§ 21-2-101 — Alternate defense counsel - policy - commission

Colorado § 21-2-101

• Jurisdiction: Colorado
• Title 21: State Public
• Art.: Alternate Defense Counsel

Text

(1) The office of
alternate defense counsel is hereby created and established as an agency of the
judicial department of state government. The general assembly hereby declares
that the alternate defense counsel shall provide legal representation in
circumstances in which the state public defender has a conflict of interest in
providing legal representation. The general assembly hereby declares that the
alternate defense counsel at all times shall serve his or her clients independently of
any political considerations or private interests, provide to indigent persons
accused of crimes legal services that are commensurate with those available to
nonindigents, and conduct the office in accordance with the Colorado rules of
professional conduct and with the American bar association standards relating to
the administration of criminal justice, the defense function.

(2) The Colorado supreme court shall appoint a nine-member alternate
defense counsel commission. No more than five members of the commission shall
be from the same political party. Six members of the commission shall be attorneys
admitted to practice law in this state who have experience in the practice of
criminal defense, and three members of the commission shall be citizens of
Colorado not admitted to practice law in this state. There shall be one member from
each of the congressional districts in the state. Members of the commission shall
serve for terms of four years; except that, of the members first appointed, five shall
serve for terms of two years. Vacancies on the commission shall be filled by the
supreme court for the remainder of any unexpired term. In making appointments to
the commission, the supreme court shall consider place of residence, sex, race, and
ethnic background. No member of the commission shall be, at any time, a judge,
prosecutor, public defender, or employee of a law enforcement agency. The
supreme court shall establish procedures for the operation of the commission.

(3) The commission shall appoint, and may discharge for cause, a person to
serve as alternate defense counsel who shall serve a term of five years and until a
successor is appointed and qualified. Such person may be reappointed for one or
more subsequent five-year terms. A vacancy in the office shall be filled by the
commission for the remainder of the unexpired term.

(3.5) No later than September 30, 2007, the commission shall adopt written
procedures governing the office of the alternate defense counsel, including but not
limited to the hiring, evaluation, and termination of the alternate defense counsel;
the resolution of contractual disputes involving the office of the alternate defense
counsel; and the processing and resolution of complaints involving the office of the
alternate defense counsel.

(4) The commission shall serve as an advisory board to the alternate defense
counsel and shall meet at least annually. The commission shall advise the alternate
defense counsel concerning the development and maintenance of competent and
cost-effective representation.

(5) Members of the commission shall serve without compensation but shall
be reimbursed for actual and reasonable expenses incurred in the performance of
their duties.

(6) Any expenses incurred for the commission shall be paid from the general
operating budget of the office of the alternate defense counsel.

Legislative History

Source: L. 96: Entire article added, p. 1012, � 1, effective May 23. L. 2000: (1) amended, p. 1479, � 1, effective August 2. L. 2002: (2) amended, p. 944, � 4, effective August 7. L. 2007: (2) amended and (3.5) added, p. 323, � 1, effective April 2. L. 2025: (2) amended, (SB 25-275), ch. 377, p. 2047, � 81, effective August 6.