disclosure requirements against it. [Ruling at 30]
Judge Kane's ruling, although it decisively settles this case and grants relief (and offers prospective relief in future cases) to litigants in awarding attorney's fees, ultimately fails to resolve the remaining "grey area" remaining as a result of Sampson v. Buescher's as-applied invalidation of the $200 threshold for issue committees in the face of the Colorado Supreme Court's refusal in Gessler v. Common Cause to more broadly settle the issue of where the registration and reporting threshold passes constitutional muster.
Sadly, unless and until the Colorado Supreme Court (or, potentially, the Supreme Court of the United States) definitively rules on the issue, or until Colorado's unconstitutional campaign finance laws are amended or reformed by ballot initiative and/or legislation, Colorado citizens wishing to associate and pool resources to speak out on issues of public policy will still have to fight for their free speech rights in court.
Related Articles:
- Colorado Supreme Court to hear 1st Amendment challenge to state's campaign finance laws
- Colorado's Opportunity to Protect First Amendment Rights
- Colorado Supreme Court asked by Federal judge to clarify state campaign finance laws
- Speaking Out on Reforming Colorado's Campaign Finance Laws
Clear The Bench Colorado will, with your support, continue to promote transparency and accountability in the Colorado judiciary, informing the public to increase awareness of the substantial public policy implications of an unrestrained activism and political agendas in the courts. We will continue to work to educate voters and provide information of relevance related to the judicial branch, and to provide useful and substantive evaluations of judicial performance.
However, we can't do it alone – we need your continued support; via your comments (Sound Off!) and, yes, your contributions. Freedom isn't free -nor is it always easy to be a Citizen, not a subject.
Ultimately, though – it's worth the effort.


text:
EGP Group
With a total installed capacity of 82.5 MW, the Pulida facility will be able to generate more than 150 GWh per year once fully operational
With an installed capacity of 12 MW, Chiriquí is capable of generating over 19 GWh per year, equivalent to the annual power consumption needs of more than 16,000 local households.
The two companies will identify an initial pilot site where they will install a 1.5 MW-3 MWh energy storage system
Meeting approves financial statements as of December 31st, 2014 and resolves to pay a dividend of 3.2 eurocents per ordinary share.
The appointment of three Directors including the Chairman of the Board of Directors is confirmed
Long-Term Incentive Plan 2015 dedicated to the management of Enel Green Power Group is approved
Francesco Venturini confirmed as Chief Executive Officer and General Manager
The company has won an energy supply contract for the Isparta solar photovoltaic project, which will have 23 MW of installed capacity
Following its successful bid, Enel Green Power enters into the Turkish renewable energy market
The electricity generated by the new plant will be supplied to a subsidiary of Turkeys utility TEIAS
Total capital expenditure amounting to 9.6 billion euros by 2019 of which 8.8 billion euros fully dedicated to growth, a more than 60% increase on previous plan
Additional capacity of 7.1 GW by 2019, a 50% ramp-up compared to expected growth in previous plan
EBITDA of approx. 1.8 billion euros in 2015, approx. 2 billion euros in 2016 and approx. 2.1 billion euros in 2017
Enel Green Power will leverage on its geographically and technologically diversified footprint, strategic approach to business development and strong cash flow generation to seize the current global growth in renewables
Total revenues: 811 million euros (720 million euros as of March 31st, 2014, +12.6%)
EBITDA: 536 million euros (481 million euros as of March 31st, 2014, +11.4%)
EBIT: 348 million euros (321 million euros as of March 31st, 2014, +8.4%)
Group net income: 175 million euros (170 million euros as of March 31st, 2014, +2.9%)
Net financial debt: 6,549 million euros (6,038 million euros as of December 31st, 2014, +8.5%)
Net installed capacity: 9.8 GW (8.9 GW as of March 31st, 2014, +10.1%)
Net generation: 8.7 TWh (8.4 TWh as of March 31st, 2014, +3.6%)
Director Andrea Brentan submitted his resignation from the Board of Directors of Enel Green Power for personal reasons
With an installed capacity of 18 MW, Lalackama II is capable of generating approx. 50 GWh per year.
