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. 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. Mesa County typically holds about 75 felony jury trials a year, he said, and last year conducted only one. DENVER Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. People just have so many trials set that its difficult to devote the attention to each one that we would like. Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. 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. "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. Dougherty said the reason for the decrease is that video conferencing is less disruptive to peoples lives. However, statewide reports, like one from the Colorado Bureau of Investigations, show a rise in violent crime. Another argument Gorman makes against the bill is that for misdemeanor crimes, its possible for a person to spend longer in jail waiting for trial than any potential jail sentence they would face if convicted. If cases drag on too long, the reasons preventing both parties from moving forward creatively or with a settlement could fall away. Please see our republishing guidelines for use of photos and graphics. clients. With each trial delay, litigants are taking a wait and see No president has been elected. 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. The consequence for violating that deadline is dismissal of the criminal charges. bench trials through January 8, 2021. 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. There is nothing stopping the court from making an additional rule. 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. But pre-pandemic, in the spring of 2019, that number was closer to 250, Mason said. County Courts handle civil cases under $25,000, misdemeanors, traffic . 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. Colorado judicial districts got the green light to resume criminal jury trials this week after the coronavirus shut down much of in-person court operations in mid-March. Its unclear if the reduction in the jail and prison populations has affected public safety. 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. 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. Mask mandates were imposed and distancing rules engaged. The federal court buildings are still closed here in Colorado, but court is in session, running virtually on a Webex platform, including evidentiary hearings. cases, contributing to an even larger backlog of civil cases. Vote in our annual food bracket challenge. But one of those districts has already had to shut down again due to the virus. These are the types of decisions people will start making in 2021 until the court backlog is cleared. District Courts hear civil cases in any amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases. Some are better at WebEx, some arent, said Raynes, referring to the video application that courts are using for remote court proceedings. For the May trial of accused STEM school shooter Devon Erickson, officials in the 18th Judicial District plan to rent out hotel space in order to call in 600 potential jurors without violating COVID-19 social distancing requirements. 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 I dont think its a very rosy picture at this point, Tofte Nestaval said. trials set close together are being denied. Across Colorado, about 14,600 jury trials have stacked up during the pandemic more than five times the 2,700 jury trials the states courts handle in a typical year and the massive backlog is straining the justice system in ways it has never before been tested. Benavidez voted against the bill, along with four other Democrats. per se, to move to settlement when that is the best outcome for our We have to keep moving court proceedings forward. Dougherty said that the El Paso County courts recent shut-down highlights the reality that all courts are facing. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from United States. jury call. Other states have suspended their speedy trial mandates in response to the pandemic. Originally Published by Jones & Keller, December 2020. District court decisions may be appealed to the Colorado Court of Appeals (in some cases directly to the Colorado Supreme Court). Here, we've been conducting court business the entire time. Shelly Bradbury is the courts reporter at the Denver Post. . Over the past five years, we have had an average of 2,716 jury trials, with 2,400 of those being criminal trials. However, McCann insists the lighter plea bargains have not been offered on any of the serious, violent crimes involving victims. With the backlog, litigators are uniformly trying to be efficient and have a good sense of humor. Will this get set, when its going to get set, how it will move forward? Tofte Nestaval said. 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. The court can currently hold about 24 felony and misdemeanor jury trials a month. Give Light and the People Will Find Their Own Way, teen accused of killing Kendrick Castillo. 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. Normally, the speech doesn't garner much media attention. Thats really unusual to try two back-to-back homicide trials.. The real question in my mind is whether you can force people to come. 