Wednesday, August 17, 2016

Colorado: Judge in Boulder Rape case threatened with recall, though may not be allowed under state law

This one is similar to the Judge Aaron Persky case -- with a lenient sentence resulting in complaints against Judge Patrick Butler. An online petition has gotten 20,000 signatures looking for Butler's ouster. However, the prevailing legal opinion is that judges in Colorado are not subject to recall (they are appointed by the governor and subject to retention elections). Colorado law subjects all elected officials to recalls, and I wonder whether the retention election may push judges into the "elective" category. Probably it would be thrown out by a judge, but it is always a possible avenue.

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