Court secrecy, a handcuffed journalist, ‘Access Denied’: CFOIC’s year-in-review 2018
Two words come to mind when looking back at 2018’s government transparency highlights and lowlights in Colorado. Judicial secrecy.
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Colorado securities commissioner did not withhold records from consultant, judge says
A judge ruled against a Texas-based consultant who alleged that Colorado’s recently retired securities commissioner violated the Colorado Open Records Act by refusing to fulfill a records request “unless and until” the consultant identified his client.
Basalt council emails violated the Colorado Sunshine Law, judge rules
Basalt town council members violated Colorado’s open meetings law in 2016 when they used email to discuss a retail marijuana resolution and other matters, a judge ruled.
Judge: Oil company’s libel lawsuit against Paonia environmental activist was ‘a form of retaliation’
A judge has ordered a Texas-based oil and gas company to pay attorney fees to a Paonia environmental activist whom it sued for libel after he posted a critical comment on the website of the Glenwood Springs Post Independent.
After son’s death, a mother pushes for a Colorado law on disclosure of police body camera footage
The mother of a 19-year-old man who was killed during a confrontation with police last year is on a mission to make law enforcement body camera footage more available to the public under Colorado law.
A ‘reverse’ CORA lawsuit backfires on the town of Paonia
A district court judge in Delta County ruled that the town of Paonia improperly invoked CORA’s safe harbor clause in a lawsuit against Bill Brunner, a former town trustee who had requested numerous records in 2017. Not only should the town have turned the records over to Brunner, Judge Steven Schultz wrote, he is entitled to be reimbursed for his legal costs and attorney fees because Paonia officials “failed to exercise reasonable diligence or reasonable inquiry” before going ahead with the suit.
CFOIC, news organizations file brief supporting The Colorado Independent’s SCOTUS petition
A brief filed by the Colorado Freedom of Information Coalition and several news and journalism organizations asks the U.S. Supreme Court to hear a First Amendment records case, deemed “vital to Colorado journalism,” that was brought by The Colorado Independent.
Two-year-old Ohio process gives public records requesters ‘a fighting chance’ to appeal denials
With no process for appealing public records denials short of filing a lawsuit, Colorado might want to look at a two-year-old system in Ohio, which lets anyone challenge a denial for a $25 filing fee. The president of the Ohio Coalition for Open Government says residents of his state “now have a fighting chance – no matter their resources or standing” when they believe records are wrongly withheld.
Court in Watts case is wrong venue to decide access to autopsies, media groups and CFOIC say
A judge should deny the prosecutors’ motion to keep autopsy reports from the public in the Frederick triple homicide case because the criminal court lacks jurisdiction to decide that question, a media coalition and the Colorado Freedom of Information Coalition argued.
Masking of court records hinders legal assistance for low-income Coloradans, nonprofit says
Colorado court officials, still working to address case suppression issues raised by recent stories in The Denver Post, were briefed about another records-access problem affecting a nonprofit’s ability to provide legal services to low-income Coloradans.