S_JUD_2022A 04/21/2022 02:03:49 PM Committee Summary

Senators Fields and Gardner, co-prime sponsors, presented HCR22-1005, submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning judges of the newly created twenty-third judicial district, and, in connection therewith, directing the governor to designate judges from the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district and requiring a judge so designated to establish residency within the twenty-third judicial district.

Steven Vasconcellos, representing Colorado Courts, testified in support of the bill. He answered questions about judicial workload and population studies. 

Jefferey Riester, representing Department of Law, testified in support of the bill.

The bill sponsors made closing remarks

Senator Lee, bill sponsor, presented Senate Bill 22-212, concerning the nonsubstantive revision of statutes in the Colorado Revised Statutes, as amended, and, in connection therewith, amending or repealing obsolete, imperfect, and inoperative law to preserve the legislative intent, effect, and meaning of the law.  Senator Lee explained the need and purpose of the bill. 

Senator Lee distributed Amendment L. 001 (Attachment A).  Jennifer Gilroy, Office of Legislative Legal Services, explained the amendment.

Committee members thanked the bill drafters for their hard work. 

Senator Lee made closing remarks. 

Senator Gonzales, bill sponsor, explained House Bill 22-1272, concerning the repeal of the provision awarding a defendant attorneyfees in a tort action  when the case is dismissed on a motion of the defendant prior to trial. She discussed Rule 12(b) motions to dismiss and attorneys' fees. 

Committee members inquired about about access to justice, awards for attorneys' fees, grounds for 12(b) motions to dismiss, in addition to other jurisdictional-related questions. 

Senator Gonzales referenced Amendment L. 004 (Attachment B ) about cross and counter claims.

Rachel Bender, representing Colorado Municipal League, testified in opposition to the bill.  She discussed defendants and financial burdens. 

Committee members asked questions about 12(b)(5) motions to dismiss, governmental immunity, and subject-matter jurisdiction.  Discussion ensued about claims and sufficient facts, and the frequency of collection and award fees associated with 12(b)(5) judgements. 

Lonnie and Sandy Phillips, representing self, testified to amend the bill. They discussed Colorado law and the reward of attorneys' fees. 

Committee members asked questions about claims, counsel, and attorneys' fees. 

Kenneth Maestas, representing The Colorado Cross Disability Coalition (CCDC), testified in support of the bill.

Mr. Brad Levin, representing CTLA, testified in support of the bill.

Committee discussion ensued about motion to dismiss practices in other states.  Questions were asked about individual and business litigants and tort claims. 

Ms. Claire Hunter, representing HKM Employment Attorneys, testified in support of the bill. 

Sam Cannon, representing himself - Trial Lawyers, testified in support of the bill.

Committee members asked questions about practices in other states and litigation. 

Senator Gonzales returned to Amendment. L004, referenced earlier in the hearing (Attachment B). 

The bill sponsor and committee members made closing remarks.

Senator Gonzales, bill sponsor, presented Senate Bill 22-204, concerning repealing the requirement that the federal government confirm certain persons' statuses before issuance of an identification document, and, in connection therewith, making an appropriation. 

Ms. Joy Athanasiou, representing self, testified in support of the bill.  She explained that the bill eliminates a redundant verification step that will save the Department of Motor Vehicles money. 

Committee members asked questions about the fiscal note and the time involved to verify identification documents. 

Ms. Rosalie Johnson, representing DOR/DMV/DL, was available to answer committee questions. She

She answered committee questions about the extent of cost savings if the bill passes. 

Senator Gonzales made closing remarks. 

Senators Lee and Rodriguez, co-prime sponsors, presented House Bill 22-1067, concerning clarifying changes to measures that ensure defendants have a prompt bond hearing, and, in connection therewith, making and reducing an appropriation.  They explained that the bill requires municipal courts to hold a bond hearing within 48 hours. 

Jason Lantagne, representing City of Westminster, Presiding Judge, testified to amend the bill.  He raised concerns about deadlines, staffing, and court costs.

Committee members asked questions about costs, timing, staffing, and other barriers to holding bond hearings within 48 hours.  Discussion followed about municipal court offenses. 

Judge Corin Flannigan, representing Colorado Municipal Judges Association, testified to amend the bill.  He discussed municipal court operations

HayDen Kane, representing City of Colorado Springs, testified to amend the bill. He discussed unfunded mandates and municipal court operations.

Committee members asked questions about bond schedules, failure to appear (FTA) rates, and municipal court offenses. 

Elisabeth Epps, representing Colorado Freedom Fund, testified in support of the bill. She distributed a handout in support of 48 hour municipal bond hearings (Attachment C).

Conor Johnson, representing Mental Health Center of Denver, testified in support of the bill. He discussed low level offenses and homelessness. 

Mr. Richard Orona, representing self, testified in support of the bill.

Committee members asked the panel questions about jail dockets.  Discussion followed about complications that arise from being held in jail awaiting a bond hearing, such as those related to housing and work. 

Further discussion ensued about FTA rates and municipal and county domestic violence cases. 

Catherine Mabrey, representing self, testified in support of the bill.

Jefferey Riester, representing Department of Law, testified in support of the bill. He discussed the district attorney grant program as outlined in the bill. 

Mr Arnold Hanuman, representing Colorado District Attorneys’ Council, testified in support of the bill.  He discussed the district attorney grant program and administrative hurdles. 

Committee discussion followed about funding. 

Meghan MacKillop, representing Colorado Municipal League, testified in a neutral position on the bill.  She discussed municipal court concerns and compromises with the bill. 

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill.  She discussed statewide consistency and fairness.  She distributed a handout from the ACLU about a related bill from 2017 (Attachment D). 

Committee members asked questions about bond schedules, sentences, and municipal domestic violence offenses. 

Committee discussion ensued about due process.

Further discussion followed about the bill's application, funding, FTAs, and higher level offenses in municipal courts. 

Senator Gardner distributed and explained Amendment L. 010, which addresses Friday and weekend jail bookings (Attachment E). 

Senator Gardner distributed and explained Amendment L.011 that alters the time frame for the bond hearings (Attachment F). 

Committee members made additional closing remarks. 

Senator Lee redirected the bill to the Committee on Appropriations. 

Senators Gardner and Lee, co-prime sponsors, brought forth amendments to Senate Bill 22-201 concerning the Committion on Judicial Discipline.  The bill was first heard in committee on April 14, 2022.  

Senator Gardner distributed and explained Amendment L. 001 regarding the interim committee report to Legislative Council (Attachment G).

Senator Lee distributed and explained Amendment L. 002 regarding fraud investigations (Attachment H). 

Senator Lee distributed and explained Amendment L. 015 about the Commission on Judicial Discipline's location and office support.  The amendment also covered information sharing, external complaints, routing, confidential and privileged information, and  victim-centered support (Attachment I). 

Discussion followed about the amendment.

Senator Gardner distributed and explained Amendment L. 016 regarding consensus voting (Attachment J). 

Senator Gardner distributed and explained Amendment L. 017 regarding limits to judicial discipline (Attachment K). 

Senator Lee distributed and explained Amendment L. 018  regarding definitions of rules and the composition of the interim committee (Attachment L). 

Senator Gardner distributed and explained Amendment L. 011 about the commission and representation by the Attorney General (Attachment M). 

The bill sponsors made closing comments about the stakeholder process and urged a yes vote.