Given the widespread interest in the historic Aspen May 5 IRV election,and the subsequent transparency litigation to obtain access to a CD of recorded scanned ballots, election officials and election quality advocates across the state and the country, and GrassRoots TV, the local public access station, have requested that Judge Boyd allow non-commercial recording to be permitted for the March 22/23 hearing.
The request has gained the support of several election quality advocacy groups and publications. If the court were to grant permission for the "Expanded Media Coverage" the benefit would be transparency on the subject of transparency, which can be nothing but conducive of good public policy.
It appears that the tentatively scheduled dates for the hearing will remain March 22 and 23 in the Pitkin County Courthouse in Aspen.
The letters linked here are those for which I have received copies. These were filed with the court and the attorneys for each party.
I obviously support the taping of the proceedings but will not file a statement with the court because I will be a witness at the hearing.
Members of the public can express their desire for transparent access to the court if they wish.
Members of the public can express their desire for transparent access to the court if they wish.
When the court rules, I will post the ruling here.
Letters in support of permission to videotape:
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February 19, 2010
Letters in support of permission to videotape:
February 19, 2010
The Honorable James J. Boyd
District Court, Pitkin County
Pitkin County Courthouse
506 E Main Street, Suite E
Aspen, Colorado 81611
Dear Judge Boyd:
GrassRoots Community Television, (GTV), Aspen’s non-profit community access television station, desires to film the proceedings of the hearing of Marilyn Marks vs. Kathryn Koch, case number 2009CV294. We are writing to request Expanded Media Coverage under the guidelines of the Colorado Code of Judicial Conduct, Canon 3, Section (8). We are familiar with the restrictions of Section 8 and are prepared to honor all of the requirements and any others that the court may require to respect the decorum of the court, and the rights of the participants in the hearing.
Our interest in recording the proceedings is driven by interest from community members in the subject of Colorado public records law and the hearing’s potential impact on local election procedures. We believe that the subject of public access and open records is particularly appropriate subject matter for GTV to record, given our mission of opening and protecting channels of community communication, and providing coverage of matters of civic interest. For example, GTV broadcast and recorded the May, 2009 election coverage, which is archived on our website. May’s election debates were also filmed and broadcast by GTV. GTV has historically filmed local election matters and election night coverage for many past elections. As you know, GTV is not a commercial media outlet and no commercial interests are served by this request. Any recordings of this proceeding will not be sold for profit, but at our standard DVD copy rates. The recording will be available for public access on our website at no charge.
Our proposed expanded media coverage would involve one cameraman using one GTV camera, with a spare camera accessible. Our video specialist would become familiar with the court’s audio system to determine if it might be accessed for the audio feed without any disruption to the court. Otherwise, a stationary microphone will be placed in an unobtrusive place with the court’s approval. We will make no request for special lighting, and will use the existing lighting in the courtroom. Our activities will be designed not to interfere with the proceedings in any way.
Our request is to film the entire proceeding over the course of two days, as now scheduled. Our request is to begin recording video (with audio) at the start of the hearing on March 22, or any other date the hearing begins if it is rescheduled. We request access to the courtroom 90 minutes in advance of the hearing to set up and test equipment. We would request access to the courtroom for 30 minutes after the close of each day’s proceedings to pack up and secure our equipment. Our designated videographer will be Brad Manosevitz. His cell phone number is 379-4676. We request that he be permitted to bring his cell phone into the courtroom to be maintained in the off position, but for use if contact with the studio is required on his part to address technical issues.
I will be the managerial and administration contact for the court. I may be reached at 970 925 8000 (ext 11) or by email at masters -at- grassrootstv.org.
I am available to answer any questions by the court or provide additional information about our proposed expanded media coverage if it would be helpful in your decision.
Thank you for your consideration in this matter.
Yours truly,
John Masters
CC: John Worcester, City of Aspen (John.Worcester -at- ci.aspen.co.us)
Robert McGuire, Counsel for Marilyn Marks (ram -at- lawram.com )
February 19, 2010
The Honorable James J. Boyd
District Court, Pitkin County
Pitkin County Courthouse
506 E Main Street, Suite E
Aspen, Colorado 81611
Dear Judge Boyd:
It is our understanding that your court is soon to conduct proceedings in the matter of Marilyn Marks vs. Kathryn Koch, case number 2009CV294. We further understand that GrassRoots Community Television has requested your permission to film the proceedings of any hearings on this matter.
We ask you to please grant the permission requested by GrassRoots Community Television. In case you are unaware, Colorado Voter Group is a volunteer organization that dedicates all of its collective energies toward improving Colorado’s voting systems. Our top goals are to improve the quality of Colorado’s election system through increased transparency of the election processes and through public verification of election processes. It is our belief that the public is best served by an open election system. Our members frequently invoke the phrase, “trust, but verify.”
In addition, there are many election integrity advocates, who live all across the country, that have a keen interest in the proceedings in this matter. It is not practical for them to come to Colorado to witness the proceedings, so access to live or recorded video would be a most welcome gesture on the part of the court.
It may be inappropriate for me to recite the many reasons that people outside of Aspen are so deeply interested in this matter. If you do want any information in this regard, please let me serve the court in whatever way works best.
Our members have closely followed the proceedings in this matter. I believe that I am on top of both the technical and legal aspects in this matter. I can see no harm from granting GrassRoots Community Television’s request to record the proceedings.
We hope that you will grant permission for GrassRoots Community Television to film the proceedings of any hearings in the Marilyn Marks vs. Kathryn Koch.
We thank you kindly for your consideration of this request.
Yours truly,
Al Kolwicz, for the Trustees
Colorado Voter Group
Colorado Voter Group
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Voting News
http://votingnews.blogspot.com/
The Honorable James J. Boyd
District Court, Pitkin County
Pitkin County Courthouse
506 E Main Street, Suite E
Aspen, Colorado 81611
Dear Judge Boyd:
This letter is in support of the request by GrassRoots Community Television to film the proceedings of the hearing of Marilyn Marks vs. Kathryn Koch, case number 2009CV294.
As publisher of the “Voting News”, a free national daily newsletter on voting issues I can attest to the wide interest in the Aspen election transparency issue. Voting News has covered articles almost weekly that relate to Aspen
Voting News has many Colorado readers of Voting News who have a particular interest
We are personally aware of journalists scattered across the US. writing for political and public policy journals who are very interested in this case.
Voting Lists' subscribers includes academics who have been closely following this and are committed to research in the area.
Attendance at the hearing is cost prohibitive for many who would like to attend. This would allow the arguments to be understood by much broader range of people.
Voting News has many Colorado readers of Voting News who have a particular interest
We are personally aware of journalists scattered across the US. writing for political and public policy journals who are very interested in this case.
Voting Lists' subscribers includes academics who have been closely following this and are committed to research in the area.
Attendance at the hearing is cost prohibitive for many who would like to attend. This would allow the arguments to be understood by much broader range of people.
Thank you for your consideration in this matter.
Respectfully;
Joyce McCloy, Publisher
Voting News.
The "Voting News" is a national newsletter providing voting news about election integrity issues, voting machines, election fraud, voter access and legislation in United States and internationally as well. Phone 336-794-1240 or email votingnews -at- earthlink.net
Joyce McCloy, Publisher
Voting News.
The "Voting News" is a national newsletter providing voting news about election integrity issues, voting machines, election fraud, voter access and legislation in United States and internationally as well. Phone 336-794-1240 or email votingnews -at- earthlink.net
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