Douglas Bruce Not In Contempt But Must Testify

DENVER (AP) ― A judge ruled Tuesday that anti-tax activist Douglas Bruce won't be held in contempt of court for not testifying in a lawsuit about tax-cutting ballot measures, but he will have to answer questions about them.

Denver District Judge Brian Whitney rejected the Colorado attorney general's request to hold Bruce in contempt after state officials tried and repeatedly failed to serve him with a subpoena.

Government lawyers argued that the author of Colorado's Taxpayer's Bill of Rights illegally avoided answering questions about three proposals on the November ballot. Bruce has said he has nothing to do with those measures and was out of state when state officials tried to subpoena him.

Bruce wrote a 1992 constitutional amendment that limits government spending and taxing in Colorado.

Although he wasn't found in contempt of court, Bruce was ordered to appear for a deposition within three weeks to answer questions about his involvement with the initiatives: Amendments 60 and 61 and Proposition 101.

The Denver Post reports that Bruce's attorney, David Lane, said his client will likely fight any attempt to make him testify about his stances on the measures. Lane said inquiring about those activities would violate Bruce's First Amendment right to associate politically with whom he pleases.

"Douglas Bruce is not obligated to set forth any of his political beliefs," Lane said after the court hearing. "His life doesn't become an open book."

The secretary of state's office wanted Bruce to testify earlier this year in an administrative case looking into who is financing the three ballot measures. The initiatives would limit the ability of local and state governments to borrow and spend money.

A Colorado administrative court ruled in June that Bruce helped get the proposals on the ballot and that three other people involved should have disclosed their contributions. Those three people were fined $2,000 each for not reporting their contributions but Bruce wasn't.


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