Document Type

Article

Publication Date

1959

Publication Information

35 Notre Dame Law. 165 (1959).

Abstract

The Supreme Court of Colorado heard on appeal a tax dispute between the State Board of Equalization and Arapahoe County and, in announcing a decision in favor of the board, delayed publication of its formal written opinion for one week. At the time the decision was announced the opinion had been written, but had not been prepared for publication. Four days later respondent published an editorial in his newspaper attacking the decision, suggesting that it was inspired by political rather than legal considerations, and intimating that popular disapproval might result in a written opinion mitigating some of the decision's rigor. Under Colorado procedure, the parties had time to file for rehearing. Two days after the editorial—six days after the decision—a thirty-two page opinion was printed. Two days after the publication the court, on its own motion, cited respondent for constructive criminal contempt. Respondent filed an answer to the citation and orally defended himself in an open hearing. Held; two of six participating justices dissenting: not guilty. In Re Jameson, 340 P.2d 423 (Colo. 1959).

Comments

Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).

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