November 15, 2011

SandBox Comments: Aspen Daily News "City fighting a 
losing ballot battle"

Maurice Emmer:

"I am a conservative for election transparency. I naively thought citizens usually could trust elected officials to honor transparency, as it enhances their legitimacy and public trust; it makes their jobs easier. I was wrong and our liberty is threatened by what I have learned.

Unlike at least one member of City Council, according to news reports, I read the entire unanimous opinion of the Colorado Court of Appeals in Marks v. Koch. It didn’t take long — it is only 16 double-spaced pages. Did council members read it before hastily voting to proceed with a further costly appeal? The city had 45 days to appeal, and yet rushed an unannounced private meeting and vote to move ahead with an appeal to the Colorado Supreme Court without any open hearings from the public.

The Court of Appeals opinion is well reasoned and thorough. As with any good judicial opinion, it summarizes key facts, states the arguments, analyzes each argument applying relevant law and states a conclusion on each argument. It is not complicated; it is not based on anyone’s political viewpoint or vendetta. It is a straightforward legal analysis and opinion. I recommend it to anyone who is interested in the issues on either side...."

(Learn more?  Click title and comment to start discussion)
"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."

1 comment:

blindtuu said...

Good letter from Maurice Emmer.

With Rapkin and the city following him with one that pushes them down deeper in the hole.

I look for the court to deny even looking at the appeal from the city. Thus, I'll be looking to see how fast Mitzi Rapkin makes good on her word given in her article.

That the City of Aspen will obey the law.