Colorado

More Coloradoans requiring public defense attorneys

BY Jon Mosher on Thursday, January 27, 2011 at 3:22 PM

The Denver Post reports that, even as the number of criminal prosecutions across the state has decreased, the Colorado State Public Defender is facing a record-high number of clients to defend.  This paradox, likely common throughout the nation, has a simple explanation.  The downturn in the economy has caused many people to lose their jobs, which in turn means that more people are falling into poverty.  When these people are cited or arrested for alleged violations of the law, increasingly larger percentages of them qualify for public representation.  So, even as fewer people overall are being prosecuted, more and more of them are financially incapable of hiring a private attorney.

Douglas K. Wilson

Speaker's Last Name: 
Wilson
Title: 
Colorado State Public Defender
Organization: 
Colorado State Public Defender System
Address
Street: 
1290 Broadway, Suite 900
City: 
Denver
State: 
Colorado
Zip Code: 
80203
Phone: 
303-764-1400
Fax: 
303-764-1478
Photo: 

Mr. Wilson obtained his Bachelor's Degree in Business Administration from Eastern Kentucky University in 1978.  He attended the University of Cincinnati College of Law, obtaining his J.D. in May of 1981.

Gideon Alert: Lawsuit challenges Colorado law refusing appointment of counsel until after clients meet with DA

BY David Carroll on Sunday, December 12, 2010 at 12:31 PM

Colorado is the only state in the country that statutorily requires indigent defendants in misdemeanor cases to consult with prosecutors about plea deals before they can receive their constitutional right to counsel.  Colo. Rev. Stat. § 16-7-301(4) states that, in misdemeanor cases, the “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.”  The prosecutor is statutorily obligated “to tell the defendant any offer that can be made based on the facts as known by the prosecuting attorney at that time.”

On July 1, 2008, the Colorado State Court Administrator and the State Public Defender jointly requested a formal opinion from the state Attorney General on the constitutionality of the law requiring misdemeanor defendants to delay appointment of counsel until after speaking with a prosecutor about a plea deal.  Attorney General response included.

Author/Organization: Colorado State Court Administrator and the State Public Defender
Publication Date: 07/01/2008

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On December 2, 2010 the Colorado Criminal Defense Bar and the Colorado Criminal Justice Reform Coalition filed a federal lawsuit against Governor Bill Ritter challenging the constituionality of a law requiring misdemeanor defendants to delay appointment of counsel until after they have spoken to a prosecutor about a plea deal.

Author/Organization: Colorado Criminal Defense Bar and Colorado Criminal Justice Reform Coalition
Publication Date: 12/02/2010

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

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Lindy Frolich

Speaker's Last Name: 
Frolich
Title: 
Director
Organization: 
Colorado Alternate Defense Counsel
Address
Street: 
1580 Logan #330
City: 
Denver
State: 
Colorado
Zip Code: 
80203
Phone: 
(303) 832-5306
Fax: 
(303) 832-5314
Photo: 

Lindy Frolich is currently the Director of the Alternate Defense Counsel (ADC) in the State of Colorado.  She began her legal career as a deputy public defender in Colorado, where she practiced as both a trial and appellate lawyer.  Before joining the ADC, Lindy managed a private practice, specializing in criminal and juvenile delinquency cases, on both the trial and appellate levels.