(1)
There is created, pursuant to section 5 (3) of article VI of the state constitution, the
position of state court administrator, who is appointed by the justices of the
supreme court at such compensation as is determined by them. The state court
administrator is responsible to the supreme court, and in addition to the duties
described within this section, the state court administrator shall perform the duties
assigned to him or her by the chief justice and the supreme court.
(2) The state court administrator shall employ such other personnel as the
supreme court deems necessary to aid the administration of the courts, as provided
in section 5 (3) of article VI of the state constitution.
(3) The state court administrator shall establish standards to ensure
proficiency in court reporting in the courts of this state. The state court
administrator shall also develop or cause to be developed examinations no less
difficult than the examinations of the national shorthand reporters association and
shall qualify those individuals who successfully complete such examination.
(3.5) (a) As required by a chief justice directive, the state court administrator
is responsible for accepting complaints regarding violations of a chief justice
directive concerning child and family investigators appointed by the court pursuant
to section 14-10-116.5 and parental responsibilities evaluators appointed by the
court pursuant to section 14-10-127 in courts involved with the allocation of
parental responsibilities pursuant to dissolution of marriage proceedings. The state
court administrator is authorized to administer appropriate sanctions established
pursuant to chief justice directive. The state court administrator is not responsible
for accepting complaints regarding conduct that is regulated by a child and family
investigator's or parental responsibilities evaluator's professional regulatory
authority.
(b) As a part of the judicial department's SMART Act hearing required by
section 2-7-203, during the 2025 regular legislative session, and each regular
legislative session thereafter, the judicial department shall report on the total
number of child and family court investigators appointed by the court pursuant to
section 14-10-116.5 and parental responsibilities evaluators appointed by the court
pursuant to section 14-10-127, eligibility rosters established pursuant to a chief
justice directive, the number of complaints received by the state court
administrator in the preceding calendar year regarding child and family court
investigators and parental responsibilities evaluators, and the number of founded
complaints and sanctions issued as a result of those complaints in the preceding
calendar year regarding child and family court investigators and parental
responsibilities evaluators.
(c) The state court administrator shall publish and annually update on the
judicial department's public website a summary of the actions taken in the year
preceding the first publication, or since the latest updated publication, concerning
actions taken by the judicial department to comply with recommendations made by
the task force to study victim and survivor awareness and responsiveness training
requirements for judicial personnel, created pursuant to House Bill 23-1108.
(4) Repealed.
(5) The state court administrator shall provide to the director of research of
the legislative council criminal justice information and statistics and any other
related data requested by the director. The state court administrator shall provide
to the state commission on judicial performance and to district commissions on
judicial performance, established in section 13-5.5-104, case management statistics
for justices and judges who are being evaluated.
(6) The state court administrator shall make grants from the family violence
justice fund pursuant to the provisions of section 14-4-107, C.R.S.
(7) (a) The state court administrator shall make grants from the family-friendly court program cash fund pursuant to the provisions of section 13-3-113.
(b) Repealed.
(7.5) The state court administrator shall make grants from the eviction legal
defense fund pursuant to the provisions of section 13-40-127.
(8) Repealed.
(9) The state court administrator is authorized to seek federal funding as it
becomes available on behalf of the state court system for the establishment,
maintenance, or expansion of veterans' treatment courts.
(10) Repealed.
(11) (a) There is created in the office of the state court administrator a
position responsible for education and outreach regarding judicial office vacancies.
The position shall create and deliver educational programming for attorneys and
law students regarding judicial vacancies and the application process.
(b) (I) The position shall report on or before October 1, 2020, and on or before
October 1 each year thereafter through 2030, to the chief justice of the supreme
court and the judiciary committees of the house of representatives and senate, or
any successor committees, concerning the background, professional history, and
qualifications of judicial officers in the state. Notwithstanding the requirement in
section 24-1-136 (11)(a)(I), the requirement to submit the report required in this
section continues until the repeal of this subsection (11)(b) pursuant to subsection
(11)(b)(II) of this section.
(II) This subsection (11)(b) is repealed, effective January 1, 2031.
(12) (a) On or before November 1, 2019, and on or before each November 1
thereafter, the state court administrator shall submit a report to the joint budget
committee of the general assembly and the judiciary committees of the house of
representatives and the senate, or any successor committees, on case management
statistics for the prior state fiscal year that includes:
(I) The total number and types of:
(A) New district court cases assigned;
(B) District court cases resolved; and
(C) District court cases remaining on the docket; and
(II) For each judicial district and each district court judge the total number
and types of:
(A) New district court cases assigned;
(B) District court cases resolved; and
(C) District court cases remaining on the docket.
