Search



Not a CBA Member? Join Now!
Find A Lawyer Directory
Find A Lawyer Directory

Calendars

TCL > August 2006 Issue > Court Business

The Colorado Lawyer
August 2006
Vol. 35, No. 8 [Page  141]

© 2006 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved.

All material from The Colorado Lawyer provided via this World Wide Web server is copyrighted by the Colorado Bar Association. Before accessing any specific article, click here for disclaimer information.

From the Courts

Court Business

Colorado Supreme Court Rules Committee

Notice of Public Written Comment Regarding Changes to
C.R.Crim.P. Chap. 29,
Regarding Rule 23. Trial by Jury or by the Court
Written Comments Due Friday, September 1, 2006

The Colorado Supreme Court proposes to approve amended Rule 23. Trial by Jury or by the Court. An original and eight copies of the written comments on the proposed amended rule and form should be filed with the Clerk of the Colorado Supreme Court, Susan J. Festag, at Two East 14th Avenue, Denver, Colorado 80203, no later than 5:00 p.m., Friday, September 1, 2006. If adopted by the Court, the rule would become effective January 1, 2007.

By the Court:
Alex J. Martinez, Justice
Colorado Supreme Court

_____________________________

Colorado Rules of Criminal Procedure
Chapter 29, Regarding Rule 23. Trial by Jury or by the Court

Chapter VI. Trial
Rule 23. Trial by Jury or by the Court

(a) (Deleted by the Court, effective November 1, 1992.)

(1)–(4) [No Change.]

(5)(I) The person accused of a felony or misdemeanor may, with the consent of the people, waive a trial by jury in writing or orally in court. Trial shall then be by the court.

(II) The court shall not proceed with a trial to the court after waiver of jury trial without first determining:

(a) That the defendant’s waiver is voluntary; and

(b) That the defendant understands that:

(i) The waiver would apply to all issues that might otherwise need to be determined by a jury including those issues requiring factual findings at sentencing;

(ii) The jury would be composed of a certain number of jurors;

(iii) A jury verdict must be unanimous;

(iv) In a trial to the court, the judge alone would decide the verdict;

(v) The choice to waive a jury trial is the defendant’s alone and may be made contrary to counsel’s advice.

(III) In a proceeding where the waiver of a jury trial is part of a determination preceding the entry of a guilty or nolo contendere plea, the court need only make the determinations required by Rule 11(b) and not those required by this rule.

(6)–(8) [No Change.]

________________________________________________________________________

Notice of Public Written Comment Regarding Changes to
C.R.Crim.P. Chapter 29,
Regarding Rule 32. Sentence and Judgment
Written Comments Due Friday, September 1, 2006

The Colorado Supreme Court proposes to approve amended Rule 32. Sentence and Judgment. An original and eight copies of the written comments on the proposed amended rule and form should be filed with the Clerk of the Colorado Supreme Court, Susan J. Festag, at Two East 14th Avenue, Denver, Colorado 80203, no later than 5:00 p.m., Friday, September 1, 2006. If adopted by the Court, the rule would become effective January 1, 2007.

By the Court:

Alex J. Martinez, Justice
Colorado Supreme Court

_____________________________

Colorado Rules of Criminal Procedure
Chapter 29, Regarding Rule 32. Sentence and Judgment

Chapter 29. Rules of Criminal Procedure
Chapter VII. Judgment
Rule 32. Sentence and Judgment

(a) Presentence or Probation Investigation.

(1) [No Change.]

(2) Report. The presentence report shall include, but not be limited to, information as to the defendant’s family background, educational history, employment record, and past criminal record, an evaluation of the alternative dispositions available for the defendant, and such other information as the court may require. In addition, the court, as it deems appropriate, may require the presentence report to include the findings and results of a professionally conducted mental and physical examination of the defendant. Within a reasonable time prior to sentencing, copies of the presentence report, including any recommendations as to probation, shall be furnished to the prosecuting attorney and defense counsel or to the defendant if the defendant is unrepresented. The report shall also include a statement showing the amount of time during which the defendant was confined prior to the imposition of sentence for the offense for which the defendant is being sentenced.

(b) Sentence and judgment.

(1) Sentence shall be imposed without unreasonable delay. Before imposing sentence, the court shall afford the defendant an opportunity to make a statement in his or her own behalf, and to present any information in mitigation of punishment. The state also shall be given an opportunity to be heard on any matter material to the imposition of sentence. Alternatives in sentencing shall be as provided by law.

(2) Upon conviction of guilt of a defendant of a class 1 felony, and after the sentencing hearing provided by law, the trial court shall impose such sentence as is authorized by law. At the time of imposition of a sentence of death, the trial court shall enter an order staying execution of the judgment and sentence until further order of the Supreme Court.

(3) Judgment. A judgment of conviction shall consist of a recital of the plea, the verdict or findings, the sentence, the finding of the amount of presentence confinement, and costs, if any are assessed against the defendant, the finding of the amount of earned time credit if the defendant had previously been placed in a community corrections program, and a statement that the defendant is required to register as a sex offender, if applicable.

(c) Advisement. Where judgment of conviction has been entered following a trial, the court shall, after passing sentence, inform the defendant of the right to seek review of the conviction and sentence, and the time limits for filing a notice of appeal. The court shall at that time make a determination whether the defendant is indigent, and if so, the court shall inform the defendant of the right to the assistance of appointed counsel upon review of the defendant’s conviction and sentence, and of the defendant’s right to obtain a record on appeal without payment of costs. In addition, the court shall, after passing sentence, inform the defendant of the right to seek postconviction reduction of sentence in the trial court under the provisions of Rule 35(b).

If the defendant is found not guilty or for any other reason is entitled to be discharged, judgment shall be entered accordingly. All judgments shall be signed by the trial judge and entered by the clerk in the register of actions.

Where judgment of conviction has been entered following a plea of guilty or nolo contendere, the court shall, after passing sentence, inform the defendant that the defendant may in certain circumstances have the right to appellate review of the sentence, of the time limits for filing a notice of appeal, and that the defendant may have a right to seek postconviction reduction of sentence in the trial court under the provisions of Rule 35(b).

(d) Withdrawal of Plea of Guilty or Nolo Contendere. A motion to withdraw a plea of guilty or of nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended.

If the court decides that the final disposition should not include the charge or sentence concessions contemplated by a plea agreement, as provided in Rule 11(f) of these Rules, the court shall so advise the defendant and the district attorney and then call upon the defendant to either affirm or withdraw the plea of guilty or nolo contendere.

(e) Criteria for Granting Probation. The court in its discretion may grant probation to a defendant unless, having regard to the nature and circumstances of the offense and to the history and character of the defendant, it is satisfied that imprisonment is the more appropriate sentence for the protection of the public.

The conditions of probation shall be as the court in its discretion deems reasonably necessary to ensure that the defendant will lead a law-abiding life and to assist the defendant to do so. The court shall provide as an explicit condition of every sentence to probation that the defendant not commit another offense during the period for which the sentence remains subject to revocation.

(f) Proceedings for Revocation of Probation.

(1) At the first appearance of the probationer in court, or at the commencement of the hearing, whichever is first in time, the court shall advise the probationer as provided in Rule 5(2)(I) through (VI) of these Rules insofar as such matters are applicable, except that there shall be no right to a trial by jury in proceedings for revocation of probation.

(2) At or prior to the commencement of the hearing, the court shall advise the probationer of the charges against the probationer and the possible penalty or penalties therefor, and shall require the probationer to admit or deny the charges.

(3)–(5) [No Change.]

_____________________________

Rule Change 2006(09)
Chapter 32. Colorado Appellate Rules
(New) Rule 28. Briefs
Adopted

(k) Standard of Review; Preservation. For each issue raised on appeal, the party raising such issue must provide, under a separate heading placed before discussion of the issue: (1) a concise statement of the applicable standard of appellate review with citation to authority; and (2) a citation to the precise location in the record where the issue was raised and ruled on, if the issue involves (i) admission or exclusion of evidence, (ii) giving or refusing to give a jury instruction, or (iii) any other act or ruling for which the party seeking relief must record an objection or perform some other act to preserve appellate review. A citation of where the issue was preserved for appellate review shall include, if applicable, the record reference where an objection, offer of proof, motion in limine, motion for directed verdict, or other relevant motion was made and ruled on. For each issue, the responding party must provide, under a separate heading placed before discussion of the issue, a statement of whether such party agrees with the opponent’s statements concerning the standard of review and preservation for appeal, and if not, why not.

COMMITTEE COMMENT

Compliance with subsection (k) does not warrant lengthy discussion but requires only the declaration of the applicable standard of review and the record reference to where the issue was preserved. The following are examples:

(1) An appellate court reviews the wording of an instruction for abuse of discretion. [Cite case.] Because this is a criminal case and no objection was made or alternative instruction tendered in the trial court, the issue should be reviewed for plain error. [Cite case.]

(2) The admissibility of expert testimony is reviewed for abuse of discretion. [Cite case.] This issue was preserved by appellant’s offer of proof. R. _____, p. _____.

Adopted by the Court, En Banc, June 22, 2006. Effective immediately.

By the Court:

Nancy E. Rice, Justice
Colorado Supreme Court

__________________________________________________________________________________________

Colorado Judicial Department
Chief Justice of the Supreme Court Directives

Notice of Availability

A full set of the Chief Justice Directives may be purchased from the Colorado Judicial Department for $15, which includes copying, handling, and postage costs. Checks should be made payable to Colorado Judicial Department and should be mailed to: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203. Individual Chief Justice Directives will be assissed a $5 charge, pursuant to Chief Justice Directive 96-01, concerning standard research fees. Chief Justice Directives also are available from the Colorado Supreme Court homepage at: http://www.colorado.gov/dpa/doah.

