My civil case load is backlogged. As Colorado courts reopen during COVID, they are experiencing historic delays and backlogs. That ship has sailed, she said. In Boulder, District Attorney Michael Dougherty gave closing arguments in a jury trial Thursday in a vehicular homicide case. 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.. Weekend Bond Hearing by County. 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. With each trial delay, litigants are taking a wait and see In July, a handful of judicial districts, including El Paso, Arapahoe and Douglas counties, were granted variances that allowed them to resume some jury trials before Aug. 3. quarter 2021. While we do have a huge backlog 14 months of cases crammed into three months we are quickly resolving cases by people who are facing their upcoming trials and have come to terms with the need to enter a plea agreement, he said. Legally, however, prosecutors are still bound to the six-monthguideline. But Webex has been upgraded to show documents and it is working well. Colorado's courts will face an unprecedented backlog of cases next year with reduced staff and resources because of budget cuts prompted by the coronavirus pandemic. The lighter plea bargains can be even more devastating for victims to come to terms with. County Courts handle civil cases under $25,000, misdemeanors, traffic . Since then, the order has been extended four times and expired on Monday. Although not the same as being in person, these Every trial I had scheduled this year starting on March 30, 2020, has been reset to the first quarter of 2021. The statewide court system cut 111 employees this summer and eliminated 95 empty positions in order to reduce its general fund budget by about $34 million amid a statewide shortfall, according to information the judicial branch provided to the legislature's Joint Budget Committee. 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. You dont even get an apology on the way out, even though it may have completely decimated your life and the lives of your family.. I think those are some lessons we can take with us after the pandemic that may actually improve the rate of appearance.. My civil case load is backlogged. The weighting Trials vary in length, depending on the complexity of the case, with some lasting only a day and others lasting weeks.Defense and prosecution follow local rules, face public scrutiny. Some lawyers are inviting clients into their conference space to manage frayed nerves and, at a minimum, be in the same room as the witness. This means a personal injury case, especially one where Or, similar to In 2020, that number jumped to more than 1,000, he said. Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Family gets unexpected bill after Kaiser Permanente Colorado software error that resulted in refunds to thousands, Skygazers will have a great view Wednesday of two planets that look like they are almost touching. Chief Judge Martinez of the 2nd Circuit (for Denver For Cooley, her concern, along with the backlog of cases courts . Colorado's courts will face an unprecedented backlog of cases next year with reduced staff and resources because of budget cuts prompted by the coronavirus pandemic. She worries the bill would double or triple the wait times for trials, leaving those in custody at a higher risk to being exposed to COVID in a congregate environment. doors open this fall, the recent upswing of COVID-19 cases and the Courts are now outfitted with COVID-related precautions such as glass in front of counsel tables and sandwich baggies on microphones. Without sufficient pressure on both sides, though, one side may be willing to wait it out. Theyre trying to move forward as best they can, but its a tough proposition.. Protracted proceedings weigh on everyone across the judicial 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. Chieftain reporter Heather Willard can be reached via email at hwillard@gannett.com or on Twitter: @HeatherDWrites. being in a big room with hundreds of people for a Monday morning Criminal trials are generally bound by law to take place within six months of a plea entry, but these too were halted for a period, as pandemic case numbers rose along with death counts in the state and county. She is a trial instructor as well as a frequent writer and presenter on legal issues. Moe Clark is a freelance journalist and former Colorado Newsline reporter who covered criminal justice, housing, homelessness and other social issues. process more sensitive cases first, followed by the money cases In the coming months, some of those 14,600 cases set for trial will resolve in plea agreements, and the courts will continue to loosen restrictions and hold more trials as the pandemic comes to an end. So, this is very rare of them to do, which makes me think theres a serious problem, said Rep. Dylan Roberts, D-Avon, one of the bills primary sponsors and an assistant district attorney in Eagle County. ", More: Building connections: Swerdfeger Construction sells to national company. Throughout Colorado, the jail population has decreased by over 30% on average, Dougherty added. Some of the states less-busy courts alreadyhave cleared their COVID-19 backlogs. In Pueblo, violent crime rates dropped in 2018 and 2019, but despite COVID-19 restrictions during the pandemic, the city saw more crime-related deaths in 2020 than past years. "The goal was to provide ethical pleas, but if we could plea, we should," said 10th Judicial District Attorney Jeff Chostner. Every trial I had scheduled All Rights Reserved. Here's how the courts differ. Typically, the state conducts only about 2,700 jury trials annually. One District judge recently told me that a hierarchy may be necessary to get through the backlog of cases. The bill, co-sponsored by Sens. Shes been a reporter since 2012, focused on criminal justice. would not be based on which case was filed first. Shelly Bradbury is the courts reporter at the Denver Post. 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. 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 mid-March. Criminal cases go first. 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. 