At the pace felony jury trials are currently happening in Adams and Broomfield counties, it would take seven years for the courts to get through just the trials scheduled in the next six months. The backlog is really overwhelming to the system right now, and it impacts the rights of defendants, and it impacts the rights of victims, and it certainly impacts the ability of the system from judges to prosecutors to defense attorneys to keep up, Mason said. Its been really, really difficult Asking a lawyer to prepare for four or more trials on the same day, its unrealistic to think that each of those trials is getting the attention, investigation and preparation it deserves.. Statewide, the number of cases awaiting jury trials dropped from about 14,600 in 2021 to 11,200 earlier this month, said Rob McCallum, a spokesman for the Colorado Judicial Department. The uncertainty is going to make the first quarter 2021 very interesting, and perhaps the first half of 2021. Those conversations have been extremely productive. truly feel the pressure necessary to settle. Thats longer than other recent years: in 2018, felony cases lasted an average 148 days, and in 2021, about 121 days. However, McCann insists the lighter plea bargains have not been offered on any of the serious, violent crimes involving victims. Banking, Lending & Financial Institutions, Securities Litigation & Enforcement Defense. Also, the increase in discovery the increase of body camera information and other social media information is happening in every case. He noted that he hopes for legislation that will alleviate any possible burden placed on prosecutors from the court closures ordered by Colorado's chief judge. In a normal year, the office typically sees an excess of 100 to 200 felony cases when comparing newly-filed cases with resolved cases, he said. biggest worry is that prosecutors across the state are going to struggle to meet defendants speedy trial requirements because of the steep backlog of cases. Supreme Court Court of Appeals. Domestic relations and family law cases, which constitutionally take precedence, will also be made a priority, he added. . Nicole Westbrook is an attorney with Jones & Keller in Denver. showing up for work. District Courts hear civil cases in any amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases. Id like to believe that weve taken every step possible to eliminate that risk, but when it comes to the coronavirus, I dont think anybody could say that theyre 100% foolproof., Balancing speedy trial rights with public health concerns. All Rights Reserved. Gorman disagrees with the notion that there is a large backlog of jury cases, pointing out that in most cases, trials are set but that 90% resolve without a trial. She said that ultimately prosecutors have the power to prioritize which cases move forward. law. According to Boatright, more than 14,000 jury trials were awaiting their court date as of January. It is almost laughable how many trials have been reset to the first quarter 2021. In Denver District Court, there are about 447 criminal jury trials set in the next six months, and 344 of those are scheduled for April, May or June. The courts and the parties continue . The vast majority of cases are resolved through guilty pleas. conference space to manage frayed nerves and, at a minimum, be in Theyre trying to move forward as best they can, but its a tough proposition.. Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. Colorado State Archives does NOT have most divorce records for people who are alive and need their own divorce records to file for Social Security, claim child support, or prove their divorce in order to be re-married. Who makes the best hot chicken sandwich in Denver? However, statewide reports, like one from the Colorado Bureau of Investigations, show a rise in violent crime. Colorado faces a 20,000-applicant backlog in requests for rent help as federal eviction ban is extended The national eviction ban was extended to June 30, and that could calm some worries of Coloradans who have been waiting months for state rental assistance. Similarly, most mediation and arbitration are taking place via The mandate requires defendants who plead not guilty to have their case heard within six months. For Snyder, who oversees about 70 court staff in Pueblo, dealing with the pandemic for a year showed her that the backlogs challenges must be tackled one day at a time. He noted that about 10,200 of those trials are scheduled to happen in 2022, though some will be delayed or end in plea agreements instead. Who makes the best hot chicken sandwich in Denver? As the COVID-19 (Coronavirus) outbreak in Colorado develops, the Judicial Department is continually working to balance legitimate public health considerations with the necessity to maintain fair and effective administration of justice for citizens and communities in our state. Dougherty said that since his districts courts started conducting some proceedings via video, it has seen a decrease in the number of no shows. Typically, when a person misses a court appearance, a warrant is issued for their arrest. To help on the staffing side, state lawmakers are currently considering a bill that would make it easier for retired judges to return to the bench under the existing senior judge program. In conjunction,Colorado's courts had several hurdles to clear prior to restarting large, in-person proceedings, namely jury trials. High-profile cases, like that of Mark Redwine, have been declared a mistrial using this court decision, leaving families waiting for a new court date and for the process to start over again. We want to make sure that these people who are waiting for their trials can get their trials heard, but we also want to make sure we have the resources to conduct the trials, McCann said. Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. Colorados courts grapple with COVID-19 trial, Click to share on Facebook (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Twitter (Opens in new window), Get to know all 17 Denver mayor candidates , Colorados courts grapple with COVID-19 trial backlog that could take years to clear, Colorado courts face growing trial backlog due to COVID delays, Colorado courts catapulted online amid coronavirus pandemic, Colorado judge lets public defender off the hook for refusal to attend in-person trial during pandemic, Uneven response to coronavirus in Colorado courts leads to confusion, differing outcomes for defendants, Colorado public defenders clash with Larimer County judges over jury trials during pandemic, One Texas judge will decide fate of abortion pill used by millions of American women, Denver gang member gave 14-year-old permission to open fire on woman with AR-15 after fender-bender, DA alleges, Boulder King Soopers shooting suspect has schizophrenia, defense says, Colorado man sues after police use flash-bang near his head during SWAT-style traffic-stop, Denver just got a direct flight to this Caribbean island known for music history and vegetarian cooking, Multiple Colorado schools temporarily placed under secure status due to threats, Denver East High student dies more than two weeks after being shot outside school, Letters: Proposed age limit for gun ownership in Colorado doesn't make sense. In Pittsburgh, she helped the newspaper earn the 2019 Pulitzer Prize for breaking news after a mass shooting at a local synagogue, and in 2020 she was named a finalist for the Pulitzer Prize in local reporting for an investigation into child sexual abuse among Amish and Mennonite communities. Other states have suspended their speedy trial mandates in response to the pandemic. A creative way to deal with this delay is to agree with the opposing side and move the case to arbitration. . Gorman is also concerned with how to ensure that juror pools are selected fairly. But cases are moving forward again, attorneys said. technology-enabled formats are starting to work and become more The federal court buildings are still closed here in Colorado, but court is in session, running virtually on a Webex platform, including evidentiary hearings. and circuit by circuit. would be that the court system would return to near normal. Other states have suspended their speedy trial mandates in response to the pandemic. Other Courts. Please see our republishing guidelines for use of photos and graphics. One, the fact that our clients are being held in custody, in jails and prisons, during the global pandemic, which makes their chances of contracting coronavirus shoot through the roof, Gorman said. I think those are some lessons we can take with us after the pandemic that may actually improve the rate of appearance.. Chostnernoted that with plea deals and a lower population capacity in the Pueblo County Detention Center duringthe pandemic, many offenders that normally would serve jail or prison sentences often were backon Pueblo's streets sooner than they would have been in past years. "There are always more cases than can be tried, anda very large percentage of cases reach plea deals," he explained. challenges. House Bill 1309 would allow for a delay to the speedy trial process of up to three months for someone who is in pre-trial detention and up to six months for someone who is out on bond. As usual, Colorado Politics is on top of the need-to-know news in the bustling statehouse. The Colorado Department of Human Services says it has cleared a backlog of inmates who had to wait months in some cases for court-ordered mental health evaluations and treatments. approach rather than discussing settling. opposing side and move the case to arbitration. interesting, and perhaps the first half of 2021. You dont get that time back, Gorman said. The work has continued, its just slowed down, Sarche said. The court can currently hold about 24 felony and misdemeanor jury trials a month. quarter 2021. At the end of the day, it will be my sectorcomplex parents today hiring school teachers for their children, we can It is overwhelming, and weve had the judicial branch of our government come to the legislature here and ask for some relief, and they dont normally do that. With all of the cases waiting for trial, McCann says some things are falling through the cracks and others need to be prioritized. In March 2020, the world seemed to grind to a halt as government-issued pandemic restrictions limited social interactions. Throughout the pandemic, the courts have been introducing As most juries contain 6 or 12 jurors, depending on the type of court, plus alternate jurors, the practice was not an easy one to implement in a court room, there's only so much space to socially distance 12 or more people, and a crowd of several dozen jurors would be nearly impossible to seat with adequate distance. In the 17th Judicial District, Mason said he needs to hire more attorneys to address the backlog. Technology issues add a layer of It creative solutions to keep court proceedings moving forward. Contact Editor Quentin Young for questions: info@coloradonewsline.com. City and County) likewise announced that all jury trials would be In Pueblo's combined court system, there are over 50 such jury trials scheduled just through the end of July. sufficient pressure on both sides, though, one side may be willing But its difficult to tie the higher caseloads directly to COVID-related jury trial delays, Cain said, noting that the office also hasseen a marked increase in serious felony charges in the cases it takes on. "My attorneys, they're having anxiety attacks, migraines. We just dont know for how long.. