S_JUD_2016A 04/18/2016 01:32:05 PM Committee Summary

01:32 PM -- Confirmation of Juvenile Parole Board - Margaret Wright



Senator Roberts, chair, called the committee to order. A quorum was present. Ms. Margaret Wright, appointee to the Colorado Juvenile Parole Board, discussed her background and qualifications for serving on the board. The letter appointing her may be found as Attachment A. Her application and resume are available at the State Archives. Senator Aguilar commented on the nomination.



16SenateJud0418AttachA.pdf

01:37 PM -- HB16-1059



Senator Todd, sponsor, presented House Bill 16-1059, concerning the definition of "judge" for the crime of retaliation against a judge. Senator Todd explained the bill.



01:39 PM -- Mr. Chris Forsyth, representing The Judicial Integrity Project, testified in opposition to the bill. Mr. Forsyth explained existing statutes and constitutional provisions related to judicial service. He also explained the effect of the bill. Mr. Forsyth responded to questions regarding what may constitute retaliation under existing law, and related laws.



01:45 PM -- Ms. Ruth Sadler, representing Families Against Court Embezzlement Unethical Standards (FACEUS), testified in opposition to the bill. Ms. Sadler discussed her experience in mediation.



01:48 PM -- Ms. Karen Kalavity, representing herself, testified in opposition to the bill. Ms. Kalavity discussed her experience with judges and the legal system.



01:50 PM -- Ms. Luanne Fleming, representing FACEUS, testified in opposition to the bill. She discussed her experience with a judge in mediation, and accountability for judges.



01:54 PM -- Mr. Peter Coulter, representing himself, testified in opposition to the bill. Mr. Coulter discussed his experience with a judge.



01:57 PM -- Mr. Robin Austin, representing FACEUS, testified in opposition to the bill. He discussed judicial accountability. Mr. Austin responded to a question regarding actions that constitute retaliation under existing law.





















02:08 PM -- Mr. Chris Johnson, representing the County Sheriffs of Colorado, testified in support of the bill. Mr. Johnson discussed his experience as a sheriff investigating threats against judges. He responded to questions regarding existing laws concerning making threats against people who are not judges, and existing law concerning retaliation.



02:13 PM -- Mr. Terry Scanlon, representing the Judicial Branch, testified in support of the bill. Mr. Scanlon discussed specific provisions of the bill, explained senior judge status within the Judicial Branch, and provided examples of retaliation against judges. He responded to questions regarding accountability for senior judges, and the standing of retired judges.





02:20 PM



Senator Todd provided closing remarks on the bill. Senator Lundberg commented on the bill.

02:24 PM -- HB16-1391



Senator Lundberg, sponsor, presented House Bill 16-1391, concerning a prohibition against nonattorneys providing legal services related to immigration matters. Senator Lundberg described the bill and his reasons for supporting it.



02:25 PM -- Ms. Catherine Chan, representing the Colorado Immigrant Rights Coalition, testified in support of the bill. Ms. Chan discussed the remedies available for people who have been harmed by nonattorneys in the immigration process.



02:30 PM -- Ms. Alissa Gardenswartz, representing the Colorado Attorney General's Office, testified in support of the bill. Ms. Gardenswartz discussed deceptive trade practices and the effect of the bill on prosecutions.



















02:32 PM -- Mr. Eric Johnson, representing the Colorado Bar Association, testified in support of the bill. Mr. Johnson stated that he viewed the bill as consumer protection legislation, and he discussed different legal systems throughout the world. He also provided examples where people have been harmed by nonattorneys when seeking immigration assistance. Mr. Johnson discussed working on the bill with other interested parties.



02:38 PM -- Ms. Patricia Murphy, representing herself, testified in support of the bill. Ms. Murphy discussed the differences between duties for nonattorneys and attorneys.



02:41 PM -- Ms. Denise Maes, representing the ACLU of Colorado, testified in support of the bill. Ms. Maes discussed testimony presented at the House Judiciary Committee hearing on the bill. She also discussed the effects that may be felt by those harmed by nonattorneys in the immigration process.