With a total installed capacity of 79 MW, Pampa Norte will be capable of generating more than 200 GWh per year once fully operational

subset: commoncrawl


text:
Pronunciation: kuulama
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Two #Louisiana National Guardsmen charged with theft in recruiting bonus scheme |
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Gwinnett, Button (1735?–1777), an American Revolutionary War patriot and signer of the Declaration of Independence. Gwinnett came to America from England sometime before 1765, when he established a plantation on St. Catherines Island, Georgia. He was elected to the Continental Congress in 1776. In 1777 he was briefly governor of Georgia. He was killed in a duel.
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Saturday, May 23, 2015
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Staff Reporter
Association members to meet YSR and seek his cooperation
HYDERABAD: The Telangana B.Ed Colleges Managements Association has requested the Government for the conversion of the leftover seats in mathematics and physical sciences methodologies to social sciences and biological sciences.
"Lot of seats in these two methodologies are vacant and colleges should be allowed to convert them for their survival," S. Prabhakar Reddy, president of the association, said at a meeting of the colleges held on Thursday.
He said the demand for mathematics and physical sciences had come down this year and B.Ed colleges were no more viable to run.
Every college would have six seats in the mathematics stream and three seats in physical sciences stream under the management quota.
He said the representatives would meet Chief Minister Y.S. Rajasekhara Reddy and seek his cooperation. He also wanted the Government to streamline the academic year of the B.Ed course. Members of the Southern Regional Committee of the National Council for Teacher Education (NCTE) S. Sandeep and Shiva Reddy also spoke.


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Tech Helproom
It's free to register, to post a question or to start / join a discussion
Convert printer to wireless
Likes # 0
Posted December 18, 2012 at 11:51AM
I have a simple network with a wireless router (Orange - Wanadoo B8C0) directly connected by a LAN to a desktop comp (used as an email station), and a wireless laptop running Win7. I want to dump the desktop unit but my printer (an HP F380) is connected to it via a USB cable. I can print from the laptop - presumably via the router and desktop. I don't want a USB cable running from the printer to the laptop so is there any other way I can run the printer wirelessly from the laptop? There is a USB port on the router but I can't find out what it's for (Orange acquired the Wanadoo routers when they took over and don't know anything about them!) The printer and router are side by side.
Likes # 0
Posted December 18, 2012 at 12:51PM
A bit more info on the router would be useful as nothing comes up in Google from your posted info.
You cannot run that particular printer wirelessly as it is not supported.But have a look at this http://www.youtube.com/watch?v=g7v5VGO6SAg
Likes # 0
Posted December 18, 2012 at 12:58PM
Until I changed over to the Orange Brightbox recently I had a Livebox - there was a usb live printer port on the livebox - could this be what you are referring to. I connected my printer to that and it was available as a live printer via the router.
Information from Orange on this here.
Unfortunately it is not available now on the Bright Box, neither is VOIP but I had to change to it when migrating to Fibre Optic broadband last week.
Likes # 0
Posted December 18, 2012 at 3:13PM
Brilliant difarn - all connected and printing off the router - cheers.
Likes # 0
Posted December 18, 2012 at 3:16PM
Good news - glad it works.
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Gulf Coast in a H26
Having only sailed on lakes to this point, how plausible is it to sail the Gulf Coast, Nov-April, in a H26? Would like to do that while looking for a liveaboard boat when I retire (Sept 06). Seems like it would be a good way to get a feel for what I want in a bigger boat. Would be starting out from Mobile, after coming down from the Tennessee River system.
Gulf Coast in a H26
Forgot to mention, I''ll be singlehanding.
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UT student, cancer survivor trains for half-marathon
Updated: 03/26/2009 - It's not only a race against cancer, but a race to the finish line for one woman training for the Knoxville marathon.
Updated: 03/26/2009 - It's not only a race against cancer, but a race to the finish line for one woman training for the Knoxville marathon.
