Legally, however, prosecutors are still bound to the six-monthguideline. fall away. This material may not be published, broadcast, rewritten, or redistributed. The justice system is weighted down by a backlog that grows larger by the day. The statewide court system cut 111 employees this summer and eliminated 95 empty positions in order to reduce its general fund budget by about $34 million amid a statewide shortfall, according to information the judicial branch provided to the legislature's Joint Budget Committee. commercial litigationthat will be pushed further down the 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. In the much busier 18th Judicial District, which includes Arapahoe, Douglas, Elbert and Lincoln counties, District Attorney John Kellner estimated itll take a year or two to work through the backed-up cases. Here, we've been conducting court business the entire time. dealing with the backlog may not be as simple as scheduling out new We just dont know for how long.. Sarche stressed that while jury trials are required to take place in person, other court proceedings, such as motion hearings and case dispositions, have been taking place remotely. We have to keep moving court proceedings forward. also suspended. 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. 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. If that continuance is granted, a second portion of the bill would require another bond hearing for the defendant with the presumption of release. Without 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.. But 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.. County Courts District Courts. Lawyer requests to delay due to an untenable number of trials set close together are being denied. Nicole Westbrook is an attorney with Jones & Keller in Denver. Other states have suspended their speedy trial mandates in response to the pandemic. Here's how the courts differ. Instead, Colorado statute specifies that a speedy trial means six months. Some lawyers are inviting clients into their But theres a lot of uncertainty there and it does not address the overall backlogs, he added. They have also been conducting over video calls other court proceedings that dont require a jury. In Pueblo, court officials rented the Pueblo Convention Center to call in 1,200 prospective jurors for a high-profile murder trial this spring. Gorman is also concerned with how to ensure that juror pools are selected fairly. The vast majority of cases are resolved through guilty pleas. Tamara Chuang 5:46 PM MDT on Mar 29, 2021 My civil case load is backlogged. The pandemic-induced delays created a massive backlog of cases awaiting jury trials in 2021, and while court operations have since largely returned to normal, a historically-high backlog. That remains to be seen but the Colorado courts are re-opening, but the backlog will be slow to work through with physical distancing requirements. 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. The delays in the court cases can be emotionally overwhelming for victims who prepared themselves for court only to have the case delayed or declared a mistrial. One of the main reasons weve made progress is were back in person and the trial courtrooms are up and running, and we havent had to have the same restrictions on the number of jurors coming in, he said, adding that with more cases going to trial, defendants are also more likely to accept plea deals, which has chipped away at the backlog as well. Chief Judge Martinez of the 2nd Circuit (for Denver Moe Clark is a freelance journalist and former Colorado Newsline reporter who covered criminal justice, housing, homelessness and other social issues. Webex has been upgraded to show are sitting for hearings, including evidentiary hearings, and "The goal was to provide ethical pleas, but if we could plea, we should," said 10th Judicial District Attorney Jeff Chostner. 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. 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. This is new uncharted territory for our state., by Moe Clark, Colorado Newsline August 6, 2020. Between January 15 and March 30, 2021, I currently have five trials scheduled, which is a caseload that is really not possible to carry. In a normal year, there are only 2,716 jury trials held. 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. Even while the courts struggled to ease their doors open this fall, the recent upswing of COVID-19 cases and the Governors response have trickled down to both the state and federal courts. In Pueblo's combined court system, there are over 50 such jury trials scheduled just through the end of July. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. 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. As a consequence of jury trials being suspended during the pandemic, both federal and state trial courts are contending with a backlog. 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. hire judges if both sides agree to rule on the case. Shelly Bradbury is the courts reporter at the Denver Post. House Bill 1309 would allow for a delay to the speedy trial process of up to three months for someone who is in pre-trial detention and up to six months for someone who is out on bond. including evidentiary hearings. 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. I think those are some lessons we can take with us after the pandemic that may actually improve the rate of appearance.. Dougherty said the reason for the decrease is that video conferencing is less disruptive to peoples lives. In recent months, as infection and hospitalization rates have fallen sharply, dozens of courts have reported changing their status from Phase 1 or 2, in which limited in-person proceedings are conducted, to Phase 3 or 4, in which jury trials can be conducted. 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.. 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. The death happened in 2020 and the trial was delayed by COVID-19. These are the types of decisions people will start Denver, CO 80202, Ph: (303) 573 1600 Lawyer requests to delay due to an untenable number of approach rather than discussing settling. 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. I think were doing as best we can, McCann said. Should You File A Prior Disclosure In 2023? the same room as the witness. 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. The content of this article is intended to provide a general In conjunction,Colorado's courts had several hurdles to clear prior to restarting large, in-person proceedings, namely jury trials. Contact Editor Quentin Young for questions: info@coloradonewsline.com. 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. 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. And ultimately, everything is left up to the judges. Most jury trials in Colorado were first suspended March 16 by Colorado Supreme Court Chief Justice Nathan B. Coats. 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. 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. have five trials scheduled, which is a caseload that is really not By: Meghan Lopez The backlog has resulted in delayed justice for crime victims and their families and threatens to deny the constitutional right to a speedy trial for the accused. As the COVID-19 (Coronavirus) outbreak in Colorado develops, the Judicial Department is continually working to balance legitimate public health considerations with the necessity to maintain fair and effective administration of justice for citizens and communities in our state. 2020. guide to the subject matter. At the end of the day, it will be my sectorcomplex Our chief judges have been amazing in how they have innovated and now have 16 modified courtrooms to allow these hearings that must be held in person to be as safe as possible "But then there are jury trials … I will give you a few numbers that demonstrate our plight. Typically, the state conducts only about 2,700 jury trials annually. 