§ 21-1-103 — Representation of indigent persons

Colorado § 21-1-103

• Jurisdiction: Colorado
• Title 21: State Public
• Art.: State Public Defender

Text

(1) The state public defender
shall represent as counsel, without charge except as provided in subsection (3) of
this section, each indigent person who is under arrest for or charged with
committing a felony if:

(a) The defendant requests it and he complies with subsection (3) of this
section; or

(b) The court, on its own motion or otherwise, so orders and the defendant
does not affirmatively reject, of record, the opportunity to be represented by legal
counsel in the proceeding. When appointed by the court, the office of the state
public defender shall be limited to defending the indigent person and shall not be
appointed to act as advisory counsel. The court shall not appoint a public defender
to represent a defendant if such defendant does not fall within the fiscal standards
or guidelines established by the supreme court for appointment of public
defenders.

(2) The state public defender shall represent indigent persons charged in
any court with crimes that constitute misdemeanors and in which the charged
offense includes a possible sentence of incarceration; juveniles upon whom a
delinquency petition is filed or who are in any way restrained by court order,
process, or otherwise; persons held in any institution against their will by process or
otherwise for the treatment of any disease or disorder or confined for the
protection of the public; and persons charged with municipal code violations as the
state public defender in his or her discretion may determine, subject to review by
the court if:

(a) The indigent person or the indigent person's parent or legal guardian in
delinquency or other actions pursuant to article 2.5 of title 19 requests it and
complies with subsection (3) of this section; or

(b) The court, on its own motion or otherwise, so orders or requests and the
defendant or the defendant's parent or legal guardian in delinquency or other
actions pursuant to article 2.5 of title 19 does not affirmatively reject, of record, the
opportunity to be represented by legal counsel in the proceeding. The court shall
not appoint a public defender to represent the defendant, or the defendant's parent
or legal guardian, if the person does not fall within the fiscal standards or
guidelines established by the supreme court.

(3) The state public defender shall make the determination of indigency,
subject to review by the court. When a defendant or, if applicable, the defendant's
parent or legal guardian requests representation by a public defender, such person
shall submit an appropriate application, the form of which states that the
application is signed under oath and under the penalty of perjury and that a false
statement may be prosecuted as such. The applicant shall pay a nonrefundable
processing fee of twenty-five dollars if the court-appointed counsel enters an
appearance based upon the application; except that a person under the jurisdiction
of the juvenile court, as defined in section 19-1-103, or the person's parent,
guardian, or legal custodian is not required to pay the processing fee. The fee is
assessed at the time of sentencing, if sentencing occurs, or upon other final
disposition of the case; except that the court may, at sentencing or other final
disposition, waive the fee if the court determines, based upon the financial
information submitted by the party being represented by the court-appointed
counsel, that the person does not have the financial resources to pay the fee.
Before the court appoints a public defender based on said application, the court
shall advise the defendant or, if applicable, the defendant's parent or legal
guardian that the application is signed under oath and under the penalty of perjury.
A copy of the application must be sent to the prosecuting attorney for review, and,
upon request, the court shall hold a hearing on the issue of the eligibility for
appointment of the public defender's office. Processing fees collected pursuant to
this subsection (3) are transmitted to the state treasurer, who shall credit the same
to the general fund.

(4) Nothing is this section shall be construed to authorize the public
defender to represent or advise any person who is physically outside the state of
Colorado and who has not made a court appearance in the pending matter in the
state of Colorado.

(5) Nothing in this section may be construed to prevent the public defender,
before determining indigency, from providing representation to juveniles in
detention hearings.

Legislative History

Source: L. 69: R&RE, p. 255, � 30. C.R.S. 1963: � 39-21-3. L. 81: (2) amended, p. 929, � 3, effective September 1. L. 81: (4) added, p. 924, � 2, effective May 26. L. 88: (1)(a), (1)(b), (2)(a), (2)(b), and (3) amended, p. 665, � 6, effective July 1. L. 90: IP(1) and (3) amended, p. 1038, � 1, effective July 1. L. 92: (2)(a) and (2)(b) amended, p. 2176, � 31, effective June 2; (3) amended, p. 466, � 3, effective July 1. L. 2000: (1)(b), IP(2), and (2)(b) amended, p. 1480, � 5, effective August 2. L. 2004: (3) amended, p. 725, � 1, effective August 4. L. 2013: IP(2) amended, (HB 13-1210), ch. 306, p. 1624, � 4, effective January 1, 2014. L. 2014: (5) added, (HB 14-1032), ch. 247, p. 954, � 6, effective November 1. L. 2021: (2) amended, (SB 21-059), ch. 136, p. 738, � 93, effective October 1; (3) amended, (HB 21-1315), ch. 461, p. 3107, � 4, effective July 6.