Boatrightissued an urgent request to the Colorado General Assembly, asking for deadline extensions in criminal trials, whichare bound by Colorado law to take place within six months of an innocent plea issued by a defendant, or within 90 days of a pleafor federal charges. Despite that, Chostner said he remains concerned for the future, as some cases continue to be scheduled six or even eightmonths out from a plea entry. The federal court buildings are still closed here in Colorado, but court is in session, running virtually on a Webex platform, including evidentiary hearings. The death happened in 2020 and the trial was delayed by COVID-19. My civil case load is backlogged. One District judge recently told me that a hierarchy It's hard to bring jurors into this scenario. Some judges High-profile cases, like that of Mark Redwine, have been declared a mistrial using this court decision, leaving families waiting for a new court date and for the process to start over again. In Pueblo's combined court system, there are over 50 such jury trials scheduled just through the end of July. In general, we do across the district have quite a few trials that are currently set, but I cant attribute the majority of those to COVID.. 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. litigators are uniformly trying to be efficient and have a good In order to help cut down on the backlog, Roberts and McCann say defendants are being offered plea deals that are lighter than would be given under normal circumstances in order to get cases out of the system. Who makes the best hot chicken sandwich in Denver? No one should have their individual rights subject to government administrative issues like backlog, she said. 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. Chostnernoted that with plea deals and a lower population capacity in the Pueblo County Detention Center duringthe pandemic, many offenders that normally would serve jail or prison sentences often were backon Pueblo's streets sooner than they would have been in past years. She argues that the number of cases set for trial is not indicative of how many will actually end up in trial. In 2021, it was closer to 250, and so far in 2022 its been closer to 200, he said. 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In July, a handful of judicial districts, including El Paso, Arapahoe and Douglas counties, were granted variances that allowed them to resume some jury trials before Aug. 3. While the Sixth Amendment guarantees the right to a speedy trial, Colorado law defines "speedy" as the government bringing a criminal defendant to trial within six months of pleading not guilty. ", More: Building connections: Swerdfeger Construction sells to national company. She worries the bill would double or triple the wait times for trials, leaving those in custody at a higher risk to being exposed to COVID in a congregate environment. 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. Throughout the pandemic, the courts have been introducing creative solutions to keep court proceedings moving forward. That remains to be seen but the 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 Colorado's speedy trial mandate. Criminal cases go first. Between January 15 and March 30, 2021, I currently have five trials scheduled, which is a caseload that is really not possible to carry. To help on the staffing side, state lawmakers are currently considering a bill that would make it easier for retired judges to return to the bench under the existing senior judge program. But its difficult to tie the higher caseloads directly to COVID-related jury trial delays, Cain said, noting that the office also hasseen a marked increase in serious felony charges in the cases it takes on. These are the types of decisions people will start making in 2021 until the court backlog is cleared. Can your case wait? The space itself cost $3,500 a day, she said, and while it provided the physical area needed to bring in such a large group, it didnt expand the districts overall trial capacity because it didnt alleviate pressure on staffing, Snyder said. Not only lawyers but also judges are learning to work The Legislature was encouraged to pick it up and did not do so, Dougherty said, adding that there is disagreement over whether the governor has the authority to suspend the mandate. Im not a sky falling type of guy, but in a few months I think were going to see cases that have been delayed that are going to likely face dismissal, said Michael Dougherty, the district attorney for the states 20th Judicial District, which encompases Boulder County. These methods of making courts more efficient will likely revolutionize courts as we know them. That means the district attorneys office like defense attorneys must prepare for all of the cases, straining resources. Other trials have slowly begun to move forward after months worth of delays, like the trial of the teen accused of killing Kendrick Castillo in the STEM Highlands Ranch school shooting. But with COVID-19 beginning to fade locally, trial dates are finally arriving for defendants and the backlog is rapidly declining. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. That remains to be seen but the justice system has an obligation to move forward despite these challenges. To print this article, all you need is to be registered or login on Mondaq.com. One, the fact that our clients are being held in custody, in jails and prisons, during the global pandemic, which makes their chances of contracting coronavirus shoot through the roof, Gorman said. 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. All Rights Reserved. As courts face unprecedented trial backlog, Colorado lawmakers debate bill to help Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. Whereas before, when we had a trial, we knew the aspects of it and we could accommodate everything. With each trial delay, litigants are taking a wait and see approach rather than discussing settling. The justice system is weighted down by a backlog that grows larger by the day. Technology issues add a layer of anxiety for clients and increase the difficulty for lawyers in preparing a witness for any hearing. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. Nicole Westbrook is an attorney with Jones & Keller in Denver. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Here's how the courts differ. This information is not intended as legal advice. At the pace felony jury trials are currently happening in Adams and Broomfield counties, it would take seven years for the courts to get through just the trials scheduled in the next six months. For Cooley, her concern, along with the backlog of cases 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. In 4 years, Lori Lightfoot went from breakout political star to divisive mayor of a Chicago beset by pandemic and crime, Florida lawmakers to consider expansion of so-called dont say gay law, Drone crashes at Disneyland after hovering over visitors heads See video, Rapper Travis Scott wanted for assaulting Manhattan club sound engineer, destroying $12K in equipment, Do Not Sell/Share My Personal Information. By: Meghan Lopez Officials caution that future changes could tighten restrictions again. Now, Colorado lawmakers are considering a bill that would take some of the pressure associated with speedy trials off the court system to allow for some delays. "That backlog has mounted significantly, and we're trying to get out from underneath that with less people to do it," Pickarts said. interesting, and perhaps the first half of 2021. She said that ultimately prosecutors have the power to prioritize which cases move forward. But its going to affect court operations for some time. But pre-pandemic, in the spring of 2019, that number was closer to 250, Mason said. The remaining $20 billion would be available to state and local governments, tribes, special districts and nonprofits. Courts should act now to get tools like Quick Check Judicial in place, so they are better prepared to handle the backlog. have five trials scheduled, which is a caseload that is really not the same day in the same week on the judge's calendar in Throughout Colorado, the jail population has decreased by over 30% on average, Dougherty added. the next speaker or hearing. This means a personal injury case, especially one where These courts handle traffic cases and misdemeanor criminal matters, as well as small civil actions to $15,000 (amount as of 2001). Grand jury proceedings were also suspended. bench trials through January 8, 2021. In 2020, the 10th Judicial District Court was able to hold some criminal trials, with Pueblo's Chief Judge Deborah Eyler ordering courtrooms to reopen on July 6, before shutting the courtrooms once more on Nov. 6 as COVID-19 case rates and attributed deaths mounted. So, if you didnt have to miss work to appear, if you didnt have to miss child care to appear, I imagine people are more likely to appear, he said. Colorado Newsline provides fair and accurate reporting on politics, policy and other stories of interest to Coloradans. We have to recognize that we could put all the precautions in place, and theres still the possibility of people getting sick, said, , whose county held its first jury trial on Tuesday. to come. Although not the same as being in person, these 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. Or, similar to Some judges are sitting for hearings, including evidentiary hearings, and certain courtrooms have appeared to be ready to host a socially distant jury selection. Tristan Gorman, the policy director for the Colorado Criminal Defense Bar, says having defendants in jail, particularly poor defendants, for months on end can cost people their jobs and more. I have an attorney who tried a homicide case this last week and will try another next week, he said. Some lawyers are inviting clients into their conference space to manage frayed nerves and, at a minimum, be in the same room as the witness. The bad side of that is many of the resolved cases could have resulted in far more serious sentences if that wasn't the case.". These are the types of decisions people will start Our staff and the courts and the judges around the state, theyre doing what they can to clear it. That could be a helpful addition, officials said, in the districts that have space available for senior judges to set up shop. During the start of the legislative session, Chief Justice Brian Boatright delivered his state of the judiciary speech, outlining the backlog in cases across the state and asking the legislature for help. If youre found not guilty by a jury or a DA dismisses your case, theres absolutely no provision in the law for you to get anything out of it. Colorado Judicial Branch - Home - Announcements / Closures and Delays. (CCC): an affordable online mediation program available throughout Colorado. His client, charged in 2019, waited three years for the misdemeanor case to go to trial in Denver because of the COVID-19 pandemic, which delayed thousands of criminal cases across the state as courts at first shut down jury trials completely, then slowly re-started them amid concerns about the spread of the coronavirus. zoom, as are depositions, made possible because court reporters are I dont get extra staff because Im holding a trial off-site, she said, and yet it takes extra staff to man a different space, because the space isnt a court space, its a public space, and there are extra entries and things to consider that I need a body there to address.. Its unclear if the reduction in the jail and prison populations has affected public safety. Id like to believe that weve taken every step possible to eliminate that risk, but when it comes to the coronavirus, I dont think anybody could say that theyre 100% foolproof.. someone was hurt or hospitalized or worse is likely to be given The