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. If that continuance is granted, a second portion of the bill would require another bond hearing for the defendant with the presumption of release. The uncertainty is going to make the first quarter 2021 very (Moe Clark/Colorado Newsline). As courts face unprecedented trial backlog, Colorado lawmakers debate bill to help Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. Across the state, 93% of felony cases filed in 2018 have been closed, while only 80% of cases filed in 2020 and 60% of cases filed in 2021 have been closed, according to the data. As the world waited for a vaccine, jury trials were put on pause and thousands of defendants and victims were forced to wait to have their day in court. Its also been a challenge for the crime lab to have enough time to get all of the evidence evaluated and ready for each case. hire judges if both sides agree to rule on the case. Some are better at WebEx, some arent, said Raynes, referring to the video application that courts are using for remote court proceedings. Colorado judicial districts got the green light to resume criminal jury trials this week after the coronavirus shut down much of in-person court operations in, Im not a sky falling type of guy, but in a few months I think were going to see cases that have been delayed that are going to likely face dismissal, said. Home Courts. "The pros of that situation is that those cases got done much faster and are no longer in the courts. Courts are now outfitted with COVID-related precautions such as glass in front of counsel tables and sandwich baggies on microphones. In a letter sent . For Cooley, her concern, along with the backlog of cases courts . No one should have their individual rights subject to government administrative issues like backlog, she said. unusually quietnot a lot of people are there. . Legally, however, prosecutors are still bound to the six-monthguideline. 1675 Broadway But weighting would be based on factual scenarios or the claims made to With each trial delay, litigants are taking a wait and see Our chief judges have been amazing in how they have innovated and now have 16 modified courtrooms to allow these hearings that must be held in person to be as safe as possible "But then there are jury trials … I will give you a few numbers that demonstrate our plight. With cases piled up, it's hard to see how the The Colorado General Assembly passed legislation this year at the judicial branch's request, giving courts the limited ability to postpone trials beyond the legal speedy trial deadline. Will this get set, when its going to get set, how it will move forward? Tofte Nestaval said. Grand jury proceedings were also suspended. Or, similar to In a Sept. 18 order, U.S. Magistrate Judge Kathleen M. Tafoya observed that the curtailment of jury trials in Colorado Springs and the limited use of pilot trials in Denver's Arraj and Rogers . Michael Dougherty, the district attorney for the states 20th Judicial District, which encompases Boulder County. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. The bill now moves to the Senate for debate. That remains to be seen but the justice system has an obligation to move forward despite these challenges. jury call. DENVER Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. Some lawyers are inviting clients into their The majority of victims that we work with, what we typically hear is, Were used to delays, but wed like to know something thats predictable. One trial I had reset is now the fourth trial set for Even while the courts struggled to ease their process more sensitive cases first, followed by the money cases docket. My civil case load is backlogged. The average backlog increased to 1,274 in the last year, according to report, titled The Impacts of the COVID-19 Pandemic on State & Local Courts Study 2021. Not only lawyers but also judges are learning to work with the technology, and are becoming so familiar with the problem, participants are better equipped to work through in real time solutions that work vis a vis each of these platforms. The federal court buildings are still closed here in Colorado, Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. Benavidez says many of the people who are in pre-trial detention simply cannot afford their bonds and extending the amount of time they are in jail infringes on their rights. One District judge recently told me that a hierarchy Tamara Chuang 5:46 PM MDT on Mar 29, 2021 The District of Colorado has announced the The mandate requires defendants who plead not guilty to have their case heard within six months. If cases drag on too long, the reasons preventing both parties from moving forward creatively or with a settlement could fall away. It's hard to bring jurors into this scenario. I have not heard any other suggestions from anyone how else the courts can comply with the speedy trial statute., He added that judges are also willing to accept plea agreements they might not accept under normal circumstances.. We need people to If we get a vaccine around the beginning of the year, my hope would be that the court system would return to near normal. Appellate Courts. . Im not a sky falling type of guy, but in a few months I think were going to see cases that have been delayed that are going to likely face dismissal, said Michael Dougherty, the district attorney for the states 20th Judicial District, which encompases Boulder County. However, he agreed with the public defender that the backlog is a myth in Pueblo, as there are always cases that don't make it to jury trial. Webex has been upgraded to show Opinion: Colorado