CLICS/CLICS2026A/commsumm.nsf
PUBLIC
BILL SUMMARY For RETENTION OF COUNSEL PROCESS
JOINT COMMITTEE COMMITTEE ON LEGAL SERVICES
Date Oct 12, 2026
Location HCR 0112
Retention of counsel process - Temporary Modification Approved
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10:50:08 AM |
Chair Mabrey stated
that he is open to adopting a long-term policy today relating to retention
of counsel generally but voiced that he is more inclined to have a conversation
today and then adopt a long-term policy at a later date, at which time
the OLLS could present the Committee with some concrete options. |
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10:55:29 AM |
The Committee discussed
the possibility of changing the current hourly rate, as well as the possibility
of adding to the roster of attorneys. The ideas discussed included: (1)
Moving away from having one uniform rate and instead adopting a rubric
or decision matrix where the appropriate rate would be determined from
a range of rates based on the complexity of each case and the representation
needed; (2) the OLLS hiring attorneys for the purpose of having legal expertise
on hand for litigation; and (3) the OLLS having contracts with certain
practitioners or firms practicing in certain areas of law.
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11:18:32 AM |
Committee members
discussed specific information they want the OLLS to research and provide
for the Committee's next discussion.
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11:36:20 AM |
Chair Mabrey emphasized
several points that had been made and voiced his appreciation for the idea
of developing a matrix for hourly rates rather than having a set baseline.
He then recommended that for actions or proceedings on or after today until
a new standard is adopted, the Committee authorize the OLLS to recommend
counsel who are not on the current roster and that the Committee waive
the fixed hourly rate for attorney fees until a new policy is adopted. |
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11:42:05 AM |
Chair Mabrey also
requested that the OLLS provide the Committee with a memorandum detailing
the information and research Committee members requested.
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11:43:58 AM
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Motion |
Under its authority in section 2-3-1001, C.R.S., and Committee on Legal Services Rule 10, I move that, for any action or proceeding filed on or after today and until the Committee adopts a new standard: 1. The Committee on Legal Services authorize the Office of Legislative Legal Services to recommend counsel who are not on the current roster of approved attorneys; and 2. The Committee waive its fixed hourly rate for attorney fees. |
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| Moved |
Frizell |
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| Seconded |
Carter |
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Camacho |
Yes |
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Carson |
Yes |
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Carter |
Yes |
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Gonzales J. |
Yes |
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Luck |
Yes |
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Roberts |
Yes |
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Soper |
Yes |
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Weissman |
Yes |
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Frizell |
Yes |
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Mabrey |
Yes |
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YES: 10 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS
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