S_JUD_2022A 01/25/2022 11:03:15 AM Committee Summary

The committee was called to order. A quorum was present. Members of the Joint Budget Committee (JBC) briefed the joint committee on the budgets for the departments over which the joint committee has oversight. The JBC Staff Budget Briefing Summary, FY 22-23, can be accessed here:  http://leg.colorado.gov/sites/default/files/fy22-23brfsum-12-17-21.pdf

Representative McCluskie, JBC Chair, provided an overview of the Governor's budget proposal for FY 2022-23. Representative Herod, JBC member, briefed the joint committee on the Department of Corrections' budget request for FY 2022-23.

Committee members asked questions about the supplemental requests, prison caseloads, and increases in medical treatment and food. JBC members discussed the supplemental request, including staff and other shortages.

Representative Herod proceeded to discuss the Judicial Department, including infrastructure upgrades in technology, non-discretionary requests, and restoration. Discussion ensued regarding a budget request to enhance Judicial's information technology systems to include such features as remote court participation, as well as budget increases requested for additional administrative staff. Discussion followed regarding a request from Judicial to increase resources for court interpreters.

Representative Herod returned to briefing the joint committee on the Judicial Department FY 2022-23 budget request. Discussion ensued regarding funding for pretrial detention reform under House Bill 21-1280.

Representative Herod discussed the budget for the Office of the Alternate Defense Counsel and the Office of Public Guardianship. Discussion ensued regarding these offices. Representative Herod briefly discussed the budgets for the Department of Law and Department of Public Safety.

 

 

Phil Weiser, Colorado Attorney General, appeared before the joint committee on behalf of the Department of Law pursuant to the SMART Government Act and Joint Rule 25. Attorney General Weiser provided an overview of the department and its duties and priorities. Discussion ensued regarding efforts on the part of the Department of Law in the area of data privacy.

Attorney General Weiser continued to brief the committee on the Department of Law, discussing its efforts in the area of consumer protection and water law. Attorney General Weiser then discussed the department's new initiatives. Discussion ensued regarding the department's efforts to address the illegal proliferation of opioids, and efforts to make enforcement of the law more uniform. Discussion followed regarding the Department of Law's budget priorities. Discussion returned to the opioid issue. Discussion turned to the issue of "no-knock" warrants. Representative Gonzales-Gutierrez and Senator Fields provided input on this issue. Discussion followed regarding crime victims.

 

The prepared remarks from the Attorney General to the Joint Committee on Judiciary can be read at this link:  https://coag.gov/blog-post/prepared-remarks-attorney-general-phil-weiser-statement-to-the-joint-committee-on-the-judiciary-jan-25-2022/

 

The committee recessed.

The committee returned to order.

Chris Henderson, Executive Director, and Ashley Chase, Staff Attorney and Legislative Liaison, Office of the Child's Representative (OCR), appeared before the committee pursuant to the SMART Government Act and Joint Rule 25. Mr. Henderson provided an overview of the office and its role, and updated the committee on some of its initiatives. Mr. Henderson then discussed the office's Wildly Important Goals and SMART Act goals.

Mr. Henderson provided an overview of OCR's legislative agenda for 2022. Mr. Henderson responded to questions regarding the employee turnover rate at OCR.

The OCR presentation to the joint committee is located here:  http://leg.colorado.gov/sites/default/files/images/ocr_joint_judiciary_smart_presentation_2022_final.pdf

The Honorable Brian Boatright, Chief Justice, Colorado Supreme Court, Steve Vasconcellos, State Court Administrator, and Monica Marquez, Justice, appeared before the joint committee on behalf of the Judicial Branch pursuant to the SMART Government Act and Joint Rule 25. Justice Boatright provided a brief overview of the branch. Justice Marquez discussed the Judicial Branch's diversification efforts. Justice Boatright discussed caseload in the Judicial Branch, and personnel changes in the branch. He also discussed administrative improvements, and provided an update on an investigation into an issue with Judicial Branch procurement. Justice Marquez and Mr. Vasconcellos provided input on this issue. Justice Boatright clarified what will be released to the public with respect to this investigation, and the status and role of the Commission on Judicial Discipline.