Publication in The Colorado Lawyer

Chief Justice Directives will be published on a space available basis in this "Court Business" section of The Colorado Lawyer. Some attachments may be omitted due to space restrictions. To obtain a copy of attachments, contact: Court Services Division, Office of the State Court Administrator, 1301 Pennsylvania St., #300, Denver, CO 80203; or visit http://www.colorado.gov/dpa/doah.

_____________________________

Repeal of Chief Justice Directive 95-04

I hereby repeal Chief Justice Directive 95-04, amended June 4, 1999, concerning Designation of Judges in Death Penalty Cases, and declare it to be no longer in force or effect.

Dated at Denver, Colorado this 6th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

_____________________________

Repeal of Chief Justice Directive 96-06

I hereby repeal Chief Justice Directive 96-06, signed November 22, 1996, concerning Death Penalty Cases, and declare it to be no longer in force or effect.

Dated at Denver, Colorado this 6th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

_____________________________

Chief Justice Directive 98-01
Costs for Indigent Persons in Civil Matters
Dated June 30, 2006

I. Statutory Authority

Section 13-16-103 C.R.S. provides for an indigent person to prosecute or to defend in a court proceeding without the payment of costs, at the discretion of the judge. In the event that the indigent person successfully prosecutes or defends an action or proceeding, a judgment shall be entered in favor of the indigent person for court costs. If these costs are collected by the indigent person, that person shall pay the court in the amount of court costs which were waived.

II. Indigency Determination

A petitioner or a respondent in a civil case must be indigent to proceed in a court action without the payment of costs. Indigency should be determined by using the attached procedures.

III. Costs That May Not Be Waived

Any obligation for payment to a person or entity other than the State of Colorado, which arises in the course of "prosecuting or defending" a civil action or special proceeding is not one which can be waived on the basis of a party’s indigency. Waiver of costs is limited to those fees and expenses owed to the state and does not apply to fees and expenses owed to other persons or entities. Therefore, transcript fees, witness fees, and process server fees cannot be waived by the court. As set forth in Section 13-16-124 C.R.S., if the party delivers the documents for service of process to the sheriff, the court cannot waive the sheriff’s fee. The sheriff must make that determination.

IV. Costs That May Be Waived

If the court determines the person to be indigent, any costs owed to the state may be waived. Such costs would include filing fees, reasonable copy fees, jury fees, and research fees. If the court delivers the documents for service of process to the sheriff, the court can waive the sheriff’s fee and pay such fees from mandated costs.

Done at Denver, Colorado this 30th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

_____________________________

Chief Justice Directive 04-04
Appointment of State-Funded Counsel in
Criminal and Juvenile Delinquency Cases
Dated June 30, 2006

I. Statutory Authority

A. The federal and state constitutions provide that an accused person has the right to be represented by counsel in criminal prosecutions. This constitutional right has been interpreted to mean that counsel will be provided at state expense for indigent persons in all cases in which actual incarceration is a likely penalty, unless incarceration is specifically waived as a sentencing option pursuant to § 16-5-501, C.R.S., or Alabama v. Shelton, 535 U.S. 654 (2002), or there is a waiver of the right to counsel at the advisement.

B. State funds are appropriated to the Office of the Public Defender to provide for the representation of indigent persons in criminal and juvenile delinquency cases pursuant to § 21-1-103, C.R.S.

C. State funds are appropriated to the Office of Alternate Defense Counsel to provide for the representation of indigent persons in criminal and juvenile delinquency cases in which the Public Defender declares a conflict of interest pursuant to § 21-2-101, C.R.S.

D. Section 19-2-706(2), C.R.S., provides for the representation of juveniles in delinquency cases in which (1) the parent or legal guardian refuses to retain counsel for the juvenile, or (2) the court finds such representation is necessary to protect the interest of the juvenile or other parties involved in the case. When such an appointment is necessary and the juvenile does not qualify for representation by the Public Defender or the Office of Alternate Defense Counsel, the Judicial Department will pay for the costs of counsel and investigator services. However, reimbursement to the state may be ordered, as outlined in this directive.

II. Indigency Determination

A. A defendant in a criminal case or a juvenile’s parent or legal guardian in a delinquency case must be indigent to be represented by the Public Defender or by Alternate Defense Counsel, in cases of Public Defender conflict, at state expense. Such person(s) must also be indigent or otherwise qualify for court-appointed counsel as described in section III for the court to authorize the payment of certain costs/expenses. Any defendant in a criminal case, or the juvenile’s parent, guardian, or legal custodian in a delinquency case, requesting court-appointed representation on the basis of indigency must complete Form JDF208, Application for Court-Appointed Counsel or Guardian ad Litem, signed under oath.

B. An indigent person is one whose financial circumstances fall within the fiscal standards established by the Supreme Court (Attachments A, B, and C).

C. Pursuant to § 21-1-103 (3), C.R.S., the determination of indigency shall be made by the Public Defender subject to review by the court. Therefore, all persons seeking court-appointed representation shall complete form JDF208 and shall first apply with the Office of the Public Defender. The Public Defender will determine if the defendant, or a juvenile’s parent or legal guardian in a delinquency case, is eligible for representation in accordance with the fiscal standards.

D. If the Public Defender finds the person to be ineligible and denies representation, the court shall determine the following: 1) whether the court disagrees with the Public Defender’s evaluation and determination, and the Public Defender should be appointed; or 2) whether the person is not eligible for state-paid representation. The court may use the judicial district’s collection investigator(s) to provide a recommendation to the court relative to the above determinations, if additional analysis is needed.

III. Guidelines for Appointment of Counsel

A. Appointment of Public Defender

1. Appointments on the Basis of Indigency: To be eligible for representation by the Public Defender (PD), a defendant, or a juvenile’s parent or legal guardian in a delinquency case, must be indigent, as defined above and determined by the PD, subject to review by the court. If such person is indigent, the court shall appoint the PD, except as otherwise provided in paragraph III.B.

If the juvenile’s parent or legal guardian is indigent and also is found to have good cause to refuse to retain counsel due to the fact that a family member is a victim or there is another irreconcilable conflict, the court shall appoint the PD, except as otherwise provided in paragraph III.B.

2. Appointments to Assist in Motions Under Rule 35 of the Colorado Rules of Criminal Procedure: An indigent defendant may be entitled to representation by the public defender to assist in motions under Rule 35 if the court does not deny the motion under Crim. P. 35(C)(3)(IV). If another attorney represents the defendant and withdraws, the PD may be appointed if the defendant is indigent and there is no conflict with such representation.

3. Appointments for Appeals:

a) The court or the PD shall reassess the indigency status of a defendant who requests court-appointed counsel, as described in section II.A., for purposes of appeal.

b) When an indigent person has an Alternate Defense Counsel attorney for the trial of a criminal or delinquency case, the PD shall be appointed to represent the defendant on appeal unless the court determines that the PD has a conflict of interest.

B. Appointment of Alternate Defense Counsel

The Office of Alternate Defense Counsel (OADC) shall maintain a list of qualified attorneys for use by the courts in making appointments. Upon appointment of Alternate Defense Counsel attorney, the clerk shall notify the OADC’s designee. No more than one attorney may be appointed as counsel for an indigent person except in specific exceptional circumstances. Accordingly, upon specific written request by counsel for appointment of an additional attorney to assist in the defense of an indigent person, the OADC may approve appointment of an additional attorney for good cause shown. Such requests should be made in writing and directed to the OADC. Alternate Defense Counsel shall be appointed under the following circumstances:

1. Conflict-of-Interest Appointments: The Public Defender shall file a motion or otherwise notify the court to withdraw in all cases in which a conflict of interest exists. The court shall appoint an Alternate Defense Counsel attorney to represent indigent persons in cases in which the court determines that the Public Defender has a conflict of interest and removes the Public Defender from the case. The OADC is responsible by statue to handle all Public Defender conflict cases. Therefore, the OADC shall establish policies and procedures to cover instances when Alternate Defense Counsel has a conflict.

The court may appoint counsel in a juvenile delinquency case if the parent or guardian refuses to retain counsel, pursuant to § 19-2-706(2)(b), C.R.S. If the juvenile’s parent or legal guardian is indigent and also are found to have good cause to refuse to retain counsel due to the fact that a family member is a victim or there is another irreconcilable conflict, and the person would be eligible for Public Defender representation except that a conflict of interest exists, the court shall enter a written order stating this finding and shall appoint an Alternate Defense Counsel attorney.

2. Appointments to Assist in Motions Under Rule 35 of the Colorado Rules of Criminal Procedure: An indigent defendant may be entitled to conflict-free counsel to assist in motions under Rule 35 if the court does not deny the motion under Crim. P. 35(C)(3)(IV) and if the PD notifies the court that a conflict of interest exists. The provisions of III.B.1. above shall be followed in appointing an Alternate Defense Counsel attorney.

3. Appointments for Appeals: If the court determines that the Public Defender has a conflict of interest, it shall set forth in a written order the reason for the conflict of interest and the court shall appoint an Alternate Defense Counsel attorney to represent the defendant.

