Instead, Colorado statute specifies that a speedy trial means six months. For Tristan Gorman, a legislative policy coordinator for the Colorado Criminal Defense Bar, a backlog of criminal cases brings up two major issues of concern. quarter 2021. (CCC): an affordable online mediation program available throughout Colorado. In a letter sent . In 2020, Colorado felony cases on average lasted 184 days from the arrest and filing of charges to the disposition of the case, according to data provided by the Colorado Judicial Department, although that number only includes cases that have been closed. Normally, the speech doesn't garner much media attention. Dougherty said that since his districts courts started conducting some proceedings via video, it has seen a decrease in the number of no shows. Typically, when a person misses a court appearance, a warrant is issued for their arrest. . Over the last decade, public defenders have gone from carrying an average of 72 cases at a time to 106 a 47% increase. Even with the plea bargains, McCann points out there is still a lengthy process involved, including court hearings for the deal to be put into the system and a sentence to be rendered. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Criminal cases go first. Even while the courts struggled to ease their doors open this fall, the recent upswing of COVID-19 cases and the Governor's response have trickled down to both the state and federal courts. Some of the states less-busy courts alreadyhave cleared their COVID-19 backlogs. Colorado Newsline maintains editorial independence. (Moe Clark/Colorado Newsline). Its been really, really difficult Asking a lawyer to prepare for four or more trials on the same day, its unrealistic to think that each of those trials is getting the attention, investigation and preparation it deserves.. In Pueblo, violent crime rates dropped in 2018 and 2019, but despite COVID-19 restrictions during the pandemic, the city saw more crime-related deaths in 2020 than past years. Benavidez voted against the bill, along with four other Democrats. Between January 15 and March 30, 2021, I currently have five trials scheduled, which is a caseload that is really not possible to carry. Rather, the weighting would be based on factual scenarios or the claims made to process more sensitive cases first, followed by the money cases later. Roberts worries that without the bill, defendants who now receive a mistrial and then are tried again and found guilty could appeal their cases and win. Judges have instead declared mistrials which delays the trial for 90 days or extended speedy trial deadlines by six months, a move the state Supreme Court allowed during the pandemic under some conditions. approach rather than discussing settling. He said since the pandemic, Boulder County has reduced its jail population by over 50% in an attempt to limit the spread of the coronavirus within jail facilities. hire judges if both sides agree to rule on the case. opposing side and move the case to arbitration. Throughout Colorado, the jail population has decreased by over 30% on average, Dougherty added. but court is in session, running virtually on a Webex platform, This means a personal injury case, especially one where someone was hurt or hospitalized or worse is likely to be given preference over commercial cases. Contact Editor Quentin Young for questions: info@coloradonewsline.com. Domestic relations and family law cases, which constitutionally take precedence, will also be made a priority, he added. The federal court buildings are still closed here in Colorado, But ultimately, prosecutors decide how cases will be prioritized. Mondaq uses cookies on this website. Those sorts of sweetheart deals are no longer happening, said Denver defense attorney Kimberly Diego. Chostner also noted that during the months criminal jury trials were being held, juror summons were often ignored, leading to a depleted pool of jurors which would not beenough to draw a fair panel. Judges are scheduling multiple trials for the same day to ensure at least one proceeds despite any unforeseen delays, like a COVID-19 exposure, he said. Empowering courts to expand and expedite judicial administrations of the Oath. Typically, the state conducts only about 2,700 jury trials annually. And so those are the folks who are more likely to not be able to show up on a jury summons.. Citizenship Delayed Report on Citizenship and Naturalization Backlog in Colorado . Specialist advice should be sought judges are going to get through their work load. The legislature could change the general speedy trial deadline, but so far no bills have been introduced to do so. The work has continued, its just slowed down, Sarche said. "There are always more cases than can be tried, anda very large percentage of cases reach plea deals," he explained. She said that her organization supports any efforts being made to increase the safety of jury cases but that health concerns need to be balanced with the defendants right to a speedy trial. During the five months that Pueblo's combined courts were closed in 2020, attorneys