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: 2025-11-28 Publishing Agency: Legislative Council Staff Subjects: Civil Law Courts & Judicial Crimes, Corrections, & Enforcement Download File
Issue Briefs Judicial Discipline Judges are responsible for interpreting laws and making decisions that significantly affect people's lives. Because of this, judges must adhere to strict ethical codes in both their professional and personal lives to uphold public confidence in the integrity of the judicial system. When judges fail to meet these standards, judicial discipline systems investigate and address complaints of misconduct. This issue brief describes the judicial discipline process in Colorado. Release date: 2025-09-08 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Download File
Issue Briefs Overview of the Office of the Attorney General The Attorney General is a statewide elected official who acts as the chief legal representative of the state and the chief executive officer of the Department of Law. The Attorney General and the Department of Law together are known as the Colorado Attorney General’s Office. This issue brief provides an overview of the office’s functions. Release date: 2024-11-25 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial State Government Download File
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: 2023-08-24 Publishing Agency: Legislative Council Staff Subjects: Civil Law Courts & Judicial State Government Download File
Issue Briefs Extreme Risk Protection Orders (19-08) This issue brief provides an overview of extreme risk protection orders, including what they are, how they are used, and how Colorado's proposed law compares to other states. It also addresses other types of protection orders authorized in Colorado law. Release date: 2019-03-28 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Crimes, Corrections, & Enforcement Download File
Issue Briefs Statutes of Limitations for Criminal Offenses (18-18) A statute of limitations is a law that specifies the maximum length of time allowed for a victim or prosecutor to initiate legal proceedings. Such a statute may apply in either criminal or civil cases. This issue brief provides an overview of criminal statutes of limitations, including exceptions, recent changes to sex crime prosecution time frames, and laws specific to Colorado. Release date: 2018-11-07 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Crimes, Corrections, & Enforcement Download File
Issue Briefs Judicial Selection and Retention (18-12) The Colorado Constitution allows voters to decide whether justices and judges stay on the bench after they have been appointed and have had time to establish a judicial record by serving an initial term. Some form of this process, otherwise known as the merit selection and retention of justices and judges, is used in the majority of states. The intent is to emphasize judicial qualifications over political or social connections. Release date: 2018-09-18 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Download File
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: 2018-02-08 Publishing Agency: Legislative Council Staff Subjects: Civil Law Courts & Judicial Download File
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: 2017-11-15 Publishing Agency: Legislative Council Staff Subjects: Civil Law Courts & Judicial State Government Download File
Issue Briefs Persons with Mental Illness in the Criminal Justice System - Colorado's Response This issue brief outlines Colorado's efforts to address issues associated with persons with mental illness in the criminal justice system. Release date: 2017-02-06 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Crimes, Corrections, & Enforcement Human Services Public Health Download File
Issue Briefs Colorado Judges (2016) Colorado’s state court system is comprised of many different courts, including the Supreme Court, the Court of Appeals (COA), and district courts. Colorado law also governs county courts and jurisdiction-specific courts in Denver.1 This issue brief describes the qualification requirements and appointment, retention, and disciplinary processes for Colorado judges. Release date: 2016-11-28 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Local Government State Government Download File
Issue Briefs Colorado Probate Law (2016) Probate is a general term referring to a court procedure by which a person's estate is transferred to others. In current usage, "probate" has been expanded to generally include all matters pertaining to administration of estates, including trust administration, guardianships, and conservatorships. This issue brief provides an overview of probate terminology and probate courts, and discusses probate procedures used in different situations. Release date: 2016-04-06 Publishing Agency: Legislative Council Staff Subjects: Courts & Judicial Financial Services & Commerce Download File
Issue Briefs Child Support Enforcement (2014) Child support is a required payment made by a parent for the financial benefit of a child after a divorce or other dissolution of a relationship. This issue brief summarizes how child support orders are issued, details elements of child support enforcement units and various child support enforcement mechanisms, outlines the Colorado ChildSupport CollectionConsumerProtectionAct, and provides information on cases that involve noncustodial parents who live outside Colorado. Release date: 2014-09-09 Publishing Agency: Legislative Council Staff Subjects: Children & Domestic Matters Courts & Judicial Download File