- Amended Complaint (February 25, 2011)
- Defendant’s Motion to Dismiss Amended Complaint (April 29, 2011)
- Plaintiff’s Response to Defendant’s Motion to Dismiss (June 27, 2011)
Colo. Rev. Stat. § 16-7-301(4) provided that, in misdemeanors, petty offenses and traffic offenses an indigent defendant’s “application for appointment of counsel and the payment of the application fee shall be deferred until after the prosecuting attorney has spoken with the defendant”. It then requires the prosecuting attorney to “tell the defendant any offer that can be made based on the facts as known by the prosecuting attorney at that time.” It also permits the prosecuting attorney to “engage in further plea discussions about the case” and charges the prosecutor with advising the defendant that they have “the right to retain counsel or seek appointment of counsel.”
The Colorado Criminal Defense Bar and the Colorado Criminal Justice Reform Coalition alleged that the statute violates the Sixth and Fourteenth Amendments to the United States Constitution by deferring the appointment of counsel for indigent criminal defendants until they engage in discussions with prosecuting attorneys regarding potential plea offers.
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