Robert L. McGahey Jr.: Difference between revisions
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==Noteworthy cases== | ==Noteworthy cases== | ||
===Colorado Gov. Jared Polis executive order on temporary initiative rules=== | ===Colorado Gov. Jared Polis executive order on temporary initiative rules=== | ||
::''See also: [[Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020- | ::''See also: [[Changes to ballot measure campaigns, procedures, and policies in response to the coronavirus (COVID-19) pandemic, 2020-2022|Changes to Colorado ballot initiative process due to COVID-19]]'' | ||
On May 17, 2020, Colorado Governor [[Jared Polis]] (D) signed [https://drive.google.com/file/d/1a5cIO1m4o8-L9H--PLjRUFAXy96criDD/view Executive Order D 2020 065], which authorized the Colorado Secretary of State to establish temporary rules allowing for ballot initiative petitions to be signed through mail and email. The rules were expected to be finalized in early June. Prior to the order, petition circulators were [[Laws governing the initiative process in Colorado#Collecting_signatures|required to witness the act]] of each physical signature. The order also temporarily suspended [[Laws governing the initiative process in Colorado#Deadlines_for_collection|the state law]] requiring signatures to be submitted six months after ballot language finalization. Under the order, signatures for 2020 Colorado initiatives {{Greener | start =8/3/2020 9:30pm MST | before = are|after = were}} due by August 3, 2020.<ref>[https://www.colorado.gov/governor/news/gov-polis-signs-executive-orders-protect-access-ballot-ensure-elections-can-proceed-safely ''Colorado Governor Jared Polis'', "Gov. Polis Signs Executive Orders to Protect Access to Ballot & Ensure Elections Can Proceed Safely," accessed May 18, 2020]</ref> Colorado Concern, a nonprofit organization, filed a legal complaint in Denver District Court against Governor Jared Polis (D) and Secretary of State Jena Griswold (D), alleging that the executive order is unconstitutional and that Polis did not have authority to issue such an order.<ref>[https://www.coloradoconcern.com/wp-content/uploads/2020/05/Complaint.pdf ''Colorado Concern'', "Lawsuit against Polis' executive order," accessed May 19, 2020]</ref> Due Date Too Late, proponents of the [[Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020)|22-week abortion ban initiative]], also filed litigation against Polis' order, alleging that the order discriminates against their campaign and initiative.<ref>[https://www.denverpost.com/2020/05/19/colorado-abortion-ban-ballot-lawsuit-polis/ ''Denver Post'', "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020]</ref><ref>[https://www.coloradoconcern.com/wp-content/uploads/2020/05/Complaint.pdf ''Colorado Concern'', "Lawsuit against Polis' executive order," accessed May 19, 2020]</ref><ref>[https://www.denverpost.com/2020/05/19/colorado-abortion-ban-ballot-lawsuit-polis/ ''Denver Post'', "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020]</ref> Denver District Judge Robert McGahey ruled on May 27, 2020, that plaintiffs did not show "a reasonable likelihood of success on the merits." McGahey said, "Given the strong culture and history of the initiative and referendum process in Colorado, the injunction sought by the Plaintiffs would harm the public interest by negatively impacting citizens’ fundamental right to initiative and referendum as provided by the Colorado Constitution." The ruling was expected to be appealed.<ref>[https://www.reporterherald.com/2020/05/27/ballot-lawsuit-ruling-polis-colorado-coronavirus/ ''Reporter Herald', "Court upholds Colorado Governor Polis’ power to change ballot initiative rules," accessed May 29, 2020]</ref> | On May 17, 2020, Colorado Governor [[Jared Polis]] (D) signed [https://drive.google.com/file/d/1a5cIO1m4o8-L9H--PLjRUFAXy96criDD/view Executive Order D 2020 065], which authorized the Colorado Secretary of State to establish temporary rules allowing for ballot initiative petitions to be signed through mail and email. The rules were expected to be finalized in early June. Prior to the order, petition circulators were [[Laws governing the initiative process in Colorado#Collecting_signatures|required to witness the act]] of each physical signature. The order also temporarily suspended [[Laws governing the initiative process in Colorado#Deadlines_for_collection|the state law]] requiring signatures to be submitted six months after ballot language finalization. Under the order, signatures for 2020 Colorado initiatives {{Greener | start =8/3/2020 9:30pm MST | before = are|after = were}} due by August 3, 2020.<ref>[https://www.colorado.gov/governor/news/gov-polis-signs-executive-orders-protect-access-ballot-ensure-elections-can-proceed-safely ''Colorado Governor Jared Polis'', "Gov. Polis Signs Executive Orders to Protect Access to Ballot & Ensure Elections Can Proceed Safely," accessed May 18, 2020]</ref> Colorado Concern, a nonprofit organization, filed a legal complaint in Denver District Court against Governor Jared Polis (D) and Secretary of State Jena Griswold (D), alleging that the executive order is unconstitutional and that Polis did not have authority to issue such an order.<ref>[https://www.coloradoconcern.com/wp-content/uploads/2020/05/Complaint.pdf ''Colorado Concern'', "Lawsuit against Polis' executive order," accessed May 19, 2020]</ref> Due Date Too Late, proponents of the [[Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020)|22-week abortion ban initiative]], also filed litigation against Polis' order, alleging that the order discriminates against their campaign and initiative.