April 24, 2012

SandBoxBlogs: Aspen Daily News "Will district attorney Martin Beeson’s candidacy end up in court?"

Mid-morning update:
A 'sort of' thank you goes out to "Beeson Anonymous #41" for the email tip and personal request to post the following update:

Local attorney Sherry Caloia has entered the race against Martin Beeson for the 9th Judicial District Attorney seat.  Caloia was instrumental in getting Beeson petition eligible and elected in his coup over Colleen Truden roughly eight years ago.  Information confirmed  on Sec of State website.

Good luck to both candidates.
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(See related story here and disclaimer below)

This...is the reason we wait for the higher standard in investigative reporting that comes off the Aspen Daily News.  We do it for the subject content and people.  For the communities that are affected by the report.  We do it so that there is less spin and greater trust.

Comment ability is now open on the news of DA Beeson's candidacy being highly likely challenged and placed before state courts to decide legitimacy.

Thank you to Carolyn Sackariason.  Up on the Aspen Daily News. 

"Ninth Judicial District Attorney Martin Beeson appears to be eligible to run for re-election, based on an opinion from the Colorado Attorney General’s office, but his candidacy could end up in the courts.......

.........Once he is certified, opponents have five days to challenge his place on the ballot in Denver district court.

Tom Silverman, a defense attorney in Glenwood Springs who is a former deputy DA, municipal judge and prosecutor, has considered challenging Beeson’s eligibility but has made no decisions. He added that he expects it will be challenged in court by someone.

Silverman argues that there is no legal precedent regarding the attorney general’s opinion.

“The attorney general opinion is not binding on any court,” Silverman wrote in an email. “It also was not written for this situation, it dealt with appointed DAs and has never been accepted by any court.”

Silverman added that as a conservative, Beeson would typically take a position that courts should strictly construe the law. The state constitution in this case says the top prosecutor is not eligible to hold the office, he said.

“Strict construction is not convenient so Beeson is going with ‘judicial legislation,’ or ‘legislating from the bench,’ hoping the court will say that the two-term limitation strictly stated is not what the constitutional amendment means. ... His first elected term of three years should not count because it wasn’t four years,” Silverman wrote. “That construction is nowhere in the amendment.”...." (Read more?  Click title)

"Truth goes through three stages. First it is ridiculed. Then it is violently opposed. Finally, it is accepted as self-evident."


Disclaimer:
"Now that DA Beeson has thrown his hat in the ring for district attorney in the 9th, please take note that there will be no special treatment given to any news press surrounding his race. His articles, if they are SandBox worthy or chosen in the daily agg run-up; will be put up just like anyone else in a political race. What SandBox Commentators will continue to do, is heavily moderate his articles. We are the only news media that provides the courtesy of moderating commentary from the general public on 9th Judicial District and Mr. Beeson's articles. )"

4 comments:

hot mama said...

Amen.

So glad to see this because now the attorneys can fight it out and expose all that needs to be in the district. Voters don't even have to say a word because hands down, Caloia is our next district attorney. Martin Beeson needed to go after his first three years and has bullied his way through the last term with his very own interpretations of the law and the job. This should be a landslide if Caloia will burst out of the gate and fight just as filthy dirty as Beeson will.

Thank you shoutout goes to Sherry Caloia for stepping up in front of the people of the 9th district. What a relief and elimination of fear for active voters this is.

gws44 said...

Agreed, hm. A nice relief. Caloia's going to have some issues personality wise but that will just make her dead even with Beeson's personality issues. This ought to be a battle royal given their history at Truden's recall time. After what, 7 yrs. or more of watching former Beeson supporters fall away and then turn and stand up against him battling in court, this is kind of a shock that she jumped in but not a surprise in any way. Wouldn't be half surprised to see another Republican step up now and make it a battle of three. There's still some time left but not much.

WingMan said...

I'm grateful my friends and family can now get out of the line of fire from Martin's upset at being in the spotlight of cold hard truth in commentary.

Sherry will have some issues because of personality but that personality is going to be powerful and strong enough to take this guy on. She's got Pitkin hands down, probably most of Rio Blanco and a lot more of Garfield than anybody suspects. Taking him into court on the term limitations is just an added bonus. Reading up on that law, Silverman's right. Beeson doesn't get to shape it how he wants it to be and the old AG personal opinion means nothing. Sherry's perfect to get him into court. She has my vote. So, let's let her handle him, OK?

mack said...

Not just friends and loved ones out of the line but every voter in the 9th district. Beeson attacks what doesn't revere him.

Caloia's going to have issues, no doubt.

The beauty of his opponent being her though is that will just bring out what needs to be shown that we have to get gone. Whatever made Martin think he was the right personality type to have criminal defense lawyers attacking him back every minute of every day has always been a concept that has escaped logical thought.

Good luck to Caloia. She could have been a No Party and had my vote.