Posted: 01/31/2008 - A man wanted for murdering a homeless man in Yakima, Washington, is under arrest in Monroe County.
Updated: 01/31/2008 - City leaders say protecting the community from crime is at the top of their list when considering the city budget.
Updated: 01/31/2008 - The Sevier County Sheriff is drawing criticism for taking a campaign contribution from a convicted felon, just days before the primary.
Updated: 01/31/2008 - Ways to prevent your child from getting the cold and missing school.
Posted: 01/31/2008 - An Asheville, North Carolina man will be extradited to Sevier County, where he will face charges for two armed robbery.
Updated: 01/31/2008 - With each minute that passes, there is less time remaining until Sunday's kickoff of Super Bowl XLII in Glendale, Arizona.
Posted: 01/31/2008 - Republican leaders are proposing legislation they hope will further combat drunken driving in Tennessee.
Updated: 01/31/2008 - Gary Michael Hilton was sentenced today to life in prison without parole after pleading guilty to murder in the beating-death of a young woman hiker in the north Georgia mountains.
Posted: 01/31/2008 - Whirlpool Corp. says it is closing its refrigerator plant in La Vergne, eliminating about 500 jobs and moving the work to an Arkansas plant.
Posted: 01/31/2008 - Night Of Nights: Todd Helton's No. 3 Retired At Tennessee's Lead-Off Banquet...
Updated: 01/31/2008 - A U.S. monitoring group says an Islamist militant Web site has announced the death of the al-Qaida commander in Afghanistan, Abu Laith al-Libi.
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Posted: 01/31/2008 - A three month long narcotics investigation led to a major bust in Union County Tuesday.
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text:
Spinal Headaches Center - Newport News, VA
WebMD Physician Directory
Newport News, Virginia
Spinal Headaches
Introduction to Spinal Headaches
A spinal headache can occur as a result of a procedure such as a spinal tap (lumbar puncture) or epidural block (such as that performed during a woman's labor and delivery). In these procedures, a nee...
Other Related Spinal Headaches Articles
Emergency Contact for Newport News
Nearby Newport News Hospitals *
Riverside Rehabilitation Inst
Riverside Behavioral Health Ctr
Sentara Careplex Hospital
VA Medical Center
Riverside Regional Medical Ctr
633 Medical Group
Naval Medical Center
Depaul Medical Center
Sentara Norfolk General Hosp
Children's Hosp King's Daughter
Bon Secours Maryview Med Ctr
Harbor Point Behavioral Health
Mary Immaculate Hospital
Lake Taylor Transitional Care
Mcdonald Army Health Center
Kempsville Center Behavrl Hlth
Sentara Leigh Hospital
St Mary's Home Disabled Child
Sentara Obici Hospital
Newport News Behavioral Health
Chesapeake Reg Med Ctr
Sentara Princess Ann Hospital
Virginia Beach Psychiatric Ctr
Sentara Virginia Beach Gen Hosp
Eastern State Hospital
Riverside Walter Reed Hospital
Sentara Williamsburg Reg Med Ct
South Hampton Memorial Hospital
*Provider Directory Terms of Use:
The WebMD 'Provider Directory' is provided by WebMD for use by the general public as a quick reference of information about Providers. The Provider Directory is not intended as a tool for verifying the credentials, qualifications, or abilities of any Provider contained therein. Inclusion in the Provider Directory does not imply recommendation or endorsement nor does omission in the Provider Directory imply WebMD disapproval.


text:
- Published: Universal City, CA : Universal, [2005]
- Year Published: 2005
- Edition: Widescreen
- Description: 1 videodisc (153 min.) : sd., col. ; 4 3/4 in.
- Language: English
- Format: DVD
- Rated:
ISBN/Standard Number
- 1417022078 :
- 025192594427
Additional Credits
- Hackford, Taylor, 1945-
- Foxx, Jamie.
- Washington, Kerry, 1977-
- King, Regina.
- Powell, Clifton.
- Lennix, Harry J.
- Edelman, Pawel, 1958-
- Armstrong, Craig.
