Issue Position: The Courtroom

Issue Position

As the state's chief legal advisor, the Attorney General represents and defends the legal interests of the people and the sovereignty of the State of Colorado. She exercises the responsibilities given to the office by the Colorado Constitution, statutes enacted by the General Assembly and the people of Colorado, and the common law. The Attorney General also has primary authority for enforcement of consumer protection and antitrust laws, prosecution of criminal appeals and some complex white-collar crimes, training and certification of peace officers, and certain natural resource and environmental matters. The office does not represent the General Assembly, but it does defend laws passed by the legislature when they are challenged in the courtroom.

Over the last five years, attorneys general around the country have joined forces as the last line of defense against an intrusive federal government. As Colorado's Attorney General, I will hold the federal government accountable and will protect Coloradans from the actions of any administration or agency that overreaches its powers in areas such as:

The Patient Protection and Affordable Care Act of 2010 was a recent example of federal overreach. Twenty-six state attorneys general challenged the constitutionality of a mandate that Americans either purchase insurance or pay a penalty to their federal government. While the mandate was found to violate the Commerce Clause of the U.S. Constitution, the Supreme Court of the United States upheld the individual mandate as a tax. As major provisions of the Affordable Care Act take effect in the coming months, Coloradans will experience the full impact of federally-mandated health care on their businesses and pocketbooks.

The federal Environmental Protection Agency passed over 100 new rules and regulations in 2012 alone. Clean air and water are of critical importance to Colorado; however, the EPA's seemingly unfettered discretion in passing costly rules will continue to negatively impact job creation and energy costs in our state. As Attorney General, I will take the legal steps necessary to protect ratepayers and safeguard energy jobs in instances where the EPA oversteps its congressionally-mandated bounds.

The Attorney General's Office assists local district attorneys in prosecuting death penalty cases. After a conviction and death sentence, the state's criminal appellate attorneys defend the legal process that resulted in capital punishment. In the case of Chuck E. Cheese killer Nathan Dunlap, the Governor decided to grant a guilty defendant a reprieve from the death penalty, a decision I vehemently oppose. When I am Attorney General, I will advocate for the death penalty as a suitable punishment for certain heinous crimes against the citizens of our state. And I will do all I can to assure the will of the people is carried out as prescribed by law.

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