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ORIGINALPROCEEDING
IN
DISCIPLINE
BEFORETHE
PRESIDINGDISCIPLINARY
JUDGE
1560Broadway,
Suite
675
Denver,
Colorado
80202
Complainant:
THE
PEOPLE
OFTHE
STATE
OF
COLORADO
..
COURT
USE
ONLY
..
Respondent:
ALISON
MAYNARD
April
M.
McMurrey,
#34194
Assistant
Regulation
Counsel
Attorney
for
Complainant
1560Broadway,
Suite
1800
Denver,Colorado
80202
Telephone:
(303)
866-6400,
ext.
6432
Fax
No.:(303)
893-5302Case
Number:
09PDJ028
COMPLAINANT'SOBJECTIONTOSEANHARRINGTONANDSUZANNESHELL'S
REQUESTS
FOR
EXPANDEDMEDIACOVERAGE
The
complainant,by
and
through
April
M.
McMurrey,
Assistant
Regulation
Counsel,
hereby
objects
to
the
requests
for
expanded
media
coverage
filed
by
Sean
Harrington
and
Suzanne
Shell
and
states
as
follows:
1.
On
March
26,2010,
viaemail,
Sean
Harrington
("Mr.
Harrington"),
submitted
a
request
for
expanded
media
coverage.
2.Mr.
Harringtonis
not
therespondent
or
a
witness
In
this
disciplinaryproceeding.
3.
OnMarch29,2010,
via
facsimile,
Suzanne
Shell
C'Ms.Shell"),
submitted
a
request
for
expanded
media
coverage.4.
Shellis
not
therespondent
or
a
witness
inthis
disciplinary
proceeding.
The
"media
group"
listed
on
Shell's
request
is
"Peoplefor
Equal
Protection.
"
- ~
------
5.
The
People
note
at
the
outset
that
Mr.
Harrington
and
Ms.
Shell
are
welcome
to
attendthe
Maynard
disciplinary
hearing,
observe
the
proceedings
and
report
thesame
to
whomeverthey
wish.
Such
hearings
arepublic
proceedings.
See
C.R.C.P.251.31(c).
The
People
object,
however,
to
Mr.
Harrington
and
Ms.
Shell's
request
for
expansion
of
their
own
coverageof
thishearingthrough
the
use
of
avideo
camera,
video
operator,
audio
recordingdevices
and
still
photography.ThePDJcourtroom
has
verylimited
space,
and
is
not
large
enough
to
sustainsuchan
additional
presence
(the
equipment
and
operator)
without
impeding
thepresentation
ofevidence
and
argument
inthis
disciplinary
matter.
6.
TheColoradoCodeof
Judicial
Conduct,
Canon
3(8)
applies
to
these
proceedings.
That
Canon
provides
in
pertinent
part
that
a
judge
"mayauthorize
expandedmedia
coverageof
court
proceedings"
subject
to
certain
guidelines.The
Canon
specifically
leaves
the
decisionto
the
discretion
of
the
judge
withthe
use
of
the
permissive
"may."7.
Canon
3(8)(a)(V)
defines
"media"
as
"anynews
gatheringorreportingagency
and
the
individual
persons
involved,
and
includesnewspapers,
radio,
television,
radio
and
television
networks,news
services,
magazines,
tradepapers,in-house
publications,professional
journals,
or
anyother
newsreporting
ornews
gatheringagencywhosefunctionit
is
to
inform
the
public
or
some
segment
thereof."
8.
Mr.
Harrington
does
not
meetthe
definitionof
a
"newsgathering
or
reporting
agency,"
for
thepurpose
of
expandedmedia
coverage.
Mr.
Harrington
is
an
individual
and
does
not
operate
any
newspaper,
radio,
television,
news
service,
magazine,
trade
paper,journalorothernewsgathering
agency.
Mr.
Harrington
is
not
a
member
of
the
Colorado
Press
Association
or
the
Colorado
Broadcasting
Association
or
any
other
recognized
association
ofnewsgathering
agencIes.9.
Instead
Mr.
Harrington's
past
tenyears
is
best
described
in
aU.S.