C. Appointment of Other Counsel

The Clerk of Court or the District Administrator shall maintain a list of qualified private attorneys from which appointments shall be made under this section. Upon appointment, the Clerk of Court or the District Administrator shall provide the attorney with a written order of appointment stating the reason for appointment and date of the appointment. Private counsel appointed under the following circumstances will be paid by the Judicial Department as established in this directive:

1. Counsel in Delinquency Cases (non-indigent): The court may appoint counsel in a delinquency case if it deems representation by counsel is necessary to protect the interest of the juvenile or of other parties or if the parent or guardian refuses to retain counsel, pursuant to § 19-2-706(2), C.R.S. If an appointment of counsel is necessary for these reasons and the juvenile does not qualify for representation by the Public Defender or Alternate Defense Counsel as described above, the court may appoint private counsel which will be paid by the Judicial Department. The court shall order the parent or guardian to reimburse the court for the costs of counsel, and if applicable, investigator appointments, unless the court finds there is good cause for the refusal to retain counsel, such as, a family member is a victim.

2. Appointments of Advisory Counsel: There is no constitutional right to the appointment of advisory counsel to assist a pro se defendant. However, pursuant to case law, the court may appoint private advisory counsel either 1) at the request of an indigent pro se defendant, or 2) over the objections of an indigent pro se defendant to ensure orderly proceedings and to provide assistance to the defendant. If the court appoints private advisory counsel for an indigent pro se defendant in a criminal case, the Judicial Department will pay for counsel, as there is no statutory authority for the Public Defender or the Alternate Defense Counsel to advise pro se defendants.

3. Appointments of Contempt Counsel: Private counsel may be appointed for an indigent person facing contempt charges in criminal or delinquency cases when punitive sanctions may be imposed, in accordance with Rule 107(d) of the Colorado Rules of Civil Procedure. If the court appoints private counsel to represent an indigent party for contempt charges in a criminal or delinquency case, the Judicial Department will pay for counsel, as there is no statutory authority for the Public Defender or the Alternate Defense Counsel to represent clients for the sole purpose of addressing contempt charges. Costs and reasonable attorney’s fees in connection with the contempt proceeding may be assessed at the discretion of the court.

4. Appointments of Counsel for Grand Jury Witnesses: A witness subpoenaed to appear and testify before a grand jury is entitled to assistance of counsel pursuant to § 16-5-204, C.R.S. For any person financially unable to obtain adequate assistance, counsel may be appointed at state expense. Pursuant to case law, no attorney who provides counsel in the grand jury room may represent more than one witness in a single investigation without grand jury permission. If the court appoints counsel for an indigent witness before a grand jury, the Judicial Department will pay for counsel, as there is no statutory authority for the Public Defender or the Alternate Defense Counsel to represent grand jury witnesses.

5. Appointments of Counsel for Witnesses: An indigent witness subpoenaed to appear and testify in a court hearing may be appointed counsel if the witness requests counsel and the judge determines the appointment of counsel is necessary to assist the witness in asserting his or her privilege against self-incrimination. If the court appoints counsel for an indigent witness for this purpose, the Judicial Department will pay for counsel, as there is no statutory authority for the Public Defender or the Alternate Defense Counsel to represent a witness.

IV. Guidelines for Payment

A. Public Defender Costs

The Public Defender’s Office has attorneys on staff (Deputy Public Defenders) to accept appointments. Court costs and other expenses incurred by the Public Defender shall be billed to the Public Defender’s Office in accordance with that office’s policies and procedures.

B. Office of Alternate Defense Counsel Costs

Claims for payment of counsel and investigator fees and expenses shall be filed with the OADC. A schedule of maximum hourly rates and maximum total fees for OADC state-funded counsel and investigators is shown in Attachment D (1). Court costs incurred by Alternate Defense Counsel attorneys and investigators shall be billed to the OADC in accordance with that office’s policies and procedures.

C. Other Court-Appointee’s Costs

The fees and costs associated with appointments described under section III. C. shall be paid by the Judicial Department as follows:

1. Fees and Expenses: Appointments may be made under contracts developed by the Judicial Department or on an hourly fee basis. A schedule of maximum hourly rates and maximum total fees for state-funded counsel and investigators is shown in Attachment D (2). Upon appointment of counsel or other appointee, court staff shall enter the appointment in the ICON computer system and complete the appointment on the CAC system for payment and tracking purposes. Claims for payment on hourly appointments shall be filed with the District Administrator in the respective judicial district on the Request and Authorization for Payment of Fees, JDF207. Claims for payment on contract appointments shall be filed with the State Court Administrator’s Office in the format required by that office. All requests for hourly payment must be in compliance with Guidelines for Payment of Court-Appointed Counsel and Investigators Paid by the Judicial Department for Itemized Fees and Expenses on an Hourly Basis (Attachment E) and shall follow the Court-Appointed Counsel and Investigators Procedures for Payment of Fees and Expenses (Attachment F). All payment requests shall be reviewed by the District Administrator or his/her designee, to ensure that all charges are appropriate and in compliance with this directive and applicable fiscal policies and procedures, before authorizing the request. The Office of the State Court Administrator may review, verify, and revise, when appropriate, authorizations for payment. All incomplete claims will be returned to the attorney or investigator with instructions regarding the additional information needed to process the payment.

2. Court Costs: Costs incurred by counsel shall be pre-approved, billed to and paid by the appointing court. Court costs include such items as: expert and standard witness fees and expenses, service of process, language interpreter fees, mental health examinations, transcripts, and discovery costs. Payment of all court costs shall be in accordance with applicable statutes, Chief Justice Directives, and other policies and procedures of the Judicial Department, including the Mandated Costs chapter of the Judicial Department’s Fiscal Policies and Procedures manual. Out-of-state investigation travel expenses incurred by the appointee shall be submitted to the court using form JDF207 with the appropriate travel receipts attached.

3. Investigator Appointments: If a private appointed attorney paid by the Judicial Department requires the services of an investigator, he or she shall submit a motion to the court requesting authority to hire an investigator. The court shall authorize such appointments as the judge or magistrate deems necessary, and shall issue an order authorizing the amount of investigator fees and expenses that may be incurred, not to exceed the maximum fees set forth in Attachment D (2). The Judicial Department shall pay for investigator services in these instances, as there is no statutory authority for the Public Defender or the Alternate Defense Counsel to provide and pay for these services.

D. Court Costs, Expert Witness Fees and Investigator Fees of Indigent Party Not Appointed Counsel

In certain circumstances, a defendant’s court costs, expert witness fees, and investigator fees may be paid by the Judicial Department even though the defendant is not being represented by state-funded counsel (i.e., Public Defender; Alternate Defense Counsel; Judicial-paid counsel). Payment by the local court is appropriate if any of the following statements apply:

a) The defendant is indigent and proceeding pro se;

b) The defendant is indigent and receiving pro bono, private counsel;

c) The defendant is receiving private counsel but becomes indigent during the course of the case, and the court has determined that there are insufficient funds to pay for court costs and that it would be too disruptive to the proceedings to assign the Public Defender or Alternate Defense Counsel to the case.

Court costs include such items as: expert and standard witness fees and expenses, service of process, language interpreter fees, mental health examinations, transcripts, and discovery costs. An investigator appointed by the court under this section shall be paid in accordance with the rates and maximum fees established in Attachment D (2). A motion requesting authorization to hire an investigator, to pay court costs, or for expert witness fees shall be submitted to the court. The Court shall authorize such appointments or payments as the judge or magistrate deems necessary, and shall issue an order authorizing the amount of the costs, fees and expenses that may be incurred under this section. For maximum rates for payment of expert witnesses, see CJD 87-01.

V. Reimbursement to the State

If the court determines, at any time before or after the appointment of state-funded counsel, that the person has the ability to pay all or a part of the costs for representation or other expenses/costs, the court shall enter a written order that the person reimburse all or a part of said costs. Such order shall constitute a final judgment including costs of collection and may be collected by the state in any manner authorized by law. The court shall review the person’s indigency status at the time of sentencing or case disposition and notify the defendant or responsible party that attorney fees and expenses and other costs are being assessed in an amount to be determined once all bills have been submitted. The financial review may be accomplished with the use of the Collections Investigator. If the defendant is placed on probation, the court may require payment for the costs of representation as one of the conditions of probation.

If the court appoints counsel for a juvenile in a delinquency case because of the refusal of the parent, guardian, or other legal custodian to retain counsel for the juvenile, the court shall order the responsible party(ies) (unless the county department of social services or the Department of Human Services is the responsible party) to reimburse the state for the costs of counsel unless the court finds there is good cause for the refusal to retain counsel pursuant to § 19-2-706(2)(b), C.R.S.

Collection of fees and costs related to court-appointed representation may be referred to the Collections Investigator, a private collector with whom the Judicial Department has contracted, or to the Central Collections Service in the State Department of Personnel and Administration.

Costs for representation provided may be assessed against the responsible party(ies) at the fixed hourly rate for state-funded private counsel, at the state-funded counsel contract rate, or at the hourly cost of providing legal representation by the Public Defender or Alternate Defense Counsel for the number of hours reported by counsel to the court. Other costs incurred for the purposes of prosecution of the case may also be assessed, including, for example, costs for transcripts, witness fees and expenses, language interpreter fees, and costs for service of process. In addition, the responsible party(ies) may be required to pay costs of collection. Costs incurred for accommodations required under the Americans with Disabilities Act, such as hearing interpreter fees, may not be assessed.

VI. Complaints

A. All written complaints and documentation of verbal complaints regarding the performance of any state-paid counsel shall be submitted to the district administrator.

B. All complaints shall be referred by the district administrator to the appropriate agency or person. Public Defender complaints shall be submitted to the Public Defender’s Office. Complaints against an Alternate Defense Counsel attorney shall be submitted to the Alternate Defense Counsel Office. The district administrator will forward all other complaints to the presiding judge or, if appropriate, the chief judge of the district unless a conflict exists due to the judge’s involvement in a pending case. If a conflict exists, the district administrator will forward the complaint to another judge designated for that purpose.

