Date: 10/28/2013

Final
Opening Comments - Public Testimony

JUVENILE DEFENSE ATTORNEY

Votes: View--> Action Taken:
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09:05 AM -- Opening Comments - Public Testimony

Representative Levy, chair, called the meeting to order. Senator Guzman thanked the committee for its work throughout the interim. Representative Levy announced that the committee would take public testimony and then discuss proposed draft legislation. Copies of the Draft Interim Resolution, Bill 1, Bill 2, and Bill 3 were distributed to the committee (Attachments A, B, C, and D, respectively). Senator Steadman replaced Senator Hudak on the committee for the meeting. Doug Wilson, representing the Office of the State Public Defender (OSPD) sat in for Frances Brown.

13JuvDefense1028AttachA.pdf13JuvDefense1028AttachA.pdf 13JuvDefense1028AttachB.pdf13JuvDefense1028AttachB.pdf

13JuvDefense1028AttachC.pdf13JuvDefense1028AttachC.pdf 13JuvDefense1028AttachD.pdf13JuvDefense1028AttachD.pdf


09:07 AM -- Professor Robin Walker Sterling from the University of Denver Sturm College of Law came to the table to discuss the committee's draft legislation. She discussed the evolution of juvenile justice systems since the Supreme Court case In re: Gault in 1967. She discussed the difference between rehabilitative and punitive justice systems and expressed her wish that Colorado have a more rehabilitative juvenile justice system.

09:15 AM -- Cori Alcock and Sarah Ericson, representing the 18th Judicial District Attorney's Office, came to the table to discuss the committee's draft legislation. Ms. Ericson stated that she is concerned about requiring all juveniles to have an attorney and that juveniles have a constitutional right to defend themselves. She stated that she is concerned about adding social workers to public defender's offices and how that would function practically. She asked that the committee not move forward with any of the proposed legislation in its current form. Ms. Alcock stated that she echoes Ms. Ericson's comments. Ms. Ericson responded to questions from Representative Lee about why she opposes Bill 2 and Bill 3 (Attachments C and D).


09:24 AM

Ms. Ericson stated that there are already multiple social workers assigned to juvenile cases and that she is concerned that it is only duplicating evaluations. She discussed Bill 1's proposal concerning the advisement of rights (Attachment B). Ms. Ericson responded to questions from Senator Harvey about what she thinks would be adequate and stated that focusing on human services is more important than waiting until a juvenile is in the justice system. Ms. Weinerman addressed comments that Ms. Ericson made regarding guardians ad litem. Representative Levy addressed Ms. Ericson's comments regarding the waiver of counsel and stated that the committee received multiple sources of testimony that said waivers of counsel are pro forma and many juveniles did not feel they were knowing and informed.

09:33 AM -- George Brauchler, representing the 18th Judicial District Attorney's Office, came to the table to discuss the committee's draft legislation. He discussed the demographic make-up of the 18th Judicial District and stated that he feels the proposed legislation is a statewide solution that does not fit each individual jurisdiction. Mr. Brauchler stated that he does not feel the legislation takes into account the work that Colorado has already done in the area of juvenile justice. He stated that there is a deliberate distinction between juvenile and adult justice systems. Mr. Brauchler stated that the proposed legislation will slow down the system.


09:41 AM

Mr. Brauchler continued to discuss the proposed legislation and gave statistics regarding the number of juvenile cases in Douglas County. He stated that it is important to note that increased numbers of public defenders will also require more judges, magistrates, and administrative support that counties will be required to pay for. Ms. Dvorchak discussed Mr. Brauchler's comments and her experience court watching in Arapahoe County. Mr. Brauchler and Ms. Dvorchak discussed what the overall goals of the juvenile justice system are and what they believe they should be. Representative Levy stated that the goal of the committee is not necessarily to make the system more expedient, but to see that juveniles have an opportunity to receive adequate representation.


09:51 AM

Representative Levy and Mr. Brauchler discussed his statements regarding parental responsibility and a juvenile's legal interests. Ms. Lilgerose discussed her experience in the Arapahoe County juvenile justice system and how difficult it is for a parent to adequately represent a child's legal interests without an attorney.