Mr. Vasconcellos discussed the impact of the COVID pandemic on Judicial Branch operations. Judge Boatright provided input on issues experienced with communications during the pandemic. Judge Boatright responded to questions regarding the impact of the pandemic on the right to a speedy trial. Mr. Vasconcellos discussed time standards with respect to case management.

Mr. Vasconcellos discussed the probation program. Mr. Vasconcellos responded to questions regarding probation and risk assessment. Justice Boatright and Mr. Vasconcellos discussed the Judicial Branch's FY 2022-23 budget request. Discussion ensued regarding a budget request to augment the number of administrative personnel in the branch. Mr. Vasconcellos returned to briefing the committee on the Judicial Branch, discussing its legislative agenda.

Discussion ensued regarding the need for a state constitutional amendment to create a new judicial district.

Nancy Jackson, Chair, Arapahoe County Board of Commissioners. Commissioner Jackson read a letter about the creation of a new judicial district. Discussion ensued regarding the creation of the new district.

Christopher S.P. Gregory, Executive Director, Colorado Commission on Judicial Discipline, Elizabeth Espinosa Krupa, Chair of the commission, and David Prince, commission Vice Chair, briefed the committee on the commission. Commissioner Krupa provided an overview of the commission and its duties. She then explained the process by which a claim of judicial misconduct is handled, and the commission's budget. Commissioner Krupa responded to questions regarding the commission's efforts to seek independent status. Mr. Gregory provided input on this issue.

Discussion ensued regarding attorney-client confidentiality for the Commission on Judicial Discipline. Mr. Gregory responded to questions regarding the commission's funding stream were the commission to become independent. Discussion followed regarding how the General Assembly should approach the commission and its potential independent status. Discussion turned to various rules and laws governing how to handle alleged judicial misconduct, and how to improve the Commission on Judicial Discipline's ability to address judicial misconduct.

The Commission on Judicial Discipline executive summary SMART Act presentation can be found here:  http://leg.colorado.gov/sites/default/files/images/executive.pdf

The presentation in its entirety is here:  http://leg.colorado.gov/sites/default/files/images/220125_ccjd_smart_hrg_presentation_0.pdf

Chris Forsyth, representing himself, testified on the Commission on Judicial Discipline and the handling of alleged judicial misconduct in general.

Elisa Overall, Executive Director, Colorado Access to Justice Commission, briefed the committee on the commission and its functions. Committee members received... She discussed the findings of a listening tour conducted by the commission, and the issues raised during the tour. Ms. Overall outlined some commission recommendations generated by the listening tour. Ms. Overall responded to questions regarding the parameters of the commission's listening tour, and legislative efforts to increase legal resources for Coloradans. Discussion ensued regarding the implications of missing certain court-related deadlines. Ms. Overall responded to questions regarding fellowship programs for accessing justice.

The Colorado Access to Justice 2021 Listening Tour Report is located at this link:  http://leg.colorado.gov/sites/default/files/images/2022.01.25_smart_act_hearing_presentation.pdf

Megan Ring, Colorado State Public Defender, Maureen Cain, Director of Legislative Policy and Organizational Communication for the Office of the State Public Defender (OSPD), and Matthew Blackmon, Director of Finance for OSPD, appeared before the joint committee pursuant to the SMART Government Act and Joint Rule 25. Ms. Ring discussed trends impacting OSPD, and the office's budget priorities and challenges. Ms. Ring responded to questions regarding the office's request to bolster the number of paralegals it employs, and the need for more interpreters by the office and in the judicial realm in general.

Ms. Ring responded to questions regarding a reduction in caseload for OSPD in recent years, and the number of attorneys employed by the office. Ms. Cain responded to questions regarding the reasons why the caseloads have reduced. James Karbach, Office Head for OSPD, also weighed in on this issue. Discussion ensued regarding resources for pretrial diversion, and communications resources needed within the court system.

The annual hearing document prepared by the OSPD is located here:  http://leg.colorado.gov/sites/default/files/images/final_fy_2022-23_ospd_joint_judiciary_hearing_document_for_jan_25_2022_0.pdf