C. If the complaint involves an attorney and the reviewing judge or district administrator determines that the person may have violated the Colorado Rules of Professional Conduct, the information shall be filed with the Colorado Supreme Court Office of Attorney Regulation Counsel. The Regulation Counsel shall advise the reporting judge or district administrator and the State Court Administrator of the final outcome of the investigation.

D. Copies of all written complaints and documentation of verbal complaints regarding state-paid counsel, shall be forwarded by the district administrator to the State Court Administrator’s Office. The State Court Administer may investigate a complaint and take action he believes is necessary to resolve any concerns or issues raised by the complaint. Such action may include terminating the contract with the attorney.

VII. Sanctions

A. All contracts with the Judicial Department for appointments addressed in this Chief Justice Directive shall include a provision requiring compliance with this Chief Justice Directive. Failure to comply with this Directive may result in termination of the contract and/or removal from the appointment list.

B. Judges and magistrates shall notify appointees that acceptance of the appointment requires compliance with this Directive, and that failure to comply may result in termination of the current appointment and/or removal from the appointment list.

Effective May 1, 2004, CJD 97-01 is REPEALED and REPLACED by this CJD 04-04.

CJD 04-04 is amended and adopted effective July 1, 2006.

Done at Denver, Colorado this 30th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

_____________________________

Chief Justice Directive 04-05
Appointment and Payment Procedures for Court Appointed Counsel
Pursuant to Titles 12, 13, 14, 15, 19 (Dependency and Neglect Only), 22, 25, 27, and
Guardians Ad Litem, Child and Family Investigators and Court Visitors
Paid by the State Court Administrator’s Office
Dated June 29, 2006

The following policy is adopted to assist the administration of justice through

• the appointment of counsel for children and adults under Titles 12, 13, 15, 19 (dependency and neglect only), 22, 25, and 27,

• the appointment and training of guardians ad litem and court visitors appointed on behalf of wards or impaired adults in all cases and

• the appointment of non-attorney child and family investigators in the best interest of children pursuant to § 14-10-116.5, C.R.S.

This policy does not cover appointments made pursuant to Titles 16 and 18, nor appointments of counsel in juvenile delinquency matters pursuant to Title 19, nor appointments of guardians ad litem for minors, attorney child and family investigators and child’s legal representatives (Office of Child’s Representative (OCR) appointments). For information concerning criminal and juvenile delinquency appointments refer to Chief Justice Directive 04-04, and for state paid attorneys appointed in the best interest of children and paid by the OCR, refer to Chief Justice Directive 04-06.

I. Statutory Authority

A. The federal and state constitutions and various Colorado statutes provide authority for the appointment of counsel, guardians ad litem (GAL), child and family investigators, and court visitors in certain legal actions.

B. State funds are appropriated to the Judicial Department to provide for representation in dependency and neglect cases and in certain other cases in which the party represented, or the party’s parent or legal guardian, is determined to be indigent.

II. Eligibility Determination

A. The person for whom representation is requested or, in the case of children, the responsible party, must be indigent to qualify for court-appointed representation at state expense pursuant to Titles 14, 22, 25, and 27 and for representation of respondents in a dependency and neglect action under Title 19. Such person(s) must also be indigent for the court to authorize payment of certain costs and expenses.

B. An indigent person is one whose financial circumstances fall within the fiscal standards set forth in Attachment A.

C. All persons requesting court-appointed representation to be paid by the state on the basis of indigency must complete, or have completed on their behalf, application form JDF 208 ("Application for Court-Appointed Counsel or Guardian ad Litem") signed under oath, before an appointment of counsel at state expense may be considered. Form JDF 208 must be completed for the appointment of counsel at state expense in all cases except mental health cases under Title 27, guardianship and protective proceeding cases under Title 15 in which the respondent refuses to or is unable to supply the necessary information, cases in which a minor is requesting counsel for judicial bypass proceedings pursuant to § 12-37.5-107(2)(b), C.R.S., and pursuant to § 13-90-208 C.R.S. a person who is deaf or hard of hearing may have access to counsel for advice on whether to execute a waiver.

D. or appointments under Title 15 and some appointments under Title 25 where the court believes that the person needs the assistance of counsel and is unable to obtain counsel, the person for whom representation is requested or, in the case of children, the responsible party, need not be indigent to qualify for court-appointed representation at state expense.

E. If, in the best interests of justice, a tentative appointment of legal counsel or a guardian ad litem for the party is necessary, such appointment may be made pending a final decision regarding indigency. If a review of a person’s application shows that the person is not indigent and the person is not qualified to have court-appointed representation at state expense, the court may order the person to reimburse the state for any justifiable fees and expenses as a result of representation provided from a tentative appointment of legal counsel or a guardian ad litem.

III. Guidelines for Appointment of Counsel, GAL (for Adults), Non-Attorney Child and Family Investigators and Court Visitor:

The Clerk of Court or the District Administrator shall maintain a list of qualified persons from which appointments will be made under this section. Upon appointment, the Clerk of Court or the District Administrator shall provide the appointee with a written order of appointment stating the reason for appointment and date of the appointment. The order shall specify the:

1. Authority under which the appointment is made;

2. Reason(s) for the appointment;

3. Scope of the duties to be performed; and

4. Terms and method of compensation (including indigency status).

See Attachments B (form JDF209), and C (form JDF210).

A. Appointment of Counsel

Appointments may be made under contracts developed by the Judicial Department or on an hourly fee basis. Any attorney not under contract with the Department who requests appointments must submit to the chief judge a request with an affidavit of qualifications for such appointments. The judge, in his or her discretion, may approve additions to the list at any time. An attorney must submit an updated affidavit every three years to ensure that he or she is maintaining his or her qualifications for such appointments. The judge or magistrate shall consider the number of an attorney’s active cases, the qualifications of the attorney as provided, and the needs of the party requesting representation when making appointments.

1. Appointment of Counsel for Respondent in Dependency and Neglect Proceedings: Counsel shall be appointed for an indigent parent or guardian in dependency and neglect proceedings as provided under Title 19, as amended.

2. Appointment of Counsel for Involuntary or Emergency Alcohol/Drug Commitment Proceedings: Counsel appointments to provide legal representation to eligible persons shall be in accordance with the provisions under Title 25, Article 1, as amended.

3. Appointment of Counsel for Care and Treatment of Mentally Ill: Counsel appointments to provide legal representation to eligible persons shall be in accordance with the provisions under Title 27, Article 10, as amended.

4. Appointment of Counsel for Probate, Trusts, and Fiduciaries: Counsel appointments to provide legal representation to eligible persons shall be in accordance with provisions under Title 15, Article 14, as amended.

5. Appointment of Counsel for a Juvenile:

a. Counsel may be appointed for a child in a truancy matter under Title 22 if adjudication is previously entered and the child is served with a contempt citation or if the court deems representation by counsel necessary to protect the interests of the child or other parties. Parties requesting counsel must complete form JDF 208 and a finding of indigence entered for the appointment of counsel at state expense. If the party is not qualified to have court-appointed representation at state expense, the court may order the responsible party(ies) to reimburse the state for any justifiable fees and expenses as a result of representation provided from a tentative appointment of legal counsel.

b. Counsel may be appointed for a minor under the judicial bypass provisions of the Colorado Parental Notification Act pursuant to § 12-37.5-107(2)(b), C.R.S. and Chapter 23.5 of the Colorado Rules of Civil Procedure ("Rules of Procedure for Judicial Bypass of Parental Notification Requirements").

6. Appointment of Counsel for Appeals: The trial court shall determine the need and statutory requirement for appointment of counsel on appeal. The court shall be under no obligation to appoint counsel in appeals where the sole issue for determination is the individual allocation of parental responsibilities between and among two parents. Where applicable, determinations of indigency should be in accordance with the procedure described in section II. The maximum total fee allowable on an appeal shall be in accordance with the maximum fees outlined in section IV, D. Requests for payment shall be filed on Form JDF 207 (Colorado Judicial Department Request and Authorization For Payment of Fees) with the appellate court and must contain a copy of the order appointing counsel to represent the indigent person on appeal. An appellate court judge, or designee, shall carefully review all requests for payment submitted to the court for approval.

7. Appointment of Counsel for a Person who is Deaf or Hard of Hearing: The right of a person who is deaf or hard of hearing to a qualified interpreter or auxiliary service may not be waived except in writing by the person who is deaf or hard of hearing. Prior to executing such a waiver, a person who is deaf or hard of hearing may have access to counsel for advice.

B. Appointment of Guardians ad Litem (for Adults), and Non-Attorney Child and Family Investigators and Court Visitors.

The court may appoint a qualified person other than an attorney as a child and family investigator or court visitor when the appointment of an attorney is not mandated by statute. The court shall maintain a list of qualified persons to accept appointments as Guardians ad Litem, court visitors and non-attorney child and family investigators from which the court will make appointments.

1. Appointment of GAL in Dependency and Neglect Case: A guardian ad litem may be appointed for a parent or guardian in dependency and neglect proceedings who has been determined to be mentally ill or developmentally disabled, unless a conservator has been appointed, pursuant to Title 19.

2. Appointment of GAL in Trusts or Estates: In formal proceedings involving trusts or estates of decedents, protected persons, and in judicially supervised settlements pursuant to Title 15, a guardian ad litem may be appointed for an incapacitated person, unascertained person, or a person whose identity or address is unknown, if the court determines that a need for such representation exists.

3. Appointment of GAL in a Civil Suit: A guardian ad litem may be appointed for an incompetent person who does not have a representative and who is a party to a civil suit.