- Charles, Ray, 1930-2004.
- Universal Pictures (Firm)
- Charles, Ray, -- 1930-2004. -- Drama.
- Blind entertainers -- Drama.
- Feature films.
- Video recordings for the hearing impaired.
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Call number: DVD Drama Ray
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Additional Details
Originally released as a motion picture in 2004.
Special features: Extended version with additional footage; uncut music performances; 14 deleted scenes, featurettes.
Jamie Foxx, Kerry Washington, Regina King, Clifton Powell, Harry Lennix, Bokeem Woodbine, Aunjanue Ellis, Sharon Warren, C.J. Sanders.
Ray Charles went blind at the age of seven. Inspired by his mother who insisted he make his own way, he found his calling at the keyboard. 'Ray' follows as he overcomes drug addiction while becoming one of the country's most beloved performers.
DVD, region 1 ; Widescreen ; Dolby Digital 5.1 surround, dual-layers, double-sided.
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Tom Moon has been writing about pop, rock, jazz, blues, hip-hop and the music of the world since 1983.
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A saxophonist whose professional credits include stints on cruise ships and several tours with the Maynard Ferguson orchestra, Moon served as music critic at the Philadelphia Inquirer from 1988 until 2004. His work has appeared in Rolling Stone, GQ, Blender, Spin, Vibe, Harp and other publications, and has won several awards, including two ASCAP-Deems Taylor Music Journalism awards. He has contributed to NPR's All Things Considered since 1996.


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Cheap ACV to Cape Lisburne flights
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December 31, 2014 - Industry News
FRP Holdings Inc. announced Tuesday its board of directors unanimously approved the separation of its freight transportation business, Patriot Transportation Holding Inc., soon to be known as New Patriot, from its real estate business.
Tags: Fleets, Patriot Transportation, Florida Rock & Tank Lines
August 26, 2014 - Industry News
The parent company of bulk tanker carrier Florida Rock and Tank Lines filed papers a few days ago to spin off the trucking business into a new holding company that is separate from its real estate ventures.
May 8, 2014 - Industry News
Patriot Transportation Holding on Wednesday said it plans to separate its transportation business, the trucking company Florida Rock & Tank Lines, from its real estate businesses.
Tags: Fleets, Patriot Transportation
February 4, 2014 - Industry News
The parent to liquid and dry bulk carrier Florida Rock and Tank lines reports earnings in the final three months of last year fell 25% from a year earlier, despite an increase in revenue.
Tags: Fleets, Earnings, Patriot Transportation
December 4, 2013 - Industry News
The parent to liquid and dry bulk hauler, Florida Rock & Tank Lines, has reported a huge increase in income for its fiscal fourth quarter as well as for its fiscal year.
May 6, 2013 - Industry News
Several mainly truckload fleets have released first quarter results, with USA Truck and Frozen Food Express reporting narrower losses from a year ago, while Covenant Transport's widened, P.A.M. Transportation went from a profit to a loss, and Patriot Transportation showed a bigger profit.
Tags: Covenant Transport, Earnings, USA Truck, Patriot Transportation, P.A.M. Transportation, Frozen Food Express, FFE, Fleet Financials
February 6, 2013 - Industry News
Recent financials from two different fleets show very different results, but both mentioned their success in adding drivers and cutting down on unseated trucks.
Tags: Fleet Financials, Fleets, USA Truck, Patriot Transportation
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The 2014 Florida Legislature passed new legislation related to the operation and development of condominiums, homeowners associations, cooperatives, and timeshares. Below is a summary of those changes. Four bills are referenced in our materials, as noted below:
A. Condominiums (Chapter 718)
a. Mandatory nonbinding arbitration, in § 718.112(k) (§ 1, CS/CS/SB 440).
b. Permission in § 718.112(2)(l) for an association that is not in compliance with requirements for a fire sprinkler system to vote to forego retrofitting of such a system by December 31, 2016. If a residential condominium association is not in compliance and has not voted to forego retrofitting, it must initiate an application for a building permit for such work demonstrating that it will be compliant by December 31, 2019 (§ 1, CS/CS/SB 440).
