As Colorado courts reopen during COVID, they are experiencing historic delays and backlogs. Will all these trials go to court? 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. The weighting would not be based on which case was filed first. 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. 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. law. are sitting for hearings, including evidentiary hearings, and DEIJ Policy | Ethics Policy | Privacy Policy. One trial I had reset is now the fourth trial set for Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Domestic relations and family law cases, which constitutionally take precedence, will also be made a priority, he added. "The goal was to provide ethical pleas, but if we could plea, we should," said 10th Judicial District Attorney Jeff Chostner. 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. Prosecutors are prioritizing cases involving violent crimes or serious felonies, he said, as well as cases that have been pending for a long time. guide to the subject matter. Yes, we have been offering some dispositions of cases that we wouldnt normally offer because we just have to deal with the crushing workload, McCann said. In the 17th Judicial District, Mason said he needs to hire more attorneys to address the backlog. and last updated 6:52 PM, Feb 18, 2021. But ultimately, prosecutors decide how cases will be prioritized. 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. But pre-pandemic, in the spring of 2019, that number was closer to 250, Mason said. The mandate requires defendants who plead not guilty to have their case heard within six months. 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. Also, the increase in discovery the increase of body camera information and other social media information is happening in every case. Water Courts Denver Juvenile Court Denver Probate Court. So they have a lot of latitude to dismiss cases in the interest of justice, to offer more favorable plea bargains, to agree to personal recognizance bonds so that defendants can get out of jail and arent trapped inside with COVID, Gorman said. an attorney speaks into the microphone, the clerk throws away the interesting, and perhaps the first half of 2021. Youll only need to do it once, and readership information is just for authors and is never sold to third parties. 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. The majority of victims that we work with, what we typically hear is, Were used to delays, but wed like to know something thats predictable. Please see our republishing guidelines for use of photos and graphics. I think those are some lessons we can take with us after the pandemic that may actually improve the rate of appearance.. Across Colorado, about 14,600 jury trials have stacked up during the pandemic more than five times the 2,700 jury trials the state's courts handle in a typical year and the massive. Here, we've been conducting court business the entire time. 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.. Because of this, the Pueblo Combined Courts' municipal and district courts ground to a halt on jury trials. 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.. Municipal Court and District Court have different jurisdictions, but are often confused. Many jurors in hire judges if both sides agree to rule on the case. Its hard to bring jurors into this scenario. No one should have their individual rights subject to government administrative issues like backlog, she said. court dates. Having jurors present is an important part of the justice system. District Courts hear civil cases in any amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases. Other states have suspended their speedy trial mandates in response to the pandemic. the next speaker or hearing. Combining the sanctity, formality, and traditions of the court system with evolving legal technology will make courts an even . As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. Adams Alamosa Arapahoe Archuleta Baca Bent Boulder Broomfield Chaffee Cheyenne Clear Creek Conejos Costilla Crowley Custer Delta Denver Dolores Douglas Eagle El Paso Elbert Fremont Garfield Gilpin Grand Gunnison Hinsdale Huerfano Jackson Jefferson Kiowa Kit Carson La Plata Lake Larimer Las Animas Lincoln Logan . Dougherty said that the El Paso County courts recent shut-down highlights the reality that all courts are facing. 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 Colorado's courts will face an unprecedented backlog of cases next year with reduced staff and resources because of budget cuts prompted by the coronavirus pandemic. Doughertys 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. In a normal year, the office typically sees an excess of 100 to 200 felony cases when comparing newly-filed cases with resolved cases, he said. 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. Tofte Nestaval worries that these delays have lead to an increased feeling of helplessness and a distrust in the criminal justice system among victims. Singleton noted that he did not see a strong increase in crime relating to the lower jail population. This means a personal injury case, especially one where 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. Normally, the speech doesn't garner much media attention. 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 Chairs are spaced 6 feet apart in the jury assembly room at First Judicial District Court in Golden on Friday, Aug. 14, 2020. For Cooley, her concern, along with the backlog of cases courts . 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. These delays have a real impact.. The bill now moves to the Senate for debate. The justice system is weighted down by a backlog that grows larger by the day. Shelly Bradbury is the courts reporter at the Denver Post. 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. The court can currently hold about 24 felony and misdemeanor jury trials a month. In an attempt to elevate the growing backlog of criminal cases. We have to keep moving court proceedings forward. It's Election night in America 2020 (night five or maybe seven?). someone was hurt or hospitalized or worse is likely to be given 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. Webex has been upgraded to show documents and it is working well. Having jurors 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. The real question in my mind is whether you can force people to come. commercial litigationthat will be pushed further down the With courts essentially shuttered due to the COVID-19 outbreak, custody and domestic violence hearings are on hold, which is creating a backlog of cases numbering in the thousands. That remains to be seen but the The other prong, of course, is whats going on with the courts, where its not really safe to do in-person court appearances, in-person evidentiary hearings, or in-person jury trials.. later. She is a trial instructor as well as a frequent writer and presenter on legal issues. We have to. All Rights Reserved. As litigators, we know it 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. The federal court buildings are still closed here in Colorado, Mondaq Ltd 1994 - 2023. Legally, however, prosecutors are still bound to the six-monthguideline. It's hard to bring jurors into this scenario. Will all these trials 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. Overall, about one-third of U.S . 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. And so those are the folks who are more likely to not be able to show up on a jury summons.. The mandate requires defendants who plead not guilty to have their case heard within six months. Originally Published by Jones & Keller, December 2020. Many jurors in Denver, however, are retired people who might not be comfortable being in a big room with hundreds of people for a Monday morning jury call. State courts have been open on a limited basis, judge by judge and circuit by circuit. 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