Monday, February 25, 2008

Amendment 41 Back in Effect

The Colorado Supreme Court dissolved an injunction blocking enforcement of Amendment 41's ban on gifts to legislators and government employees today, holding that a lower court did not have jurisdiction to enter it.

According to a report in the Denver Post, the justices ruled that a challenge to the law, which was enacted via referendum in 2006, is not ripe.

The basis of that ruling, according to the Post article, is that the ethics commission created by the law has not yet been fully staffed and has not yet begun to implement the far-reaching ethics measure.

Amendment 41 prohibits all gifts to elected officials from lobbyists, prohibits any other gift to an elected official worth $50 or more, and forbids elected officials from becoming a lobbyist for two years after their public service ends.

The opinion of the Court, which was unanimous, is here.