c. The requirement that the board must adopt hurricane shutter specifications under § 718.113(5) (§ 2, CS/CS/SB 440).
d. The provisions for alternative dispute resolution in § 718.1255, unless the declaration of a nonresidential condominium provides otherwise (§ 3, CS/CS/SB 440).
e. The requirement in § 718.403(2)(a) that modifications to the plot plan of a phase condominium be limited to changes described in the declaration (§ 4, CS/CS/SB 440).
f. The requirements in § 718.403(2)(b)-(f) that a phase condominium must specify certain details in each phase concerning the minimum and maximum number of size of units, recreational areas and facilities, membership votes and ownership in the association, and timeshare estates information (§ 4, CS/CS/SB 440).
g. The filing with the Division by the developer of the declaration and amendments adding phases under § 718.403(8) (§ 4, CS/CS/SB 440).
B. Homeowners Associations (Chapter 720)
C. Cooperatives (Chapter 719)
D. Timeshares (Chapter 721)
E. Other Bills Having an Impact on Community Associations
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Carlton Fields Jorden Burt
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For many of us, cultivating a spiritual existence is vital to living a balanced and healthy life. Spirituality can contribute significantly to health and healing, contentment of mind, improved relationships and connection with community. It's about looking beneath the surface of things and finding ways to be in touch with the beauty and subtlety of life. During your Canyon Ranch stay, allow our experienced spiritual service providers to help you explore and connect more deeply with what brings meaning, value and purpose to your life.
Learn more about our spiritual wellness providers.
Embarking upon your spiritual journey at Canyon Ranch requires no specific religious affiliation, nor does it encourage giving up any beliefs. Wherever you are along this path, you'll find caring support all around you, and endless opportunities for exploration as you embrace the power to exponentially enhance your life.
Our beautiful spiritual oasis, with its inviting Sanctuary and Meditation Garden, is the ideal place to begin or deepen a spiritual practice – or enjoy a peaceful moment.


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TheSpread is Pleased to Welcome GTBets as Our Newest Sportsbook Sponsor!
Limited Time Offer - Free $20 Bet Just for Signing Up! Don't Miss Out on Free Money, This Offer Will Expire Soon Click Here to Get Your Free $20 Bet
Thursday Service Plays
Re: Thursday Service Plays
Wunderdog NCAA
Game: Portland State vs. Kansas (12:25 PM Eastern)
Pick: 3 units on Game Total UNDER 145.5 -110 (risk 3 to win 2.7)
Game: Temple vs. Michigan State (12:30 PM Eastern)
Pick: 3 units on Temple +7.5 (-110) (risk 3 to win 2.7)
Game: U N L V vs. Kent State (2:55 PM Eastern)
Pick: 3 units on Kent State -2 (-110) (risk 3 to win 2.7)
Game: Oral Roberts vs. Pittsburgh (3:00 PM Eastern)
Pick: 3 units on Oral Roberts +8.5 (-110) (risk 3 to win 2.7)
Game: Winthrop vs. Washington State (7:20 PM Eastern)
Pick: 3 units on Game Total UNDER 112 -110 (risk 3 to win 2.7)
Game: B Y U vs. Texas A & M (7:25 PM Eastern)
Pick: 3 units on Texas A & M -1 (-110) (risk 3 to win 2.7)
Game: Mississippi Valley State vs. U C L A (9:55 PM Eastern)
Pick: 4 units on Game Total UNDER 123.5 -110 (risk 4 to win 3.6)
Re: Thursday Service Plays
Stu Feiner
Two 5000 Dime Bankroll Builders
Baylor +3 over Purdue
Temple +7.5 Michigan State
Arizona +2.5 over West Virginia
Notre Dame -6.5 over George Mason
Baylor is 5-0 ATS in their last five neutral site games as an underdog as they take on Purdue in the first round of the tourney. The Bears have the up tempo game to give Robbie Hummel and the Boilers a run for their money. The Bears are 8-1 ATS in their last 9 neutral site games and are 13-3-1 ATS in their last 17 games as an underdog of 0.5-6.5. They are 5-2 ATS in their last 7 games overall as well. As for Purdue, they are 2-5 ATS in their last seven against the Big 12 and are 1-4 ATS in their last five neutral site games as a favorite. Purdue will lose this one outright to Baylor.