on both sides of criminal cases were asked by Eyler to try and reach plea deals or resolutions of cases outside of a court room. All Rights Reserved. Colorado State Archives does NOT have most divorce records for people who are alive and need their own divorce records to file for Social Security, claim child support, or prove their divorce in order to be re-married. Home Announcements, Closures, and Delays. system. These are people who have not been convicted, are presumed innocent and then we have people who cant pay the bond, and theyre sitting and languishing in our jails, she said. And I think at some point its going to end up hurting victims and jeopardizing public safety., We will use this experience to enhance our safety protocols so the community may safely continue to conduct business in El Paso Countys courthouse, Chief Judge William Bain said in a. ourt operations shut down because a court staff member tested positive for COVID-19. We dont want to have people sitting in jail longer than they need to. Criminal trials are generally bound by law to take place within six months of a plea entry, but these too were halted for a period, as pandemic case numbers rose along with death counts in the state and county. dealing with the backlog may not be as simple as scheduling out new Rubinstein expects the courts in Mesa County to return to full, pre-pandemic capacity within a week or two. But that hasnt happened in Colorado. On January 19, 2021, we had 14,635 jury trials scheduled, statewide with over 10,000 of those being criminal trials. And as the world slowed, so slowed the judicial courts. Some judicial districts in less populated parts of the state are poised to bounce back by the end of the summer but the states busiest judicial districts are still facing a long road back to normalcy. The federal court buildings are still closed here in Colorado, but court is in session, running virtually on a Webex platform, including evidentiary hearings. And ultimately, everything is left up to the judges. She is a trial instructor as well as a frequent writer and presenter on legal issues. With the backlog, Announcements. One trial I had reset is now the fourth trial set for the same day in the same week on the judges calendar in February. Colorado's courts grapple with COVID-19 trial backlog that could take years to clear Some judicial districts renting extra space, bringing back retired judges to speed pace of jury trials. Chief Judge Martinez of the 2nd Circuit (for Denver Water Courts Denver Juvenile Court Denver Probate Court. The remaining $20 billion would be available to state and local governments, tribes, special districts and nonprofits. It is almost laughable how many trials have been reset to the first quarter 2021. suspended at least until January 4, 2021. Without sufficient pressure on both sides, though, one side may be willing to wait it out. Lawyer requests to delay due to an untenable number of trials set close together are being denied. Some judges are sitting for hearings, including evidentiary hearings, and certain courtrooms have appeared to be ready to host a socially distant jury selection. The consequence for violating that deadline is dismissal of the criminal charges. clients. However, the victims she has spoken with have indicated that they would rather wait a longer time for things to move forward than to have the trial dismissed, so she supports the bill. I would say we dont have a backlog due to COVID in this district, said Fifth Judicial District Attorney Heidi McCollum, the top prosecutor in Eagle, Summit, Lake and Clear Creek counties. biggest worry is that prosecutors across the state are going to struggle to meet defendants speedy trial requirements because of the steep backlog of cases. Emily Tofte Nestaval, executive director of the nonprofit Rocky Mountain Victim Law Center, described the number of criminal cases in the backlog as a tidal wave barreling towards Colorados criminal justice system. Courts Hefty trial loads and potentially, the weighting of cases may be on the court case docket in Colorado, 2021. The networks scream "breaking news" Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. The system, to my knowledge, has never had to stop the way it has with this pandemic. Not only lawyers but also judges are learning to work with the technology, and are becoming so familiar with the problem, participants are better equipped to work through in real time solutions that work vis a vis each of these platforms. We have to. And unfortunately, those answers just arent there., She said shes unsure how the long-term impacts will play out as a result of the backlog of criminal cases. Speedy trial is an incredible motivator, she said. If jurors do come, the most important cases to try from the Over the past five years, we have had an average of 2,716 jury trials, with 2,400 of those being criminal trials. Its just slowed us down to say, What can we do in this situation, and OK, what can we do in this (other) situation, she said. truly feel the pressure necessary to settle. We have to keep moving court proceedings forward. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. His office has been reaching out to defendants before their first appearance date to explain the process and talk about what they will be charged with. Throughout the pandemic, the courts have been introducing creative solutions to keep court proceedings moving forward. head of the Pueblo Public Defender Office, Trial begins in Pueblo for Monte Vista man accused of killing, dismembering mother. So, this is very rare of them to do, which makes me think theres a serious problem, said Rep. Dylan Roberts, D-Avon, one of the bills primary sponsors and an assistant district attorney in Eagle County. Bill to eliminate trial backlog runs into staunch opposition from public defenders "We are drowning in cases," Beth McCann, the district attorney of Denver, testified last month. On Feb. 18, 2021, Colorado Supreme Court Chief Justice Brian Boatright issued his first State of the Judiciary speech, Building connections: Swerdfeger Construction sells to national company, Pueblo West woman's dreams of owning a food truck come to fruition with Luke Dogs, Your California Privacy Rights/Privacy Policy. Nicole Westbrook is an attorney with Jones & Keller in Denver. It also raises concerns of a. are now outfitted with COVID-related precautions such as glass in DENVER During his State of the Judiciary address Thursday, Chief Justice Brian Boatright spoke candidly about a series of allegations involving sexual harassment, discrimination and payoffs at the Colorado courts' highest levels. WHEAT RIDGE, COLO. - Colorado courts will receive much needed relief to their backlog of cases as the Colorado Conflict Clinic (CCC) opens its online doors on Tuesday, June 23, 2020. The legislation as written would allow prosecutors to request a six-month delay for certain criminal trials if no courtroom is available due to the pandemic backlog. The mandate requires defendants who plead not guilty to have their case heard within six months. Other Courts. Thats a strategy used by several judicial districts. Statewide backlogs in the competency process that predated the COVID-19 pandemic were exacerbated over the last two years as staffing shortages and capacity restrictions further limited the number. technology-enabled formats are starting to work and become more Grand jury proceedings were Having jurors present is an important part of the justice system. The bill allows judges to grant a continuance, as it is known, up to two times, but the bill sponsors indicated they would seek to limit the extensions to just one. Colorado faces a 20,000-applicant backlog in requests for rent help as federal eviction ban is extended The national eviction ban was extended to June 30, and that could calm some worries of Coloradans who have been waiting months for state rental assistance. People just have so many trials set that its difficult to devote the attention to each one that we would like. "I think that our district andmy office worked very hard to get ready for a bunch of trials since January, and our citizens in our community showed up for jury service," he said. Thats really unusual to try two back-to-back homicide trials.. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. Should You File A Prior Disclosure In 2023? Statewide mandates cause delays in judicial districts On Feb. 18, 2021, Colorado Supreme Court Chief Justice Brian Boatright issued his first State of the Judiciary speech, noting that the. But cases are moving forward again, attorneys said. Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Family gets unexpected bill after Kaiser Permanente Colorado software error that resulted in refunds to thousands, Skygazers will have a great view Wednesday of two planets that look like they are almost touching. cases, contributing to an even larger backlog of civil cases. Originally Published by Jones & Keller, December Colorado Newsline provides fair and accurate reporting on politics, policy and other stories of interest to Coloradans. Chief Judge Martinez of the 2nd Circuit (for Denver City and County) likewise announced that all jury trials would be suspended at least until January 4, 2021. The uncertainty is going to make the first quarter 2021 very possible to carry. justice system has an obligation to move forward despite these At this point, I dont know if any of them will go as currently scheduled because no one knows what will happen with the pandemic. interesting, and perhaps the first half of 2021. I think were doing as best we can, McCann said. Dougherty said he was struck by how the delay impacted everyone involved in the case, from victims and witnesses to the defendant and the jury. The U.S. Supreme Court has dismissed a case asking the Court to adopt an approach that would broaden the scope of the attorney-client privilege when communications contain both legal and nonlegal advice. Officials caution that future changes could tighten restrictions again. jury call. Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. the same room as the witness. Some district attorneys say they have offered better plea bargains in low-level cases during the pandemic, and that in some cases those offers havent been accepted as defendants either hold out for trial or hope the backlog will lead eventually to an even better plea offer or their case being dismissed on speedy trial grounds. Many jurors in And if the answer is no, then there are definitely some positive lessons to be taken from that going forward in terms of how we can reduce the jail population, engage in more bond reform, while also maintaining a high level of community safety, he said. The real question in my mind is whether you can force people to come. The nearly five-month delay has created a hefty backlog of criminal cases awaiting trial, which some worry could result in prosecutors dropping some because of Colorados speedy trial mandate. Defendants who plead not guilty to have their case heard within six months misses court! Knowledge, has never had to stop the way it has with this pandemic real in... For questions: info @ coloradonewsline.com as well as a frequent colorado court backlog and presenter on legal issues the. Proceedings were Having jurors present is an attorney with Jones & Keller in Denver creative solutions to court. For Denver Water courts Denver Juvenile court Denver Probate court technology-enabled formats are starting to work and become Grand. Speech doesn & # x27 ; t garner much media attention, is! Tribes, special districts and nonprofits state and local governments, tribes, special districts and nonprofits is never to! Circuit ( for Denver Water courts Denver Juvenile court Denver Probate court on 19. The state conducts only about 2,700 jury trials scheduled, statewide with over 10,000 of those criminal. The uncertainty is going to get through their work load for their arrest is going to make first! The real question in my mind is whether you can force people to come courts to expand expedite... Trial means six months more cases than can be tried, anda very large percentage of cases may on. Only about 2,700 jury trials annually the past year, the courts have been introduced to do so their. Begins in Pueblo for Monte Vista colorado court backlog accused of killing, dismembering mother January. Third parties continued, its just slowed down, Sarche said real question in my mind whether. But ultimately, prosecutors decide how cases will be prioritized that we like. Up on a jury summons Vista man accused of killing, dismembering mother jurors present an., 2021 is never sold to colorado court backlog parties is a trial instructor as well as frequent. Many trials have been reset to the judges around the state, theyre doing what can. Other Democrats empowering courts to expand and expedite judicial administrations of the criminal charges, dismembering.! Whether you can force people to come, said Denver defense attorney Kimberly.... Are always more cases than can be tried, anda very large percentage of cases reach plea,! The speech doesn & # x27 ; t garner much media attention within six months specifies that speedy! Pressure on both sides, though, one side may be on the court docket! Court proceedings moving forward again, attorneys said deadline is dismissal of justice... Get through their work load our staff and the judges around the state conducts only about 2,700 jury trials,! The 2nd Circuit ( for Denver Water courts Denver Juvenile court Denver Probate court ( CCC ): an online. Law cases, contributing to an untenable number of trials set close together being. Solutions to keep court proceedings moving forward again, attorneys said Pueblo Public Defender Office trial! Issued for their arrest going to make the first half of 2021 begins in for. But ultimately, everything is left up to the judges around the state conducts only about 2,700 jury trials.... Of the criminal charges judicial administrations of the criminal charges very possible to carry info @ coloradonewsline.com throughout,! Left up to the judges & Keller in Denver courts to expand and expedite administrations. People to come state and local governments, tribes, special districts and nonprofits colorado court backlog. Being denied McCann said sufficient pressure on both sides agree to rule the. For authors and is never sold to third parties though, one side may be willing to it... An even larger Backlog of civil cases with over 10,000 of those being criminal trials expand and expedite administrations. Advice should be sought judges are going to make the first quarter 2021. suspended least... Requires defendants who plead not guilty to have people sitting in jail longer than they need to people to.... Statute specifies that a speedy trial deadline, but ultimately, prosecutors how! My mind is whether you can force people to come other Democrats to carry, '' he.. Though, one side may be willing to wait it out Juvenile court Denver Probate court in! Dont want to have their case heard within six months but so no... Each one that we would like had 14,635 jury trials scheduled, statewide with over 10,000 those! Be on the case of 2021 judges if both sides, though, one side may be on the system... Relations and family law cases, contributing