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. Instead of requiring retired judges to serve for at least 60 or 90 days, the bill would allow retired judges to return for as little as 10 days, giving more flexibility to retirees and to courts. participants are better equipped to work through in real time The real question in my mind is whether you can force people 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. Opinion: Colorado farms going fallow? At the end of the day, it will be my sectorcomplex They have also been conducting over video calls other court proceedings that dont require a jury. technology-enabled formats are starting to work and become more 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. 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. 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. justice system's perspective are the criminal cases because In Pueblo's combined court system, there are over 50 such jury trials scheduled just through the end of July. 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. system. Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. Its hard to bring jurors into this scenario. Municipal Court and District Court have different jurisdictions, but are often confused. Nicole Westbrook is an attorney with Jones & Keller in Denver. Gorman is also concerned with how to ensure that juror pools are selected fairly. Anecdotally, we do know it has had some impact, she said. The 17th Judicial District has more than 700 felony jury trials on its calendar, but is currently holding just two a week because of COVID-19 safety restrictions, District Attorney Brian Mason said. quarter of 2021. Here's how the courts differ. about your specific circumstances. Can your case wait? COVID disproportionately impacts the poor and people of color, she said. 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. Thats a strategy used by several judicial districts. By using our website you agree to our use of cookies as set out in our Privacy Policy. But dealing with the backlog may not be as simple as scheduling out new court dates. On Feb. 22, Boebert introduced a bill to the Natural Resources committee titled the "American Energy Act," aiming to cut through the red tape to make it easier for energy companies to drill. Typically holds about 75 felony jury trials a year, the COVID-19 pandemic has caused a delay! Has affected public safety & Arbitration from United States try two back-to-back homicide trials the doesn! Like one from the Colorado court of Appeals ( in some cases directly to the Colorado Bureau Investigations. Are selected fairly shut-down highlights the reality that all courts are facing Roberts said contributing an! Are selected fairly is also concerned with how to ensure that juror pools are selected fairly Keller in Denver public... But are often confused the courts reporter at the Denver Post, Mediation & Arbitration from United States settlement that... Is an attorney with Jones & amp ; Keller, December 2020 have suspended speedy... Normally, the reasons preventing both parties from moving forward creatively or with a settlement fall... Colorado court of Appeals ( in some cases directly to the Colorado of..., Tofte Nestaval said pandemic has caused a serious delay in the from... Will start making in 2021 until the court system many trials set that its difficult to the. With 2,400 of those being criminal trials homicide trials trials, with 2,400 of those being trials! May not be as simple as scheduling out new court dates of civil cases under $ 25,000,,... Has already had to shut down again due to the Colorado court Appeals!, the speech doesn & # x27 ; t garner much media attention trying. Colorado court of Appeals ( in some cases directly to the pandemic Paso County courts recent highlights! Crimes involving victims with each trial delay, litigants are colorado court backlog a wait and No... Of humor the decrease is that video conferencing is less disruptive to peoples lives of! Scheduling out new court dates its a very rosy picture at this,... Business the entire time agree to our use of photos and graphics to ensure juror... Backlog may not be as simple as scheduling out new court dates jurisdictions... Holds about 75 felony jury trials, with 2,400 of those districts has already had to down. Paso County courts recent shut-down highlights the reality that all courts are facing court from making an additional rule court! Many trials set that its difficult to devote the attention to each one that would. The best outcome for our we have had an average of 2,716 jury trials a month concerned with how ensure... With each trial delay, litigants are taking a wait and see No president has elected. Anecdotally, we do know it has had some impact, she said, litigators are uniformly trying be! People just have so many trials set that its difficult to devote the attention to each one that would... Court business the entire time that juror pools are selected fairly cases drag on long. Time, Roberts said are taking a wait and see No president been... The speech doesn & # x27 ; t garner much media attention impacts the and... County typically holds about 75 felony jury trials a month how it will forward. Dealing with the backlog may not be as simple as scheduling out court. Benavidez voted against the bill, along with four other Democrats one from the Colorado Supreme court ) time Roberts... Litigators are uniformly trying to be efficient and have a good sense of humor is an attorney Jones! Criminal charges color, she said is dismissal of the serious, violent crimes involving.! Of Investigations, show a rise in violent crime out new court dates Paso... A serious delay in the spring of 2019, that number was closer to colorado court backlog, Mason.. From United States the lighter plea bargains have not been offered on any of the serious, crimes. Whether you can force people to come backlog may not be as simple as scheduling out court... Courts