(b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the
report required in subsection (12)(a) of this section continues indefinitely.
(13) The state court administrator or the administrator's designee shall
present at the judicial department's hearing pursuant to section 2-7-203 statistics
related to extreme risk protection orders in article 14.5 of this title 13. The statistics
must include the number of petitions filed for temporary extreme risk protection
orders, the number of petitions filed for extreme risk protection orders, the number
of temporary extreme risk protection orders issued and denied, the number of
extreme risk protection orders issued and denied, the number of temporary
extreme risk protection orders terminated, the number of extreme risk protection
orders terminated, and the number of extreme risk protection orders renewed. The
state court administrator or the administrator's designee shall also report state
court data related to all persons who are subject to any temporary emergency risk
protection order or emergency risk protection order and who, within thirty days
after the issuance or execution of the protection order, are charged with a criminal
offense. The report must include the nature of the criminal offense, including but
not limited to any offense for violation of the emergency risk protection order and
the disposition or status of that criminal offense.
(13.5) Notwithstanding section 24-1-136 (11)(a)(I), during the 2026 regular
session and each regular session thereafter, the state court administrator or the
administrator's designee shall present at the judicial department's SMART Act
hearing pursuant to section 2-7-203 the following statistics concerning restitution
for each of the previous five state fiscal years:
(a) For cases that were eligible for a restitution order:
(I) The number of cases;
(II) The number of cases in which restitution was requested;
(III) The number of cases in which restitution was ordered; and
(IV) The number of cases in which restitution was not requested;
(b) The amount of restitution paid to:
(I) Individuals; and
(II) Insurance companies;
(c) The percentage of individuals owing restitution who are:
(I) Asian;
(II) Black;
(III) American Indian;
(IV) Caucasian;
(V) Other race;
(VI) Unknown race;
(VII) Hispanic;
(VIII) Male;
(IX) Female;
(X) Under twenty-five years of age;
(XI) At least twenty-five years of age but under forty years of age;
(XII) At least forty years of age but under sixty years of age; and
(XIII) Sixty years of age or older;
(d) For individuals who owe restitution, the percentage of individuals who
owe restitution in each county;
(e) For individuals who are in default on restitution payments for more than
thirty days:
(I) The number of individuals in default;
(II) The percentage of individuals in default who are:
(A) Asian;
(B) Black;
(C) American Indian;
(D) Caucasian;
(E) Other race;
(F) Unknown race;
(G) Hispanic;
(H) Male;
(I) Female;
(J) Under twenty-five years of age;
(K) At least twenty-five years of age but under forty years of age;
(L) At least forty years of age but under sixty years of age; and
(M) Sixty years of age or older;
(III) The total principal amount and the total interest owed by the individuals
in default;
(IV) The average length of time that the individuals have been in default; and
(f) For individuals who are in default on restitution payments, the percentage
of individuals who are in default in each county.
(14) (a) (I) On and after January 1, 2020, the state court administrator shall
administer a court reminder program in at least four judicial district courts to
remind criminal defendants and juvenile participants to appear at each of their
scheduled court appearances and to provide reminders about an unplanned court
closure. The objective of such reminders is to significantly reduce the number of
criminal defendants and juvenile participants who are taken into custody solely as a
result of their failure to appear in court. No later than July 1, 2020, the program
must be administered in every eligible court, as defined in subsection (14)(h) of this
section, in the state.
(II) The state court administrator shall issue a request for proposal to choose
a third-party vendor to develop and operate the court reminder program. At the
conclusion of the request for proposal process, the state court administrator may
choose to develop and operate the program without utilizing a third-party vendor.
(III) Each court participating in the court reminder program shall enroll every
criminal defendant and juvenile participant in the program. A criminal defendant or
juvenile participant may opt out of participating in the program.
(IV) The program shall send reminders to the best contact information
available to the court. Before sending reminders for the defendant's or participant's
first court appearance, the program shall make all reasonable efforts to ensure that
the program has the same contact information available to the court, including
contact information provided by a criminal defendant or juvenile participant to a law
enforcement agency on a summons or by any other means.
(b) In administering the program, the state court administrator shall use text
messages to remind criminal defendants and juvenile participants who have the
capacity to receive text messages of court dates and unplanned court closures. A
text message reminder must be sent to the best phone number available to the
court. In addition, or when a defendant or juvenile participant is unable to receive
text messages, the state court administrator, at the administrator's discretion, may
use other communication methods, including telephone, email, or other internet-based technology, to remind defendants and juvenile participants of court dates
and unplanned court closures.
