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Colo. Repub. Tries to Impeach Judge over Parental Gay Rights Ruling

The radical right is alive and running amuck in the Colorado legislature. Judicial impeachment hearings are underway for Denver District Court Judge John Coughlin. It is the first such proceeding in 65 years. His "offense" concerns his ruling in a child custody case involving a lesbian couple:

Coughlin was ruling in a custody case between Clark, a Christian, and Elsey McLeod, her former partner, when he wrote that Clark would have sole decision-making over the child's religious upbringing. However, Coughlin barred Clark from teaching the child anything that would be "considered homophobic."

The chief sponsor of the impeachment proceedings is Rep. Greg Brophy, R-Wray who, "before a packed crowd in the Old Supreme Court Chambers, said he couldn't sit idly by when he needed to protect citizens from the "runaway judicial branch."

At least Colorado Governor Bill Owens, also a Republican, is harshly critical of the impeachment effort. But that hasn't been enough to stop it from getting as far as a hearing:

Testifying against impeachment were two former Supreme Court justices, Anthony Vollack and Luis Rovira; Denver District Attorney Bill Ritter; Gerald Marroney, the state court administrator; Denver attorneys Don Bain and Michael DiManna; and former state Rep. Bill Kaufman, R-Loveland, who once chaired the House Judiciary Committee.

...they told the panel, if a lawmaker doesn't like the idea of gay parenting or barring homophobic teaching, they can always sponsor a bill to that effect. Bain said there are three "preferable options" to impeachment: the appeals court, the retention vote judges face every six years and the judicial discipline commission.

Who's supporting Brophy? The Christian Coalition, for one:

Chuck Gosnell, president of the Christian Coalition of Colorado, said Coughlin's ruling in effect recognizes gay divorce and the parenting rights of couples who were never married. He said his organization would work to gain support for impeachment through its members and churches. "Judge Coughlin has clearly shown that the tyranny of the black robe must be stopped here in Colorado," Gosnell said.

Is this really all about one custody case? Or is there an ulterior agenda?

Coughlin is the judge who redrew the state's congressional districts in 2002 after lawmakers failed to agree on new boundaries following the 2000 census. Republican lawmakers then enacted a new map last year but Coughlin's was later upheld by the Colorado Supreme Court. Brophy, a first-term lawmaker, said he didn't realize the connection until after he started working on impeaching Coughlin.

The Judiciary Committee likely won't vote until next week, and if the impeachment effort survives, here's the course that will follow:

If the resolution passes out of the Judiciary Committee, it still has to go to the Appropriations Committee because legislative staffers estimate it would cost $13,000 to $28,000 for the impeachment proceedings. If the resolution passes out of Appropriations, it would go to the full House for two rounds of debate on the articles of impeachment. If the House impeaches the judge, the Senate would then hold a trial.

The judicial system in Colorado has been running in budgetary crisis mode for well over a year. Most court clerks' offices close for lunch and at 4:30. Many Judges don't have law clerks. Employees have been furloughed and forced to take unpaid sick leave. As Colorado Supreme Court Chief Justice Mary Mullarkey said in 2003:

The increasing caseload levels and demands upon the courts compounded with declining resources are placing constant strains on our personnel. We have long since passed the point at which the problem can be solved by simply working harder.

Yet the legislature can't stop a renegade junior representative from wasting $20,000 or more on a spurious impeachment proceeding? Maybe we should send them all packing.

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