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HOUSE BILL 26-1134
BY REPRESENTATIVE(S) Mabrey and Velasco, Bacon, Carter, Clifford,
Garcia, Gilchrist, Zokaie, Boesenecker, Brown, Camacho, English,
Espenoza, Froelich, Goldstein, Jackson, Joseph, Lieder, Lindsay,
McCormick, Nguyen, Phillips, Rutinel, Sirota, Story, Woodrow;
also SENATOR(S) Amabile and Weissman, Coleman, Gonzales J.,
Hinrichsen, Roberts, Wallace, Exum, Jodeh, Kipp, Marchman, Mullica,
Sullivan.
CONCERNING MEASURES TO ENSURE THAT MUNICIPAL COURT DEFENDANTS
ARE SUBJECT TO CONDITIONS SIMILAR TO STATE COURT DEFENDANTS.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 13-1-132, amend
(3.5)(a) introductory portion, (3.5)(a)(III), and (4); and add (3.5)(a)(III.5)
and (3.5)(h) as follows:
13-1-132. Use of interactive audiovisual devices and
communication technology in court proceedings.
(3.5) (a) All Colorado courts, including municipal courts, shall make
any criminal court proceeding conducted in open court available for remote
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
public viewing and listening in real time, at no cost to the public CHARGE,
through an online platform, which may include a participatory web
conferencing platform, and post prominently on the court's website the links
for remote observation, unless:
(III) Technology Staffing or internet issues limit or prevent remote
observation; or
(III.5) TEMPORARY OR INTERMITTENT INTERNET OR TECHNOLOGY
ISSUES LIMIT OR PREVENT REMOTE OBSERVATION; OR
(h) T HE EXCEPTIONS DESCRIBED IN SUBSECTIONS (3.5)(a)(I) AND
(3.5)(a)(III) OF THIS SECTION DO NOT APPLY TO COURT PROCEEDINGS IN
WHICH THE DEFENDANT IS IN CUSTODY AND CHARGED WITH A MUNICIPAL
VIOLATION FOR WHICH THE MUNICIPAL CODE ALLOWS A POSSIBLE SENTENCE
OF INCARCERATION.
(4) THE REQUIREMENTS OF THIS SECTION SUPERSEDE ANY STATUTE,
JUDICIAL GUIDANCE, OR CHIEF JUSTICE DIRECTIVE LIMITING REMOTE PUBLIC
OBSERVATION OF CRIMINAL COURTS, INCLUDING CHIEF JUSTICE DIRECTIVE
23-02 ADOPTED BEFORE THE EFFECTIVE DATE OF HOUSE BILL 26-1134. The
supreme court may prescribe rules of procedure pursuant to section
13-2-109 to implement this section, BUT THE RULES MUST NOT NARROW OR
CONFLICT WITH THE REQUIREMENTS OF THIS SECTION.
SECTION 2. In Colorado Revised Statutes, amend 13-10-103 as
follows:
13-10-103. Applicability.
This article 10 applies to and governs the operation of municipal
courts in the cities and towns of this state. Except for the provisions relating
to the method of salary payment for municipal judges; the incarceration of
children pursuant to sections 19-2.5-305 and 19-2.5-1511; the appearance
of the parent, guardian, or lawful custodian of any child under eighteen
years of age who is charged with a municipal offense as required by section
13-10-111; the failure to appear pursuant to section 13-10-127; the right to
a trial by jury for petty offenses pursuant to section 16-10-109; relief from
improperly entered guilty pleas pursuant to section 18-1-410.6; the
prosecution of an alleged act of domestic violence, as defined in section
PAGE 2-HOUSE BILL 26-1134
18-6-800.3; making a criminal court proceeding conducted in open court
available for remote public viewing and listening in real time; rules of
procedure promulgated ADOPTED by the supreme court; and appellate
procedure; THE SENTENCING LIMITATION IN SECTION 13-10-113 (1.5); AND
THE RIGHT TO COUNSEL FOR CERTAIN INDIGENT DEFENDANTS PURSUANT TO
SECTION 13-10-114.5, this article 10 may be superseded by charter or
ordinance enacted by a home rule city.
