Just got this in my inbox. Only the last paragraph was new to me.
Denver --- In front of a crowded courtroom, the Chief Judge in Denver District Court today read a 45-minute long statement overwhelmingly in favor of the proponents of Colorado's first-ever Recall Election of State officials.
"This court could not be any clearer," said Chief Judge Hyatt, who once ruled against Republicans in reapportionment. The judge went on to say that the "right to recall" and redress one's elected officials is a "fundamental right" afforded to citizens in the Constitution.
The Judge commended the Recall proponents by saying they gave "a good faith effort" and, in fact, a great faith effort in following the letter of the law and adhering to the Constitution every step of the way. Furthermore, the Judge stated that the proponents of the Recall "did not attempt to consciously mislead the electorate," nor was there a systematic disregard for the law.
In a surprising twist, during his ruling the Judge went out of his way to reprimand Senator John Morse's legal team, calling out the lack of credibility of a Democrat polling firm - Public Policy Polling - which was brought forth by attorney Mark Grueskin to somehow suggest that citizens were confused about the definition of a Recall election. The Judge proclaimed: "Plaintiffs relied in part on a public opinion poll. This Court finds the evidence of the poll unpersuasive and found witness Tom Jensen to be equally unpersuasive."
The Judge urged Governor Hickenlooper to immediately set an election date, saying, "The meter is running." Barely more than an hour later, Governor Hickenlooper set a special election date of September 10th.
"This is a great day for the people of Colorado," said Jennifer Kerns, Spokeswoman for the Basic Freedom Defense Fund, the official proponents of the Recall Morse campaign and who also represent the Recall Giron campaign in court. "The will of the people was upheld, and upheld strongly today. We've now had three strong messages from the bench and beyond: More than 10,000 of Senator Morse's own constituents signed Petitions to recall him, the Secretary of State upheld those petitions as Constitutional, and now the Chief Judge rules strongly in favor of the people. How many more times will it take for John Morse to accept his fate? This recall cannot come soon enough for the people of Colorado."
Kurtis Lee of the Denver Post is now reporting (via Twitter) that Morse and Giron will NOT challenge in Supreme Court and thusly have finally accepted their fate to be judged by their constituents.
Morse/Giron will not appeal to Colo. Supreme Court. Elections will be held Sept. 10. #coleg #copolitics
— Kurtis Lee (@kurtisalee) July 18, 2013