EB50475EB11E8C4387258271006E469A Hearing Summary

Senators Gardner and Cooke, co-sponsors, explained SB18-222, concerning reimbursing prosecuting attorneys for costs associated with litigating Rule 35c of the Colorado criminal procedure motions.  They discussed post-conviction motions and how it is cost prohibitive for district attorneys and attorney generals in these situations.  

The committee discussed the need for such reimbursement when it is a right of a defendant to file a post-conviction Rule 35c motion.  The bill sponsors responded that the prosecution in these cases is funded by local governments, and smaller jurisdictions are having difficulty covering the expense. 

Dan Rubenstein, District Attorney from Mesa County, testified in support of the bill.  He discussed the challenges counties face with Rule 35c motions in terms of time and expense. 

Jeff Chostner, District Attorney for Pueblo County, testified in favor of the measure.  As president of the Colorado District Attorneys' Council, he expressed the concerns of counties across the state in bearing the financial burdens of Rule 35c motions. 

Peter Weir, District Attorney for the First Judicial District (Jefferson and Gilpin counties), spoke in support of the bill.  He reported an increase in post-conviction cases and discussed the associated costs.  He proposed that the bill be amended at some point to include secretarial and paralegal costs as well.  

Charles Tingle, Senior Chief Deputy Jefferson County District Attorney, testified in favor of the measure.  He discussed the numbers of post-conviction Rule 35c motions.  He explained that these motions can be filed years after conviction.  He also raised points about the time involved and attorney turnover. 

Dan May, District Attorney for the 4th Judicial District (El Paso County), spoke in support of the bill.  He emphasized that post-conviction motions require expertise and are time intensive. 

The committee discussed ineffective counsel, the Alternate Defense Counsel budget, and the impact of Rule 35c motions in rural jurisdications.