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.
Colorado Freedom of Information Coalition
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.
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.
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.
Despite what a police officer said, the editor of The Colorado Independent didn’t violate HIPAA
HIPAA is the federal Health Insurance Portability and Accountability Act, enacted by Congress in 1996. The law’s privacy rules, designed to protect the confidential health information of patients, often are misunderstood and misapplied, and that certainly seems to be the case with the July 5 detention of Greene near the state Capitol, according to legal experts.
Brauchler tries ‘crowdsourcing’ an alternative way to appeal open-records denials
Two years ago, the Colorado Freedom of Information Coalition published a study showing that at least 26 states offer some kind of dispute-resolution process as an alternative to suing the government for improperly withholding public records. We asked whether the Colorado Open Records Act (CORA) should provide another way to appeal a rejection. Now, a candidate for Colorado attorney general is trying to focus attention on the same issue by “crowdsourcing” a proposal on social media.
CFOIC, journalist groups ‘disappointed’ in chief’s response to letter regarding handcuffing of editor
Two journalist associations and the Colorado Freedom of Information Coalition sent a second letter to Denver’s new police chief, expressing disappointment in his “dismissive, non-substantive” response to an earlier letter regarding the July 5 detention of Colorado Independent Editor Susan Greene while she took pictures of officers.