The Colorado State Public Defender’s Office and inmate advocates on Friday petitioned the state Supreme Court to create a “swift, unified and comprehensive response” to reduce the number of incarcerated people in Colorado and to bolster safety in courthouses.

The action came in the form of two emergency petitions seeking uniform policies to encourage judges to exercise their discretion in curbing new arrests, relaxing probation and parole requirements and implementing safety measures during court proceedings.  

“Jail inmates, jail staff, and the public at large all have a vested interest in ensuring that jails do not become incubators of COVID-19, which they are likely to do without a  prompt  reduction in  jail populations,” inmate advocates said in a 45-page filing focusing on jails.

The second, 50-page petition seeks new precautions in the courts, including allowing “all parties” to appear by phone; better compliance with social distancing and suspension of all probation or pretrial conditions requiring people to appear in person.

Joining in the filings were the Colorado Criminal Defense Bar and the Office of Alternate Defense Counsel.  The ACLU of Colorado was among the organizations that signed on as interested parties. A similar coalition issued a call March 17 urging Gov. Polis to take action to reduce the state’s population in jails and prisons.

Since then, progress has varied county to county and from one courtroom to another, said Maureen Cain, director of legislative policy and external communications for the State Public Defender.

“It’s very inconsistent all over the state depending on where you are and what judicial district you’re in,” Cain said. “The petitions seek to develop some kind of basic consistency and statewide standards.”

The emergency petitions are heard at the discretion of the state Supreme Court, which could elect to adopt the recommendations, set a hearing or briefing schedule, or decline to hear the petitions.

“There’s no time frame for that,” Cain said.   

The petitions cite the April 1 death of El Paso County jail deputy Jeff Hopkins as an illustration of the risks, warning that more deaths are inevitable unless populations are reduced to allow for better distancing in jails.

Some states have issued statewide orders implementing the kind of changes sought by Friday’s filings, including Montana, Wyoming and Washington, whose supreme courts issued rulings to reduce arrests and release people, according to news accounts.

Jails across Colorado, including in El Paso County, have reduced inmate numbers, but more action is needed, the groups say.

“While our jail population is down 30%, responses across the criminal legal system have been uneven,” Legislative Policy Coordinator for the Colorado Criminal Defense Bar Tristan Gorman said in a news release. “We need the Colorado Supreme Court to provide the kind of guidance we have seen in several other states, to ensure that we provide statewide solutions to a pandemic that knows no geographic boundaries.”