The Owls are 6-0 ATS in their last six games following a win as they take on Michigan St today. The Owls have Dionte Christmas, a guard who can go toe to toe with Neitzel of the Spartans. The Owls are 8-1 ATS in their last nine games as an underdog and are 13-3 ATS in their last 16 games against a team with a winning record, and are 4-1-1 ATS in their last 6 NCAA Tournament games. They have covered 19 of 26 overall and have just the team to upset Michigan St. The Spartans are jekyll and hyde this year, beating teams like Texas and losing to Iowa. I love Temple today.
Arizona is 6-1 ATS in their last seven NCAA Tournament games as they take on West Virginia tonight in opening round play. The Wildcats want to prove they belong after hearing all this crap about how they don't belong. The fact is that the Wildcats were 16-4 with Bayless and Wise healthy. They certainly matchup well with West Virginia on the outside, and now have to just contain Alexander. The Wildcats are 6-2-1 ATS in their last nine non-conference games. They are 16-7 ATS in their last 23 neutral site games and will beat West Virginia outright.
Notre Dame is 4-0 ATS in their last four games as a favorite of 0.5-6.5 as they lay six against George Mason tonight. The Fighting Irish are 4-1 ATS in their last five games as a favorite and are 5-2 ATS in their last seven games overall. The Patriots are 2-5-1 ATS in their last eight games overall and are 1-4 ATS in their last five games as an underdog of 0.5-6.5 and are 1-5 ATS in their last six non-conference games. What a matchup down low with Will Thomas of G Mason and Luke Harangody of Notre Dame. I give the edge to Harangody and the Irish tonight.
Re: Thursday Service Plays
Bob Balfe
College Basketball
Michigan State -7.5 over Temple
Temple has made a nice run winning the A10 Tourney, but Michigan State has a hall of fame coach that will have his players ready. State rebounds the ball better and should put the Owls away.
Baylor +3 over Purdue
A lot of critics have Baylor as the last team into this tourney. Purdue played well this year, but against a weak schedule and are a young team. Baylor can shoot the ball well and should come out with the small upset.
Oral Roberts +8.5 over Pitt
The linemakers know what they are doing. 90% of the public are all over Pitt because the line is under 10. Both teams play tough physical grind it out basketball. Pitt could win by 5 and it would only look close on the scoreboard.
Cornell/Stanford Over 136
This is not a spelling bee. These teams actually are more than just brainiac schools. Cornell can shoot the ball well from the 3pt line and they are great at making foul shots. In the end Stanford should win, but both teams are going to put up a good number of points.
Upset Pick 11 over 6 seed
Kansas State +3.5 over USC
These teams are mirror images of each other except USC is very young. Both teams have great freshman stars. Beasley is amazing and will carry this team to at least one win before he heads up to the NBA. USC should turn the ball over due to inexperience. This might just be the highest seed to win outright today.
CS Fullerton/Wisconsin Over 136.5
You have to love CS Fullerton. They have a great offense and a horrible defense. Wisconsin does not light the scoreboard up, but they have the size advantage and should work Fullerton tonight. Both teams live at the foul line so this might be the last game to get finished this evening. When the clock is always stopping tons of points are scored.
Notre Dame -6.5 over George Mason
The Irish lost a first round game last year to Winthrop and have been waiting for this spot. George Mason is living off what they did three years ago when the reached the final four. This team is not as good and should get handled pretty easily tonight.
Mississippi Valley State +31.5 over UCLA
Miss Valley has no shot at winning this game. However I do not think its smart of UCLA to publicly admit that they will use this game to rest some of their injured players. UCLA has struggled a bit down the stretch winning games at the buzzer. There is no need to run up the score and get someone else injured. Look for the Bruins to coast, but running up the score is the last thing they need to do.