SECTION 3. In Colorado Revised Statutes, 13-10-111.5, amend
(2), (3)(a) introductory portion, and (3)(a)(I); and add (3)(c) as follows:
13-10-111.5. Notice to municipal courts of municipal holds.
(2) Once a municipal court receives notice that the A defendant is
being held solely on the basis of a municipal hold, the municipal court shall
hold a hearing within forty-eight hours after the receipt of such a THE
notice. The county sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall make
the in-custody defendant available to appear in a timely manner before a
municipal judge for a hearing required by this subsection (2) at the date and
time mutually agreed to by the county sheriff and municipal court. This
subsection (2) must not be construed to DOES NOT require the county sheriff
OR MUNICIPAL JAIL ADMINISTRATOR to transport the in-custody defendant
to the municipal court. It is not a violation of this section if a bond hearing
is not held within forty-eight hours when the delay is caused by
circumstances in which the defendant refuses to attend court, is unable to
attend court due to drug or alcohol use, a serious medical or behavioral
health emergency, or when the delay is caused by an emergency that
requires the court to close. When the A defendant is unable to attend court,
the sheriff OR MUNICIPAL JAIL ADMINISTRATOR shall provide the court AND
MUNICIPAL PUBLIC DEFENDER'S OFFICE, IF ONE EXISTS, with a list of people
subject to this section who did not timely attend court, the date of the
person's arrest, and the location where the person is in custody. The sheriff
OR MUNICIPAL JAIL ADMINISTRATOR shall document the length of the delay,
the reason for the delay, and the efforts to abate the emergency. As soon as
the emergency has sufficiently abated, the sheriff OR MUNICIPAL JAIL
ADMINISTRATOR shall make the in-custody defendant available to appear
before the municipal court at the next scheduled bond hearing. Use of
audiovisual conferencing technology is permissible to expedite the hearing.
When high-speed internet access is unavailable, making audiovisual
conferencing impossible, the court may conduct the hearing telephonically.
PAGE 3-HOUSE BILL 26-1134
(3) (a) At the hearing required in PURSUANT TO subsection (2) of this
section, the municipal court shall either:
(I) Arraign the defendant, INCLUDING ADVISEMENT, BOND SETTING,
AND PLEA, UNLESS THE DEFENDANT SEEKS A PLEA CONTINUANCE; or
(c) (I) AT THE HEARING REQUIRED PURSUANT TO SUBSECTION (2) OF
THIS SECTION , THE DEFENDANT HAS THE RIGHT TO BE REPRESENTED BY
COURT-APPOINTED INDIGENT DEFENSE COUNSEL PURSUANT TO SECTION
13-10-114.5.
(II) (A) BEFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION
(2) OF THIS SECTION, THE COURT SHALL NOTIFY INDIGENT DEFENSE COUNSEL
OF EACH PERSON IN CUSTODY AND PROVIDE INDIGENT DEFENSE COUNSEL
SUFFICIENT TIME TO PREPARE FOR AND PRESENT AT THE HEARING AN
INDIVIDUALIZED ARGUMENT REGARDING THE TYPE OF BOND AND
CONDITIONS OF RELEASE, CONSISTENT WITH THE COURT 'S DOCKET AND
SCHEDULING PRIORITIES.
(B) BEFORE THE HEARING REQUIRED PURSUANT TO SUBSECTION (2)
OF THIS SECTION , THE SHERIFF AND JAIL PERSONNEL SHALL PROVIDE
INDIGENT DEFENSE COUNSEL ACCESS TO THE DEFENDANT WHO WILL BE
APPEARING AT THE HEARING AND SHALL ALLOW INDIGENT DEFENSE COUNSEL
SUFFICIENT TIME WITH THE DEFENDANT PRIOR TO THE HEARING IN ORDER TO
PREPARE FOR THE HEARING.