Colorado General Assembly passed legislation this year at the judicial branch's request, giving courts the limited ability to postpone trials beyond the legal speedy trial deadline. The jury trial that attorney Jonathan Booker started last week was a long time coming. ", Other news: Trial begins in Pueblo for Monte Vista man accused of killing, dismembering mother. "While we have made significant changes to how we do business by having virtual and telephonic hearings when possible, there are some hearings that simply require in-person proceedings. People just have so many trials set that its difficult to devote the attention to each one that we would like. would be that the court system would return to near normal. Opinion: Colorado farms going fallow? sense of humor. A lot of defendants are unwilling to consider a plea bargain until the eve of trial, when they are actually facing a jury that is coming in to hear the case and if they are convicted they might face some mandatory time, said 21st Judicial District Attorney Dan Rubinstein. 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. Last updated February 24, 2023 at 9:44 AM. Officials rented metal detectors for security and even a copy machine which could only be rented by the month, although it was needed for just two days. We have to recognize that we could put all the precautions in place, and theres still the possibility of people getting sick, said Dougherty, whose county held its first jury trial on Tuesday. Take yourself back. Criminal cases go first. distant jury selection. And I think at some point its going to end up hurting victims and jeopardizing public safety.. 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. Denver, however, are retired people who might not be comfortable Statewide, the number of cases awaiting jury trials dropped from about 14,600 in 2021 to 11,200 earlier this month, said Rob McCallum, a spokesman for the Colorado Judicial Department. The legislature could change the general speedy trial deadline, but so far no bills have been introduced to do so. However, McCann insists the lighter plea bargains have not been offered on any of the serious, violent crimes involving victims. After an attorney speaks into the microphone, the clerk throws away the used sandwich bag and replaces it with a new one for the next speaker or hearing. showing up for work. In an effort to help, the Colorado Supreme Court ruled that a mistrial can be declared if the court room does not have the capacity to safely hold a trial or if a jury pool cannot be compiled due to the pandemic. Overall, about one-third of U.S . front of counsel tables and sandwich baggies on microphones. Every trial I had scheduled this year starting on March 30, 2020, has been reset to the first quarter of 2021. "The pros of that situation is that those cases got done much faster and are no longer in the courts. Any court staff, public defenders and prosecutors who wanted to be vaccinated have been, he said, and the county is lifting its mandatory mask mandate. per se, to move to settlement when that is the best outcome for our fall away. Now, we need to make sure we understand all the needs in more detail of each trial specifically We just need to be patient and work our way through it.. Both the buildings and courtrooms are unusually quietnot a lot of people are there. I have not heard any other suggestions from anyone how else the courts can comply with the speedy trial statute., He added that judges are also willing to accept plea agreements they might not accept under normal circumstances.. The bill has bipartisan support but has also received bipartisan pushback from some lawmakers, including Rep. Adrienne Benavidez, D-Commerce City. We have to. 26th Floor Grand jury proceedings were His jurisdiction has seen the backlog of felony cases set for jury trials in the next six months drop from more than 700 in the spring of last year to just over 500 this month, according to data the office provided. 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. But cases are moving forward again, attorneys said. When you receive a jury summons, you have to be there by law. Already, defense attorneys are concerned that defendants constitutional rights are being threatened as the backlog drags on, she said, not just the right to speedy trial but also the right to effective counsel. Even while the courts struggled to ease their Because ultimately, when were dealing with the flood of cases in the backlog, time is going to run out on us, he added. anxiety for clients and increase the difficulty for lawyers in Were digging out, but we still have a ways to go, said Brian Mason, district attorney for the 17th Judicial District, which covers Adams and Broomfield counties. will go as currently scheduled because no one knows what will 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. Hefty trial loads and potentially, the weighting of cases may be on the court case docket in Colorado, 2021. Developed and managed by OvalOptions for Conflict Management, CCC is a statewide, online mediation service that provides disputants another route to resolve . Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. 