Colorado Attorney General ducks behind the law to avoid releasing data on his lawsuits

Unlike a number of neighboring states, Colorado state law does not require an agency to help requestors identify public records. Weiser's highly-paid agency spokesman declined to answer basic questions or provide instructions on how to pay the proposed fees.

“The cost estimate to complete this request is $330.96,” wrote Lawrence Pacheco, director of communications for the Colorado Attorney General’s Office. “We have a public list available for no cost, but again, it is not comprehensive.”

Weiser, who refers to himself as “the people’s lawyer,” is running for governor and has increased his litigation against the federal government since deciding to enter the race. Cases are featured prominently at the top of the front page of the Colorado Attorney General’s Office website.

"They're clearly political lawsuits," said Dick Wadhams, former chair of the Colorado Republican Party. "Taxpayers are subsidizing these political lawsuits... Weiser has made these lawsuits the centerpiece of his campaign. I guess my question would be, 'What are they afraid of?'"

Weiser has also faced questions and criticisms from fellow Democrats. Michael Bennet — Weiser's opponent in the upcoming primary — has portrayed the taxpayer-funded lawsuits as a campaign stunt.

"We can’t sue our way to more affordable housing, better health care, or an education system that serves every kid," said Nellie Moran, manager of the Bennet for Governor campaign. "Colorado sat out over 70% of the lawsuits against the Trump Administration during his first term... But now that he is running for Governor, he’s joined more than 80% of lawsuits and has only led 2 of them. That’s not leading, that’s following when it’s politically convenient." 

The Center Square has also requested records related to outside counsel hired by the Colorado Attorney General’s Office with taxpayer funds. Pacheco stated the records (such as contracts, invoices and billings statements) could only be provided upon receipt of $289.59. 

But Pacheco, who taxpayers paid $186,840 last year to respond to media requests, has declined to comment on basic questions related to the records. He refused to explain how the fees were calculated and has not responded to multiple follow-up emails asking for information on how to pay the proposed fees. He also declined to comment on why requests for a fee waiver were denied despite state law permitting free access to public records when records are for a “public purpose,” such as journalism or academic research.

“The agency does not have a record that provides a detailed fee breakdown,” Pacheco wrote. “The Attorney General’s Office does not have authority to provide legal advice or legal representation to individuals.”

Pacheco is a “seasoned” strategic communications advisor who specializes in “crisis communications” and has worked for the Colorado Attorney General’s Office since 2019, according to his LinkedIn profile. His duties include responding to the media and handling requests for public records. He frequently speaks on behalf of the Colorado attorney general and signs his emails as such. 

Records obtained by The Center Square show Pacheco has previously used similar tactics in responding to other requests for public records. For example, Pacheco declined to answer questions from a requestor named Samuel Newton who sought information under the Colorado Open Records Act (CORA) related to complaints against local law enforcement agencies.

“CORA doesn't allow for asking questions? As they pertain to records?” Newton asked. “Is that the AG office policy?”

“This request is now closed,” Pacheco responded. “We are unable to provide you with legal advice in response to your inquiries.”

Good faith with requestors

Colorado’s public records law was designed to promote transparency and public oversight of government, but it does not impose a statutory duty on agencies to work collaboratively or in good faith with requestors. By contrast, Utah courts have cautioned that agencies should avoid “adversarial combat” in responding to records requests. Several other neighboring states require agencies to collaborate with requestors to identify records. 

“Maybe we should try to get something like that in Colorado,” said Jeff Roberts, executive director of the Colorado Freedom of Information Coalition

The federal government has encouraged government agencies to engage with requestors “in a spirit of cooperation” and to “maintain good communication,” which includes providing requestors with a breakdown of fees. Government agencies in the District of Columbia are required to contact requestors and make "every reasonable effort... to assist in the identification and location of requested records." 

The Center Square has conducted an analysis of the public records laws in all 50 states to determine which states require or encourage agencies to communicate in good faith with members of the public who request public records.

Although Pacheco’s job responsibilities involve responding to media inquiries, Colorado law does not require him to communicate with the media or to help members of the public in identifying public records.

"I'm amazed that they're trying to conceal public documents like this," Wadham said. "I find it astonishing that they would not be very forthcoming about this. I'm very surprised, and I think it's highly inappropriate. If (Weiser) is going to brag about all these lawsuits, he damn well ought to share all the information with the public... Why wouldn't he want to be totally forthcoming?"

Roberts said he was disappointed to hear of a public information officer declining to respond to a media inquiry, but he was not surprised at the lack of transparency surrounding fees for public records.

“It happens all the time,” Roberts said. “The requestor doesn't have enough information to know what the government agency is actually doing… In Colorado, it frequently comes down to who the records custodian is and their willingness to work with the requestor. If they’re the (communications director), that’s part of their job to do that.”

Roberts, who also serves as the president of the National Freedom of Information Coalition, has heard his fair share of horror stories surrounding public records disputes in Colorado. He runs a hotline to help requestors obtain public records and has responded to 7,400 inquiries. He believes some government agencies in Colorado have shown a willingness to work collaboratively with requestors, even if the law doesn’t require it.

“These public records belong to us, so there shouldn't be so many obstacles,” Roberts said. “My hope is that anybody out there working in government on a public records request would be willing to work with records requestors to help them find the records they're looking for without having to pay exorbitant fees… I don’t know what anybody’s motivation is. I don’t know if they’re trying to purposefully make it so expensive that they’re pricing people out of public records. It’s hard for me to say that, but people are often priced out.”

The Center Square intends to pay for the records under protest of the fees and has been waiting for more than a week to receive instructions on how to submit payment so we can continue reporting on this developing story.