Re: Thursday Service Plays
Scott Spreitzer's NCAA First Round Game of the Year! (**Day**)
My 1st Round GOY is a play on Temple, plus points over Michigan State. There's a lot of talk over the past several years about 12-seeds and their decent success against 5-seeds. The lower seeded team has actually won outright 14 times over the past 10 tournaments. I love the switch by Fran Dunphy from John Chaney-zone-schemes, to the tempo-forcing, man-to-man, they play now. It's that in-your-shirt style that will wreak havoc on Michigan State's underwhelming backcourt. Drew Neitzel has never reached the hype he received when he first landed on campus, and his only real serious help is a freshman...Keith Lucas. The two will have to square off against Temple's huge backcourt. Dionte Christmas and Mark Tyndale both go 6'5, and the two combined for over 36 PPG this season. In the paint, the Owls are getting solid play from Lavoy Allen, who can take big-man defenders off the dribble when needed. He's also built for the kind of physical style Michigan State tries to employ. Also, while Temple has gone on a money-making 16-5 srpead run over the last 21 games, Michigan State has stumbled away from home, losing six of their last eight outside of East Lansing. I expect Temple to win this one outright, but my play is to grab the points for insurance. My 1st Round GOY is a play on the Temple Owls, plus points on Thursday.
Re: Thursday Service Plays
Our 3 selections include Fullerton State, BYU and Washington State.
Our 3 selections include Kent State, Michigan State and Stanford.
At 12:20 pm, our selection is on the Xavier Musketeers minus the points over Georgia, as Xavier falls into systems of mine that are 48-14, 46-12, 57-10, 45-11, 37-7, 20-2 87-52, and 74-34, 45-15, 13-0 and 21-0 ATS.
At 3 pm, our selection is on Oral Roberts University plus the points over the Pitt Panthers, as Pitt falls into a negative 0-21 ATS system which goes against certain teams off three straight upsets, provided they are NOT getting 15+ points, and their foe is NOT off back-to-back SU/ATS wins.
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Be a part of the solution. Your donation of any size will support our efforts to combat hypoxia, and improve the ecological, cultural, and economic well-being of Louisiana, the nation, and the world. Help us fuel innovation and achieve our ambitious goal by supporting the competition. Together we can create positive change that improves lives for years to come.
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Queen Elizabeth II and family
1 portrait of Princess Anne
© Camera Press; On loan from American Friends of the National Portrait Gallery (London) Foundation, Inc.: Gift of Mr. Ford Hill.
Queen Elizabeth II and family
by Desmond Groves
bromide print, 1972
12 in. x 9 1/2 in. (304 mm x 241 mm) overall
acquired Camera Press, 1976
Photographs Collection
NPG x133278
Click on the links below to find out more:
Artistback to top
- Desmond Groves, Photographer. Artist of 7 portraits.
Sittersback to top
- Prince Andrew, Duke of York (1960-), Second son of Queen Elizabeth II. Sitter associated with 35 portraits, Artist of 5 portraits.
- Princess Anne (1950-), Equestrian sportswoman; daughter of Queen Elizabeth II, Princess Royal. Sitter in 114 portraits.
- Prince Charles (1948-), Prince of Wales. Sitter in 141 portraits.
- Prince Philip, Duke of Edinburgh (1921-), Consort of Elizabeth II. Sitter associated with 209 portraits.
- Prince Edward Antony Richard Louis, Earl of Wessex (1964-), Third son of Queen Elizabeth II. Sitter in 26 portraits.
- Queen Elizabeth II (1926-), Queen regnant. Sitter associated with 909 portraits.
Subjects & Themesback to top
Exhibitions and displays
- Snowdon: A Life in View
Until 21 June
- Curators' Choice: Photographs from the Terence Pepper Gift
Until 24 January 2016


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I'm new on the rap scene, brothers never heard of me
Yet I'm a menace, yo, police wanna murder me
from Nas – One Time 4 Your Mind Lyrics on Genius
Here, Nas displays some of the nuanced street poetry that made this album famous. On the surface level, he's saying that he's just breaking into the rap game but he's a force to be reckoned with. However, look deeper and you find a bleak look at the state of blacks in relation to law enforcement.
