In a case filed by Colorado Ethics Watch, Denver District Court Judge Norman D. Haglund today ordered District Attorney Mitch Morrissey to file by June 23 a written explanation of his reasons for not investigating or prosecuting possible criminal behavior by Colorado State Senator Andy McElhany in 2007.

Under section 16-5-209 of Colorado state law, organizations like Colorado Ethics Watch can petition the court for an order compelling the district attorney to appear before the judge and explain his refusal to prosecute a case. If the judge finds that the district attorney’s failure to prosecute was arbitrary and capricious, or without reasonable excuse, the judge can then order the district attorney to move forward with the prosecution. On June 2, Colorado Ethics Watch filed a petition against District Attorney Mitch Morrissey based on Morrissey's failure to act on Ethics Watch's April 2007 request for an investigation of Senator McElhany.

Judge Haglund's order came in response to Ethics Watch's request that its petition be set for a forthwith hearing. The order denied Ethics Watch's hearing request "without prejudice," meaning that the request could be reconsidered in the future after Morrissey files his written response with the Court.

Additional information about Ethics Watch's petition can be found here.