By Owen Woods | owen@alamosacitizen.com
COLORADO Attorney General Phil Weiser told District Attorney Anne Kelly and local county commissioners Monday that he intends to follow through and appoint a state monitor for the 12th Judicial District Attorney’s Office.
The news was not welcomed.
Kelly told Weiser she didn’t think a state monitor was now necessary, while county commissioners and law enforcement leaders raised concerns around the cost.
“I am very fiscally responsible and any kind of monitor that costs any money to the district attorney’s office, when it is entirely unnecessary, is not something I think this Valley can support,” she said.
Kelly was appointed DA by Gov. Jared Polis after Alonzo Payne, facing a recall, resigned the position. Kelly then won election in November by defeating Robert Willett.
Resounding Opposition
Weiser and Kelly joined a special meeting of the San Luis Valley County Commissioners Association to discuss the state monitor recommendation. Weiser said the state monitor would oversee the DA’s office to ensure it is following the Patterns and Practices compliance agreement signed by former DA Payne in July. The monitor would also have full access to the office’s documents, records, and personnel.
He said it’s all part of “the process of helping to bring us to closure” and to get “to the other side.”
“We have begun the process of healing. This agreement, if the attorney general continues to insist that we need to perform under it, will take away much valued or much needed resources of time and money. Resources that we do not have.”
– 12th Judicial District Attorney Anne Kelly
A state monitor could cost up to $10,000 under Weiser’s plan and would be paid for by the 12th Judicial DA’s office.
Kelly said that the Colorado District Attorney’s Council offered to bring in a monitor for free. When asked why this option wasn’t chosen, Weiser said, “The basic problem with the DA’s council, is the person who runs it, works for all the DAs. So that’s a little bit of a conflict.”
He said he wants someone independent, to avoid any conflict of interest. However, he said the person who he has in mind “is someone who I know well and who I have confidence in, who I also believe will do this in a very affordable way and in the right spirit.”
Kelly said the DA’s office couldn’t afford to pay for the state monitor and noted that the money could instead be used to upgrade things such as the office’s wifi and electronic document storage capabilities.
“We have begun the process of healing,” Kelly said. “This agreement, if the attorney general continues to insist that we need to perform under it, will take away much valued or much needed resources of time and money. Resources that we do not have.”
Kelly asked Weiser to reconsider the need for the agreement and said that she has no problem reporting to the AG’s office and being on “probation,” but bringing in a monitor is now unnecessary.
“The problem has been solved, the people of the Valley want the attorney general’s office to leave and let us heal on our own,” she said.
How we got here
Last February, the Crime Services Advisory Board brought eight Victim Rights Act abuse complaints to the Attorney General’s Office. These complaints alleged that Payne’s office was violating the VRA by not alerting victims of movement in court cases, dates of court appearances, plea deals and agreements.
The Rocky Mountain Victim Law Center also brought VRA abuse complaints forward.
These complaints then prompted an investigation by the AG’s office as well as providing the office with a special monitor.
However, in July, just after the special monitor was appointed, Payne resigned. Weiser’s office took over duties of the office until Polis appointed Kelly.