Court
ofAppeals
Tenth
Circuit
order:
To
say
that
Sean
Harringtonbegan
this
action
onSeptember
23,
2005,would
be
at
once
perfectly
accurate
and
highlymisleading.
That
is
the
day
Mr.
Harrington
filed
suit
in
federal
district
court,
listing
tendefendants
and
twenty-eightclaims
forrelief.
But
in
fact,Mr.
Harrington's
federal
suit
isonly
the
latest
installmentin
a
long-runningbattle
forMr.
Harrington's
only
child,
a
battle
waged
largely
inJeffersonCounty,
Colorado,
District
Court
over
a
span
ofsix
years.In
that
time,
Mr.
Harrington
has
launched
a
barrage
of
motions,actions,
and
petitions
2
aimed
at
regammgaccess
to,
if
notcustody
of,
hisdaughter
Shelby,
which
he
lost
upon
his
divorce
in
May
2000.
Frustrated
at
his
lackof
successin
state
court,
Mr.
Harrington
broughthis
campaign
to
the
federal
court
system
[in
2005],
and
has
named
inhis
action
heredefendantsranging
from
his
former
wifeto
the
ColoradoAttorneyGeneral.
See
July
18,
2007,
Tenth
Circuit
Court
of
Appeals
Order
in
Sean
Harrington,
v.
MadelineWilson,et.al,
242
Fed.
Appx.
514,
2007
WL
2045485
(C.A.10),a
copy
ofwhichis
attached
to
this
motion
as
Exhibit
1.
See
also
"Stipulated
Agreement
Modifying
Parental
Responsibilities,
Parenting
Time
and
Resolutionof
all
Outstanding
Issues"
from
Harrington
v.
Harrington,
99DR3717
(Jefferson
CountyDistrict
Court),
a
copyof
whichis
attached
to
this
motion
as
Exhibit
2.
10.Mr.
Harrington
now
operates
a
website
in
whichheposts
statements
critical
of
"the
divorce
industry"
and
the
attorney
regulationprocess.
Hosting
a
websitedoes
not
constitute
a
"news
gatheringor
reporting
agency."Mr.
Harrington
can
takenotes
and
report
the
hearingwithout
a
camera
or
video
operator.For
this
reason,
Mr.
Harrington'spersonalrequest
for
expandedmedia
coverage
should
bedenied.
11.Mr.
Harrington'srequest
indicates
he
has
been
contacted
by
"Peoplefor
Equal
Protection",
that
pooling
arrangements
havebeenmade
with
Peoplefor
Equal
Protection,
and
that
a
designated
representative
of
Peoplefor
Equal
Protection
will
actually
be
providing
the
video
camera
and
operator
in
the
courtroom.
12.
According
to
the
Colorado
Secretaryof
State's
website,
Suzanne
Shell
("Ms.Shell")
is
the
registered
agent
of
"Peoplefor
Equal
Protection".
Ms.
Shell
was
enjoined
from
the
unauthorized
practiceoflaw
in
People
v.
Shell,
01SA0136,
in2001.
Ms.
Shell
was
then
found
in
contempt
of
the
Colorado
SupremeCourt'sorder
ofinjunction,
and
was
fined
$6,000
in
December2006.
See
People
v.
Shell,
148.
P.3d
162
(Colo.
2006).
Ms.
Shell
has
not
made
any
payment,
not
even
a
partialpayment,onthis
Colorado
Supreme
Court-ordered
fineto
date.
See
C.R.C.P.107(a)(4),
which
provides
that
a
court-ordered
fine
is
a
sanction
"for
conduct
that
is
found
to
be
offensive
to
the
authority
and
dignity
of
the
court."
13.Ms.
Shell's
People
for
Equal
Protectiondoes
not
operate
any
newspaper,
radio,
television,
news
service,
magazine,
trade
paper,
journal
or
other
news
gathering
agency.
Whenone
attempts
to
search
for
any
priorpublication
from
People
For
Equal
Protection,
onedoes
not
find
any
publication.
When
one
performs
an
internet
search
for
People
For
Equal
3
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