CANDIDATE

QUEsTIONNAIRE

Each candidate for the office of the Colorado Attorney General was invited to respond to the ACLU of Colorado Attorney General Questionnaire. Candidates were given the opportunity to respond to a series of Yes/No questions with space to comment. Click through to read their full comments. 

PHIL WEISER: COMPLETE CANDIDATE QUESTIONNAIRE

GEORGE BRAUCHLER: COMPLETE CANDIDATE QUESTIONNAIRE

 
 

 

1.

 

Do you agree that there are racial disparities throughout the criminal process that negatively, disproportionately, and unfairly impact communities of color? 

 

PHIL WEISER

Yes

GEORGE BRAUCHLER

 

 

2.

 

If you are presented with strong evidence of systemic racial bias in a particular local law enforcement agency would you use your civil enforcement authority to correct the situation?

 

PHIL WEISER

Yes

GEORGE BRAUCHLER

 

 

3.

 

Do you believe Colorado incarcerates far too many people for an extended period of time?

 

PHIL WEISER

yes

GEORGE BRAUCHLER

 

 

4.

 

In Colorado’s current money bail system, two individuals who commit the same crime often face differing outcomes based on their socioeconomic status. If elected Attorney General, will you actively support substantial reforms to Colorado’s money bail system to ensure that people are not incarcerated pretrial solely because they do not have the means to pay their bail?

 

PHIL WEISER

yes

GEORGE BRAUCHLER

 

 

5.

 

California Attorney General Xavier Becerra stated that his office defends bail determinations that take into account what the defendant can afford to pay. As Attorney General would you refuse to defend bail settings undertaken without meaningful consideration of a defendant’s ability to pay and alternatives to wealth-based pretrial detention?

 

Phil Weiser

George Brauchler

 

 

6.

 

Maryland Attorney General Brian E. Frosh issued an opinion for the General Assembly concluding that an individualized inquiry into defendants’ ability to pay a monetary bail amount is constitutionally required. If elected Attorney General, will you commit to issuing a similar opinion examining the constitutionality of wealth-based pretrial detention within your first year in office?

 

Phil Weiser

George Brauchler

 

 

7.

 

Immigration and Customs Enforcement (ICE) often asks sheriffs to hold prisoners past their release date. Several courts around the country, including one state court in Colorado, have ruled that a sheriff’s decision to honor these detainer requests violates the law. Do you agree that Colorado sheriffs exceed their authority under Colorado law by continuing to jail individuals who are eligible for release solely based on a detainer request issued by ICE?

PHIL WEISER

yes

GEORGE BRAUCHLER

 

 

8.

 

 

Maryland Attorney General Brian E. Frosh issued a memorandum advising state and local law-enforcement agencies not to hold individuals past their release dates on behalf of federal authorities unless they have a judicial warrant or probable cause that the subject of the detainer has committed a crime. As Attorney General, would you commit to issuing a similar advisory opinion within your first year in office?

Phil Weiser

george brauchler

 

 

9.

 

Massachusetts Attorney General Maura Healey filed a brief arguing that Massachusetts law provides no authority for officers to hold an individual solely on the basis of a federal civil immigration detainer beyond the time that they would otherwise be released from state custody. As Attorney General, would you commit to taking a similar position with regard to Colorado law, in an amicus brief, if the opportunity arose? 

 

phil weiser

yes

GEORGE BRAUCHLER

 

 

10.

 

In 2017, about 60,000 Colorado driver’s licenses were cancelled due to unpaid traffic tickets. Do you believe that suspending driver’s licenses should be reserved for bad driving, not debt collection?

 

PHIL WEISER

YES

GEORGE BRAUCHLER

 

 

11.

 

Recently in Tennessee, a federal district court ruled that the state’s practice of revoking the driver’s license of any person who failed to pay court debt for one year or more does not survive rational basis scrutiny and is unconstitutional. Do you commit to writing an opinion opposing this practice within your first year in office?

 

PHIL WEISER

GEORGE BRAUCHLER

 

 

12.

 

Do you believe that the public, with few exceptions, has a right under Colorado open records law to obtain records reflecting internal investigations into serious allegations of misconduct related to an officer’s on-duty conduct involving a member of the public? 

 

PHIL WEISER

YES

GEORGE BRAUCHLER

 

 

13.

 

Do you agree that, with few exceptions, children held in juvenile detention centers have a right to access their own files kept by the Division of Youth Services, especially in situations where there have been allegations of institutional abuse?

 

PHIL WEISER

YES

GEORGE BRAUCHLER

 

 

14.

 

If the state legislature passed a bill prohibiting cooperation between state employees and ICE, would you defend this law against possible federal attack?

 

 

PHIL WEISER

YES

GEORGE BRAUCHLER

 

 

15.

 

Attorneys General of multiple states have filed lawsuits against the Trump Administration to challenge unconstitutional policies including: travel bans to prevent individuals from certain countries from entering the US; a ban on openly transgender people in the U.S. military; and the infamous policy of family separation at the border. As Attorney General would you join similar lawsuits that challenge federal government policies that harm Coloradans?

 

PHIL WEISER

YES

GEORGE BRAUCHLER

 

 

16.

 

A coalition of 19 Attorneys General filed comments opposing the Department of Health and Human Service’s Proposed Rule that sought to unlawfully expand the ability of businesses and individuals to refuse to provide necessary health care on the basis of their “religious, moral, ethical, or other beliefs.” If permitted, would you join in these comments and oppose a proposed rule that places ideology above patient safety and care?

 

PHIL WEISER

Yes

GEORGE BRAUCHLER