(III) T HE MUNICIPAL COURT SHALL NOTIFY THE PROSECUTING
ATTORNEY OF EACH PERSON WHOSE MATTER IS SET FOR A HEARING
REQUIRED PURSUANT TO SUBSECTION (2) OF THIS SECTION . THE
PROSECUTING ATTORNEY MAY APPEAR AT ALL INITIAL HEARINGS TO PROVIDE
THE PROSECUTING ATTORNEY'S POSITION REGARDING THE TYPE OF BOND
AND CONDITIONS OF RELEASE , AND THE COURT SHALL PROVIDE THE
PROSECUTING ATTORNEY SUFFICIENT TIME TO PREPARE FOR AND PRESENT
ANY RELEVANT ARGUMENT, CONSISTENT WITH THE COURT 'S DOCKET AND
SCHEDULING PRIORITIES.
(IV) PRIOR TO THE HEARING REQUIRED PURSUANT TO SUBSECTION
(2) OF THIS SECTION, ANY PRETRIAL SERVICES AGENCY OPERATING IN THAT
MUNICIPALITY, OR ANY OTHER AGENCY THAT REPORTS TO THE COURT, THAT
HAS CONDUCTED A PRETRIAL RELEASE ASSESSMENT OR GATHERED
PAGE 4-HOUSE BILL 26-1134
INFORMATION FOR THE COURT 'S CONSIDERATION AT THE HEARING SHALL
PROVIDE THE PROSECUTING ATTORNEY AND THE DEFENDANT 'S ATTORNEY
ALL INFORMATION PROVIDED TO THE COURT REGARDING THE DEFENDANT IN
CUSTODY, WHICH MUST INCLUDE, IF PROVIDED TO THE COURT, THE ARREST
WARRANT, THE PROBABLE CAUSE STATEMENT , AND THE DEFENDANT 'S
CRIMINAL HISTORY.
SECTION 4. In Colorado Revised Statutes, 13-10-112, add (3) and
(4) as follows:
13-10-112. Powers and procedures.
(3) ABSENT THE FINDINGS REQUIRED PURSUANT TO COLORADO LAW,
EACH MUNICIPAL COURT SHALL ENSURE ALL COURT PROCEEDINGS ,
INCLUDING COURT PROCEEDINGS FOR DEFENDANTS IN CUSTODY , ARE
ACCESSIBLE TO ANY MEMBER OF THE PUBLIC FOR PUBLIC OBSERVATION.
(4) I F A MUNICIPAL COURT RECEIVES NOTICE THAT A DEFENDANT
WHO HAS A CRIMINAL OR TRAFFIC MATTER PENDING BEFORE THE COURT IS
IN CUSTODY IN COLORADO FOR ANY REASON, THE MUNICIPAL COURT SHALL
MAKE DILIGENT EFFORTS TO TIMELY RESOLVE THE MUNICIPAL MATTER .
DILIGENT EFFORTS INCLUDE TAKING REASONABLE STEPS TO PROMPTLY
BRING THE DEFENDANT BEFORE THE COURT WHEN THE MUNICIPAL CODE
ALLOWS FOR A POSSIBLE SENTENCE OF INCARCERATION IN THE PENDING
MATTER. THE COURT SHALL ASSIGN INDIGENT DEFENSE COUNSEL IN THE
SAME MANNER AS REQUIRED BY SECTION 13-10-114.5. A MUNICIPAL COURT
SHALL NOT DENY A DEFENDANT THE ABILITY TO APPEAR BEFORE THE
MUNICIPAL COURT BECAUSE THE DEFENDANT IS IN CUSTODY FOR ANOTHER,
NON-MUNICIPAL MATTER. FOR A HEARING OTHER THAN A TRIAL, THE COURT
MAY PERMIT COUNSEL TO APPEAR ON BEHALF OF THE DEFENDANT PURSUANT
TO THE COLORADO MUNICIPAL COURT RULES OF PROCEDURE AND PERMIT
APPEARANCE THROUGH AUDIOVISUAL OR TELEPHONIC MEANS, IF AVAILABLE.