farms going fallow? Will any of them go? In Eagle, Summit, Clear Creek and Lake counties, Fifth Judicial District Attorney Heidi McCollum expects her district, which has been holding trials since the beginning of March, to be caught up on its backlog by about August. This means a personal injury case, especially one where someone was hurt or hospitalized or worse is likely to be given preference over commercial cases. "Inever noticed there were more jury trials than normal. The jury trial that attorney Jonathan Booker started last week was a long time coming. Instead, Colorado statute specifies that a speedy trial means six months. She said that her organization supports any efforts being made to increase the safety of jury cases but that health concerns need to be balanced with the defendants right to a speedy trial. This list of Divorce Records you can get at the State Archives outlines the counties and years we have divorce records. Some judges are sitting for hearings, including evidentiary hearings, and certain courtrooms have appeared to be ready to host a socially distant jury selection. Sarche stressed that while jury trials are required to take place in person, other court proceedings, such as motion hearings and case dispositions, have been taking place remotely. Water Courts Denver Juvenile Court Denver Probate Court. There are just too many variables to get a real clear idea of how long its going to take to get through cases on the criminal docket statewide, he said, adding that cases that require a speedy trial will be bumped to the top of the list. anxiety for clients and increase the difficulty for lawyers in Opinion: Colorado farms going fallow? clients. For the May trial of accused STEM school shooter Devon Erickson, officials in the 18th Judicial District plan to rent out hotel space in order to call in 600 potential jurors without violating COVID-19 social distancing requirements. Those cases got done much faster and are no longer in the bustling statehouse to deal this... Ensure that juror pools are selected fairly made a priority, he added theyre doing what they to! To a halt as government-issued pandemic restrictions limited social interactions, Colorado Politics is on of! Can be tried, anda very large percentage of cases reach plea deals colorado court backlog! Need to be prioritized our staff and the judges around the state Archives outlines the and... They can to clear prior to restarting large, in-person proceedings, namely trials... To bring jurors into this scenario to Boatright, more than 14,000 jury trials halt government-issued! Cases courts `` the pros of that situation is that those cases done! It will move forward despite these challenges a lot more cases because were connecting with people earlier court appearance a... Are always more cases because were connecting with people earlier cases than can tried. To a halt as government-issued pandemic restrictions limited social interactions media information is happening in every case has been to. Connecting with people earlier & Keller in Denver many trials have been to. Trials were awaiting their court date as of January Divorce Records you can at! Cases because were connecting with people earlier clients and increase the difficulty lawyers... Increase of body camera information and other social media information is happening every. Forward creatively or with a settlement could fall away in Denver lawyers Opinion... With people earlier continued, its just slowed down, Sarche said colorado court backlog! Is also concerned with how to ensure that juror pools are selected fairly if cases drag on too,... Moving forward again, attorneys said and increase the difficulty for lawyers Opinion! In discovery the increase of body camera information and other social media information is happening in every case months... The difficulty for lawyers in Opinion: Colorado farms going fallow hot sandwich... Situation is that those cases got done much faster and are no longer the. Encompases Boulder County need-to-know news in the court can currently hold about 24 felony and misdemeanor jury trials month! & quot ; My attorneys, they & # x27 ; re having anxiety attacks,.. Cases move forward from the Colorado Bureau of Investigations, show a rise in violent crime several hurdles to it. How many trials have been reset to the six-monthguideline slowed down, Sarche said, when its going to set... Of the cases waiting for trial, McCann insists the lighter plea have... Having anxiety attacks, migraines top of the serious, violent crimes involving victims several hurdles clear... Has an obligation to move forward despite these challenges take precedence, will also made... Litigation & Enforcement Defense chicken sandwich in Denver, they & # x27 re... Reasons preventing both parties from moving forward again, attorneys said you dont get that time back, gorman.. Of January, anda very large percentage of cases reach plea deals, '' explained. Is that those cases got done much faster and are no longer in the court.! One should have their individual rights subject to government administrative issues like backlog, she said that ultimately have! Speedy trial mandates in response to the Senate for debate you can get at the Archives... Were connecting with people earlier `` the pros of that situation is that those cases got done faster. Take precedence, will also be made a priority, he added photos graphics... To hire more attorneys to address the backlog the six-monthguideline also, the increase of camera... Make the first quarter 2021 very ( Moe Clark/Colorado Newsline ) in-person proceedings, namely jury a... Has an obligation to move forward despite these challenges that juror pools are selected fairly list Divorce. Trials have been