Nas contrasts the way he is viewed by his peers with the view held by police and/or white society. How can a young, unknown rapper be at the same time a ruthless villain? It appears that Nas is commenting on the brutality of police officers against those who have in actuality caused little harm.
To help improve the quality of the lyrics, visit Nas – One Time 4 Your Mind Lyrics and leave a suggestion at the bottom of the page


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The commercial production of formaldehyde was first started in Germany in the 1880s but the development of a methanol synthesis route in the 1920s gave the spur to the development of large-scale manufacture. Today there are two main routes: oxidation-dehydrogenation using a silver catalyst involving either the complete or incomplete conversion of methanol; and the direct oxidation of methanol to formaldehyde using metal oxide catalysts (Formox process).
In the silver catalyst route, vapourised methanol with air and steam is passed over a thin bed of silver-crystal catalyst at about 650oC. Formaldehyde is formed by the dehydrogenation of methanol. The heat required for the endothermic reaction is obtained by burning hydrogen contained in the off-gas produced from the dehydrogenation reaction.
The other route involves the oxidation of methanol over a catalyst of molybdenum and iron oxide. A mixture of air and methanol is vapourised and passed into catalyst-packed reactor tubes. The reaction which takes place at 350oC is highly exothermic and generates heat to provide steam for turbines and process heating.
Perstorp offers a high pressure version of the Formox process which can be retrofitted to existing plants to boost capacity. The high conversion rate of the Perstorp process eliminates the need for methanol recovery via distillation and it can produce formaldehyde at concentrations up to 57%.
Yields from both processes are around 90% to 92% but the oxidation route has a lower reaction temperature and the metal catalyst is cheaper than silver. However, the partial oxidation-dehydrogenation route is still the most prevalent.
A wide range of alternative feedstocks have been considered but not found to be economic. For example, a tiny amount is produced from the non-catalytic oxidation of propane-butane mixtures. Formaldehyde can be produced from methane but a mixture of products needs to be separated. It is also a byproduct of the oxidation of naphtha to acetic acid.
Consumption of formaldehyde depends mainly on the construction, automotive and furniture markets. In the developed world, growth in demand will typically track gross domestic product (GDP) although it will be strongly correlated to the construction industry.
More about Formaldehyde Uses and Outlook
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Teddy Bear Hospital near Boston?
posted at 4/20/2009 11:23 AM EDTyou might try a seamstress - my aunt makes drapes and home furnishings, but in the past has made all the kids in the family toys of some sort including bears and dolls. Also, someone with experience in upholstry might be of help. They would know how to use those curvy needles for inverted seams. And before they close, you might call Fabric Place to see if they can recommend someone in the area specifically (even someone on staff might know how to help herself).
Teddy Bear Hospital near Boston?
posted at 4/20/2009 11:23 AM EDT
Does anyone know of a teddy bear hospital near Boston that is able to repair a hole in a bear's neck/head area?
A close friend of mine (OK, it's me) made a recent discovery, is incredibly upset, and needs some emergency care for a 30+ year old companion. Build a Bear and Vermont Teddy Bear only repair their own bears- mine is a Paddington.
Any suggestions would be much appreciated.


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I have to start off by saying this thing is a BEAST
I got a very good deal on a second hand 2011 summit in mint condition
I allready have a track around my house which i used to drive my Axial scx10 on. But now i need to make a new track... Its to easy with this beast
Now for my questions.
Do i need to get a lipo cutoff to use lipo batteries? or is it built in the esc? ( evx-2 esc )
Is there a way to turn off that i have to push rewers 2 times to make it go backwards?
I have a computer charger and i was wondering if it is possible to use a parallel connector on the stock batteries to charge them as 1?
Lots of questions here but just trying to learn