THIS SUBSECTION (4) DOES NOT PRECLUDE A DEFENDANT FROM EXPRESSLY
AGREEING TO DELAY A MATTER ONCE THE DEFENDANT APPEARS BEFORE THE
MUNICIPAL COURT.
SECTION 5. In Colorado Revised Statutes, 13-10-113, amend
(1.5) as follows:
13-10-113. Fines and penalties.
PAGE 5-HOUSE BILL 26-1134
(1.5) Any A MUNICIPAL COURT SHALL NOT SENTENCE TO
INCARCERATION A person convicted of violating a municipal ordinance in
a municipal court which THAT is not of record may be incarcerated for a
period not to exceed ninety days or fined OR FINE THE PERSON IN an amount
not to exceed THAT EXCEEDS three hundred dollars. or both.
SECTION 6. In Colorado Revised Statutes, amend 13-10-114.5 as
follows:
13-10-114.5. Representation by counsel - independent indigent
defense - definitions.
(1) At the time of first appearance on a municipal charge, if the
defendant is in custody and the charged offense includes a possible sentence
of incarceration, the court shall appoint counsel to represent the defendant
for purposes of the initial appearance unless, after a full advisement
pursuant to C.M.C.R. 210 and sec tion 16-7-207, C.R.S., the defendant
makes a knowing, intelligent, and voluntary waiver of his or her right to
counsel. A T THE TIME OF A DEFENDANT 'S FIRST OUT -OF-CUSTODY
APPEARANCE IN MUNICIPAL COURT FOR A VIOLATION FOR WHICH THE
MUNICIPAL CODE ALLOWS FOR A POSSIBLE SENTENCE OF INCARCERATION IN
THE PENDING MATTER, THE COURT SHALL ADVISE THE DEFENDANT OF THE
DEFENDANT'S RIGHT TO COURT -APPOINTED INDIGENT DEFENSE COUNSEL .
THE COURT MAY INQUIRE AND MAKE A DETERMINATION AS TO INDIGENCE
IMMEDIATELY UPON REQUEST OR SHALL ADVISE THE DEFENDANT OF THE
PROCEDURE TO APPLY FOR COURT-APPOINTED INDIGENT DEFENSE COUNSEL
IF THE COURT DOES NOT MAKE A DETERMINATION AS TO INDIGENCE. IF THE
COURT DETERMINES THE DEFENDANT IS INDIGENT , THE COURT SHALL
APPOINT INDIGENT DEFENSE COUNSEL IN THE MUNICIPAL CASE UNLESS ,
AFTER BEING FULLY ADVISED PURSUANT TO RULE 210 OF THE COLORADO
MUNICIPAL COURT RULES OF PROCEDURE AND SECTION 16-7-207, THE
DEFENDANT MAKES A KNOWING, INTELLIGENT, AND VOLUNTARY WAIVER OF
THE RIGHT TO COURT-APPOINTED INDIGENT DEFENSE COUNSEL. THIS SECTION
DOES NOT PREVENT THE COURT FROM MAKING A DETERMINATION OF
INDIGENCE IN ADVANCE OF AN OUT-OF-CUSTODY HEARING OR AT THE SAME
HEARING WHEN THE DEFENDANT REQUESTS APPOINTMENT OF INDIGENT
DEFENSE COUNSEL.
