SB18-203

SB18-203 - Conflict-free Representation In Municipal Courts

Passed/Signed into Law
Concerning the provision of independent counsel to indigent defendants in municipal courts, and, in connection therewith, making an appropriation.

The bill requires each municipality, on and after January 1, 2020, to provide independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee the provision of indigent defense counsel. To satisfy this requirement, a municipality may:

 

  • Contract directly with defense attorneys to provide independent indigent defense; or
  • Establish a local or regional independent indigent defense commission to appoint and supervise defense counsel.

A municipality that contracts directly with defense attorneys to provide independent indigent defense shall ensure that oversight of such attorneys is provided by the office of alternate defense counsel, by a legal aid clinic at an accredited Colorado law school, or by a local or regional independent indigent defense commission.

The bill requires the state public defender to appoint the members of any local or regional independent indigent defense commission.

The bill sets forth an annual timeline by which a municipality may request and potentially receive the services of the office of alternate defense counsel to:

 

  • Evaluate the provision of defense counsel to indigent defendants; or
  • Provide defense counsel to indigent defendants at the expense of the municipality.
    (Note: This summary applies to this bill as introduced.)

     

Latest update: June 1, 2018
06/01/2018 - Governor Signed
05/11/2018 - Sent to the Governor
05/11/2018 - Signed by the Speaker of the House
05/11/2018 - Signed by the President of the Senate
05/04/2018 - Senate Considered House Amendments - Result was to Concur - Repass
05/03/2018 - House Third Reading Passed - No Amendments
05/02/2018 - House Second Reading Special Order - Passed with Amendments - Committee
05/02/2018 - House Committee on Appropriations Refer Amended to House Committee of the Whole
04/27/2018 - House Committee on Judiciary Refer Amended to Appropriations
04/20/2018 - Introduced In House - Assigned to Judiciary
04/17/2018 - Senate Third Reading Passed - No Amendments
04/16/2018 - Senate Second Reading Passed with Amendments - Committee
04/13/2018 - Senate Second Reading Laid Over Daily - No Amendments
04/11/2018 - Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
03/28/2018 - Senate Committee on Judiciary Refer Amended to Appropriations
03/21/2018 - Senate Committee on Judiciary Witness Testimony and/or Committee Discussion Only
03/12/2018 - Introduced In Senate - Assigned to Judiciary