4. Appointment of GAL for Emergency or Involuntary Commitment of Alcoholics or Drug Abusers: Upon the filing of a petition for involuntary commitment of alcoholics or drug abusers, a guardian ad litem may be appointed for the person if the court deems the person’s presence in court may be injurious to him or her pursuant to Title 25.

5. Appointment of Non-Attorney Child and Family Investigator: A non-attorney child and family investigator may be appointed in a domestic relations case pursuant to § 14-10-116.5, C.R.S.. For appointment of an attorney child and family investigator, see applicable guidelines implemented through the Office of the Child’s Representative. The court shall enter an order for costs, fees, and disbursements against any or all of the parties. When a responsible party is indigent, the state will pay the non-attorney child and family investigator at the rates established in section IV, C. and IV, D. for the portion of authorized fees and expenses for which the indigent party is responsible.

6. Appointment of Court Visitor: A court visitor shall be appointed for a respondent pursuant to Title 15.

IV. Guidelines for Payment of Counsel, Guardians Ad Litem, Non-Attorney Child and Family Investigators, and Court Visitors

A The fees and costs associated with appointments described under this directive shall be paid by the Judicial Department as follows:

1. Fees and Expenses: Appointments may be made under contracts developed by the Judicial Department or on an hourly fee basis. Upon appointment of counsel or other appointee, court staff shall enter the appointment in the ICON computer system and complete the appointment on the CAC system for payment and tracking purposes. Claims for payment on hourly appointments shall be filed with the District Administrator in the respective judicial district on the Request and Authorization for Payment of Fees, JDF207. Claims for payment on contract appointments shall be filed with the State Court Administrator’s Office in the format required by that office. All requests for hourly payment must be in compliance with Guidelines for Payment of Court-Appointed Counsel, Guardians ad Litem, Non-Attorney Child and Family Investigators and Court Visitors Paid by the Judicial Department for Itemized Fees and Expenses on an Hourly Basis (Attachment D) and shall follow the Court Appointees and Investigators Procedures for Payment of Fees and Expenses (Attachment E). All payment requests shall be reviewed by the District Administrator or his/her designee, to ensure that all charges are appropriate and in compliance with this directive and applicable fiscal policies and procedures, before authorizing the request. The Office of the State Court Administrator may review, verify, and revise, when appropriate, authorizations for payment. All incomplete claims will be returned to the attorney or other appointee with instructions regarding the additional information needed to process the payment.

2. Court Costs, Expert Witness Fees and Investigator Fees: Costs incurred by counsel shall be pre-approved and paid by the appointing court. Court costs include such items as: expert and standard witness fees and expenses, service of process, language interpreter fees, mental health examinations, transcripts, and discovery costs. Payment of all court costs shall be in accordance with applicable statutes, Chief Justice Directives/Orders, and other policies and procedures of the Judicial Department, including the Mandated Costs chapter of the Judicial Department’s Fiscal Policies and Procedures manual. A motion requesting authorization to hire an investigator, to pay court costs, or for expert witness fees shall be submitted to the court. The court shall authorize such appointments or payments as the judge or magistrate deems necessary, and shall issue an order authorizing the amount of the costs, fees and expenses that may be incurred under this section. For maximum rates for payment of expert witnesses, see CJD 87-01. Out-of-state investigation travel expenses incurred by the appointee shall be submitted to the court using form JDF207 with the appropriate travel receipts attached.

B. The Department contracts with individual attorneys for court-appointed representation on a state fiscal-year basis (July 1 through June 30) at rates established by the Department. Claims for payment by attorneys for appointments made under contract shall be made in compliance with the procedures specified in the contract. Claims for payment not covered by contracts with the Department shall follow the procedures described in Attachment E.

C. For appointments that are not made under a contractual agreement, the following maximum hourly rates paid are established by Chief Justice Directive and/or Chief Justice Order (no payment shall be authorized for hourly rates in excess of these scheduled rates):

MAXIMUM HOURLY RATE

In court/Out of court

Court-appointed Counsel and Guardian ad Litem
$55.00/ 45.00 per hour
(07/01/03)*
$57.00/ 57.00 per hour
(07/01/06)*

Non-Attorney Child and Family Investigator
$20 per hour

Paralegal, Legal Assistant, or Law Clerk
$20 per hour (07/01/03)*
$25 per hour (07/01/06)*

Court-authorized Investigator
$25 per hour (07/01/03)*
$33 per hour (07/01/06)*

Court Visitor
$25 per hour

*for work performed on or after date indicated

D. Maximum total fees, established July, 1 2006, that may be paid by the Department for court-appointed counsel, guardians ad litem, non-attorney child and family investigators, or court visitors are as follows:

MAXIMUM TOTAL FEE PER APPOINTMENT

Title 19—Dependency and Neglect Matters
Respondent Parent Counsel: $2,500.00
Non-Attorney Child and Family Investigator: $1,000.00
(not adjusted due to no rate increase here yet)

Title 19—Other Matters (i.e. delinquency GAL, support, adoption, paternity, etc.)
Non-Attorney Child and Family Investigator: $ 500.00
(not adjusted due to no rate increase here yet)

Titles 14 and 15
Counsel (probate only): $2,500.00
Guardian ad Litem: $2,500.00
Non-Attorney Child and Family Investigator: $1,000.00
(not adjusted due to no rate increase here yet)

Court Visitor: $500.00
(not adjusted due to no rate increase here yet)

Titles 22, 25, and 27
Counsel: $625.00
Guardian ad Litem: $625.00

Appeals
Counsel and Guardian ad Litem: $2,500.00
Non-Attorney Child and Family Investigator" $1,000.00
(not adjusted due to no rate increase here yet)

E. Under no circumstances shall the total fees exceed the maximums outlined without a detailed written motion and detailed written order showing the specific special circumstances that justify fees in excess of the maximum (see guidelines in Attachment D, paragraph B). If a court-appointed attorney chooses to use the support of a paralegal, legal assistant, investigator, or law clerk, the combined fees, inclusive of expenses, of the attorney or non-attorney representative and other support staff shall not exceed the total maximum outlined.

F. To maintain effective representation by court-appointed counsel and to provide basic fairness to attorneys and others so appointed, the State Court Administrator is directed by the Chief Justice to review the fee schedule established in this CJD and/or Chief justice Order for court-appointed counsel every three years, commencing in the year 2000. The report is due to the Colorado Supreme Court on or before August 1 of that year, and every third year thereafter, with recommended adjustments to the fee schedule, if applicable.

G. Appointees shall maintain records of all work performed relating to court appointments and make all such records available to the Judicial Department for inspection, audit, and evaluation in such form and manner as the Department in its discretion may require, subject to any applicable attorney/client privilege.

V. Reimbursement to the State for Court-Appointed Costs

For all appointments described, the court shall review the indigency status of the responsible party or estate at the time of appointment and, if feasible, at the time of case closure. In the case of a court visitor appointment, the petitioner and/or the respondent may be ordered to pay all or a portion of the visitor’s fees and expenses if they are not determined to be indigent. If the court determines, at any time before or after appointment of counsel, guardian ad litem, non-attorney child and family investigator or court visitor, that the responsible party(ies) or estate has the ability to pay all or part of the costs for representation or other costs, the court shall enter a written order that the person(s) or estate reimburse all or part of said costs. Such order shall constitute a final judgment including costs of collection and may be collected by the state in any manner authorized by law.

Collections of fees and costs related to court-appointed representation and other costs may be referred to the Collections Investigator, a private collector with whom the Judicial Department has contracted, or to the Central Collections Service in the State Department of Personnel and Administration.

Costs for representation provided may be assessed against the responsible party(ies) at the fixed hourly rate for state-funded private counsel, at the state-funded counsel contract rate, or at the hourly cost of providing legal representation for the number of hours reported by counsel to the court. Other costs incurred may also be assessed, including, for example, costs for transcripts, witness fees and expenses, language interpreter fees, and costs for service of process. In addition, the responsible party(ies) may be required to pay costs of collection. Costs incurred for accommodations required under the Americans with Disabilities Act, such as sign language interpreter fees, may not be assessed.

SECTIONS VI and VII APPLY ONLY TO GUARDIANS AD LITEM AND COURT VISITORS APPOINTED ON BEHALF OF WARDS OR IMPAIRED ADULTS, AND DO NOT APPLY TO APPOINTMENT OF LEGAL COUNSEL.

VI. Training of Guardians ad Litem and Court Visitors Appointed on Behalf of Wards or Impaired Adults

A. Attorneys appointed as a guardian ad litem shall possess the knowledge, expertise, and training necessary to perform the court appointment, and shall be subject to all of the rules and standards of the legal profession.

B. In addition, the guardian ad litem shall obtain 10 hours of continuing legal education, or other courses relevant to an appointment that enhance the attorney’s knowledge of the issues in representation, per legal education reporting period. The court shall require that proof of such education, expertise, or experience be on file with the court at the time of appointment.

C. In those cases in which a non-attorney is appointed as a court visitor, the non-attorney shall also demonstrate the knowledge, expertise, and training necessary to fulfill the terms of the appointment. The court may determine whether the individual’s knowledge, expertise, and training are adequate for an appointment, and may require the individual to demonstrate his or her qualifications.

VII. Duties of Guardians ad Litem and Court Visitors Appointed on Behalf of Wards or Impaired Adults:

A. The individual appointed shall diligently take steps that he or she deems necessary to protect the interest of the person for whom he or she was appointed, under the terms and conditions of the order of appointment, including any specific duties set forth in that or any subsequent order. If the appointee finds it necessary and in the best interests of the ward or impaired adult, the appointee may request that the court expand the terms of the appointment and scope of the duties.