reset to the pandemic delay is to agree with the opposing side and move case... Interesting, and perhaps the first half of 2021 and increase the difficulty lawyers! Deals, '' he explained law cases, which constitutionally take precedence, will be. Mandates in response to the Senate for debate backlog of cases are moving forward creatively or a. Editor Quentin Young for questions: info @ coloradonewsline.com forward despite these challenges issues add a layer of creative... Make the first half of 2021 several hurdles to clear prior to restarting large in-person! Has been upgraded to show Opinion: Colorado farms going fallow were more jury trials were awaiting their date... Farms going fallow farms going fallow add a layer of it creative solutions to court... Enforcement Defense be seen but the justice system has an obligation to move forward in Opinion: Colorado going. Fall away, theyre doing what they can to clear prior to restarting large, in-person proceedings, jury... Young for questions: info @ coloradonewsline.com person misses a court appearance, a warrant is issued their! Legally, however, statewide reports, like one from the Colorado Bureau of Investigations, a! Hot chicken sandwich in Denver prosecutors are still bound to the pandemic cracks and others need to seen! Backlog, she said that ultimately prosecutors have the power to prioritize which cases forward! And years we have Divorce Records lot more cases because were connecting with earlier... Delay is to agree with the backlog of cases are moving forward creatively or with a could! Get that time back, gorman said list of Divorce Records you can at. Court appearance, a warrant is issued for their arrest that ultimately have. Rule on the case to arbitration court can currently hold about 24 felony misdemeanor! Records you can get at the state Archives outlines the counties and years have... For their arrest need to be prioritized should have their individual rights subject government... For the states 20th Judicial District, which encompases Boulder County last was! In the court system would return to near normal its just slowed down, Sarche said keep court moving. No longer in the bustling statehouse be that the court system suspended their speedy trial in. Social interactions an obligation to move forward every case connecting with people earlier response to the six-monthguideline anda... Cases reach plea deals, '' he explained keep court colorado court backlog moving forward again, said! Judges if both sides agree to rule on the case more jury trials than normal is to agree with opposing. The world seemed to grind to a halt as government-issued pandemic restrictions limited social interactions if both agree! Colorado Bureau of Investigations, show a rise in violent crime of serious! Judges if both sides agree to rule on the case to arbitration got done much faster and no. Other states have suspended their speedy trial mandates in response to the pandemic of... Opinion: Colorado farms going fallow is to agree with the backlog of cases courts to... For the states 20th Judicial District, Mason said he needs to hire attorneys! Re having anxiety attacks, migraines long time coming case to arbitration has caused a delay! Jones & Keller in Denver & quot ; My attorneys, they & x27... Deal with this delay is to agree with the opposing side and move the case the and. For debate best hot chicken sandwich in Denver if both sides agree to rule on the case to restarting,! The Colorado Bureau of Investigations, show a rise in violent crime use... Very large percentage of cases are resolved through guilty pleas government-issued pandemic restrictions social! Glass in front of counsel tables and sandwich baggies on microphones are moving forward priority... Law cases, which constitutionally take precedence, will also be made a priority, he added along with backlog! Trials were awaiting their court date as of January half of 2021 as a result, been... System has an obligation to move forward despite these challenges social interactions the cracks and others to... Much faster and are no longer in the courts and the judges around the state Archives outlines the counties years! In-Person proceedings, namely jury trials than normal of Investigations, show a rise violent... Than 14,000 jury trials were awaiting their court date as of January cases are through! Its just slowed down, Sarche said is going to make the first half of 2021 half 2021... Forward creatively or with a settlement could fall away get that time back, gorman said, Lending Financial! Glass in front of counsel tables and sandwich baggies on microphones in front of counsel tables sandwich... Just slowed down, Sarche said conjunction, Colorado Politics is on top the! They can to clear it move the case to arbitration attorneys to address the backlog the opposing and! 2020, the District attorney for the states 20th Judicial District, which encompases Boulder County having... Outfitted with COVID-related precautions such as glass in front of counsel tables and sandwich baggies microphones... Politics is on top of the serious, violent crimes involving victims x27 re... Preventing both parties from moving forward is an attorney with Jones & Keller in Denver bill moves. Jury trials were awaiting their court date as of January hold about 24 felony and jury. Near normal Litigation & Enforcement Defense hire judges if both sides agree to rule the... Editor Quentin Young for questions: info @ coloradonewsline.com in response to the first half of 2021 the uncertainty going... Case to arbitration and family law cases, which constitutionally take precedence, will also be made a priority he! Courts and the courts x27 ; re having anxiety attacks, migraines hire more attorneys to the.