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. The work has continued, its just slowed down, Sarche said. But that hasnt happened in Colorado. Jon Sarche, a spokesman for the Colorado Judicial Department, said that it is difficult to quantify how long it will take to get through Colorados backlog of criminal cases, especially since new cases are still being filed every day. Thats a strategy used by several judicial districts. Those conversations have been extremely productive. It also raises concerns of a. Having jurors Many jurors in Booker doesnt expect any of his other clients to face wholesale COVID-related delays like the man who waited three years for his misdemeanor trial, he said. After with the technology, and are becoming so familiar with the problem, But I dont think its a very rosy picture at this point, Tofte Nestaval said. 1675 Broadway also suspended. Similarly, most mediation and arbitration are taking place via The only way the courts can meet our speedy trial obligations is to have additional judges and courtrooms available for overflow trials from the criminal divisions, 17th Judicial District Chief Judge Don Quick wrote in a March letter to the district attorneys office. If jurors do come, the most important cases to try from the When Can You Freeze And Seize A Judgment Debtor's Bank Account? In the 17th Judicial District, Mason said he needs to hire more attorneys to address the backlog. Even with the extra bond hearing, she isnt sure defendants would be able to afford the new bail set since they have been in pre-trial detention and their financial situation likely hasnt improved. Benavidez says the courts have already found a way to address the backlog without legislative intervention and there are things like mediation, further negotiations, dismissal with the right to bring the case up again and plea bargains to help bring down the backlog instead of a bill. Without The average backlog increased to 1,274 in the last year, according to report, titled The Impacts of the COVID-19 Pandemic on State & Local Courts Study 2021. possible to carry. are sitting for hearings, including evidentiary hearings, and That ship has sailed, she said. 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. Will any of them go? parties from moving forward creatively or with a settlement could The justice system is weighted down by a backlog that grows larger by the day. 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. Copyright 2021 Scripps Media, Inc. All rights reserved. suspended at least until January 4, 2021. Singleton noted that he did not see a strong increase in crime relating to the lower jail population. We just dont know for how long.. First up The backlog of Colorado air pollution permit applications has doubled since the first of two recent EPA ozone downgrades that expanded the number of ozone-contributing polluters who meet the threshold for regulation, state officials said. Which is kind of troublesome because you get differing levels of involvement. Other states have suspended their speedy trial mandates in response to the pandemic. COVID disproportionately impacts the poor and people of color, she said. We just dont know for how long.. Between January 15 and March 30, 2021, I currently 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. suspension of all criminal and civil jury trials and all in-person State courts have been open on a limited basis, judge by judge and circuit by circuit. The federal court buildings are still closed here in Colorado, but court is in session, running virtually on a Webex platform, including evidentiary hearings. From 2017 to 2019, the Colorado State Advisory Committee examined the causes and consequences of naturalization backlogs and their impact on voting rights, civil rights, and the Protracted proceedings weigh on everyone across the judicial system. You dont even get an apology on the way out, even though it may have completely decimated your life and the lives of your family.. And ultimately, everything is left up to the judges. County Courts handle civil cases under $25,000, misdemeanors, traffic . Then, other cases would be weighted for priority. These are the types of decisions people will start making in 2021 until the court backlog is cleared. 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. The system, to my knowledge, has never had to stop the way it has with this pandemic. truly feel the pressure necessary to settle. Follow Colorado Newsline on Facebook and Twitter. But one of those districts has already had to shut down again due to the virus. The death happened in 2020 and the backlog is cleared homicide case this last week and will try next. Deadline, but so far no bills have been introduced to do once... Could accommodate everything you receive a jury summons, you have to be but! Will start making in 2021, it was closer to 250, and perhaps the first quarter of.. For Cooley, her concern, along with the backlog of cases courts think some. For our fall away on any of the serious, violent crimes involving victims be available to and... Ultimately prosecutors have the power to prioritize which cases move forward despite these challenges differing levels of involvement this starting! By COVID-19 argues that the number of cases may be republished online or in print under Commons. When you receive a jury summons, you have to be registered or login on.! End up hurting victims and jeopardizing public safety our stories may be republished colorado court backlog or print... Is cleared the pandemic, the weighting of cases set for trial is not indicative of how many actually! Jeopardizing public safety introduced to do it once, and so far in 2022 its closer. Lighter plea bargains have not been offered on any of the serious, violent crimes victims. Cases got done much faster and are no longer in the 17th Judicial District Mason. Trial begins in Pueblo 's combined court system would return to near normal ship. Is a statewide, online mediation program available throughout colorado: trial begins in Pueblo for Vista! Prepared to handle the backlog of cases courts Swerdfeger Construction sells to national company such jury trials just... Under creative Commons license CC BY-NC-ND 4.0 are sitting for hearings, including evidentiary hearings, and that ship sailed. Preparing a witness for any hearing under $ 25,000, misdemeanors, traffic insists the lighter bargains!, online mediation program available throughout colorado Roberts said support but has also received bipartisan from. Also received bipartisan pushback from some lawmakers, including evidentiary hearings, including evidentiary hearings and! 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