B. Persons appointed shall perform all duties as directed by the court, which may include some or all of the duties described:

1. Attend all court hearings and provide accurate and current information directly to the court. (Although another qualified attorney may substitute for some hearings, this should be the exception.)

2. At the court’s direction and in compliance with applicable statutes, file written or oral report(s) with the court and all other parties.

3. Conduct an independent investigation in a timely manner, which shall include, at a minimum:

a) Personally meeting with and observing the client as well as proposed custodians when appropriate;

b) Reviewing court files and relevant records, reports, and documents;

In cases in which the ward or impaired person is living or placed more than 100 miles outside of the jurisdiction of the court, the requirements to personally meet with and interview the person are waived unless extraordinary circumstances warrant the expenditure of state funds required for such visits. However, the appointee shall endeavor to meet the person if and when that person is within 100 miles of the jurisdiction of the court.

VIII. Duties of Judges and Magistrates

A. The appointing judge or magistrate shall monitor the actions of the appointee to ensure compliance with the duties and scope specified in the order of appointment.

B. Judges and magistrates shall ensure that guardians ad litem and court visitors involved with cases under their jurisdiction are representing the best interests of adult wards or impaired adults and performing the duties specified in this order. In providing this oversight, judges and magistrates shall:

1. Routinely monitor compliance with this directive;

2. Encourage local bar associations to develop and implement mentor programs which will enable prospective guardians ad litem and court visitors to learn these areas of the law;

3. Meet with guardians ad litem and court visitors at the first appointment to provide guidance and clarify the expectations of the court;

4. Hold periodic meetings with all practicing guardians ad litem and court visitors, as the court deems necessary to ensure adequate representation of wards or impaired adults.

IX. Complaints

A. All written complaints and documentation of verbal complaints regarding the performance of any state paid counsel, guardian ad litem, non-attorney child and family investigator or court visitors appointed pursuant to this directive shall be submitted to the district administrator. The district administrator will forward the complaint to the presiding judge or, if appropriate, the chief judge of the district unless a conflict exists due to the judge’s involvement in a pending case. If a conflict exists, the district administrator will forward the complaint to another judge designated for that purpose.

B. If the complaint involves an attorney and the reviewing judge or district administrator determines that the person may have violated the Colorado Rules of Professional Conduct, the information shall be filed with the Colorado Supreme Court Office of Attorney Regulation Counsel. The Regulation Counsel shall advise the reporting judge or district administrator and the State Court Administrator of the final outcome of the investigation.

C. Copies of all written complaints and documentation of verbal complaints regarding state paid counsel, guardians ad litem, non-attorney child and family investigators, and court visitors shall be forwarded by the district administrator to the State Court Administrator’s Office. The State Court Administer may investigate a complaint and take action he believes is necessary to resolve any concerns or issues raised by the complaint. Such action may include terminating the contract with the attorney, GAL, non-attorney child and family investigator or court visitor.

X. Sanctions

A. All contracts with the Judicial Department for appointments addressed in this Chief Justice Directive shall include a provision requiring compliance with this Chief Justice Directive. Failure to comply with this Directive may result in termination of the contract and/or removal from the appointment list.

B. Judges and magistrates shall notify appointees that acceptance of the appointment requires compliance with this Directive, and that failure to comply may result in termination of the current appointment and/or removal from the appointment list.

Effective May 1, 2004, CJD 97-02 was REPEALED and REPLACED by CJD 04-05 and CJD 04-06 (Court Appointments through the Office of the Child’s Representative).

CJD 04-05 is revised and adopted effective July 1, 2006.

Done at Denver, Colorado this 29th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

_____________________________

Chief Justice Directive 04-06
Court Appointments Through the Office of the Child’s Representative
Dated June 30, 2006

The following policy is adopted to assist the administration of justice through the best interest appointment and training of Guardians ad Litem (GALs), attorney Child and Family Investigators and Child’s Representatives appointed on behalf of minors/children (under age 18). Non-attorney Child and Family Investigators, adult GAL appointments and any other juvenile attorney client appointments fall under the provisions of Chief Justice Directive 04-05.

I. Authorities

A. Article 91 of Title 13 established the Office of the Child’s Representative (OCR) and the various statutory requirements of the Office.

B. The Chief Justice Order concerning the "Rules Governing the Creation, Appointment, Terms and Procedure for the Office of the Child’s Representative" (revised October 1, 2003) established that the OCR shall be responsible for the following:

• Provision of Guardian ad Litem (GAL) services in dependency and neglect proceedings under Title 19.

• Provision of GAL services for a respondent parent in dependency and neglect proceedings under Title 19 when that parent is a minor.

• Provision of GAL services in delinquency matters under Title 19.

• Provision of GAL services in adoption proceedings under Title 19 when one or more parties qualify as indigent.

• Provision of GAL services for a child charged or prosecuted as an adult pursuant to Section 19-2-517, 6 C.R.S. (2003) or Section 19-2-518, 6 C.R.S. (2003).

• Provision of GAL services in paternity and support matters brought under Title 19 when one or more parties qualify as indigent.

• Provision of GAL services to minors in alcohol or drug abuse proceedings under Title 25.

• Provision of GAL services to minors in mental health proceedings under Title 27.

• Provision of GAL services to minors in probate proceedings under Title 15 when the parties are indigent.

• Provision of GAL services to minors involved in truancy proceedings under Titles 19 and 22.

• Provision of Child’s Representative and attorney Child and Family Investigator services in Domestic Relations cases under Title 14, when one or more parties qualify as indigent.

• Provision of services in any other GAL, attorney Child and Family Investigator or Child’s Representative appointments where authorized, by statute or inherent authority, to act in or represent the best interest of a minor.

C. State funds are appropriated to the OCR to fund all statutorily authorized appointments, costs associated therewith and the various responsibilities that fall under the purview of that office pursuant to Section 13-91-102(2), 5 C.R.S. (2003).

II. OCR Authority and Responsibilities

A. Prior to the creation of the OCR, the State Court Administrator’s Office, through judicial officers and district administrators, had the responsibility and authority to contract with and oversee the GAL, Child’s Representative and attorney Child and Family Investigator services delineated in Section I.B. With the creation of the OCR, the Colorado legislature effectively transferred all responsibilities and authority relating to said contracting from the Judicial Department to the OCR. The legislature also made the OCR responsible for overseeing and enhancing attorney services. The OCR’s authority and responsibilities include, but are not limited to: ensure and enhance competent representation of children in a cost effective manner, which includes training and monitoring of services rendered; the exclusive authority and discretion to select and contract with attorneys to provide state-paid GAL, Child’s Representative and attorney Child and Family Investigator services, including the authority to reject attorneys for any reason; the authority to terminate, at will, contracts and existing court appointments as determined by the OCR; and the responsibility to provide oversight and accountability for the state-paid GAL, Child’s Representative and attorney Child and Family Investigator services for the benefit of Colorado’s children, including investigation and resolution of complaints regarding attorneys who contract with the OCR.

B. The OCR shall maintain and provide to the courts, on an ongoing basis, a list of qualified attorneys to whom appointments may be given. The courts shall appoint from this list. It is within OCR’s sole discretion to determine which attorneys are placed on the appointment list. A court is not required to use all attorneys on the list but only those it chooses to appoint. It should be noted that the OCR will not process payment for services of attorneys with whom the OCR does not have a contract and who are not on the OCR list. Should any unusual, exceptional or emergency circumstances present the need for the appointment of an attorney not listed as an OCR qualified attorney, the court shall contact the OCR for approval prior to the appointment of that attorney. The OCR shall provide a prompt response to the court’s request.

III. Authority and Requirement for Appointments of GALs, Attorney child and family investigators and Child’s Representatives Through the OCR

A. A GAL shall be appointed for a child in a dependency and neglect action pursuant to Title 19. The GAL’s appointment shall continue until the entry of a final decree of adoption or until the jurisdiction of the juvenile court is terminated either by operation of law or by court order.

B. Pursuant to Title 19, a GAL may be appointed in a delinquency proceeding if: no parent, guardian or other adult set forth in Section 19-1-111(2)(a), 6 C.R.S. (2003) appears at the first or subsequent hearing; the Court finds a conflict of interest between the child and the parent, guardian or other adult set forth in Section 19-1-111(2)(a), 6 C.R.S. (2003); or the Court finds that a GAL appointment will serve the best interests of a child. Such appointment shall continue if a case is transferred to adult criminal court under Title 19.

C. Pursuant to Title 19, the court, in its discretion, may appoint a GAL in any direct file of charges against a juvenile in adult criminal court.

D. Pursuant to Title 19, a GAL may be appointed, unless the child is already represented by defense counsel, in truancy proceedings under Title 22. Pursuant to Title 19, a court may appoint both counsel and a GAL for the child if the court finds that such appointment is in the best interests of the child.

E. A Child’s Representative or attorney child and family investigator may be appointed in a parental responsibility case pursuant to Title 14.

F. A GAL may be appointed for a minor in formal proceedings involving guardianship or conservatorship of a minor; trusts or estates of decedents, minors and protected persons; and in judicially supervised settlements pursuant to Title 15 if the court determines that a need for such representation exists.

G. A GAL shall be appointed in a mental health proceeding pursuant to Title 27 for any child under age 15 who is a ward of the Department of Human Services or for any minor under 15 who objects to his or her hospitalization.

H. If necessary to serve a child’s best interest, a GAL may be appointed for an infant or other minor who does not have a representative and who is a party to a civil suit.