(2) If the defendant remains in custody, the appointment of counsel
continues until the defendant is released from custody. If the defendant is
PAGE 6-HOUSE BILL 26-1134
released from custody, he or she may apply for court-appointed counsel, and
the court shall appoint counsel if the court determines that the defendant is
indigent and the charged offense includes a possible sentence of
incarceration. AN IN-CUSTODY DEFENDANT IS PRESUMED INDIGENT, AND THE
MUNICIPAL COURT SHALL AUTOMATICALLY APPOINT INDIGENT DEFENSE
COUNSEL TO REPRESENT THE DEFENDANT AT AND DURING EVERY
IN-CUSTODY COURT APPEARANCE FOR CASES IN WHICH THE MUNICIPAL CODE
ALLOWS FOR A POSSIBLE SENTENCE OF INCARCERATION , REGARDLESS OF
WHETHER THE DEFENDANT IS BEING HELD ON THE MUNICIPAL CHARGE. THE
MUNICIPAL COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL PURSUANT
TO THIS SECTION UNLESS, AFTER BEING FULLY ADVISED PURSUANT TO RULE
210 OF THE COLORADO MUNICIPAL COURT RULES OF PROCEDURE AND
SECTION 16-7-207, THE DEFENDANT MAKES A KNOWING, INTELLIGENT, AND
VOLUNTARY WAIVER OF THE RIGHT TO COURT-APPOINTED INDIGENT DEFENSE
COUNSEL. A MUNICIPALITY THAT AUTHORIZES LAW ENFORCEMENT TO
ARREST AN INDIVIDUAL FOR AN ALLEGED MUNICIPAL CODE VIOLATION SHALL
ENSURE COURT-APPOINTED INDIGENT DEFENSE COUNSEL IS PRESENT AND
AVAILABLE TO REPRESENT AN IN -CUSTODY DEFENDANT AT ALL COURT
APPEARANCES CONSISTENT WITH THIS SECTION AND AT ALL COURT
APPEARANCES THAT MUST OCCUR WITHIN THE TIME FRAMES ESTABLISHED
IN SECTION 13-10-111.5 (2). THE RIGHT TO COURT -APPOINTED INDIGENT
DEFENSE COUNSEL AT THE HEARING AND THE REQUIREMENT THAT THE
COURT CONDUCT PROCEEDINGS BEFORE SETTING BOND AS REQUIRED BY
SECTION 13-10-111.5 (3) APPLY TO COURT APPEARANCES AT WHICH THE
MUNICIPAL COURT IS REQUIRED TO SET A PERSONAL RECOGNIZANCE BOND.
(3) I F A DEFENDANT REMAINS IN CUSTODY , THE APPOINTMENT OF
INDIGENT DEFENSE COUNSEL CONTINUES AT LEAST UNTIL THE DEFENDANT
IS RELEASED FROM CUSTODY. IF A DEFENDANT IS RELEASED FROM CUSTODY,
THE DEFENDANT MAY APPLY FOR COURT -APPOINTED INDIGENT DEFENSE
COUNSEL, AND THE COURT SHALL APPOINT INDIGENT DEFENSE COUNSEL
PURSUANT TO SUBSECTION (1) OF THIS SECTION IF THE COURT DETERMINES
THE DEFENDANT IS INDIGENT AND THE MUNICIPAL CODE ALLOWS FOR A
POSSIBLE SENTENCE OF INCARCERATION.
(3.5) IF A DEFENDANT IS IN CUSTODY, CANNOT POST BAIL OR IS NOT
ALLOWED TO POST BAIL , AND HAS A MUNICIPAL HOLD BUT HAS NOT YET
APPEARED BEFORE THE MUNICIPAL COURT, INDIGENT DEFENSE COUNSEL FOR
THE HOLDING MUNICIPALITY MAY AUTOMATICALLY ELECT TO REPRESENT
THE DEFENDANT IN THE MUNICIPAL CASE AND SHALL NOTIFY THE MUNICIPAL
PAGE 7-HOUSE BILL 26-1134
COURT EITHER VERBALLY OR IN WRITING OF THE REPRESENTATION . IF A
MUNICIPAL COURT RECEIVES NOTICE, INCLUDING FROM AN INCARCERATED
DEFENDANT, JAIL, OR CORRECTIONAL FACILITY , THAT A DEFENDANT IS IN
CUSTODY WHO CANNOT POST BAIL OR IS NOT ALLOWED TO POST BAIL AND
WHO HAS A MUNICIPAL HOLD, THE HOLDING MUNICIPAL COURT SHALL
APPOINT INDIGENT DEFENSE COUNSEL TO REPRESENT THE DEFENDANT WHILE
THE DEFENDANT IS IN CUSTODY.
