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Issue Briefs

Competency for Criminal Trial in Colorado

Competency to stand trial, refers to the constitutional requirement that people facing criminal charges must be able to assist in their own defense. A criminal case cannot be adjudicated unless this requirement is met. The U.S. Supreme Court considers an individual competent to stand trial if they are rationally able to consult with an attorney and hold a clear understanding of the charges against them. 1 1Dusky v. United States, 362 U.S.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement

Issue Briefs

Law Enforcement Liability

Under the Colorado Governmental Immunity Act (CGIA), public entities and employees are generally immune from liability in all claims except those specifically provided for in state law. In 2020, national and local public demonstrations against excessive use of force by law enforcement prompted the passage of Senate Bill 20-217 which limits qualified immunity for law enforcement officers. This issue brief provides an overview of law enforcement officer actions that are subject to civil or criminal liability.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial
  • State Government

Issue Briefs

Citizens Guide to Judicial Complaints (18-01)

What can a person do if he or she feels that an attorney or judge in a legal matter acted unprofessionally?  In Colorado, there are formal complaint processes to review the conduct of attorneys and judges and to administer discipline when warranted.  Additionally, voters can choose whether to retain or dismiss judges who are up for retention in an election.  This issue brief provides an overview of these complaint and retention processes.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial

Issue Briefs

Judicial Performance Evaluation Process

 There are 324 justices and judges in Colorado.  Seven justices preside over the Supreme Court and issue binding majority decisions on lower court rulings.  Additionally, 317 judges preside over other various courts, including the Court of Appeals (22 judges), district courts (181 judges), and county courts (114 judges). 

 

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Courts & Judicial
  • State Government

Issue Briefs

Civil Asset Forfeiture

Recent federal policy changes have increased public awareness of asset forfeiture, a process through which a law enforcement agency can seize property that may have been involved in a criminal action.  While federal policy affects federal seizures in the state, Colorado law governs how state and local agencies participate in seizure actions.  This issue brief summarizes Colorado and federal civil asset forfeiture laws.

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement

Issue Briefs

Civil Asset Forfeiture Laws

Recent federal policy changes have increased public awareness of asset forfeiture, a  process  through  which  a  law  enforcement agency can seize property that may have been involved  in  a  criminal  action.  

Release date:
Publishing Agency:
Legislative Council Staff
Subjects:
  • Civil Law
  • Crimes, Corrections, & Enforcement