I. A GAL may be appointed for a child in a paternity action pursuant to Title 19.

J. A GAL may be appointed for a minor upon the filing of a petition for involuntary commitment of alcoholics or drug abusers if the court deems the minor’s presence in court may be injurious to him or her pursuant to Title 25.

K. Pursuant to Title 19, a GAL for a minor may be appointed in an adoption proceeding. Pursuant to Title 19, a GAL for a minor may also be appointed in a proceeding concerning the relinquishment of the minor if the court finds that there is a conflict of interest between the child and the parents, guardian or legal custodian; the court finds that such appointment would be in the best interests of the child; or the court determines that the child is twelve years of age or older and that the welfare of the child mandates the appointment.

L. Pursuant to Title 12, a GAL may be appointed for a minor under the judicial bypass provisions of the Colorado Parental Notification Act pursuant to C.R.S. § 12-37.5-107(2)(b) and Chapter 23.5 of the Colorado Rules of Civil Procedure ("Rules of Procedure for Judicial Bypass of Parental Notification Requirements").

IV. Allocation of Cost and Guidelines for Payment by the OCR

A. Allocation of Costs—Requirement of Indigency Finding

1. An indigency determination is not required for state payment of GAL services in matters other than the specific cases listed in paragraphs a through d below.

a. The State, through the OCR, shall bear the costs for the services of an attorney child and family investigator or Child’s Representative appointed pursuant to § 14-10-116.5 or § 14-10-116, C.R.S. (2005), respectively, only if one or more of the parties responsible for the costs are deemed to be indigent. The State is precluded from paying for services and any costs associated with services for non-indigent parties under § 14-10-116.5 or § 14-10-116, C.R.S. (2005), respectively, which specify that the parties are responsible for all costs unless there is a specific finding of indigency.

b. The State, through the OCR, shall bear the costs for GAL services in Paternity and support matters under Article 4 of Title 19 only if one or more of the parties responsible for the costs are deemed to be indigent. The State is precluded from paying for services and any costs associated with services for non-indigent parties under Section 19-4-117, 6 C.R.S. (2003), which specifies that the Court shall order reasonable fees of the GAL to be paid by the parties.

c. The State, through the OCR, shall bear the costs for GAL services in adoption and relinquishment proceedings only when the party(ies) responsible for the costs is deemed to be indigent. The State is precluded from paying for services and any costs associated with GAL services for non-indigent parties under Section 19-5-103, 6 C.R.S., which specifies that the Court shall order reasonable fees to be paid by the relinquishing parent(s).

d. The State, through the OCR, shall bear the costs for GAL services provided to a minor under Title 15 (probate, guardianship and conservatorship) and other civil cases only when the parti(es) ordered to be responsible for the costs or the minor’s estate is deemed to be indigent.

2. When indigency is required for court-appointed representation at state expense, the responsible party(ies) must complete, or have completed on their behalf, application form JDF208 (Application for Court-Appointed Counsel or GAL) signed under oath, before an appointment may be considered. An indigent person is one whose financial circumstances fall within the fiscal standards set forth by the Supreme Court through Chief Justice Directive (See Attachment A). A court shall not order representation to be at state expense absent the completion of form JDF208, a finding of indigency and an order of the court. If one party is indigent, the State, through the OCR, will pay half of the state-set hourly rate.

B. Guidelines for Payment by the OCR

1. Claims for payment of appointee fees and expenses shall be submitted by the appointee directly to the OCR, not the appointing court, in accordance with the OCR’s policies and procedures.

2. Maximum total fees per appointment for OCR appointments and procedures for approval of excess fees shall be as set forth by the OCR.

3. Attorneys shall maintain records of all work performed relating to court appointments and make all such records available to the OCR and/or court for inspection, audit and evaluation in such form and manner as the OCR or court may require, subject to the attorney/client privilege.

V. Duties of Attorneys Appointed as GALs, Attorney Child and Family Investigators or Child’s Representatives

A. Training

1. Attorneys appointed as GALs, attorney child and family investigators or Child’s Representatives shall possess the knowledge, expertise and training necessary to perform the court appointment.

2. In addition, GALs, attorney child and family investigators and Child’s Representatives shall obtain 10 hours of the required continuing legal education courses or any other modified training requirements established by subsequent Chief Justice Directive practice standards, rule or statute, which are relevant to the appointment and that enhance the attorney’s knowledge of the issues in best interest representation. These requirements should be met prior to attorney’s first appointment and per legal education reporting period. The attorney shall provide the OCR with proof of compliance with this requirement with his/her application to provide attorney services or contract renewal for the OCR.

B. All attorneys appointed as a GAL or Child’s Representative shall be subject to all of the rules and standards of the legal profession, including the additional responsibilities set forth by Colorado Rule of Professional Conduct 1.14.

C. The attorney appointed shall diligently take steps that s/he deems necessary to protect the interest of the person whom s/he was appointed to represent, under the terms and conditions of the order of appointment, including any specific duties set forth in that or any subsequent order. If the appointee finds it necessary and in the best interests of the child(ren), the appointee may request that the court expand the terms of the appointment and scope of the duties.

D. A GAL in a dependency and neglect case shall specifically:

1. Attend all court hearings and provide accurate and current information directly to the court. (In exceptional circumstances another qualified attorney who has sufficient knowledge of the issues and status of the case may substitute for some hearings, with permission of the court.).

2. At the court’s direction and in compliance with Section 19-3-606(1), 6 C.R.S. (2003), file written or oral report(s) with the court and all other parties.

3. Take actions within the scope of his or her statutory authority and ethical obligations necessary to represent the best interests of the child.

Commentary: The GAL has the right to and should actively participate and be included in all aspects of litigation including but not limited to discovery, motions practice, settlement negotiations, court appearances, jury selection, presentation of evidence and appeals, except as limited by applicable law.

4. Conduct an independent investigation in a timely manner which shall include at a minimum:

a. Personally interviewing the child (if age-appropriate) and meeting with and observing the child in his or her placement as soon as is reasonable, but, in no event, later than 30 days following the GAL’s appointment;

b. Personally meeting with and observe the child(ren)’s interaction with the parents, proposed custodians or foster parents including kinship care providers;

Commentary: The GAL shall meet with the foster parent, kinship care provider or other custodian who is providing ongoing care for the child and observe the child in that home. This requirement neither mandates nor is fulfilled by a GAL’s meeting with the care provider(s) and observing the child(ren) in a temporary intake placement service, respite care or juvenile detention holding facility, unless that is the only opportunity to observe the child(ren).

c. Reviewing court files and relevant records, reports and documents;

d. Interviewing, with the consent of counsel, respondent parents;

e. Interviewing other people involved in the child’s life, including: foster parents; caseworkers; CASA volunteers; relatives; and school personnel, therapists and any other persons or professionals necessary to assess and serve the child’s best interests.

f. Confirm that the county department’s investigation has included a search for any prospective kinship, placement and/or adoption or potential tribal affiliation, or personally conduct such investigation, in case attempts to reunify fail. This part of the investigation should be conducted in the initial stages of the case.

g. When appropriate, visiting the home from which the child was removed.

Commentary on items 4a–g: The initial investigation sets the groundwork for the entire Dependency and Neglect case, and an effective initial investigation is critical to serving a child’s best interest and advancing permanency for a child. An effective initial investigation allows the GAL to make recommendations early on in a case that will: implement services that will advance the goals of the case and the best interests of the child(ren) with the least delay possible; reduce the risk of harm that involvement in the Dependency and Neglect system may present to the well being of the child(ren); reduce the risk of disruption in the child’s placement and potential harm from the child from such disruption; and preserve relationships significant to the child(ren), such as sibling relationships. Hence, it is expected that the initial duties described in this subsection shall be completed within 45 days of the GAL’s appointment, with the exception of the in placement interview/observation, which shall occur within 30 days. Duties (e) and(f) may be performed, under the supervision of the appointee, by a qualified person other than the appointee.

5. Continue to perform an ongoing investigation as is necessary to represent the best interest of the child for the duration of the case unless relieved of such duty by the court. Said investigation shall include, but shall not be limited to:

a. If the child’s placement is changed, the GAL shall personally meet with and observe the child in each new home or placement of the child, as soon as is practicable after the child’s entry into the placement.

Commentary: Continuing contact and ongoing investigation constitute important components of the GAL’s role. Additionally, because each disruption in the child(ren)’s placement presents new risks of harm and is potentially detrimental to the child(ren)’s emotional and psychological well being, it is critical that the GAL meet with and observe the child(ren) in each new placement to assess the appropriateness, risks and potential permanency of that placement, as part of the GAL’s ongoing investigation. This in-placement meeting/observation shall ideally occur no later than 30 days after the child’s entry into the new placement. When circumstances make it impracticable for a GAL to visit a child within 30 days of a child’s entry into a new placement, the GAL may send a properly trained representative to visit the child in the placement within thirty days of the placement, the GAL to follow up with a visit within a reasonable time thereafter.

b. Maintaining contact and ongoing communication with the child, foster parents, caseworker, CASA and any other parties, persons or professionals necessary to ensure that the child’s best interest are continually met;

c. Other applicable duties listed above in (V)(C)(3).

6. In cases in which the parents or child are living or placed more than 100 miles outside of the jurisdiction of the court, the requirements to personally meet with and interview the person or child are waived. However, to the extent possible, the appointee shall endeavor to see the child in his or her extended placement and the OCR will pay reasonable costs associated with meeting these obligations.

7. All GALs paid by the state shall submit a standard affidavit of compliance to the OCR by May 30 of each year for appointments made in the previous contract year. For any cases in which the attorney has not complied with the above requirements, a standard exception form shall be attached to the affidavit. The standard affidavit of compliance and exception form shall be developed by the OCR and made available to all GALs and child and family investigators. The current form is shown in Attachment B.

