NACDL advocated for legislation to increase police transparency and accountability and to prevent excessive force.

See the various issues on which NACDL has conducted criminal justice advocacy in Colorado. Scroll to the bottom of the page to see active legislation in Colorado that NACDL is tracking. 

Information on the policy and history of recording custodial interrogations in Colorado.

Attorney-client communications federal caselaw and state-specific anecdotal data in Colorado

NACDL issued a groundbreaking new report on restoring and reforming the grand jury system. This research reflects an in-depth study of grand jury reform in two states – New York and Colorado – and produces with four reform recommendations. [Released November 2011]

NACDL's work on pretrial advocacy in Colorado induding the publication of the Colorado Bail Manual. [Released September 2015]

Brief of Amici Curiae Colorado Criminal Defense Bar and National Association of Criminal Defense Lawyers in support of Defendant-Petitioner. 

Argument: Mr. Lucas is held in a county jail without bail pending trial on a charge of first degree murder. In this original proceeding, the Colorado Supreme Court will determine whether the trial erred in denying Mr. Lucas’ motion to require the sheriff to keep professional consultation visits confidential. The Sheriff has a policy to inform the district attorney of the professional consultation visits received by Mr. Lucas. The amicus brief argues that the right to prepare a defense in secret is a necessary corollary to a defendant’s constitutional rights to due process, equal protection, and the effective assistance of counsel. When the prosecution prematurely learns the identity of consulting defense experts, the prosecution gains an unfair advantage in trial preparation, rendering the trial fundamentally unfair. The Sheriff can only provide this information when the defendant is incarcerated pretrial, denying equal protection to indigent and otherwise non-bondable defendants. An express recognition that defendants must be granted a fair opportunity to prepare their defense with sufficient secrecy to protect their pretrial strategy from disclosure is consistent with reciprocal discovery rules which require disclose of defense experts only if they will be called as trial witnesses and with the attorney work-product doctrine. Defense lawyers will also be rendered constitutionally ineffective if forced to alter strategies for consulting with experts solely because a defendant is jailed pretrial.

Presented by: Daniel Zettler, public defender, Salida, CO; Elsa Archambault, public defender, Centennial, CO; Justin Bogan, public defender, Durango, CO; and Sheryl Uhlmann, public defender, Steamboat Springs, CO

Presented by: Chris Bowman, public defender, Grand Junction, CO; and Steven Colvin, public defender, Denver, CO

Policies and rulings on lengthy imprisonment terms in Colorado.

In the instant case, the lack of a causal link between the defendant's actions and murder committed by third-party after defendant was already in police custody does not support felony murder conviction; causation must be an element of proof for felony murder because it restricts the reach of the felony murder rule to those cases where defendant's liability is consistent with established principles of criminal responsibility.

Public defense issues and developments in Colorado

One of the most important factors in reducing unnecessary pretrial confinement is the presence of an effective and zealous attorney to advocate on behalf of the accused at the initial appearance and bail review hearing. The presence of a skilled advocate improves case outcomes and enhances the sense of fairness vital to a healthy criminal justice system.

Brief of Amici curiae National Association of Criminal Defense Lawyers and Colorado Criminal Defense Bar in Support of Petitioner.

Argument: Applying Crim. P. 16 in post-conviction proceedings ensures that post-conviction counsel can fully investigate the case and thereby render effective assistance of counsel. Applying Crim. P. 16 in post-conviction proceedings provides certainty, consistency, and efficiency.

Brief of Amici curiae National Association of Criminal Defense Lawyers and Colorado Criminal Defense Bar in Support of Petitioner.

Argument: Applying Crim. P. 16 in post-conviction proceedings ensures that post-conviction counsel can fully investigate the case and thereby render effective assistance of counsel. Applying Crim. P. 16 in post-conviction proceedings provides certainty, consistency, and efficiency.