Shelly Bradbury is the courts reporter at the Denver Post. system. February. Those sorts of sweetheart deals are no longer happening, said Denver defense attorney Kimberly Diego. Officials rented metal detectors for security and even a copy machine which could only be rented by the month, although it was needed for just two days. Some of the states less-busy courts alreadyhave cleared their COVID-19 backlogs. In October, 2019, the California legislature passed AB 51 in an effort to ban mandatory employment arbitration. (Moe Clark/Colorado Newsline). approach rather than discussing settling. POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from United States. Similarly, most mediation and arbitration are taking place via County Courts handle civil cases under $25,000, misdemeanors, traffic . Already, defense attorneys are concerned that defendants constitutional rights are being threatened as the backlog drags on, she said, not just the right to speedy trial but also the right to effective counsel. will go as currently scheduled because no one knows what will Courts should act now to get tools like Quick Check Judicial in place, so they are better prepared to handle the backlog. John Hickenlooper of Colorado and Ron . 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. Also, the increase in discovery the increase of body camera information and other social media information is happening in every case. are now outfitted with COVID-related precautions such as glass in 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. unusually quietnot a lot of people are there. Shed like to see prosecutors reduce the backlog by offering more favorable plea deals to defendants a power only prosecutors wield. Mondaq uses cookies on this website. 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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. Chief Judge Martinez of the 2nd Circuit (for Denver City and County) likewise announced that all jury trials would be suspended at least until January 4, 2021. The law would only be applicable for the next year and would extend that deadline. In the much busier 18th Judicial District, which includes Arapahoe, Douglas, Elbert and Lincoln counties, District Attorney John Kellner estimated itll take a year or two to work through the backed-up cases. "My attorneys, they're having anxiety attacks, migraines. Nicole Westbrook is an attorney with Jones & Keller in Denver. Were less likely to staff a case with two attorneys, Kellner said. Those conversations have been extremely productive. Opinion: Colorado farms going fallow? The backlog is no longer growing. We have to keep moving court proceedings forward. 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. And ultimately, everything is left up to the judges. Who makes the best hot chicken sandwich in Denver? These delays have a real impact.. In order for the continuance to happen, the judge would need to find good cause for it and make known on the record that there is no courtroom available for the trial, no jury pool available and that a different judge cannot be used for the case. HB 1309 passed the House in a 51-11 vote Friday with three people excused. 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. With the backlog, may be necessary to get through the backlog of cases. Originally Published by Jones & Keller, December 2020. Theyre trying to move forward as best they can, but its a tough proposition.. preference over commercial cases. The U.S. Supreme Court has dismissed a case asking the Court to adopt an approach that would broaden the scope of the attorney-client privilege when communications contain both legal and nonlegal advice. As a consequence of jury trials being suspended during the pandemic, both federal and state trial courts are contending with a backlog. In Boulder, District Attorney Michael Dougherty gave closing arguments in a jury trial Thursday in a vehicular homicide case. 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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. In a normal year, there are only 2,716 jury trials held. During the start of the legislative session, Chief Justice Brian Boatright delivered his state of the judiciary speech, outlining the backlog in cases across the state and asking the legislature for help. 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. My civil case load is backlogged. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. . In 2020, Colorado felony cases on average lasted 184 days from the arrest and filing of charges to the disposition of the case, according to data provided by the Colorado Judicial Department, although that number only includes cases that have been closed. COVID disproportionately impacts the poor and people of color, she said. "The goal was to provide ethical pleas, but if we could plea, we should," said 10th Judicial District Attorney Jeff Chostner. County Courts District Courts. The space itself cost $3,500 a day, she said, and while it provided the physical area needed to bring in such a large group, it didnt expand the districts overall trial capacity because it didnt alleviate pressure on staffing, Snyder said. They have also been conducting over video calls other court proceedings that dont require a jury. The death happened in 2020 and the trial was delayed by COVID-19. This information is not intended as legal advice. the same room as the witness. Mondaq Ltd 1994 - 2023. front of counsel tables and sandwich baggies on microphones. In order to help cut down on the backlog, Roberts and McCann say defendants are being offered plea deals that are lighter than would be given under normal circumstances in order to get cases out of the system. The court can currently hold about 24 felony and misdemeanor jury trials a month. 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. It is almost laughable how many trials have been reset to the first quarter 2021. Home Courts. Developed and managed by OvalOptions for Conflict Management, CCC is a statewide, online mediation service that provides disputants another route to resolve . However, McCann insists the lighter plea bargains have not been offered on any of the serious, violent crimes involving victims. truly feel the pressure necessary to settle. Driving the urgency is defendants right to be brought to trial within six months of entering a plea, a mark that has been impossible to meet during the pandemic. Its just slowed us down to say, What can we do in this situation, and OK, what can we do in this (other) situation, she said. 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. DEIJ Policy | Ethics Policy | Privacy Policy. 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.. The weighting would not be based on which case was filed first. 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.. Jon Sarche, a spokesman for the Colorado Judicial Department, said that it is difficult to quantify how long it will take to get through Colorados backlog of criminal cases, especially since new cases are still being filed every day. With cases piled up, it's hard to see how the Eight participants to graduate from 4th Judicial District Recovery Court February 7, 2023 The mandate requires defendants who plead not guilty to have their case heard within six months. The difference is having the legislature make a law it provides them differences because this is a constitutional issue, and it will be challenged, she said. Some courts are working, some arent. 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. Having jurors Without And as the world slowed, so slowed the judicial courts. 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