(3) (4) (a) On and after January 1, 2020, each municipality shall
provide independent indigent defense for each indigent defendant charged
with a municipal code violation for which there is a possible sentence of
incarceration. Independent indigent defense requires, at minimum, that a
nonpartisan entity independent of the municipal court and municipal
officials oversee or evaluate indigent defense counsel.
(b) (I) Because the office of alternate defense counsel created in
section 21-2-101 is an independent system of indigent defense overseen by
an independent commission, provision of indigent defense by lawyers
evaluated or overseen by the office of alternate defense counsel satisfies the
requirement described in subsection (3)(a) SUBSECTION (4)(a) of this
section.
(II) Because a legal aid clinic at any Colorado law school accredited
by the American bar association is an independent system of indigent
defense overseen by the dean of the law school with which it is affiliated,
any THE provision or oversight of indigent defense through a legal aid clinic
associated with any Colorado law school accredited by the American bar
association satisfies the requirement described in subsection (3)(a)
SUBSECTION (4)(a) of this section.
(c) To satisfy the requirement described in subsection (3)(a)
SUBSECTION (4)(a) of this section, a municipality that contracts directly with
one or more defense attorneys to provide counsel to indigent defendants
shall ensure that:
(I) The process to select indigent defense attorneys is transparent
and based on merit;
(II) Each contracted indigent defense attorney is periodically
evaluated by an independent entity for competency and independence. The
PAGE 8-HOUSE BILL 26-1134
municipality shall evaluate each newly hired defense attorney as soon as
practicable but no later than one year after he or she THE DEFENSE
ATTORNEY is hired. Otherwise, the municipality shall evaluate each defense
attorney at least every three years. An independent entity that evaluates
defense attorneys pursuant to this subsection (3)(c)(II) SUBSECTION
(4)(c)(II) shall provide evaluation results and any recommendations for
corrective action in writing to the municipality. For the purpose of this
subsection (3) SUBSECTION (4), "independent entity" means:
(A) The office of alternate defense counsel;
(B) An attorney or a group of attorneys, each of whom has
substantial experience practicing criminal defense in Colorado within the
preceding five years, so long as the attorney or group of attorneys is not
affiliated with the municipality receiving the services, including any A
municipal judge, prosecutor, or indigent defense attorney; or
(C) A local or regional independent indigent defense commission,
as described in subsection (3)(d) SUBSECTION (4)(d) of this section.
(III) (A) The contract does not use a fixed or flat-fee payment
structure for indigent defense services but instead uses the same payment
structure and THE SAME OR HIGHER rates that are paid by the state of
Colorado to attorneys and other interdisciplinary team members under
contract with the office of alternate defense counsel created in section
21-2-101 and that are consistent with chief justice directive 04-04, or any
successor chief justice directive.
(B) This subsection (3)(c)(III) only applies to a municipality that
prosecutes an act of domestic violence, as defined in section 18-6-800.3.
(C) For the purposes of this subsection (3)(c) SUBSECTION (4)(c),
"fixed or flat-fee payment structure" means a fee paid as a MAXIMUM fixed
amount for specified legal services, regardless of the time or effort
involved, but does not include an amount paid as a salary or on a salary
basis.
(D) N OTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION
(4)(c)(III), THIS SUBSECTION (4)(c)(III) DOES NOT PROHIBIT A CONTRACT
THAT PROVIDES A FLAT FEE FOR INITIAL IN-CUSTODY APPEARANCES, SO LONG
PAGE 9-HOUSE BILL 26-1134
AS THE FEE RESULTS IN THE SAME OR HIGHER HOURLY COMPENSATION THAN
WOULD BE PAID BY THE STATE OF COLORADO TO ATTORNEYS AND OTHER
INTERDISCIPLINARY TEAM MEMBERS UNDER CONTRACT WITH THE OFFICE OF
ALTERNATE DEFENSE COUNSEL CREATED IN SECTION 21-2-101.
