Serving Colorado, Promoting Justice

December 14, 2010

The Honorable Harry Reid The Honorable Mitch McConnell

Majority Leader Republican Leader
United States Senate United States Senate
Room S-221, The Capitol Room S-230, The Capitol
Washington, DC 20510 Washington, DC 20510

Re: Request for Confirmation of William J. Martinez to the United States District
Court for the District of Colorado

Dear Senators Reid and McConnell:

The Colorado Hispanic Bar Association (“CHBA”) is a nonpartisan, nonprofit

association of legal professionals whose mission is to serve Colorado and promote justice by,
among other things, pursuing the full and equal participation of Hispanics in the judiciary. The
CHBA represents the interests of over 500 Hispanic legal professionals in Colorado, as well as
the interests of Colorado’s greater Hispanic community. Our objectives include improving
access to Justice for all members of society.

This correspondence follows our letter to you and other Senators dated August 6, 2010.
On behalf of the CHBA membership, I once again respectfully, but strongly, urge you to
schedule a vote to confirm William J. Martinez to the United States District Court for Colorado.

As you know, nearly one year ago, President Obama nominated Mr. Martinez to fill a
position on the court that has been vacant since October 2008 – one of two current vacancies on
the court. Due to these vacancies, and a heavy docket reportedly about to become significantly
heavier, the serious backlog at the District Court will soon become a crisis. Thus, confirming the
nominees to these two positions is vital to ensure swift and effective justice for all litigants.

Moreover, the CHBA believes that it is crucial that our courts reflect the diversity of the
constituency that they serve, both ethnically and politically. If confirmed, Mr. Martinez would
become only the second Hispanic ever appointed to Colorado’s federal trial court. Litigants of
diverse backgrounds are less apt to believe the court is biased against them if the court includes
judges of diverse backgrounds. Consequently, in addition to filling a long-vacant position, Mr.
Martinez’s confirmation will reinforce the perception that the court is fair.

Furthermore, the CHBA has serious concerns about the blockage of the confirmations of
Mr. Martinez and other diverse nominees by anonymous Senators. Republican Senators have
reportedly blocked the confirmation of virtually all nominees from ethnically diverse
backgrounds, that is, non-white nominees, labeling many as “controversial.” These diverse
nominees would serve on courts where minorities have been historically underrepresented. In

Post Office Box 8895 • Denver, Colorado 80201 • www.chba.net

Hon. Harry Reid
Hon. Mitch McConnell
December 14, 2010
Page 2

addition to Mr. Martinez, these nominees include Albert Diaz, Raymond Lohier, Mary Murgia,
Goodwin Liu, Edward Chen, Benita Pearson, Leslie Kobayashi, Edward Chang, Denise Casper,
Carleton Reeves, Robert Wilkens, and Louis Butler, all of diverse backgrounds, in addition to
several other female nominees.

Despite the Republican Party’s claim to support diversity generally and the Latino
community in particular, the resulting, inescapable perception is that these blockages are racially
motivated. This seems particularly so with respect to Mr. Martinez, as we have heard no
concerns voiced about his legal acumen, integrity, or personal or professional activities that
warrant preventing him from taking the bench. As the leader of a nonpartisan organization, and
as an unaffiliated voter, I do not voice these concerns lightly.

In conclusion, we request that you schedule a vote on Mr. Martinez’s confirmation as

soon as possible because, simply, it is the right thing to do. Everyone deserves a fair shake.
Every litigant deserves his or her day in court. And, in light of his long dedication to the
principles of the law, Mr. Martinez deserves to have his nomination debated and voted on in the
United States Senate. We therefore urge you to schedule a vote on his nomination forthwith.
Thank you for your consideration.

Respectfully,

Damian J. Arguello
President, Colorado Hispanic Bar Association

cc: The Honorable Mark Udall

The Honorable Michael F. Bennet
William J. Martinez, Esq.
Denver Post
The Denver Business Journal
Boulder Daily Camera
Law Week Colorado
The Pueblo Chieftain
Grand Junction Sentinel
The Coloradoan
Greeley Tribune
Associated Press
National Assn. of Hispanic Journalists