02:44 PM



Senator Lundberg provided closing remarks on the bill.

02:45 PM -- HB16-1331



Senator Merrifield, sponsor, presented House Bill 16-1331, concerning the use of restraints on a juvenile during a court proceeding. Senator Merrifield explained his reasons for supporting the bill, and the bill's provisions. He distributed and explained amendment L.003 (Attachment B).



16SenateJud0418AttachB.pdf



















02:50 PM -- Ms. Janet Huffor, representing the County Sheriffs of Colorado and the El Paso County Sheriff's Office, provided neutral testimony on the bill. Ms. Huffor discussed the differences between shackling and restraining. She responded to questions regarding the frequency of restraining juveniles, the severity of the offenses committed by juveniles that are shackled, and the means for shackling juveniles.





03:00 PM



Ms. Huffor described shackling, and responded to questions regarding proceedings at which the bill applies and the procedures for unshackling juveniles in a court room.





03:10 PM



Ms. Huffor continued to respond to questions concerning procedures used to determine whether restraints should be removed from the courtroom.



03:12 PM -- Ms. Ann Roan, representing the Colorado State Public Defender, testified in support of the bill. Ms. Roan explained that the bill is a matter of statewide concern, and she discussed concerns that arise with each judicial district making its own policy. She also discussed court decisions concerning restraining juveniles. Ms. Roan responded to questions regarding how the bill would affect juveniles tried as adults, and how the bill would apply in situations with multiple juveniles in a courtroom.



03:18 PM -- Ms. Melissa North, representing herself, testified in support of the bill. Ms. North discussed her experience related to restraining juveniles in a courtroom.



03:21 PM -- Ms. Sheila Littlejohn-Price, representing herself, testified in support of the bill. Ms. Littlejohn-Price her experience related to restraining juveniles.



03:24 PM -- Ms. Elizabeth Logeman, representing the Colorado Juvenile Detention Center, testified in support of the bill. She discussed practices in others states, and the effects of such policies.



03:27 PM -- Ms. Tamara Thompson, representing the State Public Defender's Office, testified in support of the bill. Ms. Thompson discussed the Denver Court's policy for shackling juveniles, including examples of cases when juveniles were shackled.



03:31 PM -- Ms. Sara Strufing Esqueda, representing the State Public Defender, testified in support of the bill. Ms. Strufing Esqueda discussed policies in Adams and Arapahoe counties.



03:34 PM -- Ms. Linda Weinerman, representing the Office of the Child's Representative within the Judicial Branch, testified in support of the bill. Ms. Weinerman discussed the results of studies concerning those in the child welfare system. She also discussed children held in the juvenile detention system.



























03:38 PM -- Ms. Carla Bennett, representing the Colorado League of Women Voters, testified in support of the bill. Ms. Bennett discussed the effects of shackling, and the inconsistency of policies throughout Colorado.



Senator Merrifield distributed the written testimony of Blair McCarthy (Attachment C).



16SenateJud0418AttachC.pdf



03:41 PM -- Mr. Terry Scanlon, representing the Judicial Branch, provided neutral testimony on the bill. Mr. Scanlon distributed and explained a Judicial Branch report to the General Assembly on Policies for Juvenile Restraints in Courtrooms (the report may be accessed at: http://www.coloradochildrep.org/wp-content/uploads/2015/12/Report-to-the-General-Assembly-on-restraints-on-juveniles1.pdf).



03:44 PM -- Ms. Maureen Cain, representing the State Public Defender's Office and the Criminal Defense Institute, testified in support of the bill. Ms. Cain discussed the work on HB 16-1331 by various interested parties, and the different positions considered in developing the bill. Ms. Cain responded to a question regarding juvenile shackling policies in different judicial districts. Senator Merrifield commented on the different policies of judicial districts.

03:59 PM



Senator Merrifield provided closing remarks on the bill. Senator Cooke commented on the bill.

04:03 PM



The committee adjourned.