S_JUD_2022A 02/23/2022 10:35:33 AM Committee Summary

Senators Lee and Gonzales, co-prime sponsors, explained Senate Bill 22-128, concerning addressing implicit bias in jury selection in criminal proceedings.   The bill sponsors discussed the jury selection process, preemptory challenges, and implicit bias. 

Tristan Gorman, representing Colorado Criminal Defense Bar, testified in support of the bill.  She discussed the bill's application and explained challenges for cause, in addition to other steps in the jury selection process.   She also noted that the Colorado Supreme Court Rules Committee discussed this topic as a potential rule change but did not act upon it  

District Attorney John Kellner, representing 18th Judicial District, testified in opposition to the bill. He raised concerns about preemptory challenges. 

District Attorney Gordon McLaughlin, representing CDAC, testified in opposition to the bill.  He expressed concerns about the fiscal note.

Mrs. Amanda Gall, representing 1st Judicial District Attorneys' Office, testified in opposition to the bill.  She recommended additional stakeholder input and noted that the bill as written will have unintended consequences.

Mr. Michael Rourke, representing 19th JD District Attorneys Office (Weld County), testified in opposition to the bill.  He discussed concerns about skewing juries. 

Committee members asked questions about civil trials and the rules committee referenced earlier. 

Committee members asked procedural questions and witnesses explained the differences the bill would make to current practice..   

Further discussion followed about racial bias, judicial discretion, and training. 

Mr. Robert Russel, representing 2nd Judicial District Attorney's Office (Denver DA), testified in opposition to the bill. He discussed the Colorado Supreme Court Rules Committee and raised concerns about costs and civil trials. 

Mr. Michael Dougherty, representing 20th Judicial District Attorneys Office, testified in opposition to the bill.  He expressed concerns that bill may have a negative impact on victims and community safety. 

Committee discussion followed about the rules committee and statewide district attorney opposition. 

Ms. Joyce Akhahenda, representing Colorado State Public Defender/Sam Cary Bar Association, testified in support of the bill.  She noted that the jury process will benefit with more people of color serving.

Mr. Kevin McGreevy, representing self, testified in support of the bill.   He discussed the rules committee.

Ms. Ann Roan, representing Colorado Criminal Defense Bar, testified in support of the bill. She discussed the constitutional right to participate on a jury, among other matters. 

Committee discussion ensued about irrational acquitals, victims, and gender in implicit bias. 

Further discussion followed about rebuttals, conclusive presumptions, training, fiscal impact, and projected time restraints. 

The committee asked questions about how the bill would provide an objective test and streamline the jury selection process.  The fiscal impact was brought up again and associated assumptions. 

The bill sponsors asked the bill to be laid over.