Kennedy up for retention

April 15, 2002

By Bill Hethcock

Instead of hearing cases or issuing legal rulings, Judge Tom Kennedy spent much of Friday defending himself. It's retention time in the 4th Judicial District - when lawyers, litigants, jurors and defendants get a chance to turn the tables and judge the judges. Kennedy's critics emerged Thursday night in a hearing before the Judicial Performance Commission, prompting the judge to spend the next day preparing a response for the commission that will recommend whether he should remain on the bench. Kennedy's detractors came from groups representing police officers and parents and from an individual who advocates jury reform. They gave wide-ranging reasons for wanting him ousted. He was the only judge heavily criticized in the hearing before the Judicial Performance Commission. The Colorado Springs Police Protective Association submitted a letter saying Kennedy should not be retained because he lacks respect for officers who testify in his courtroom. It was the first time in the association's 30-year history the executive board has opposed the retention of a district court judge, said Steve Noblitt, a representative for the 750-member group.... The leader of a judicial watchdog group that collects information in divorce and child custody cases criticized Kennedy in the public hearing. Julie Hatton of the Citizen's Judicial Review Committee said Kennedy shows favoritism toward certain attorneys, parents, social workers, counselors and other professionals in his courtroom. He bases his rulings on friendships and personalities instead of the law, Hatton said. Judges are appointed by the governor and face a retention election after two years on the bench, then every six years after that.

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