May 24, 2013

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HB 13-1279: Instructing Courts to Seek to Limit Premature Waiver of Counsel by Juveniles

April 17, 2013 by Leave a Comment

On March 25, 2013, Rep. Jeanne Labuda introduced HB 13-1279 - Concerning Detention Procedures for Juveniles. This summary is published here courtesy of the Colorado Bar Association’s e-Legislative Report.

The bill instructs the courts in juvenile cases to seek to limit premature waiver of counsel by a juvenile in detention hearings. The bill also requires juveniles to be free of physical restraints during hearings unless the court makes specific findings of fact to the contrary that allow for physical restraints to maintain order in the courtroom, prevent the juvenile’s escape, or provide for the safety of the courtroom.

The bill was introduced on March 25 and was assigned to the Judiciary Committee; the bill is scheduled for committee review on April 16 at 1:30 p.m.

Since this summary, the bill was amended by the Judiciary Committee and referred to the House Committee of the Whole for consideration on Second Reading.

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Colorado Supreme Court: Juvenile Justice System is Separate Statutory Framework from Adult Criminal Justice System and Provisions Are Not Interchangeable

February 12, 2013 by Leave a Comment

The Colorado Supreme Court issued its opinion in In re People in the Interest of W.P. on Monday, February 11, 2013.

Competency to Proceed in the Juvenile Justice System—Availability of Second Competency Evaluation as of Right—Indigent Alleged Juvenile Offender—Rule Discharged.

In this original proceeding, the Supreme Court considered whether an indigent alleged juvenile offender was entitled as of right to a second competency evaluation at state expense. Two days after W.P.’s arrest on allegations of sexual assault on a child, and one day after the juvenile division of the Adams County District Court appointed a public defender to represent him, the court ordered W.P. to undergo a competency evaluation at state expense. After receiving the evaluation report, the court made a preliminary finding that W.P. was competent to proceed in the case. Citing ongoing concerns about her client’s mental health, the public defender objected, requesting a competency hearing pursuant to CRS § 19-2-1302(2) of the Colorado Children’s Code and filing a motion for a second competency evaluation at state expense pursuant to CRS §§ 16-8.5-106 and -107 of the Colorado Code of Criminal Procedure. At the motion hearing, the public defender stated that “[b]ecause the juvenile code is silent, they are referring to the adult code,” which entitles a criminal defendant to a second competency evaluation at state expense. Concluding that the Children’s Code was “specifically silent on that issue,” the district court determined that the adult competency provisions did not apply to this case.

The Court held that the district court did not abuse its discretion when it denied the public defender’s request for a second competency evaluation pursuant to CRS §§ 16-8.5-106 and -107, because these adult competency provisions do not apply in juvenile justice proceedings either explicitly or by implication. The Court concluded the General Assembly created two distinct competency frameworks: (1) promoting the criminal justice system’s goal of just punishment; and (2) advancing the juvenile justice system’s goal of appropriately sanctioning juvenile offenders, taking into consideration their own and society’s best interests. The juvenile competency provisions require a court to order an evaluation at any stage of the proceedings if it develops doubts about the alleged juvenile offender’s competency that are not satisfied by available information. The Court discharged the rule and returned the case to the district court for further proceedings.

Summary and full case available here.

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Filing Fees Temporarily Reduced in Certain Civil Actions

January 13, 2012 by Leave a Comment

The Colorado Supreme Court has issued a new Chief Justice Directive, which temporarily reduces the filing fees for certain civil actions, effective January 23, 2012.

CJD 12-02 temporarily decreases filing fees credited to the Justice Stabilization fund.  Pursuant to Colorado Revised Statutes, cash funds must maintain no more than a 16 percent excess fund balance, and it is projected that the fund will exceed this target reserve limit.  In order to comply with the statutory requirement, Chief Justice Bender has temporarily reduced filing fees.

As necessary, the Chief Justice may later increase these fees back to their statutorily permitted level.

The reduced fees apply across the board throughout Colorado courts and are outlined in Appendix A to CJD 12-02 – “Temporary Reduction of Filing Fees in Certain Civil Actions”

Questions about the change may be directed to Linda Bowers, Court Services Manager, at (720) 921-7839 or linda.bowers@judicial.state.co.us.

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Colorado Supreme Court: Error to Determine that Single Circumstance of Filing Parenting-Time Motion Precluded Finding of Intent to Abandon

September 12, 2011 by Leave a Comment

The Colorado Supreme Court issued its opinion in D.P.H. v. J.L.B., and Concerning A.B. on September 12, 2011.

