{"id":45722,"date":"2021-07-13T11:17:00","date_gmt":"2021-07-13T17:17:00","guid":{"rendered":"https:\/\/dh.durangoherald.com\/tj\/ethics-complaint-against-sen-bob-gardner-dismissed-by-unanimous-vote\/"},"modified":"2021-07-13T17:17:00","modified_gmt":"2021-07-13T17:17:00","slug":"ethics-complaint-against-sen-bob-gardner-dismissed-by-unanimous-vote","status":"publish","type":"post","link":"https:\/\/dh.durangoherald.com\/tj\/ethics-complaint-against-sen-bob-gardner-dismissed-by-unanimous-vote\/","title":{"rendered":"Ethics complaint against Sen. Bob Gardner dismissed by unanimous vote"},"content":{"rendered":"\n

\"Gardner\"
Gardner<\/span>du1-i-syn<\/span><\/figcaption><\/figure>\n<\/p>

Five state legislators serving on a bipartisan committee voted unanimously Monday to exonerate a fellow lawmaker, dismissing an ethics complaint against him on all counts. The complaint was filed against Colorado Springs Republican Sen. Bob Gardner, who told Newsline he would like his reputation back.<\/p>\n

A complaint dated April 21 had accused Gardner of exercising undue influence over a previous state court administrator \u2013 a person whom the Colorado Supreme Court appoints to provide administrative and technical support to trial and appellate courts across the state. The complaint quoted from Gardner\u2019s remarks during a legislative committee hearing in January 2019.<\/p>\n

In those remarks, Gardner described making a call to a former state court administrator to raise concerns about the conduct of a senior judge. Retired judges who participate in the Senior Judge Program help cover unexpected absences and vacancies in trial and appellate courts.<\/p>\n

\u201cAbout five or six years ago a colleague with whom I shared an office (came) to me and (said), \u2018I\u2019m appearing in front of this senior judge and the senior judge said this\u2019 and then she showed me the transcript and she said \u2018and I don\u2019t know what to do but I understand you\u2019re in the Legislature,\u2019\u201d Gardner said during the hearing, according to the legislative record. \u201cWell, I was able to make a phone call to the state court administrator. But had my colleague not shared office space with a member of the House Judiciary Committee she would have been faced with a recusal motion.\u201d<\/p>\n

The complainant, Wheat Ridge attorney Chris Forsyth, claimed that by calling the state court administrator on behalf of his colleague \u2013 which resulted in a different judge being assigned to Gardner\u2019s colleague\u2019s case \u2013 Gardner had violated Senate rules by exerting \u201cundue influence\u201d on the state court administrator, which means using his elected office for \u201ceconomic or private gain.\u201d<\/p>\n

Forsyth also alleged that Gardner\u2019s co-prime sponsorship this year of House Bill 1136, which made changes to the Senior Judge Program, and Gardner\u2019s recent appointment to a committee tasked with hiring someone to investigate the Colorado Judicial Branch, constituted a conflict of interest, given his influence on the court administrator. Gardner had failed to promote public confidence \u201cin the integrity and independence\u201d of the Legislature, Forsyth wrote.<\/p>\n

Senate President Leroy Garcia, D-Pueblo, convened a five-member ethics committee in June to hold hearings about the complaint and make recommendations around potential action.<\/p>\n

Lawmakers on the ethics panel \u2013 three Democrats and two Republicans \u2013 ultimately rejected Forsyth\u2019s argument and sided with Gardner.<\/p>\n

\u201cAs a senator, I have worked diligently to try to expand the public\u2019s access to (government) institutions,\u201d Sen. Julie Gonzales, the Denver Democrat appointed to lead the committee, said before voting Monday. \u201cThe assertion that making those entities more accessible is somehow undermining public confidence just seems inconceivable to me.\u201d<\/p>\n

Sen. Faith Winter, D-Westminster, who served as vice chairwoman, pointed out that the General Assembly is only in session for part of the year.<\/p>\n

\u201cIn Colorado, we have decided to have a citizen Legislature, which means that our legislators have jobs outside of lawmaking. \u2026 We have legislators that are lawyers or organizers or farmers or ranchers,\u201d Winter said. \u201cAll that Sen. Gardner did was work outside of session in a responsible manner.\u201d<\/p>\n

Republican Sens. John Cooke of Weld County and Paul Lundeen of Monument, along with Democratic Sen. Chris Hansen of Denver, joined Gonzales and Winter in voting to dismiss the complaint \u2013 bringing the hearing to an end after less than half an hour.<\/p>\n

Gardner told Newsline he was \u201cgratified\u201d by the committee\u2019s vote and that he considered it a \u201ccomplete vindication\u201d of his actions.<\/p>\n

\u201cI am disappointed that the Senate majority leadership was not able to dismiss this case before it became public and before I got essentially drug through the mud for about a month and a half,\u201d Gardner said. \u201cThe complaint on its face was without merit and unsubstantiated.\u201d<\/p>\n

Judicial Integrity Project, Forsyth\u2019s Denver-based advocacy organization, advocates for \u201cnonpartisan laws that increase transparency, enhance accountability \u200band remove conflicts of interest,\u201d according to its website.<\/p>\n

Forsyth called the committee\u2019s action to dismiss the ethics complaint \u2013 which he made in his personal capacity \u2013 \u201cunconscionable.\u201d<\/p>\n

\u201cJudicial integrity is the real loser today,\u201d Forsyth told Newsline on Monday in an interview. \u201cOur judicial branch is supposed to be independent, above reproach. \u2026 What the legislative committee has told us today is that it\u2019s a legislator\u2019s job to help a constituent gain an advantage in a court case.\u201d<\/p>\n

In his formal answer to the complaint on June 24, Gardner provided more context about the phone call to the state court administrator.<\/p>\n

Gardner said he hadn\u2019t asked the court administrator to remove a judge from his colleague\u2019s case or take any specific action. Rather, he claims to have called to let the administrator know about sexist remarks the senior judge had made regarding an aspect of his colleague\u2019s divorce case.<\/p>\n

\u201cI had no power, authority or ability to exercise any undue influence over the State Court Administrator to take any action and did not request he did so,\u201d Gardner wrote in his answer to the ethics complaint. \u201cNeither did I benefit personally or economically from any action the state court administrator may have taken.\u201d<\/p>\n

But Forsyth worried that the complaint hearing process illustrated a larger issue around elected officials\u2019 potential influence on court proceedings. Responding to lawmakers\u2019 questions in regard to the ethics complaint, the state court administrator wrote July 6 that legislators and the public contacted his office so frequently, there was no record of the number of times this happened.<\/p>\n

While lawmakers on the ethics panel saw that response as evidence Gardner committed no violation, Forsyth said it showed a need for \u201cbetter laws ensuring judicial integrity.\u201d<\/p>\n

To read more stories from Colorado Newsline, visit www.coloradonewsline.com<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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