Colorado Politics

Judicial Department accepting applications for court-appointed counsel in red flag cases

Colorado’s Judicial Department announced on Friday that it is accepting applications from lawyers who wish to be court-appointed counsel in extreme risk protection order cases.

Also known as “red flag” cases, Colorado’s law would allow for the temporary removal of firearms from someone who presents a risk. “60 Minutes” recently profiled the law and interviewed two sheriffs who refuse to enforce it.

“[C]ounsel shall be appointed for a respondent in an extreme risk protection order case, regardless of indigency status,” wrote Chief Justice Nathan B. Coats in a directive. The U.S. and state constitutions provide for the appointment of counsel in certain legal cases.

The red flag law takes effect on Jan. 1, 2020.

Extreme risk protection orders were first proposed in Colorado in 2018 after a shootout with a mentally ill man in Douglas County left a sheriff’s deputy dead. At the time, Republicans controlled the state senate and the bill stalled there. When Democrats took charge of both chambers this year, the red flag law was one of their priorities. 

Eighteen states have red flag laws either in effect or taking effect in 2020.

Three pistols
(Photo by Bytmonas, iStock)
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