Today, Denver District Court Judge Norman Haglund ruled that the Colorado Independent Ethics Commission’s (IEC) withholding of documents from public review was improper, and ordered the IEC to give Ethics Watch access to review documents regarding advisory opinions and letter rulings within 15 days.  In addition, the judge awarded attorneys fees to Ethics Watch in the case.

This decision affirms Ethics Watch’s position that the IEC is indeed subject to Colorado sunshine laws and cannot lawfully operate in secret.

In August 2008, Ethics Watch filed an open records request to the IEC regarding issues facing the commission.  The IEC did not provide any documents responsive to Ethics Watch’s CORA request, instead filing a request with Denver District Court for an order to protect all information the IEC reviews.  In October, Ethics Watch filed its own countersuit against the IEC for failure to permit inspection of documents under CORA.  The trial of these cases took place earlier this week and the judge’s ruling was issued today.

Ethics Watch argued that the IEC’s blanket refusal to produce documents responsive to Ethics Watch’s CORA request is contrary to law.  The Judge agreed that Colorado law requires the IEC to redact the identity of persons who requested letter rulings, but intentionally does not require the IEC to redact the identity of persons who request advisory opinions.  Thus, the IEC’s wholesale withholding of documents was improper. 

Chantell Taylor, director of Ethics Watch, released the following statement:

“Finally the commission that was established to hold officials accountable for violations of law is itself being held accountable.  Nothing in the Colorado Constitution or statute allows the IEC to operate in secret.  To the contrary, the IEC should serve as the model for honest and open government.  This ruling is a victory for public transparency and a wake up call to the commissioners that Coloradans meant it when they demanded the highest ethical standards from their government, including the IEC.”

The judge’s ruling and other related documents in the case can be found at www.coloradoforethics.org.  In addition, Ethics Watch has monitored and recorded the history of the IEC, and that comprehensive set of information is available to the general public at www.coloradoforethics.org under “Eye on the IEC.”

More information on the case can be found here and here.