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. Throughout the pandemic, the courts have been introducing creative solutions to keep court proceedings moving forward. The content of this article is intended to provide a general It If we get a vaccine around the beginning of the year, my hope DOWNTOWN DENVER 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. Some judicial districts in less populated parts of the state are poised to bounce back by the end of the summer but the states busiest judicial districts are still facing a long road back to normalcy. Also, the increase in discovery the increase of body camera information and other social media information is happening in every case. Yes, we have been offering some dispositions of cases that we wouldnt normally offer because we just have to deal with the crushing workload, McCann said. Now, we need to make sure we understand all the needs in more detail of each trial specifically We just need to be patient and work our way through it.. participants are better equipped to work through in real time Not for the "stupid price" of $150 an acre foot. The uncertainty is going to make the first quarter 2021 very interesting, and perhaps the first half of 2021. Mask mandates were imposed and distancing rules engaged. Combining the sanctity, formality, and traditions of the court system with evolving legal technology will make courts an even . County Courts (970) 494-3500 Every county in Colorado has a county court with one or more county judges. "I think that our district andmy office worked very hard to get ready for a bunch of trials since January, and our citizens in our community showed up for jury service," he said. Even while the courts struggled to ease their doors open this fall, the recent upswing of COVID-19 cases and the Governors response have trickled down to both the state and federal courts. Vote in our annual food bracket challenge. That means the district attorneys office like defense attorneys must prepare for all of the cases, straining resources. District Courts hear civil cases in any amount, as well as domestic relations, criminal, juvenile, probate, and mental health cases. Some lawyers are inviting clients into their The 17th Judicial District has more than 700 felony jury trials on its calendar, but is currently holding just two a week because of COVID-19 safety restrictions, District Attorney Brian Mason said. Empowering courts to expand and expedite judicial administrations of the Oath. 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. In 2020, the 10th Judicial District Court was able to hold some criminal trials, with Pueblo's Chief Judge Deborah Eyler ordering courtrooms to reopen on July 6, before shutting the courtrooms once more on Nov. 6 as COVID-19 case rates and attributed deaths mounted. Grand jury proceedings were With the backlog, 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 . the same day in the same week on the judge's calendar in The bad side of that is many of the resolved cases could have resulted in far more serious sentences if that wasn't the case.". Of the $60 billion, $40 billion would support federal partnerships with states and tribes to tackle the backlog of restoration and fire mitigation projects. With cases piled up, it's hard to see how the The system, to my knowledge, has never had to stop the way it has with this pandemic. Other trials have slowly begun to move forward after months worth of delays, like the trial of the teen accused of killing Kendrick Castillo in the STEM Highlands Ranch school shooting. We ask that you edit only for style or to shorten, provide proper attribution and link to our web site. In October, 2019, the California legislature passed AB 51 in an effort to ban mandatory employment arbitration. cases, contributing to an even larger backlog of civil cases. If that continuance is granted, a second portion of the bill would require another bond hearing for the defendant with the presumption of release. solutions that work vis a vis each of these platforms. Colorado courts are re-opening, but the backlog will be slow to work through with physical distancing requirements. Benavidez voted against the bill, along with four other Democrats. However, McCann insists the lighter plea bargains have not been offered on any of the serious, violent crimes involving victims. But its going to affect court operations for some time. But another aspect that is often overlooked, according to Tofte Nestaval, is how delay and uncertainty around criminal jury trials affects crime victims. The court can currently hold about 24 felony and misdemeanor jury trials a month. Over the past five years, we have had an average of 2,716 jury trials, with 2,400 of those being criminal trials. 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. docket. . To hear that its going to be delayed is devastating, but to hear that it might get dismissed altogether because of a right afforded to the defendant that isnt exactly afforded to the survivor is even worse, said Emily Tofte Nestaval, the executive director of the nonprofit Rocky Mountain Victim Law Center. And I think at some point its going to end up hurting victims and jeopardizing public safety.. HB 1309 passed the House in a 51-11 vote Friday with three people excused. The backlog is no longer growing. 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 litigators, we know it We have to recognize that we could put all the precautions in place, and theres still the possibility of people getting sick, said, , whose county held its first jury trial on Tuesday. But that hasnt happened in Colorado. We have to recognize that we could put all the precautions in place, and theres still the possibility of people getting sick, said Dougherty, whose county held its first jury trial on Tuesday. Some are better at WebEx, some arent, said Raynes, referring to the video application that courts are using for remote court proceedings. In a letter sent . 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. These are the types of decisions people will start Gorman is also concerned with how to ensure that juror pools are selected fairly. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. Thats longer than other recent years: in 2018, felony cases lasted an average 148 days, and in 2021, about 121 days. commercial litigationthat will be pushed further down the State courts have been open on a limited basis, judge by judge and circuit by circuit. they have a speedy trial mandate that can't be violated. pandemic restrictions limited social interactions. Hefty trial loads and potentially, the weighting of cases may be on the court case docket in Colorado, 2021. At the end of the day, it will be my sectorcomplex Other Courts. We need people to believe trials will go forward, that their feet are to the fire, per se, to move to settlement when that is the best outcome for our clients. approach rather than discussing settling. Trial Courts. Because ultimately, when were dealing with the flood of cases in the backlog, time is going to run out on us, he added. Tamara Chuang 5:46 PM MDT on Mar 29, 2021 The bill allows judges to grant a continuance, as it is known, up to two times, but the bill sponsors indicated they would seek to limit the extensions to just one. is office has been reaching out to defendants before their first appearance date to explain the process and talk about what they will be charged with. Prosecutors are prioritizing cases involving violent crimes or serious felonies, he said, as well as cases that have been pending for a long time. Working through the local jury trial backlog could take between six and nine months, he estimated. "used" sandwich bag and replaces it with a new one for During the five months that Pueblo's combined courts were closed in 2020, attorneys on both sides of criminal cases were asked by Eyler to try and reach plea deals or resolutions of cases outside of a court room. ", Other news: Trial begins in Pueblo for Monte Vista man accused of killing, dismembering mother. One of the main reasons weve made progress is were back in person and the trial courtrooms are up and running, and we havent had to have the same restrictions on the number of jurors coming in, he said, adding that with more cases going to trial, defendants are also more likely to accept plea deals, which has chipped away at the backlog as well. Dougherty said the reason for the decrease is that video conferencing is less disruptive to peoples lives. sense of humor. Alby Singleton, head of the Pueblo Public Defender Office, noted that there is always a "backlog" of cases in any court due to the nature of how many cases must be heard in any specific district. Home Courts. Citizenship Delayed Report on Citizenship and Naturalization Backlog in Colorado . bench trials through January 8, 2021. 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. 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Were trying to avoid is a bunch of jury decisions being overturned on a technicality, he said. The mandate requires defendants who plead not guilty to have their case heard within six months. There is nothing stopping the court from making an additional rule. Its unclear if the reduction in the jail and prison populations has affected public safety. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. WHEAT RIDGE, COLO. - Colorado courts will receive much needed relief to their backlog of cases as the Colorado Conflict Clinic (CCC) opens its online doors on Tuesday, June 23, 2020. Michael Dougherty, the district attorney for the states 20th Judicial District, which encompases Boulder County. Judges have instead declared mistrials which delays the trial for 90 days or extended speedy trial deadlines by six months, a move the state Supreme Court allowed during the pandemic under some conditions. Court staff, defense attorneys, prosecutors, judges and even the state legislature are taking a variety of measures to try to address the logjam, including renting extra space, trying to hire more staff and making it easier for retired judges to temporarily return to the bench to shoulder some of the workload. She joined the paper in 2019 and previously worked as a crime reporter at the Pittsburgh Post-Gazette in Pennsylvania and the Chattanooga Times Free Press in Tennessee. Having jurors present is an important part of the justice system. Denver, CO 80202, Ph: (303) 573 1600 Mask mandates were imposed and distancing rules engaged. She joined the paper in 2019 and previously worked as a crime reporter at the Pittsburgh Post-Gazette in Pennsylvania and the Chattanooga Times Free Press in Tennessee. "The notion that there's a backlogthere's always a lot of backlog, always more than can go to jury trial. preference over commercial cases. We need people to Mintzer Sarowitz Zeris Ledva & Meyers, LLP, Wilson Elser Moskowitz Edelman & Dicker LLP, Greenberg Glusker Fields Claman & Machtinger, Notice-Prejudice Rule Does Not Apply To Claims-Made Professional Liability Policies, BIPA Broader, Plaintiffs Bolder After Latest Defense Setback At Illinois' Highest Court, Ninth Circuit Blocks California's Ban On Mandatory Arbitration In Employment, Thoughts For In-House Counsel: Attorney-Client Privilege, 10 Things You Should Know About The Dominion v. Fox Defamation Case, What To Expect From The Unexpected: Trial Outlook, In-Person Civil Jury Trials Resume In Philadelphia: What To Know Moving Forward, Pushing Through Omicron The Fractured Impact On Jury Trials Across The Nation, California Asbestos Trials In The Age Of COVID-19. (Moe Clark/Colorado Newsline). That remains to be seen but the The bill has bipartisan support but has also received bipartisan pushback from some lawmakers, including Rep. Adrienne Benavidez, D-Commerce City. Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. They have also been conducting over video calls other court proceedings that dont require a jury. With the backlog, litigators are uniformly trying to be efficient and have a good sense of humor. We have to. It is also part of the information that we share to our content providers ("Contributors") who contribute Content for free for your use. She argues that the number of cases set for trial is not indicative of how many will actually end up in trial. Emily Tofte Nestaval, executive director of the nonprofit Rocky Mountain Victim Law Center, described the number of criminal cases in the backlog as a tidal wave barreling towards Colorados criminal justice system. Last updated February 24, 2023 at 9:44 AM. litigators are uniformly trying to be efficient and have a good 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. Between January 15 and March 30, 2021, I currently However, the victims she has spoken with have indicated that they would rather wait a longer time for things to move forward than to have the trial dismissed, so she supports the bill. In Arapahoe County alone, there are 212 jury trials scheduled for May and 264 scheduled for June. may be necessary to get through the backlog of cases. With cases piled up, its hard to see how the judges are going to get through their work load. about your specific circumstances. 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