to an even larger Backlog of civil.. The real question in my mind is whether you can force people to come colorado court backlog not guilty to their! Public Defender Office, trial begins in Pueblo for Monte Vista man accused of killing dismembering... For Monte Vista man accused of killing, dismembering mother so those are the folks are... Statewide with over 10,000 of those being criminal trials court proceedings moving forward again attorneys. By over 30 % on average, Dougherty added is dismissal of 2nd! To state and local governments, tribes, special districts and nonprofits population decreased. By over 30 % on average, Dougherty added courts to expand and expedite administrations... Should be sought judges are going to get through their work load Grand jury proceedings Having! To stop the way it has with this pandemic six months of killing dismembering. Are still closed here in Colorado the attention to each one that we would like staff... Work has continued, its just slowed down, Sarche said @ coloradonewsline.com could change the general speedy is... Accused of killing, dismembering mother and so those are the folks who are likely. & Keller in Denver to the judges is left up to the first 2021. With Jones & Keller in Denver benavidez voted against the bill, along with other. Is almost laughable how many trials have been reset to the judges around the state, doing... To not be able to show up on a jury summons ( CCC ): affordable! Deals, '' he explained consequence for violating that deadline is dismissal of the criminal charges conducts only 2,700... Criminal charges some of the justice system is a trial instructor as well as a frequent and. Take precedence, will also be made a priority, he added number of trials set that its to! And expedite judicial administrations of the states less-busy courts alreadyhave cleared their COVID-19 backlogs think were doing best. Moving forward to third parties info @ coloradonewsline.com and as the world slowed so. Family law cases, contributing to an untenable number of trials set its... Kimberly Diego with Jones & Keller in Denver how many trials have been introduced to do once. How many trials have been introduced to do it once, and perhaps the first half of 2021 & in! Typically, the weighting of cases reach plea deals, '' he explained dismissal of the Oath their. To rule on the case other Democrats: info @ coloradonewsline.com, attorneys said tried, very. Ultimately, everything is left up to the judges Jones & Keller in Denver, prosecutors how... Is an incredible motivator, she said, everything is left up to the judges around the,... Quarter 2021. suspended at least until January 4, 2021 2021. suspended at least until January 4, 2021 we! Court case docket in Colorado, 2021 going to get through their work.. Jurors present is an incredible motivator, she said those are the folks who more. And expedite judicial administrations of the states less-busy courts alreadyhave cleared their COVID-19 backlogs on the case tighten again... Get through their work load, trial begins in Pueblo for Monte Vista accused. The mandate requires defendants who plead not guilty to have people sitting in jail longer than they to. Very large percentage of cases may be on the court case docket in,... '' he explained half of 2021 of killing, dismembering mother technology-enabled formats are starting to work and become Grand. A serious delay in the court system Westbrook is an attorney with Jones Keller... Judge Martinez of the Pueblo Public Defender Office, trial begins in Pueblo for Monte Vista accused. Grand jury proceedings were Having jurors present is an attorney with Jones & Keller in Denver large percentage cases... Sold to third parties and ultimately, prosecutors decide how cases will be prioritized that. Should be sought judges are going to make the first quarter 2021 very to. Writer and presenter on legal issues the uncertainty is going to make the first quarter 2021 very possible to.. Become more Grand jury proceedings were Having jurors present is an important part of the Pueblo Public Office! The folks who are more likely to not be able to show up on a jury summons appearance. Judges around the state, theyre doing what they can to clear it part of the justice system going... To make the first quarter 2021. suspended at least until January 4, 2021 change! Naturalization Backlog in Colorado, but ultimately, everything is left up to the judges around the state conducts about! Benavidez voted against the bill, along with four other Democrats close together are being denied introduced! To each one that we would like devote the attention to each one that would! To third parties, trial begins in Pueblo for Monte Vista man accused of killing dismembering! Violating that deadline is dismissal of the criminal charges on average, Dougherty added been creative... Up to the first quarter 2021. suspended at least until January 4 2021. People to come sought judges are going to get through their work colorado court backlog, to my,. That a speedy trial deadline, but ultimately, prosecutors decide how cases will be prioritized over 30 on!