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. Who makes the best hot chicken sandwich in Denver? She said that ultimately prosecutors have the power to prioritize which cases move forward. sense of humor. said his office is working to resolve as many cases as possible before they even make it to trial. Then, other cases would be weighted for priority. If jurors do come, the most important cases to try from the Criminal cases go first. We have to. But another aspect that is often overlooked, according to Tofte Nestaval, is how delay and uncertainty around criminal jury trials affects crime victims. 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. 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. But Dougherty said his office is evaluating that. The prospect is opposed by the Colorado Criminal Defense Bar, said Ann Roan, a board member. COVID disproportionately impacts the poor and people of color, she said. One District judge recently told me that a hierarchy may be necessary to get through the backlog of cases. In order for the continuance to happen, the judge would need to find good cause for it and make known on the record that there is no courtroom available for the trial, no jury pool available and that a different judge cannot be used for the case. Banking, Lending & Financial Institutions, Securities Litigation & Enforcement Defense. Will this get set, when its going to get set, how it will move forward? Tofte Nestaval said. In Denver District Court, there are about 447 criminal jury trials set in the next six months, and 344 of those are scheduled for April, May or June. County Courts (970) 494-3500 Every county in Colorado has a county court with one or more county judges. Were trying to avoid is a bunch of jury decisions being overturned on a technicality, he said. 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. Defendants right to a speedy trial has been a large topic of conversation since March. The past year has continued a multi-year trend hastened by the COVID-19 pandemictoward the dramatic expansion of collaboration and short message formats in discovery. Some of the states less-busy courts alreadyhave cleared their COVID-19 backlogs. With each trial delay, litigants are taking a wait and see approach rather than discussing settling. The legislature could change the general speedy trial deadline, but so far no bills have been introduced to do so. 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Of the $60 billion, $40 billion would support federal partnerships with states and tribes to tackle the backlog of restoration and fire mitigation projects. is almost laughable how many trials have been reset to the first No one should have their individual rights subject to government administrative issues like backlog, she said. Driving the urgency is defendants right to be brought to trial within six months of entering a plea, a mark that has been impossible to meet during the pandemic. But dealing with the backlog may not be as simple as scheduling out new court dates. Jury trials will not happen in Boulder, Jefferson, Broomfield, Adams, Arapahoe, Douglas, Elbert and Lincoln counties until at least Jan. 21 if not longer, chief judges for those judicial districts. Colorado Newsline maintains editorial independence. If we get a vaccine around the beginning of the year, my hope would be that the court system would return to near normal. Most of the judges, attorneys, clerks and defendants who permeate Aurora's two largest state court jurisdictions in the 17th and 18th Judicial Districts, as well as many in the Aurora Municipal Court, remain without inoculations despite more people beginning to appear in-person at local courthouses. someone was hurt or hospitalized or worse is likely to be given As the world waited for a vaccine, jury trials were put on pause and thousands of defendants and victims were forced to wait to have their day in court. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. 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. 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. Grand jury proceedings were If jurors do come, the most important cases to try from the justice systems perspective are the criminal cases because they have a speedy trial mandate that cant be violated. Empowering courts to expand and expedite judicial administrations of the Oath. opposing side and move the case to arbitration. interesting, and perhaps the first half of 2021. 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. A lot of civil judges are being annexed A lot of civil judges are being annexed away from the civil cases and being used to push through criminal cases, contributing to an even larger backlog of civil cases. Fax: (303) 573 8133. is an attorney with Jones & Keller in Denver. 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. The mandate requires defendants who plead not guilty to have their case heard within six months. However, he agreed with the public defender that the backlog is a myth in Pueblo, as there are always cases that don't make it to jury trial. Without that hard timeframe, people procrastinate, and you should not be procrastinating with something as fundamental and constitutionally protected as the right to a jury trial.. That could be a helpful addition, officials said, in the districts that have space available for senior judges to set up shop. The justice system is weighted down by a backlog that grows But its going to affect court operations for some time. Home Courts. Whereas before, when we had a trial, we knew the aspects of it and we could accommodate everything. He noted that he hopes for legislation that will alleviate any possible burden placed on prosecutors from the court closures ordered by Colorado's chief judge. Originally Published by Jones & Keller, December And so those are the folks who are more likely to not be able to show up on a jury summons.. later. Some courts are working, some arent. We want to make sure that these people who are waiting for their trials can get their trials heard, but we also want to make sure we have the resources to conduct the trials, McCann said. It is overwhelming, and weve had the judicial branch of our government come to the legislature here and ask for some relief, and they dont normally do that. Between January 15 and March 30, 2021, I currently 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. but court is in session, running virtually on a Webex platform, 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. 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. Those conversations have been extremely productive. But there are other reasons as well the more serious cases take longer. With the backlog, litigators are uniformly trying to be efficient and have a good sense of humor. Protracted proceedings weigh on everyone across the judicial Last updated February 24, 2023 at 9:44 AM. 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. Or, similar to 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. Alby Singleton, head of the Pueblo Public Defender Office, noted that there is always a "backlog" of cases in any court due to the nature of how many cases must be heard in any specific district. The Colorado Department of Human Services says it has cleared a backlog of inmates who had to wait months in some cases for court-ordered mental health evaluations and treatments. bench trials through January 8, 2021. . system. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. Specialist advice should be sought Which is kind of troublesome because you get differing levels of involvement. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. The remaining $20 billion would be available to state and local governments, tribes, special districts and nonprofits. There are so many collateral consequences, Gorman said. 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. 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