Recently retired Denver attorney Marc Flink spent decades fighting alongside news organizations for public access to the records and workings of government — and played a leading role in some of the most consequential First Amendment cases in recent Colorado history.
The public release of the amended autopsy report on the 2019 death of Elijah McClain ended a legal fight that didn’t need to happen, said Steve Zansberg, president of the Colorado Freedom of Information Coalition.
For those concerned about access to government records in Colorado, the 2022 legislative session was notable for what didn’t happen — the introduction of a bill addressing frustrating issues such as expensive fees, email retention and slow responses by law enforcement agencies.
Several of the 24 entries stood out as glaring illustrations of the barriers and attitudes journalists and members of the public sometimes encounter when they request government records or otherwise try to monitor what their public officials are doing.
The Colorado Freedom of Information Coalition presented its highest honor, the Jean Otto Friend of Freedom Award, to the founders of the Colorado News Collaborative, an innovative local media resource hub that is helping to strengthen local journalism statewide.
Rachael Johnson was looking for a way to combine her career experiences as a journalist and a lawyer. Starting Sept. 14, she’ll get that opportunity in her home state of Colorado as a Local Legal Initiative attorney for the Reporters Committee for Freedom of the Press.
The Colorado Freedom of Information Coalition joined 131 other transparency-minded organizations in urging state, local and tribal governments across the United States “to recommit to, and not retrench from, their duty to include the public in the policy-making process, including policies relating to COVID-19 as well as the routine ongoing functions of governance.”
Footage from police body-worn cameras clearly fits the definition of criminal justice records in one of Colorado’s freedom-of-information laws: All materials, including recordings, “made, maintained, or kept” by criminal justice agencies. But some district attorneys are relying on more than the Colorado Criminal Justice Records Act to determine whether and when body camera video should be disclosed to the public.
Actual malice. Autopsy reports. The Columbine killers’ “basement tapes.” Stapleton Development Corp. records. The governor’s cellphone bills. The meetings and records of a county retirement board. Tom Kelley waged court battles over these issues and many more as an attorney for The Denver Post, other news organizations and the Colorado Press Association, steadfastly and expertly defending the public’s right to know and the journalist’s right to report.
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.
