Earlier this week VetTheGov received an answer from Denver DA Mitchell Morrissey regarding the civil action taken against Assistant DA Joseph Morales. See previous VetTheGov story for background. Regardless of any future court rulings VetTheGov is highlighting the Judicial process towards elected officials versus ordinary citizens and the very Broad scope given to the EXECUTIVE BRANCH of your government. At minimum the Denver DA has been compelled to provide the People of Colorado and Citizens of District 7 his reasoning for not pursuing charges against a State elected official and hopefully shows how easy it is for a government to become corrupt when We the People leave it for elected officials to hold themselves accountable!
District attorneys are not part of the judicial branch of government; they belong, instead, to the executive branch.
People v. Dist. Court, 632 P.2d 1022, 1024 (Colo. 1981). As executive officers, they have broad discretion in the performance of their duties. Id.; J.S. v. Chambers, 226 P.3d 1193, 1200 (Colo. App. 2009). "The scope of this discretion extends to the power to investigate and to determine who shall be prosecuted and what crimes shall be charged." Dist. Court, 632 P.2d at 1024; see also People v. Renander, 151 P.3d 657, 659 (Colo. App. 2006) ("[A]s a general matter, the power to initiate, alter, or dismiss charges rests solely within the prosecuting attorney's discretion, and may not be controlled or limited by judicial intervention.").
Here are links of cases mentioned in the DA's answer:
Schupper v Smith
Stay tuned for future communications with the District Court. VetTheGov would also like to clarify to the general public that this is not a personal agenda against any individual. VetTheGov is hoping for more transparency and accountability in elected public sector paid officials. VetTheGov wants the Rule of Law to be followed especially by those forcing them upon us with no Double Standands or Special Favors. If these infractions go unpunished then who is there to stop any future misdeeds?