Legal Filings

Legal Filings
Apr 19, 2011

Ethics Watch to Oppose SOS Intervention In Clear The Bench Appeal

On Friday, attorneys from the Colorado Attorney General's office filed an amicus brief on behalf of Secretary of State Scott Gessler that supports a legal appeal by Clear the Bench Colorado.

In the original campaign finance case against Clear the Bench in 2010, Ethics Watch was proven right in its claim that Clear the Bench should have registered as a political committee. As a private attorney, Gessler represented Clear the Bench in its losing defense of Ethics Watch's complaint.

Ethics Watch will oppose the Secretary of State’s attempt to use state resources to support his former client by filing a formal opposition to the brief.

Director Luis Toro issued the following statement: “Last year, the Secretary of State’s office was scrupulously neutral while our case against Clear the Bench proceeded. It is inappropriate for the new Secretary of State to change that policy now, particularly to benefit his former client. Ultimately, though, this won’t matter because it is crystal clear that Colorado law treats Supreme Court justices up for retention as candidates for election. No amount of effort from the Secretary of State or the Attorney General can change the plain language of the Colorado Constitution.”