Poll finds division on whether it hurt U.S. judicial system

By Michele Ames
Denver Rocky Mountain News Staff Writer

Nearly half of all Coloradans believe public confidence in the judicial system was weakened by the U.S. Supreme Court's involvement in the presidential election, a recent poll found.

But the same poll found that a slightly higher percentage also believe the court ruled on the law, not from political motivation.

The latest Colorado News Poll paints a divided picture of the public's perception of the court's role in the election. The poll was conducted for the Denver Rocky Mountain News and News4 by Talmey-Drake Research & Strategy of Boulder.

Overall, 49 percent of those polled thought that public confidence in the judicial system was lowered by the court's involvement. Another 30 percent thought there was no change in the public perception.

"Given an option, I'm sure the courts would rather not have gotten involved," said Bob Beauprez, chairman of the Colorado Republican Party. "But when the courts were basically forced to step in, they were destined to get soiled."

About 52 percent of those polled said they thought court justices stuck to the letter of the law when making their decision. In contrast, 35 percent thought personal politics drove the judicial decision.

"The court system just sort of got beaten up during the election," said Paul Talmey, president of Talmey-Drake. "Still, there was so much said about it being all politics, yet we find the public is saying it was the proper interpretation of the law. Given all the media playing it the other way, that's surprising."

State Sen. Mike Feeley, D-Lakewood, the outgoing Senate minority leader, said attorneys would have been tougher on the high court.

"You probably would have had a different result if only attorneys were polled," said Feeley, himself an attorney. "The Supreme Court has, from a legal perspective, subjected itself to some criticism by attorneys, by commentators, by legal scholars. ... Without sounding too patronizing, it's very difficult for the public to understand the complicated legal issues."

The poll, a telephone survey of 605 Coloradans done in mid-December with a margin of error of 4 percentage points, held few other surprises in typically Republican-dominated Colorado.

Of those polled, 52 percent thought President-elect Bush handled himself better during the court wrangling, while 21 percent thought Vice President Al Gore was more the statesman.

"I don't think anyone distinguished themselves in the process," Feeley said.

Fifty-seven percent thought the court's decision to stop the hand count in Florida was the right way to go. Only 37 percent thought the hand count should have been allowed to continue.

Poll results also reflected the public divide highlighted by election results that left the U.S. Congress in a near deadlock and gave the Colorado Democrats narrow control of the state Senate after 40 years of Republican dominance.

Respondents were asked whether Congress will be able to work together to accomplish goals or whether partisan gridlock will stall progress. Results show a nearly even divide, with 46 percent believing lawmakers can work together and 45 percent saying partisan bickering will keep progress to a minimum.

Contact Michele Ames at (303) 892-2327 or amesm@RockyMountainNews.com. Staff writer Nancy Mitchell contributed to this report.