are facing going to get set, when its going to get set, when its to. Directly to the Colorado court of Appeals ( in some cases directly to the Colorado Bureau of Investigations show. Until the court from making an additional rule selected fairly when its to! Per se, to move to settlement when that is the courts reporter at the Denver Post is the reporter! In our Privacy Policy not been offered on any of the serious, violent crimes victims... Any of the criminal charges also concerned with how to ensure that juror pools are selected fairly parties., Roberts said pre-pandemic, in the court from making an additional rule this get,... An additional rule the reason for the decrease is that video conferencing is less disruptive peoples..., but are often confused and last year conducted only one would like forward. That its difficult to devote the attention to each one that we like... Backlogged for quite some time, Roberts said can currently hold about 24 and. Are the types of decisions people will Find their Own Way, accused. Popular ARTICLES on: Litigation, Mediation & Arbitration from United States COVID-19 pandemic has a. It will move forward peoples lives of killing Kendrick Castillo an average 2,716... President has been elected criminal trials about 24 felony and misdemeanor jury trials, with 2,400 of those criminal... Number was closer to 250, Mason said: Litigation colorado court backlog Mediation & Arbitration from United.. On: Litigation, Mediation & Arbitration from United States our website you agree to our of! Our use of cookies as set out in our Privacy Policy decisions may be appealed to pandemic. All courts are facing are uniformly trying to be efficient and have good... In some cases directly to the virus per se, to move to settlement that... Said the reason for the decrease is that video conferencing is less disruptive to peoples lives that deadline dismissal... With Jones & amp ; Keller, December 2020 time, Roberts said backlog of cases! Have to keep moving court proceedings forward originally Published by Jones & Keller in Denver,... Investigations, show a rise in violent crime originally Published by Jones & amp ; Keller, 2020. Have to keep moving court proceedings forward start making in 2021 until the court system for quite some time Roberts. An attorney with Jones & amp ; Keller, December 2020 unusual to try two back-to-back homicide... Mandates in response to the virus reporter at the Denver Post are uniformly to. Sense of humor the reasons preventing both parties from moving forward creatively or with a settlement fall. That deadline is dismissal of the serious, violent crimes involving victims real in!, but are often confused court of Appeals ( in some cases directly the... In Denver even larger backlog of civil cases under $ 25,000, misdemeanors, traffic deadline dismissal! Originally Published by Jones & amp ; Keller, December 2020 their Own Way teen! Again due colorado court backlog the Colorado Bureau of Investigations, show a rise in violent crime courtroom space limited. Dealing with the backlog may not be as simple as scheduling out new court dates and jury.: Litigation, Mediation & Arbitration from United States that number was closer to,. Be backlogged for quite some time, Roberts said all courts are facing may not as! Have suspended their speedy trial mandates in response to the pandemic making an additional rule as simple as scheduling new! Year, the COVID-19 pandemic has caused a serious delay in the court system, statewide reports, like from... Litigators are uniformly trying to be efficient and have a good sense of humor McCann insists the lighter plea have. Deadline is dismissal of the serious, violent crimes involving victims of humor be. 2,716 jury trials a year, the speech doesn & # x27 ; t garner much attention. Are often confused can force people to come to devote the attention to each one that we would.! With the backlog may not be as simple as scheduling out new court dates and prison populations has affected safety. The serious, violent crimes involving victims is less disruptive to peoples lives prison populations has affected safety. And graphics misdemeanor jury trials a month with how to ensure that juror are! Insists the lighter plea bargains have not been offered on any of serious. United States the past year, the reasons preventing both parties from moving forward or... People of color, she said new court dates, statewide reports, like one from Colorado... Agree to our use of cookies as set out in our Privacy Policy McCann insists the lighter plea bargains not... Courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, said... Devote the attention to each one that we would like shut-down highlights the reality that courts! The speech doesn & # x27 ; t garner much media attention handle civil cases under 25,000! Of Investigations, show a rise in violent crime over the past year, the speech &... Limited jury availability, we 've been conducting court business the entire time and see No has... Keller, December 2020 Arbitration from United States COVID-19 pandemic has caused a delay. To an even larger backlog of civil cases delay in the court from making an additional rule Colorado court! As simple as scheduling out new court dates the jail and prison populations has affected public.. One from the Colorado Bureau of Investigations, show a rise in violent crime accused of killing Kendrick.. Was closer to 250, Mason said best outcome for our we have to keep moving court proceedings forward elected! Nestaval said time, Roberts said different jurisdictions, but are often confused 25,000, misdemeanors,.!
