Colorado § 13-1-401 Legislative declaration

Colorado Statutes

§ 13-1-401 — Legislative declaration

Colorado·Title 13 Courts·Art. General Provisions

(1)The general assembly hereby finds and declares that:

(a)Access to courts is a cornerstone of Colorado's republican form of government and is therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, threatens the values of public access and the core functions of courts and is considered an unreasonable and unlawful seizure whether undertaken by a local, state, or federal officer.

(b)Courts have the affirmative obligation to assert their powers to ensure order and efficient functioning in their proceedings through exercising their contempt power and issuing writs in order to protect the dignity, independence, and integrity of proceedings;

(c)There exists from Engli

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(1) The general assembly hereby finds and
declares that:

(a) Access to courts is a cornerstone of Colorado's republican form of
government and is therefore a matter of statewide concern. Civil arrest of a person
at a courthouse or on its environs, or while going to, attending, or coming from a
court proceeding, threatens the values of public access and the core functions of
courts and is considered an unreasonable and unlawful seizure whether undertaken
by a local, state, or federal officer.

(b) Courts have the affirmative obligation to assert their powers to ensure
order and efficient functioning in their proceedings through exercising their
contempt power and issuing writs in order to protect the dignity, independence, and
integrity of proceedings;

(c) There exists from English common law a privilege from civil arrest at a
courthouse and on its environs, or while going to, attending, or coming from a court
proceeding. The common law of England is the rule of decision, and shall be
considered as of full force until repealed by legislative authority pursuant to
section 2-4-211, and the common law privilege from civil arrest has not been
legislatively repealed.

(d) The general assembly has the power to protect Colorado's court
proceedings in order to preserve Colorado's republican form of government and has
previously codified the privilege from arrest in specific circumstances to protect
the proper functioning of courts; and

(e) This act clarifies Colorado law with respect to court access and judicial
power to enforce the protection in order to ensure court access and to prevent
interruption of the administration of justice, and clarifies that the protection
extends to proceedings conducted under the authority of a court, including, but not
limited to, probation and pretrial services.

(2) Nothing in this part 4 narrows, or in any way lessens, any rights or
protections from civil arrest at a courthouse or on its environs, or while going to,
attending, or coming from a court proceeding, under common law, statute, the
United States constitution, the state constitution, or the remedies available for
violations of those rights or privileges.

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