Date: 04/02/2013

Final
HJR13-1019

HOUSE COMMITTEE ON JUDICIARY

Votes: View--> Action Taken:
Adopt amendment L.002 (Attachment B). The motion p
Refer House Joint Resolution 13-1019, as amended, 		Pass Without Objection
PASS



01:38 PM -- HJR 13-1019

Representatives Levy and Navarro, co-sponsors, presented House Joint Resolution 13-1019. This joint resolution creates a 2013 interim committee to study the role of legal defense counsel in the juvenile justice system. The committee is charged with studying issues concerning juvenile justice, including:

The committee shall meet between four and six times in the 2013 interim beginning July 2013. The committee shall consist of six legislative members, three from each house, appointed by May 31, 2013. Additionally, the committee may have up to ten nonvoting, unpaid members who have experience in juvenile proceedings. The joint resolution provides for the appointment of such additional members from certain constituencies with knowledge and experience in juvenile justice, such as the Office of the State Public Defender, juvenile defense attorneys, and parents of youth previously involved in the juvenile court system.

01:43 PM -- Judge Karen Ashby, Denver Juvenile Court, testified about the joint resolution. Judge Ashby discussed her professional background. She distributed a document related to improving court practice in juvenile delinquency cases that was developed by the National Council of Juvenile and Family Court Judges (Attachment A). She responded to questions from the committee about the importance of juvenile courts.

13HseJud0402AttachA.pdf13HseJud0402AttachA.pdf

01:51 PM -- George Brauchler, 18th Judicial District Attorney, testified in support of the joint resolution. Mr. Brauchler discussed changing attitudes about specialization for juvenile prosecutors and defense attorneys. He talked about differences between juvenile and adult offenders. He asked that the joint resolution be amended to include a second representative from the district attorneys in the state. He commented that it would be valuable to have both a rural and urban district attorney perspective. The committee discussed the possibility of adding another member to the interim committee.


02:04 PM

Discussion continued about the expansion of the interim committee membership.

02:05 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified in support of the joint resolution. Ms. Dvorchak spoke about an assessment of access to counsel and quality of representation in juvenile delinquency proceedings conducted by the National Juvenile Defender Center. She discussed the findings of the assessment and provided statistics concerning the representation of juveniles. She responded to questions about jurisdictional and demographic information about unrepresented juvenile offenders. She continued to discuss situations in which juveniles are not represented by counsel in court proceedings. She talked about the power of juvenile courts and the collateral consequences of juvenile delinquency adjudications.


02:19 PM

Ms. Dvorchak responded to questions from the committee.

02:20 PM -- Linda Weinerman, representing the Office of the Child's Representative (OCR), testified in support of the joint resolution. Ms. Weinerman spoke about best interests representation for children. She discussed the unique challenges faced by juvenile offenders in the court system and the collateral consequences of juvenile delinquency adjudications. She talked about situations in which the OCR becomes involved in a juvenile justice case.

02:25 PM -- Juston Cooper, representing the Colorado Juvenile Defender Coalition, testified in support of the joint resolution. Mr. Cooper spoke about a recent Rocky Mountain youth gathering that focused on keeping juveniles out of the criminal justice system. He provided excerpts from comments made by youth at the gathering on the subject of adequate legal representation for juvenile offenders.

02:30 PM -- Peggy Jessel, representing the 20th Judicial District Attorney's Office, testified in support of the joint resolution. Ms. Jessel spoke about her professional background in the area of juvenile defense and prosecution. She discussed the things juvenile prosecutors and defense attorneys need to know about the juvenile justice system. She responded to questions from the committee.

02:38 PM -- Dan Schoen, representing the Colorado Criminal Defense Bar, testified in support of the joint resolution. Mr. Schoen spoke about the 6th Amendment, due process, the diversity of the Colorado juvenile population, and the importance of the participation of attorneys in the justice system.

02:43 PM -- Carla Bennett, representing the Colorado League of Women Voters, testified in support of the joint resolution. Ms. Bennett stated that the creation of an interim committee would benefit the legislature in making sound public policy. She discussed her two sons' experience in the juvenile justice system.

02:47 PM -- Bill Meade, representing himself, testified in support of the joint resolution. Mr. Meade spoke about his family's experience in the juvenile justice system. He expressed his opinion that the system does not always work fairly and honestly.
BILL:HJR 13-1019
TIME: 02:56:51 PM
MOVED:Gardner
MOTION:Adopt amendment L.002 (Attachment B). The motion passed without objection.

13HseJud0402AttachB.pdf13HseJud0402AttachB.pdf
SECONDED:Lawrence
VOTE
Buckner
Court
Gardner
Lawrence
McLachlan
Excused
Murray
Pettersen
Salazar
Wright
Lee
Kagan
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HJR 13-1019
TIME: 02:56:42 PM
MOVED:Salazar
MOTION:Refer House Joint Resolution 13-1019, as amended, to the Committee of the Whole. The motion passed on a vote of 10-0, with 1 excused.
SECONDED:Wright
VOTE
Buckner
Yes
Court
Yes
Gardner
Yes
Lawrence
Yes
McLachlan
Excused
Murray
Yes
Pettersen
Yes
Salazar
Yes
Wright
Yes
Lee
Yes
Kagan
Yes
Final YES: 10 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS