Equal justice under the law isn\u2019t just a slogan. It\u2019s a foundational principle of our legal system, and one that is not only compatible with, but essential to, public safety.<\/p>\n
As a former assistant attorney general in Colorado, I am disappointed to say that we are not always living up to this standard of equal justice in our state. Due to a discrepancy that allows law enforcement and judicial officials to arbitrarily charge cases in municipal courts, instead of state court, many defendants are being pushed through secretive proceedings that provide no right to legal counsel and the threat of severe sentences far beyond what state law provides for.<\/p>\n
Lawmakers are now debating House Bill 1147<\/a>, a bill that would bring consistency, fairness, and transparency to a process that desperately needs it. My experience with Colorado law tells me this legislation will benefit both public safety and justice by ensuring that our law enforcement resources and taxpayer dollars are not wasted on unnecessary incarceration.<\/p>\n To understand the importance of HB 1147<\/a>, one need only look at the results of the current system. In municipal court, defendants are not guaranteed a right to legal counsel. This means many people, and disproportionately those without adequate financial means, are forced to go through proceedings without a lawyer while facing jail. Against this backdrop, we have seen municipal court judges in some counties routinely impose long county jail sentences<\/a> for low-level offenses related to poverty and homelessness — up to nearly a year in some cases. If similar charges were heard in a Colorado state court, the sentence would be capped at as low as 10 days, a reflection of the state\u2019s recognition that lengthy jail sentences for crimes of poverty are not in the public interest.<\/p>\n