E. An individual appointed as an attorney child and family investigator pursuant to Section 14-10-116.5, C.R.S. (2005), is an investigative arm of the court and shall follow the specific terms of the order of appointment, which will include the filing of a written report with the court, but may not include all of the other duties described in paragraph V.B. The attorney child and family investigator is subject to Chief Justice Directive 04-08, child and family investigator Standards, as well as other existing or subsequent Chief Justice Directives or standards.

F. An attorney appointed as a GAL or Child’s Representative in all other proceedings, including juvenile delinquency, parental responsibility, paternity, relinquishment, probate, mental health and truancy cases, shall perform all duties as directed by the court, as set forth by statute and as required by the Rules of Professional Conduct which may include some or all of the duties described in paragraph V.B.

VI. Duties of Judges and Magistrates

A. Judges and magistrates shall ensure that GALs, attorney child and family investigators and Child’s Representatives involved with cases under their jurisdiction are representing the best interests of children/minors.

B. In providing this oversight, judges and magistrates shall:

1. Routinely monitor compliance with this directive and promptly notify the OCR of failures of GALs, Attorney child and family investigators and Child’s Representatives to comply with this Directive and other Chief Justice Directives in existence or subsequently adopted, including CJD 04-08, Child and Family Investigator Standards.(See complaint and notice procedure set forth in footnote 1 under VII.B.);

Commentary: Children represented by counsel in dependency and neglect and other proceedings in which best interests representation has been deemed necessary are possibly the most vulnerable clients represented in the legal profession. Moreover, children tend not to appear in court regularly and may not otherwise be able to express concerns and problems that they are experiencing with their legal representation. For these reasons, judges should take an active role in the monitoring of the attorneys who represent the best interests of children. Often the judge is the only individual in the position to become aware of less than adequate representation or non-compliance with this directive. Judges should consider such practices as inquiring at each court date as to the last contact that the GAL has had with the subject child, as well as asking any other questions a judge believes is necessary and appropriate to ensure that the child is receiving quality representation.

2. Provide guidance and clarify the expectations of the court concerning GALs, attorney child and family investigators or Child’s Representatives upon their appointment, throughout the proceedings and through other appropriate mechanisms;

3. Hold periodic meetings with all practicing GALs, attorney child and family investigators or Child’s Representatives as the court deems necessary to ensure adequate representation of children or minor wards; and

4. Hold GALs and Child’s Representatives to the same standards and expectations imposed on every attorney by the Colorado Rules of Professional Conduct who is licensed to practice law in Colorado and report any violations of the rules of professional conduct. Any report should also include notice to the OCR of such report or concern so that the OCR may use this information to protect existing or other children from inadequate representation.

C. Implement procedures and practices necessary to enable attorneys’ compliance with this directive.

Commentary: Examples of procedures and practices enabling attorneys’ compliance with this directive include entering orders authorizing the GAL access to all relevant information and scheduling hearings on dates on which a GAL is available.

VII. Procedures for Complaints Against Attorneys Providing GAL, Attorney Child and Family Investigator and Child’s Representative Representation through Contracts with the Office of the Child’s Representative.

A. For all court-appointed GALs, attorney child and family investigators and Child’s Representatives, complaints concerning alleged violations of the Colorado Rules of Professional Conduct shall be filed with the Colorado Supreme Court Office of Attorney Regulation Counsel and reported, if possible, to the OCR so that OCR may be able to consider this information when deciding whether to continue to contract with the attorney, either at the time of the complaint or in the future.

B. All complaints regarding the performance of any state-paid GAL, attorney child and family investigator or Child’s Representative who contracts with the OCR shall be submitted to the OCR in writing, unless the complainant is a judicial officer or court staff.1 The OCR shall investigate the matter and take the action that it believes is necessary to resolve any concerns or issues raised by the complaint. Such action may include, but is not limited to: placing the subject attorney on probationary status with regard to his or her contract with the OCR; suspending or terminating the attorney’s contract with the OCR; terminate the attorney’s appointment on an active case;2 and/or taking remedial action to improve the quality of the attorney’s representation of children. At the conclusion of the investigation, the OCR shall issue a written report of its action to the subject attorney, the complainant and other parties determined by the OCR to be in need of the complaint information, and the OCR may redact the written report to protect the confidentiality of persons when the OCR deems such redaction advisable. This paragraph does not preclude OCR’s authority to terminate a contract at will.

C. The OCR is required to report any violations of the Colorado Rules of Professional Conduct that it becomes aware of during its investigation of a complaint to the Colorado Supreme Court Office of Attorney Regulation Counsel.

VIII. Sanctions

A. All contracts with the OCR for appointments addressed in this Chief Justice Directive shall include a provision requiring compliance with this Chief Justice Directive. Failure to comply with this Directive may result in OCR terminating the contract, removing the attorney from the OCR appointment list, and terminating the appointment.

B. Judges and magistrates shall notify appointees that acceptance of the appointment requires compliance with this Directive, and that failure to comply will result in timely notification to the OCR and may result as set forth above in VIII A.

Effective May 1, 2004, CJD 97-02 is REPEALED and REPLACED by this CJD 04-06 and CJD 04-05.*

CJD 04-06 is revised and adopted effective July 1, 2006.

Done at Denver, Colorado this 30th day of June 2006

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

______

1. If an issue arises concerning an attorney’s ability to competently or adequately represent a child in any particular case, the court shall immediately contact the OCR. The OCR must respond forthwith, giving immediate consideration and resolution regarding the complaint, which may include termination of contract, removal from the case at issue, and/or removal from the OCR approved list. In addressing the complaint, the OCR will give serious consideration to the judicial officer’s recommendations as to how the termination of an appointment or any other action taken by the OCR may impact the best interest of the child in the course of a particular case. This complaint process in no way interferes with the court’s inherent powers to impose sanctions, exercise its powers of contempt, and/or report any violations of the Rules of Professional Conduct to the Supreme Court Attorney Regulation Office.

2. The OCR will remove an attorney from an open case only under extenuating circumstances. With input from the court and only if warranted under the most exceptional circumstances, will the OCR consider removing an attorney from an existing and ongoing appointment. The OCR fully understands and appreciates the serious consequences that may result from removing an attorney from an existing case. It can disrupt the continuity of the case, interrupt and delay the court process, extend the length of the case and ultimately may not be in the best interests of the child. As such, only after serious consideration will the OCR remove an attorney from a case.

_____________________________

Chief Justice Directive 06-01
Directive Concerning Assessment of Court Fees and Costs
Dated June 6, 2006

I. Waiver of Court Fees for Public Entities.

a. Court Fees. All docketing fees and additional fees of clerks of court charged pursuant to § 13-32-104, (1)(b)–(k), C.R.S. shall be waived for the State of Colorado, all state agencies, institutions, and political subdivisions thereof. A "political subdivision" of the state means any governmental organization formed and operating under the laws of this state and includes every county; city and county; city; town; district, including any special district, school district, fire protection district, or improvement district; and authority, including any highway authority, regional transportation authority, or housing authority within this state.

b. Fees and Costs Excluded from Waiver. Jury fees, and the costs involved in preparing appeals, the record on appeal, or any transcript of evidence or testimony in the record shall be charged against the State of Colorado, all state agencies, institutions, and political subdivisions thereof at the rate set by statute, rule or order of the court.

II. Assessment of Fees and Costs for Retrieval of a Case File; Document Research and Redaction; Copies; Faxes; and Scanning.

a. Case File Retrieval. A fee may be charged for retrieval of a case file in order to recoup the costs of court employee time and resources spent to do the retrieval up to a maximum of $5.00 per case or per name if the file is on-site, or the actual cost of retrieving the case file if located off-site. Such fees shall be waived for litigants, counsel of record, victims, witnesses, and the media if the requested file concerns a case file located on-site and may be waived for an off-site retrieval if the request concerns an open and active case. Retrieval fees shall be waived for criminal justice agencies and persons determined to be indigent. Criminal justice agencies shall have the same definition as § 16-20.5-102(6), C.R.S.

b. Document Research and Redaction. If extensive review or research, including redaction of documents, is required to provide the information requested, a fee may be assessed at the rate of $25.00 per hour to recoup the costs of court employee time and resources.

c. Copies, Faxes, and Scanning.

i. Court Copies.

Filed papers. A fee of $ .75 per page ($1.50 if double-sided) may be charged for a copy of any document on file with the court.

Unfiled papers. A fee of $ .25 per page ($ .50 if double-sided) may be charged for a copy of documents which are not official records from the court file.

ii. Self Service Copies. A fee of $ .25 per page may be charged for copies made on a coin-operated copy machine.

iii. Faxes. A fee of $1.00 per page may be charged for both incoming and outgoing faxes, unless the fax is requested by the court in which case the fee shall be waived.

iv. Scanning. A fee of $50.00 per document may be charged for scanning pursuant to CRCP 121, 1-26, paragraph 13. This fee is charged when papers are filed in a Court where e-filing is mandatory.

CJD 96-01 and CJD 85-21 are now repealed.

Done at Denver, Colorado this 6th day of June 2006.

By the Court:

Mary J. Mullarkey, Chief Justice
Colorado Supreme Court

© 2006 The Colorado Lawyer and Colorado Bar Association. All Rights Reserved. Material from The Colorado Lawyer provided via this World Wide Web server is protected by the copyright laws of the United States and may not be reproduced in any way or medium without permission. This material also is subject to the disclaimers at http://www.cobar.org/tcl/disclaimer.cfm?year=2006.


Back