<ref>[https://www.denverpost.com/2020/05/19/colorado-abortion-ban-ballot-lawsuit-polis/ ''Denver Post'', "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020]</ref><ref>[https://www.coloradoconcern.com/wp-content/uploads/2020/05/Complaint.pdf ''Colorado Concern'', "Lawsuit against Polis' executive order," accessed May 19, 2020]</ref><ref>[https://www.denverpost.com/2020/05/19/colorado-abortion-ban-ballot-lawsuit-polis/ ''Denver Post'', "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020]</ref> Denver District Judge Robert McGahey ruled on May 27, 2020, that plaintiffs did not show "a reasonable likelihood of success on the merits." McGahey said, "Given the strong culture and history of the initiative and referendum process in Colorado, the injunction sought by the Plaintiffs would harm the public interest by negatively impacting citizens’ fundamental right to initiative and referendum as provided by the Colorado Constitution." The ruling was expected to be appealed.<ref>[https://www.reporterherald.com/2020/05/27/ballot-lawsuit-ruling-polis-colorado-coronavirus/ ''Reporter Herald', "Court upholds Colorado Governor Polis’ power to change ballot initiative rules," accessed May 29, 2020]</ref> | ||
Revision as of 16:21, 30 January 2022
Robert L. McGahey, Jr. was a judge for the Second Judicial District Court of Colorado. He served from 2000 to 2020. McGahey was appointed to this position in January of 2000 by former Governor Bill Owens.[1] He was later retained by voters in 2002, 2008 and 2014.[2] [3] He retired from the court on November 2, 2020.[4]
Elections
2014
McGahey was retained to the Second Judicial District with 73.0 percent of the vote on November 4, 2014. [5]
Judicial performance evaluation
The Colorado Commissions on Judicial Performance recommended that Judge McGahey be Retained. The full report is available here.
Education
McGahey received his undergraduate degree from Princeton University and his J.D. from the University of Denver College of Law.[1]
Career
McGahey worked as a private practice lawyer for more than 25 years prior to his judicial appointment in 2000. He has also worked as an adjunct professor at the University of Denver College of Law.[1]
Noteworthy cases
Colorado Gov. Jared Polis executive order on temporary initiative rules
On May 17, 2020, Colorado Governor Jared Polis (D) signed Executive Order D 2020 065, which authorized the Colorado Secretary of State to establish temporary rules allowing for ballot initiative petitions to be signed through mail and email. The rules were expected to be finalized in early June. Prior to the order, petition circulators were required to witness the act of each physical signature. The order also temporarily suspended the state law requiring signatures to be submitted six months after ballot language finalization. Under the order, signatures for 2020 Colorado initiatives were due by August 3, 2020.[6] Colorado Concern, a nonprofit organization, filed a legal complaint in Denver District Court against Governor Jared Polis (D) and Secretary of State Jena Griswold (D), alleging that the executive order is unconstitutional and that Polis did not have authority to issue such an order.[7] Due Date Too Late, proponents of the 22-week abortion ban initiative, also filed litigation against Polis' order, alleging that the order discriminates against their campaign and initiative.[8][9][10] Denver District Judge Robert McGahey ruled on May 27, 2020, that plaintiffs did not show "a reasonable likelihood of success on the merits." McGahey said, "Given the strong culture and history of the initiative and referendum process in Colorado, the injunction sought by the Plaintiffs would harm the public interest by negatively impacting citizens’ fundamental right to initiative and referendum as provided by the Colorado Constitution." The ruling was expected to be appealed.[11]
See also
- Colorado 2nd Judicial District
- Courts in Colorado
- Colorado judicial elections, 2014
- Judicial selection in Colorado
External links
Footnotes
- ↑ 1.0 1.1 1.2 Colorado Judicial Branch, "Robert L. Mcgahey Jr.," accessed September 8, 2014
- ↑ Equal Justice Foundation, "Second Judicial District," accessed September 8, 2014
- ↑ National Center for State Courts, "Methods of Judicial Selection: Colorado," accessed July 13, 2015
- ↑ Fox21 News, "Gov. Polis appoints judges to Dolores County, El Paso County, and 2nd Judicial District Court," September 17, 2020
- ↑ Colorado Secretary of State, "2014 General Election Unofficial Candidate List," accessed September 4, 2014
- ↑ Colorado Governor Jared Polis, "Gov. Polis Signs Executive Orders to Protect Access to Ballot & Ensure Elections Can Proceed Safely," accessed May 18, 2020
- ↑ Colorado Concern, "Lawsuit against Polis' executive order," accessed May 19, 2020
- ↑ Denver Post, "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020
- ↑ Colorado Concern, "Lawsuit against Polis' executive order," accessed May 19, 2020
- ↑ Denver Post, "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020
- ↑ Reporter Herald', "Court upholds Colorado Governor Polis’ power to change ballot initiative rules," accessed May 29, 2020
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Colorado • U.S. Bankruptcy Court: District of Colorado
State courts:
Colorado Supreme Court • Colorado Court of Appeals • Colorado District Courts • Colorado County Courts • Denver Probate Court • Denver Juvenile Court • Colorado Municipal Courts • Colorado Water Courts
State resources:
Courts in Colorado • Colorado judicial elections • Judicial selection in Colorado
