For the third consecutive year, a committee of lawmakers discussed whether the administrative records of the state’s judicial branch should be subject to the Colorado Open Records Act. This time, the House State, Veterans and Military Affairs Committee didn’t kill Rep. Polly Lawrence’s proposal as it did in 2016 and 2017. At least not yet.
Colorado Supreme Court
New research makes a case for reforming Colorado’s criminal justice records statute to require the public release of files on completed internal affairs investigations concerning law enforcement officers accused of wrongdoing.
State Rep. Polly Lawrence is trying once again to make the administrative records of Colorado’s judicial branch subject to the Colorado Open Records Act.
Citing two Colorado Supreme Court decisions, a judge has ordered the Aurora Police Department to produce a written analysis of “pertinent factors” it did not weigh before rejecting an open records request for an internal affairs investigative file.
There is new life for CFOIC’s proposal to set a uniform statewide standard for sealing criminal court files in Colorado.
The Colorado Independent Ethics Commission, which investigates allegations of ethical misconduct involving public officials, is writing its own rules of access to public records that differ in many respects from the Colorado Open Records Act.
The city of Aurora’s “blanket policy” of denying open records requests for police internal affairs files, apparently without regard to the facts and circumstances of each request, violates Colorado’s criminal justice records law, a lawsuit alleges.
In a terse letter, a committee of the Colorado Supreme Court has rejected CFOIC’s call for a uniform standard for sealing court files in criminal cases. More than a year ago, the Colorado Freedom of Information Coalition asked the state court system to adopt such a rule, noting that disputes over the closure of records in high-profile criminal cases often focus not just on whether records should be sealed, but on the appropriate legal standard to apply in making that determination.
It was an eye-opening story for our viewers: A FOX31 Problem Solvers investigation found that the Colorado Division of Gaming has been charging casino customers with crimes for playing very small credits left on slot machines. But even more startling was how much money the Gilpin County court system wanted to charge for providing open records on such cases.
The Colorado Open Records Act defines public records to include “all writings made, maintained, or kept” by government or agency. But are records related to a government-issued cellphone disclosable under CORA if the city has access to them but doesn’t maintain them?