§ 21-2-103 — Representation of persons who are indigent

Colorado § 21-2-103

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

Text

(1) The office of
alternate defense counsel shall provide legal representation in the following
circumstances:

(a) In cases involving conflicts of interest for the state public defender as
determined pursuant to subsection (1.5) of this section; and

(b) (Deleted by amendment, L. 2000, p. 1479, � 2, effective August 2, 2000.)

(c) To indigent persons who are charged with municipal code violations for
which there is a possible sentence of incarceration, as the alternate defense
counsel in his or her discretion may determine, and as available resources allow.
The office of alternate defense counsel shall provide such representation only
pursuant to a contract between a requesting municipality and the office of
alternate defense counsel. Any such contract must require the municipality to be
financially responsible for all services rendered and expenses incurred by
contractors to defend persons charged with such municipal code violations in the
contracting municipality. The office of alternate defense counsel is not required to
contract with any municipality unless the office of alternate defense counsel
determines that the municipality has sufficient funding and personnel to administer
and oversee the contracts for the provision of indigent defense services in that
municipality.

(1.5) (a) To request withdrawal from a case due to a conflict of interest, the
state public defender shall submit to the court having jurisdiction over the case a
motion specifically describing the nature of the conflict of interest. If the state
public defender determines that ethical obligations prevent a specific description
of the nature of the conflict of interest, the state public defender shall cite any
applicable legal authority for the determination, and the portion of the motion that
specifically describes the nature of the conflict shall be sealed. In the event an
issue arises later concerning whether an actual conflict existed, the sealed portion
of the motion may be opened and examined by the original judge or by another
judge if necessary to prevent the violation of an ethical obligation.

(b) Upon review of the motion, the court shall determine whether a conflict of
interest exists that would require withdrawal of the state public defender and
appointment of the alternate defense counsel.

(c) Repealed.

(d) If the court allows withdrawal of the state public defender and appoints
the alternate defense counsel and it is later determined that no genuine conflict of
interest existed, the office of the state public defender shall reimburse the office of
the alternate defense counsel for the cost of the representation.

(2) In cases involving conflicts of interest for the state public defender, the
determination of indigency shall be made by the state public defender in
accordance with section 21-1-103.

(3) (Deleted by amendment, L. 2000, p. 1479, � 2, effective August 2, 2000.)

(4) The office of alternate defense counsel shall provide legal representation
for persons who are indigent by contracting with licensed attorneys and other
persons necessary to provide legal services commensurate with those available to
persons who are not indigent pursuant to section 21-2-105.

(5) The office of alternate defense counsel may, but is not required to,
evaluate the performance of attorneys providing indigent defense in municipal
courts at the request of any municipality, as described in section 13-10-114.5
(3)(c)(II). The office of alternate defense counsel shall not perform any such
evaluations without sufficient funding for personnel to perform such evaluations.

Legislative History

Source: L. 96: Entire article added, p. 1014, � 1, effective May 23. L. 99: (1)(a) and (2) amended and (1.5) added, p. 874, � 1, effective August 4. L. 2000: (1)(b), (3), and (4) amended, p. 1479, � 2, effective August 2 L. 2018: (1) amended and (5) added, (SB 18-203), ch. 354, p. 2112, � 2, effective August 8. L. 2023: (4) amended, (HB 23-1033), ch. 9, p. 28, � 1, effective August 7. L. 2025: (1.5)(c) repealed, (SB 25-275), ch. 377, p. 2109, � 336, effective August 6.