(d) (I) To satisfy the requirement described in subsection (3)(a)
SUBSECTION (4)(a) of this section, a municipality may establish a local
independent indigent defense commission or coordinate with one or more
other municipalities to establish a regional independent indigent defense
commission. Any A local or regional independent indigent defense
commission in existence as of January 1, 2018, is deemed to be in
compliance with this subsection (3)(d) SUBSECTION (4)(d) and may continue
as established.
(II) Each local or regional independent indigent defense commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) must include at least
three members, each of whom is selected by the chief municipal judge in
consultation with the Colorado criminal defense bar, the office of alternate
defense counsel, or the office of the state public defender. Prior to serving
on a commission, any commission member who is selected by a chief
municipal judge must be approved by the office of alternate defense
counsel. The office of alternate defense counsel shall approve such
appointed commission members whom the office, in its discretion, deems
likely to promote the provision of competent and independent indigent
defense.
(III) The terms and procedures for the members of a local or
regional independent indigent defense commission must be ESTABLISHED
PURSUANT TO THIS SUBSECTION (4)(d) ARE determined by the municipality
or municipalities that establish ESTABLISHED the independent indigent
defense commission.
(IV) A local or regional independent indigent defense commission
established pursuant to this subsection (3)(d) SUBSECTION (4)(d) has the
responsibility and exclusive authority to appoint indigent defense counsel
for a term of at least one year or more to be served until a successor is
appointed. The independent indigent defense commission retains sole
authority to supervise the indigent defense counsel and discharge him or her
THEM for cause.
PAGE 10-HOUSE BILL 26-1134
(V) A local or regional independent indigent defense commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d), through its ability to
supervise, appoint, and discharge the indigent defense counsel PURSUANT
TO SUBSECTION (4)(d)(IV) OF THIS SECTION , shall ensure that indigent
defendants accused of violations of municipal ordinances for which there
is a possible sentence of incarceration are represented independently of any
political considerations or private interests, that such indigent defendants
receive legal services that are commensurate with those available to
nonindigent defendants, and that municipal indigent defense attorneys
provide representation in accordance with the Colorado rules of
professional conduct and the American bar association standards relating
to the administration of criminal justice.
(VI) A local or regional independent indigent defense commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall not interfere with
the discretion, judgment, and zealous advocacy of indigent defense
attorneys in specific cases.
(VII) A local or regional independent indigent defense commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall make
recommendations to its municipality or municipalities regarding the
provision of adequate monetary resources to provide legal services to
indigent defendants accused of violations of such municipal ordinances.
(VIII) The members of an independent indigent defense commission
ESTABLISHED PURSUANT TO THIS SUBSECTION (4)(d) shall serve without
compensation; except that a municipality that establishes a local
independent indigent defense commission or that coordinates with one or
more other municipalities to establish a regional independent indigent
defense commission shall reimburse the members of the commission for
actual and reasonable expenses incurred in the performance of their duties.
SECTION 7. In Colorado Revised Statutes, 21-2-103, amend (5)
as follows:
21-2-103. Representation of persons who are indigent.
(5) The office of alternate defense counsel may, but is not required
to, evaluate the performance of attorneys providing indigent defense in
municipal courts at the request of any municipality, as described in section
PAGE 11-HOUSE BILL 26-1134
13-10-114.5 (3)(c)(II) SECTION 13-10-114.5 (4)(c)(II). The office of
alternate defense counsel shall not perform any such evaluations without
sufficient funding for personnel to perform such evaluations.
SECTION 8. In Colorado Revised Statutes, 21-2-108, amend (2)
as follows:
21-2-108. Conflict-free defense for indigent persons in municipal
courts - fund created.
(2) A municipality that wants to utilize the services of the office of
alternate defense counsel to evaluate the provision of defense counsel to
indigent defendants as described in section 13-10-114.5 (3)(c)(II)(A)
SECTION 13-10-114.5 (4 )(c)(II)(A) during the next calendar year shall
request such services on or before September 1, 2018, and on or before
September 1 each year thereafter.
SECTION 9. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 12-HOUSE BILL 26-1134
the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 13-HOUSE BILL 26-1134