Date: 02/22/2010
Final
Briefing by the State Public Defender
COMMITTEE ON JOINT JUDICIARY
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08:36 AM -- Briefing by the State Public Defender
Mr. Doug Wilson, State Public Defender, introduced himself. He was joined by Mr. Doug Tracey, the Chief Administrative and Operations Officer. Mr. Wilson distributed a copy of the office's presentation (Attachment B). He also distributed a letter from the Colorado Lawyers Committee concerning the unconstitutionality of section 16-7-301 (4), Colorado Revised Statutes (Attachment C).
Mr. Wilson described a recent conference concerning defense counsel for indigent persons. He spoke about the rights of persons who are accused of crimes. Mr. Wilson described the Office of the State Public Defender; he stated that the office's sole mission is to provide effective representation to the criminally accused who are determined to be indigent. He spoke about the effects of the economic downturn on the number of cases closed and on the office's staffing shortages. He provided statistics concerning the office's caseload. Mr. Wilson described the budget cuts at the office and explained the effects of such cuts. He compared his office's budget to the budgets of other state agencies. He described statistics concerning the population of offenders at the Department of Corrections.
08:45 AM
Mr. Wilson continued his presentation. He asked the committee to consider a couple of questions when considering bills: (1) does the issue addressed by the bill really need to be a crime, or is it yesterday's headline? and (2) if a new crime is necessary, does it have to be classified as a felony? He spoke about real reform versus low-hanging fruit. He discussed the importance of evidence-based practices that divert individuals from prison. He listed several examples of budget-reducing reforms.
08:48 AM
Mr. Wilson responded to questions from Representative Pace concerning how the Office of the State Public Defender's budget compares to the budget of district attorneys. He responded to further questions concerning the effects of problem-solving courts. He addressed a question from Representative Waller concerning the relationship between sentencing reform and public safety.
08:53 AM
In response to comments from Representative Levy, Mr. Wilson provided background information on Attachment C. He discussed the increase in caseload that would be likely if the statute in question is found to be unconstitutional. Discussion turned to Senate Bill 09-286, which was significantly amended and enacted during the 2009 session. Mr. Wilson described the process for declaring a case overload at the Office of the State Public Defender.
09:02 AM
Senator Carroll asked for Mr. Wilson's reaction to legislation introduced during the 2010 session. Mr. Wilson said that he would not testify against any bills recommended by the Colorado Commission on Juvenile Justice, but he believes that the cost savings from such bills will be very small compared to the cost savings that would have been realized from Senate Bill 09-286, as introduced. He indicated that many of the current bills only address low-hanging fruit, and will not direct savings towards the Office of the State Public Defender.
09:04 AM
Mr. Wilson responded to questions from Representative Waller concerning additional funds that were appropriated to the Office of the State Public Defender during the 2009 session. Mr. Wilson responded to questions from Senator Newell concerning the Rothgery v. Gillespie County case. Representative Levy praised the work of the Office of the State Public Defender.