Colorado Politics

Democrat Mike Foote launches campaign for Boulder DA whether he’s appointed or not

State Rep. Mike Foote, a Lafayette Democrat, on Wednesday said he’s running for Boulder County district attorney whether he wins appointment to the office later this month or not.

Gov. John Hickenlooper plans to name a replacement by March 1 for Boulder County District Attorney Stan Garnett, who announced last month he’s stepping down after 10 years as the county’s top prosecutor to take a job with a law firm.

Foote, a deputy district attorney under Garnett, is one of three applicants for the position to have announced interest publicly. The others are Michael Dougherty, the assistant district attorney for Jefferson and Gilpin counties and a Democrat, who suspended his campaign for attorney general last week to pursue the job, and Tim Johnson, a deputy district attorney in the office and also a Democrat.

“The vacancy and upcoming elections present a very quick timeline,” Foote said in a statement. “I’m eager to connect with Boulder County voters, share my vision for the office with them, and earn their support as their next district attorney.”

Garnett was elected to his third term in 2016, but there will be a special election for the office in November if he departs before then. Precinct caucuses take place on March 6, just five days after Garnett’s scheduled last day on the job.

Johnson told Colorado Politics he doesn’t believe state law allows a candidate to announce a run the anticipated special election until the office actually becomes vacant and the governor appoints a replacement.

“Pursuant to the election laws, I don’t think I am allowed to announce a run for 2018 until the governor acts. So at this time I am complying with my read of the elections laws,” Johnson said, noting that he wasn’t going to comment on whether he plans to run for the seat.

Through a spokesman, Dougherty declined to comment on Foote’s announcement.

Garnett told Colorado Politics he respects Foote’s decision to launch a campaign but is relying on Hickenlooper to name his replacement.

“I have great respect for Mike Foote and I have enjoyed working with him during my nearly 10 years as District Attorney,” Garnett said in a statement. “I respect his decision to announce his candidacy at this time but I have confidence in the governor’s selection process and I will support and work closely with whomever the governor appoints to assure a smooth transition. My No. 1 priority is the continued success of this office and the well being of its employees.”

Along with kicking off his campaign, Foote announced he has the support of U.S. Rep. Jared Polis, the five-term Boulder Democrat running for governor, along with every legislator representing Boulder County and the county’s three commissioners, all Democrats.

Foote, 45, is serving his third term representing House District 12, covering Longmont, Lafayette and Louisville in eastern Boulder County. The graduate of the University of Colorado Law School lives in Lafayette with his wife and two children. He’s worked at the Boulder DA’s office for 14 years.

“I am committed to this community and committed to the Boulder County district attorney’s office,” Foote said. “Since I started at the Legislature in 2013, I’ve worked every day on behalf of Boulder County families. My experience representing the community, along with my time working as a deputy district attorney in this office will help me build upon the great things Stan Garnett and his staff have already achieved.”

Foote said he is still seeking the appointment from Hickenlooper to fill the post.

A spokeswoman for Hickenlooper told Colorado Politics the governor is reviewing applications and plans to release a list of finalists once that’s available but otherwise had no comment about Foote’s move.

“I’m proud of the work I’ve done representing eastern Boulder County at the Capitol,” Foote said. “It will influence my service as district attorney. The Boulder office will be a national leader in restorative justice, juvenile and young adult diversion programs, and criminal justice reform measures that improve public safety. It will be professional, honest, and transparent. It will represent the community well. I’m excited about the opportunity to share my vision for the district attorney’s office with Boulder County voters and earn their trust.”

This post has been updated to include Garnett’s comment about Foote’s campaign and the vacancy process.

 

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