Abandonment Determination—CRS § 19-15-203—Delay of Adoption Proceeding—Totality of the Circumstances—Parenting-Time Motion.

The abandonment inquiry focuses on whether, under the totality of the circumstances, the parent’s intent during the twelve months preceding the commencement of the adoption proceeding was to abandon the child. It is the trial court’s responsibility to consider the totality of the circumstances and to make this factual determination, which is to be disturbed only if it is clearly erroneous. Here, the evidence before the juvenile court of the father’s intent during the twelve-month period was conflicting. Therefore, it was error for the court of appeals to determine that a single circumstance—father’s filing of a parenting-time motion—precluded a finding of intent to abandon, essentially as a matter of law.

In addition, it is unnecessary for a trial court to delay adoption proceedings until a parenting-time motion in another court is resolved, as long as the trial court adequately considers the parenting-time motion in making its abandonment determination. Here, the court of appeals erred in holding that the juvenile court should have delayed the adoption proceedings until the father’s parenting-time motion was resolved. The court of appeals’ judgment was reversed and the case was remanded for further proceedings.

Summary and full case available here.

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Second Judicial District Court on the Move, Literally, This Week

June 28, 2010 by 1 Comment

Monday, July 28 is the last day for Second Judicial District Court felony criminal, drug, and juvenile matters to be heard at Denver’s City and County Building.

The Lindsey-Flanigan Courthouse, located at 520 W. Colfax Ave., will open for business on Tuesday, July 6, following the Independence Day holiday weekend. Named for two distinguished Colorado judges, the new $36 million justice center will house 29 spacious new courtrooms and offices for the district attorney, city attorney, clerks of court, public defender, probation, jury assembly, and jury commissioner, as well as temporary inmate holding for both adults and juveniles. An underground tunnel will connect the courthouse to the Van Cise-Simonet Detention Center, specifically designed for the safe transport of inmates between the detention center and courthouse.

During the week of the move, district and county court criminal and juvenile cases will be heard on an as-needed or emergency basis. The full docket resumes for all courts on July 6.

Of the new courthouse, Second Judicial District Chief Judge Robert S. Hyatt said:

“We are very pleased to be making the move to the new courthouse. The Lindsey-Flanigan complex stands as a modern symbol of the rule of law with its safety features and technological capabilities helping to ensure effective and efficient administration of justice.”

Matters to be heard at the Lindsey-Flanigan Courthouse include:

  • Misdemeanors, such as DUI and third-degree assaults;
  • Municipal ordinance violations, such as disturbing the peace, loitering, and domestic violence;
  • Building and zoning code violations;
  • Municipal ordinance violations committed by juveniles, such as petty theft, trespass, and curfew violations;
  • Felonies through preliminary hearing;
  • Felony criminal matters;
  • Drug charges; and
  • Juvenile matters.

Courtroom assignments are detailed here.

Matters heard at the Denver City and County Building after the July 6 move include:

  • Traffic violations; and
  • District court civil matters.

District court family matters are currently being heard at 303 W. Colfax, but will return to the City and County Building on August 16. County court civil (including protection orders) and small claims cases will still be heard at 1515 Cleveland Place, Fourth Floor. Parking violations will still be heard in the Parking Magistrate’s Office at 201 W. Colfax, First Floor.

The Lindsey-Flanigan Courthouse was once the former Rocky Mountain News building and was “deconstructed,” rather than demolished, a process utilizing recycled building materials in keeping with earth-friendly construction practices. It features many of the sustainability merits needed to qualify for the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) designation (still pending), including two “green” roofs, systems for efficient lighting and water usage, a naturally ventilated atrium, recyclable item collection, and bicycle storage.

The legal legacies of Judge Benjamin Barr Lindsey and Judge James C. Flanigan are commemorated in the naming of the new courthouse. Judge Lindsey is remembered for establishing the stand-alone juvenile court system in Denver and for fighting the rise of the Ku Klux Klan. Judge Flanigan was the first African American in Colorado to serve as deputy district attorney, Denver municipal court judge, and Denver District Court judge. The courthouse also features the Cisneros Jury Assembly Room, named after Judge Roger Cisneros, a Colorado State senator, WWII veteran, founder of the Mexican American Legal Defense and Education Fund (MALDEF), and the Latin American Research and Service Agency (LARASA). Though retired, Judge Cisneros remains active in legal and judicial activities.

(image source: City of Denver)

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2013-05-24 09:10:06