Go to the mobile version of this Web site.

Login | Contact Us | Site Map | Paid archives | Electronic edition | Subscription Questions | Extras

Ethics-law backers keep their papers from public view

April M. Washington, Rocky Mountain News

Published May 10, 2007 at midnight

Text size  

More Colorado Government

More stories »

Coloradans for Clean Government has won a court order sealing the documents it generated to win passage of Colorado's tough new ethics law.

The group's co-chairs are Pete Maysmith of Colorado Common Cause, who often fights for openness in government, and millionaire Jared Polis.

The two were the chief financial backers of Amendment 41.

The measure bans lobbyists from giving gifts to lawmakers and bars anyone from giving a gift worth more than $50 in a calendar year to government workers, contractors and their families.

Sealing the records is hypocritical, some said Wednesday.

"Transparency in government is good (except) for when it comes to Common Cause," said attorney Doug Friednash, who represents a group of citizens who sued to stop the enforcement of Amendment 41.

Sen. Peter Groff, D-Denver, said Polis "spent millions of dollars for transparent government, but the first opportunity he has, he pulls the shades to hide his own behavior."

The order, made public Wednesday, covers 8,000 to 10,000 documents from Common Cause, Coloradans for Clean Government and Polis.

The order keeping them from public view came to light in a court hearing to block the enforcement of Amendment 41.

The release of the documents would cause "embarrassment and oppression" to Polis and Common Cause's director, attorneys argued.

Denver District Judge Christine Habas ruled that e-mails, letters and other documents can be viewed only by the attorneys involved in the case.

Common Cause Executive Director Jenny Flanagan said that documents should not be made public because they're internal and not relevant to the lawsuit.

"It's not that we're trying to hide anything," she said. "It's a matter of relevance.

Additionally, attorneys for Common Cause and Polis argued that the campaign records should be kept secret to shield Flanagan and Polis from blame for their support of Amendment 41. Polis is expected to run for the Democratic nomination in the 2nd Congressional District.

Typically, the courts seal records to protect trade secrets, but not to shield political activists from embarrassment, Friednash said.

Coloradans for Clean Government was formed last year to win passage of Amendment 41.

The flap over sealed documents ended three days of testimony in which opponents argued that Amendment 41 is unconstitutional because it hinders free speech and association.

Habas has not said when she will rule.

During closing arguments, she quizzed Deputy Attorney General Maurice Knaizer, who is defending Amendment 41 on behalf of the state. The judge asked what "evils" Amendment 41 seeks to solve that existing bribery laws do not already address.

Habas also expressed concern that lawmakers and, worse, average-Joe government employees could become victims of frivolous complaints that could sideline their careers.