The Dubofsky Law Firm, P.C.

1000 Rose Hill Drive

Boulder, Colorado 80302-7148

Telephone (303) 447-3510

Jean E. Dubofsky Fax (303) 447-2801
Frank N. Dubofsky E-mail jeandubofsky@comcast.net

August 30, 2010

Supreme Court Nominating Commission

Chief Justice Mary Mullarkey, Ex Officio Chair
101 West Colfax, Suite 800
Denver, CO 80202

Re: Reference letter for Monica M. Marquez, applicant for Colorado Supreme
Court vacancy

Dear Members of the Nominating Commission:

I am pleased to provide this letter in support of the application of Monica M. Marquez

who is seeking appointment as a justice of the Colorado Supreme Court.

I met Ms. Marquez’ parents nearly forty years ago when her father began work with
Colorado Rural Legal Services while I was working with the program. Fifteen years later,
because I was a graduate of Stanford University, her father asked me if I thought a Stanford
education for her was worth the price. One can see that Ms. Marquez made good use not
only of the opportunities she had growing up in Grand Junction but also the opportunities
that Stanford and Yale Law School provided. I’ve kept up with her since she moved to
Denver for a clerkship with Judge David Ebel of the U.S. Court of Appeals for the Tenth
Circuit. In particular, I’ve worked on several cases where she provided superb briefing,
argument and/or advice for the Attorney General’s office, including congressional
redistricting, the challenges to voter-approved Amendments 41 and 54 to the Colorado
Constitution, and the current challenge to the amendments to PERA, the government’s
pension system.

Much of Ms. Marquez’ work has been at the appellate level, handling both criminal and
civil cases. Her clear and concise writing style reflects Yale Law Journal experience, two
clerkships, years of writing appellate briefs, and a willingness to work very hard. Research and
writing skills are the skills that are most relevant for an appellate judge. She understands the
patience and discipline it takes to write well. And the opinions that she would write will reflect well
on the court’s reputation for quality work.

An important aspect of work as an appellate judge is the ability to work collegially with
other people. Ms. Marquez’ resume reflects her willingness to help her colleagues in the
Attorney General’s office by editing briefs or providing moot court assistance. The Supreme
August 30, 2010
Page 2

Court opinions are better if members of the court assist the author, and Ms. Marquez’
modesty, willingness to spend time on work for which she will not receive credit, and her
good nature make her a perfect fit for this aspect of the court’s work. In addition, over the
years she has worked with numerous groups of people from different backgrounds and has
served as a dependable board member for many organizations. This background is useful
for the variety of boards that the justices chair.

Perhaps of greatest importance, Ms. Marquez has very good judgment. Courts are
only as “fair” as the individuals who serve on them, and Ms. Marquez would be a fair and
impartial judge. She has worked with poor people in inner cities, farm workers and
sophisticated clients of a major law firm. She is patient and compassionate. She
understands the way the law should work and the difficult decisions that attorneys make
when they decide to pursue one theory rather than another. She is someone who will
decide a case that the parties bring to the court, not someone who will actively look for her
own approach to the case or for a particular result.

Ms. Marquez is relatively young. The members of the court that Ms. Marquez would
join, with one exception (Justice Eid, who was appointed at age 41, is 44), are all in their
sixties. I was age 37 when I was appointed to the Supreme Court in 1979, at least twenty
years younger than most of my colleagues. I thought then – and I think it true for Ms.
Marquez as well – that I brought a different perspective to the court. The practice of law
(which the court regulates) and perspectives on the issues before a court change over time.
Appellate courts are stronger if their members come from various backgrounds, and the
variety should include age.

Moreover, four of the justices’ law practices were primarily if not exclusively criminal
law practices. Ms. Marquez would be replacing the chief justice who is known for her
expertise in government law, and Ms. Marquez would bring to the court sophistication about
the numerous cases that involve, for example, TABOR, ballot titles, election issues, voter-
initiated constitutional amendments, property tax, public pensions, labor law, and regulations
issued by a wide variety of state agencies. The court’s decisions that affect the most people
are in these areas, and it is especially important that the person who replaces the chief
justice be knowledgeable about government issues.

I whole-heartedly recommend Ms. Marquez for appointment to the Colorado

Supreme Court. If I can provide further information, please do not hesitate to contact me at
the above telephone number or email address.

Sincerely,

Jean E. Dubofsky