Litigation

On February 25, 2008, the Colorado Supreme Court reversed an injunction on voter approved Amendment 41.

The Gift Ban is Back, and Clear as Ever

Colorado lawmakers and government workers were tossed back into confusion Monday when the state Supreme Court reinstated what some consider an ambiguous and invasive ethics law.  The court ruled it was premature to toss out Amendment 41 because a panel to hear alleged violations is not yet in place, but justices did not clarify how far the ethics-in-government measure's power stretches.

Amendment 41 Injunction Overturned

Gifts to Governor Still in Legal Limbo

Lawmakers Again Facing Freebie Freeze

Colorado Common Cause Week at the CO Supreme Court:  In May of 2007, a temporary injunction was placed on the gift ban section of the law, and it is now headed for the Supreme Court.  Ultimately, the debate boils down to the proper interpretation of Amendment 41.  Amendment 41 is about preventing violations of the public trust that arise from using one's public office for private gain.  Case law supports reading the language of Amendment 41 as a whole to prevent the wild interpretations of the ethics law suggested by its opponents.  We expect that the Colorado Supreme Court will affirm Amendment 41 and its proper application.  To read the amicus brief submitted by Colorado Common Cause, click here.

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