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September 30, 2010 07:34 PM UTC

At Least He's Not Your District Attorney

  • 17 Comments
  • by: Ralphie

(Another episode of Law and Order.  In the criminal Justice System the people are served by two classes of people — the Police, who investigate crimes, and the District Attorneys, who in this case, at least, are accused of commiting them…

DOINK DOINK – promoted by Voyageur
)

Or maybe he is.

Seventh Judicial District DA Myrl Serra is sitting in the Montrose County jail this morning, suspected of a variety of sex crimes.

According to a press release from the Attorney General’s office, Serra has been arrested “on suspicion of unlawful sexual contact no consent with force or threats, a class-four felony (§ 18-3-404, 18-3-402, C.R.S.); indecent exposure, a class-three misdemeanor (§ 18-7-302, C.R.S.); and first-degree official misconduct, a class-two misdemeanor (§ 18-8-404, C.R.S.)”

Lieutenant Governor Barbara O’Brien, who is acting for Governor Ritter, appointed the Attorney General’s office as a special prosecutor to investigate the case.

Serra is a Republican.  He was appointed to fill the unexpired term of Tom Raynes, who resigned from office, and successfully ran for election in 2008.

The 7th Judicial District covers Gunnison, Hinsdale, Ouray, San Miguel, Montrose, and Delta counties.

Comments

17 thoughts on “At Least He’s Not Your District Attorney

    1. Along with how he got to office and when he was elected. Is it false or otherwise a problem?  I could have taken the mainstream media approach and just rearranged the words in the press release rather than looking that shit up.  Would that have made you happier?

  1. It is nice to know that we live in a state that is sufficiently non-corrupt that even when a senior elected official, in a rural area where one political party is almost sure to win every local office in every election, who has no direct superiors, and who is in charge of the entire criminal prosection function for his territory is charged with committing a crime, that the system is capable of investing a rape complaint against him, taking it seriously, and prosecuting that individual through the criminal justice system like anyone else to the extent possible, while taking steps to make sure that the criminal justice system continues to operate smoothly.

    In an ideal world, every elected official would be a saint and no one elected official would ever have to be charged with a criminal offense.  But, in the non-ideal world that we live in, this is how these kind of incidents should be handled.

    Kudos to Lieutenant Governor Barbara O’Brien for taking charge and managing this sensitive matter that has come up while Governor Ritter off on other business.

    It also bears mention that the Attorney General’s office, which is taking over Myrl Serra’s job and prosecuting the case, is headed by Republican John Suthers right now and that his office clearly had to be involved intimately in the handling of this case, so there will not be a short term change in the partisan control of that office and helps erase any notion that this action is politically motivated.  Perhaps it is only because an election is coming up, but Suthers has been playing nice with the leaders of the other party lately, unlike most of his partisan colleagues in legislative positions and on the campaign trail.

    Of course, at this point, this is good for the GOP too.  The only way that the GOP is going to lose a DA’s race in the 7th Judicial District is by running a candidate whose mug shot from jail has been on the evening news after being arrested for a violent crime.

    Also, Mryl Serra is two years away from the the next election, so this action does not have an appearance of having been brought for the purpose of influencing the election to this office on the basis of innuendo before a jury can result the case on its merits.

    Article VI, Section 20, Clause (4) of the Constitution of the State of Colorado says:

    “Vacancies occurring in the office of district attorney shall be filled by appointment of the governor.  District attorneys appointed under the provisions of this section shall hold office until the next generl election and until their successors elected therat shall be duly qualified.  Such sucessors shall be elected for the remainder of the unexpired term in which the vacancy was created.”

    I assume that the office will not be more than temporarily vacant until the criminal case is concluded or Serra resigns, and the general election is just less than five weeks away, so I don’t see any way that a vacancy could make its way onto the the 2010 ballot, and Serra’s term ends in 2012, so the person appointed by the Governor (Ritter or our next Governor, depending on the timing and assuming that there is not an acquittal that allows Serra to keep the job), will serve until the winner of the 2012 election takes office.

    The job requires that one be a lawyer, and if there is a conviction on any count, the Attorney Regulation Counsel is almost certain to ask that his law license be revoked or suspended, given that he is a lawyer with pre-eminent responsibility for enforcing the criminal laws, so a conviction on any count makes it very likely that he wouldn’t be able to run for re-election, even if he could somehow get on the ballot.

  2. He should be on this thread, championing Serra as an example of a fine, decent person who’s going to win anyways, so why are you smearing and demotivating him? He should be holding his head high blah blah blah…

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