Kirkmeyer Says That as Governor She Plans on ‘Changing Out’ Judges Whose Rulings She Disagrees With

On a radio show yesterday, State Sen. Barb Kirkmeyer says when she is governor, she’s going to be “changing out” judges, referring to those whose rulings on tax policy she doesn’t like.

Colorado governors don’t have any authority to remove judges from the bench. They make appointments of state judges by choosing from three finalists selected for them by an independent judicial nominating commission. Those judges are then retained or removed from office by the voters. The judicial appointment and removal process was established 60 years ago when voters passed Amendment 3.

Kirkmeyer made the campaign promise as part of her weekly appearance on the Mandy Connell Show, during which she offers updates from the legislature. Connell asked her about a bill passed in response to President Trump’s budget bill, which cut taxes, and, therefore, substantial revenue from Colorado’s budget. The proposed law directs the Department of Revenue to adjust the amount of money the state will pay out in future TABOR refunds in light of the reduced revenue received after last year’s refunds were sent to taxpayers. Kirkmeyer acknowledged that the legislature’s ability to make laws that adjust the budget in ways that impact future TABOR refunds has survived judicial scrutiny in that past.

Mandy Connell: “So how are they just increasing taxes without asking?”

Barb Kirkmeyer: “They are moving fees around, increasing fees, because they’re not changing tax policies policy in a way in this year that would increase revenues. It’s in the future. So that’s how they get around TABOR. And they’ve been able to make that work through the court, just so we know. So when I’m governor, we’re changing out these judges. We’re going to get some new judges. They haven’t been serving us very well.“

Kirkmeyer did not immediately respond to an email request for clarification as to which court ruling or specific judges she was referring to, or how she envisions replacing judges given that governors lack the authority to do so. This article will be updated with any response received.