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Colorado Supreme Court Opinions
May 28, 2013

2013 CO 30. No. 12SA25. Lobato v. State of Colorado.
Education Finance—Constitutional Interpretation.

The Supreme Court held that the public school financing system complies with the Colorado Constitution, because it is rationally related to the constitutional mandate that the General Assembly provide a “thorough and uniform” system of public education. It also affords local school districts control over locally raised funds and therefore over “instruction in the public schools.” Accordingly, the Court reversed the trial court’s finding that the public school financing system is unconstitutional.

2013 CO 31. No 12SA156. People v. Brothers.
Subpoena—Motion to Quash—Preliminary Hearing—Child–Victim—Standing.

After the county court refused to consider a motion to quash the subpoena of an alleged child–victim of sexual assault before a preliminary hearing, the Supreme Court issued a rule to show cause. As a preliminary matter, the Court held that the district attorney has standing to move to quash the subpoena of a third-party alleged victim of sexual assault. The Court also held that the county court abused its discretion by refusing to consider the motion to quash before the preliminary hearing, because the alleged child–victim could suffer harm if required to appear at the preliminary hearing, even if he did not ultimately testify. The Court made the rule absolute.

Colorado Supreme Court Opinions