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Internal affairs secrecy contributes to a “code of silence” or “blue wall” in law enforcement, a Denver district court judge wrote in a 2005 decision, “by creating the expectation that things will be kept in house and away from objective outsiders.” Transparency, on the other hand, enhances public confidence in a police department, concluded Judge Catherine A. Lemon upon ordering the release of an internal affairs file. Knowing they will be scrutinized “makes investigators do a better job and makes them and the department more accountable to the public.” Colorado House Bill 19-1119, passed by the General Assembly and signed into law April 12 by Gov. Jared Polis, will penetrate Colorado’s “blue wall” by opening records on completed internal affairs investigations. it’s unlikely we would have this important new law without research conducted by University of Denver Sturm College of Law professor Margaret Kwoka and DU law students Bridget DuPey and Christopher McMichael. Their 2018 report, “Access Denied,” provided the hard evidence needed to convince state lawmakers that reforms were necessary. Kwoka, DuPey and McMichael requested internal affairs files from 43 law enforcement agencies across the state. Only two showed any willingness to release records to the public.
Jeff Roberts, Colorado Freedom of Information Coalition
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