public defender
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Judicial branch tells oversight committees that cost of new judgeships has decreased
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Judicial branch leaders told lawmakers on Monday that their priority for the legislative session — the establishment of 29 new judgeships across Colorado — has come down in cost amid broad concerns about the state’s budget deficit. Chief Justice Monica M. Márquez and State Court Administrator Steven Vasconcellos previously informed the Joint Budget Committee that the cost of…
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Colorado Supreme Court rejects effort to let judges restrict defense lawyers’ work on postconviction claims
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The Colorado Supreme Court clarified on Monday that trial judges cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is illegal, new evidence has come to light or their conviction violated the U.S.…
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Colorado Supreme Court wary of letting judges restrict defense lawyers’ work on postconviction claims
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Members of the Colorado Supreme Court seemed sympathetic last week to the idea that trial judges, under the current rules for criminal cases, cannot restrict defense attorneys from investigating postconviction claims their clients raise when at least one of the claims has merit. Convicted defendants may seek postconviction relief for specific reasons, including that their sentence is…
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Colorado’s federal trial court selects 2 new magistrate judges
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Colorado’s federal trial court announced on Monday that it has named public defender Timothy P. O’Hara and prosecutor Cyrus Y. Chung to be its newest magistrate judges, filling one current and one pending vacancy. Unlike district judges, who the president nominates and the U.S. Senate confirms, magistrate judges serve eight-year terms following an appointment by…
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Colorado justices, 4-3, reject defendant’s challenge to biased judge
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Although the Colorado Supreme Court acknowledged on Monday that a Saguache County judge was disqualified by law from presiding over a criminal case because she briefly represented the defendant before her appointment to the bench, a majority concluded there was nothing it could do because the defense knew about the conflict and stayed silent. By…
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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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The federal appeals court based in Denver concluded on Tuesday that a trial judge should have held a hearing to explore whether factors beyond an incarcerated man’s control prevented him from challenging his sentence within the required window. Michael Robert Stevens is serving a 56-month prison sentence after pleading guilty to possessing pipe bombs and…
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10th Circuit finds judge prematurely dismissed prisoner’s challenge to sentence
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The federal appeals court based in Denver concluded on Tuesday that a trial judge should have held a hearing to explore whether factors beyond an incarcerated man’s control prevented him from challenging his sentence within the required window. Michael Robert Stevens is serving a 56-month prison sentence after pleading guilty to possessing pipe bombs and…
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Cyberattack disables Colorado public defender office’s network
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A malware attack on the state public defender’s computer system last week has resulted in the disabling of the office’s network, the office confirmed on Monday. A spokesperson for the Judicial Department said the courts themselves were not affected by the cyberattack. “As a preventative measure, we temporarily disabled our computer network and are working…
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Colorado justices spar over need for new trial due to biased judge
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When public defender Amanda C. Hopkins appeared in Saguache County District Court on April 17, 2018, her client failed to show up. The hearing was over in a matter of minutes. Records at the time did not document her brief substitution for the regular public defender assigned to the case. Three months later, Hopkins became…
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Judicial discipline proposal draws Colorado lawmaker skepticism
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During a legislative oversight hearing on Friday, judicial leaders revealed that a man who broke into the Ralph L. Carr Colorado Judicial Center earlier this month caused $35 million in damage, resulting in several offices being off-limits for months to come. Chief Justice Brian D. Boatright told members of the House and Senate judiciary committees…