(c) The program must:
(I) (A) Provide at least three reminders for all court appearances, including
the first court appearance, for criminal defendants and juvenile participants in an
eligible court. One reminder must be sent the day before the court appearance. The
reminders must include at least the date, location, and time of the court
appearance and contact information for questions related to the court appearance.
(B) Notwithstanding the requirement in subsection (14)(c)(I)(A) of this
section, the program is not required to send more than two reminders within seven
days before a court appearance or more than one reminder within forty-eight hours
before a court appearance.
(I.5) For court appearances that can be attended virtually, provide the link to
the virtual court appearance in, at least, the final reminder sent before the
appearance;
(II) Provide an alert to a defendant or juvenile participant who misses court
that the defendant or juvenile has missed court and that the defendant or juvenile
should immediately contact his or her attorney, if the defendant or juvenile has one,
or the court to determine next steps;
(III) Identify each instance in which a criminal defendant or juvenile
participant was sent a text message reminder to a working mobile telephone
number;
(IV) Identify defendants and juvenile participants with upcoming court
appearances who cannot be reached and, as resources allow, attempt to acquire
current contact information;
(V) Collect data concerning the number of criminal defendants and juvenile
participants who fail to appear at their scheduled court appearances despite having
been sent one or more reminders to a working telephone number; and
(VI) Collect data concerning the number of criminal defendants and juvenile
participants who opt out of the program and, if possible, their reasons for opting
out.
(d) Each eligible court shall utilize the reminder services of the state court
administrator described in this subsection (14) unless the court chooses to opt out
and has its own procedure for using text messaging to remind all criminal
defendants and juvenile participants to appear at their scheduled court
appearances and remind them of an unplanned court closure.
(e) On and after January 1, 2020, the state court administrator shall track
data in each eligible court concerning the failure of criminal defendants and
juvenile participants to appear for their scheduled court appearances.
(f) In its annual report to the committees of reference pursuant to section 2-7-203, the judicial department shall include information concerning the activities of
the state court administrator pursuant to this subsection (14). To the extent
practicable, the report must include:
(I) The number of reminders sent to a criminal defendant's or juvenile
participant's working telephone number in each eligible court;
(II) The number of criminal defendants and juvenile participants in each
eligible court who failed to appear for a court hearing;
(III) The number of criminal defendants and juvenile participants in each
eligible court who were sent a reminder to a working telephone number from the
program but who nonetheless failed to appear for a court hearing;
(IV) Any other data collected by the state court administrator that the state
court administrator determines to be useful to the general assembly in assessing
the effectiveness of the program at reducing the number of criminal defendants
and juvenile participants who fail to appear for their court appearances and
reducing the number of criminal defendants and juvenile participants who are jailed
for failure to appear at a court appearance;
(V) The number of criminal defendants and juvenile participants who opt out
of the program, the reasons they elected to opt out, and recommendations for
changes to increase participation in the program and reduce the number of criminal
defendants and juvenile participants who opt out; and
(VI) If, at the state court administrator's discretion, the program sends any
reminders by communication methods other than text message, the number of
criminal defendants and juvenile participants who were sent a reminder other than
a text message reminder, the communication method used, and whether the
defendants or participants failed to appear at their scheduled court appearance.
(g) Nothing in this subsection (14) creates a right for any criminal defendant
or juvenile participant to receive a reminder from the program.
(h) As used in this subsection (14), unless the context otherwise requires:
(I) Criminal defendant includes a person alleged to have committed a
traffic offense but does not include a person alleged to have committed a traffic
infraction.
(II) Eligible court means a district court, county court, or municipal court
that uses the integrated Colorado online network that is the judicial department's
case management system.
(III) Juvenile participant means a juvenile who has been alleged to have
committed a delinquent act, as defined in section 19-2.5-102, or a traffic offense,
who is required to appear before an eligible court. Juvenile participant includes
the juvenile's parent, guardian, or legal custodian. Juvenile participant does not
include a juvenile alleged to have committed a traffic infraction.
(i) Repealed.
(15) The state court administrator shall administer the Colorado Electronic
Preservation of Abandoned Estate Planning Documents Act, article 23 of title 15.
(16) Repealed.
(17) The state court administrator shall have the capabilities within the
existing statewide court data system to indicate court liaison appointment and
actions related to the appointment in cases.