First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 23-0947.01 Chelsea Princell x4335
HOUSE BILL 23-1280
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
C
ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO101
JUSTICE COMMISSION.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill codifies the Colorado access to justice commission
(commission). The governor, legislative leadership, supreme court of
Colorado, and Colorado legal organizations are to appoint the 17- to
20-member commission. Additionally, the Colorado supreme court justice
liaison, the executive director of Colorado legal services, the executive
director of the legal aid foundation of Colorado, and a representative of
SENATE
3rd Reading Unamended
May 3, 2023
SENATE
2nd Reading Unamended
May 2, 2023
HOUSE
3rd Reading Unamended
April 14, 2023
HOUSE
Amended 2nd Reading
April 13, 2023
HOUSE SPONSORSHIP
Joseph and Soper, Bacon, Bird, Boesenecker, Brown, Dickson, English, Epps, Froelich,
Gonzales-Gutierrez, Hamrick, Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lynch, Marshall,
McCluskie, Michaelson Jenet, Ortiz, Ricks, Titone, Vigil, Weissman
SENATE SPONSORSHIP
Roberts and Gardner, Coleman, Exum, Gonzales, Kirkmeyer, Liston, Lundeen, Moreno,
Pelton B., Pelton R., Priola, Smallwood
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. the Colorado attorney general serve as ex officio nonvoting members of
the commission.
The bill directs the commission to make recommendations
regarding legislative and regulatory changes that could help improve
access to justice for all Coloradans. The commission may hire staff to
facilitate its work.
The bill creates the Colorado access to justice commission cash
fund. The commission is authorized to receive gifts, grants, and donations
to fund the commission's duties.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 5.7 to title2
13 as follows:3
ARTICLE 5.74
Colorado Access to Justice Commission5
13-5.7-101. Legislative declaration. (1) T
HE GENERAL6
ASSEMBLY FINDS AND DECLARES THAT :7
(a) A
CCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW,8
AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC9
AND PRIVATE, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS10
THAT ARE PUBLICLY PROMULGATED , EQUALLY ENFORCED , AND11
INDEPENDENTLY ADJUDICATED . IN THE ABSENCE OF ACCESS TO JUSTICE,12
PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR13
RIGHTS, CHALLENGE DISCRIMINATION , OR HOLD DECISION MAKERS14
ACCOUNTABLE.15
(b) L
ACK OF ACCESS TO JUSTICE IS A PROBLEM THAT HAS SERIOUS16
SOCIAL, LEGAL, ECONOMIC, AND POLITICAL CONSEQUENCES;17
(c) S
INCE 2003, THE COLORADO ACCESS TO JUSTICE COMMISSION18
HAS COLLABORATED WITH ORGANIZATIONS CONCERNED ABOUT THE GAP19
IN ACCESS TO JUSTICE IN COLORADO TO DEVELOP AND SUPPORT A RANGE20
1280-2- OF TOOLS, POLICIES, AND SERVICES TO ADDRESS THIS GAP . THE1
COMMISSION HAS SERVED AS A HUB FOR THE MANY STAKEHOLDERS2
WORKING ON ACCESS TO THE CIVIL LEGAL PROCESS WITHOUT STATUTORY3
ACKNOWLEDGMENT .4
(d) F
ROM 2003 TO THE PRESENT, THE NEED FOR ACCESS TO JUSTICE5
AND THE IMPORTANCE OF IMPROVING ACCESS HAVE GROWN , BUT THE6
CHALLENGES OF ACCESS TO JUSTICE IN COLORADO AND AROUND THE7
NATION HAVE BECOME MORE ACUTE ;8
(e) A
STUDY BY THE INSTITUTE FOR THE ADVANCEMENT OF THE9
A
MERICAN LEGAL SYSTEM AT THE UNIVERSITY OF DENVER FOUND THAT10
ACCESS TO JUSTICE IS A BROAD SOCIETAL PROBLEM , WITH SIXTY-SIX11
PERCENT OF THE AMERICAN POPULATION EXPERIENCING AT LEAST ONE12
LEGAL PROBLEM IN THE PAST FOUR YEARS AND WITH LESS THAN HALF OF13
THOSE PROBLEMS BEING COMPLETELY RESOLVED ;14
(f) P
EOPLE WITH FEWER ECONOMIC RESOURCES ARE A15
VULNERABLE POPULATION DUE TO LACK OF ACCESS TO JUSTICE , AND16
B
LACK, INDIGENOUS, AND OTHER PEOPLE OF COLOR ARE PARTICULARLY17
VULNERABLE AS THEY ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND18
OF GREATER SERIOUSNESS THAN OTHER POPULATIONS , ACCORDING TO THE19
I
NSTITUTE FOR THE ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT20
THE UNIVERSITY OF DENVER. A 2022 STUDY BY THE LEGAL SERVICES21
C
ORPORATION FOUND THAT LOW -INCOME AMERICANS DO NOT RECEIVE22
ANY OR ENOUGH LEGAL HELP FOR NINETY -TWO PERCENT OF THEIR LEGAL23
PROBLEMS.24
(g) I
N RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION25
UNDERTOOK A SYSTEMATIC STATEW IDE STUDY TO BETTER UNDERSTAND26
THE CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL27
1280
-3- PROBLEMS. THE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE1
DIFFERENT LISTEN AND LEARN SESSIONS, MEETING VIRTUALLY WITH LEGAL2
AND COMMUNITY SERVICE PROVIDERS IN EACH OF COLORADO'S3
TWENTY-TWO JUDICIAL DISTRICTS. THE STUDY REVEALED THAT, DUE TO4
THE COMPLEXITY OF LEGAL MATTERS AND THE PROHIBITIVE COST OF5
LEGAL HELP, BARRIERS TO ACCESS IMPACT COLORADANS OF ALL6
BACKGROUNDS AND FROM ALL WALKS OF LIFE .7
(h) T
HE COVID-19 PANDEMIC REQUIRED EXPERIMENTATION AND8
INNOVATION IN COLORADO'S COURT SYSTEM AND ELSEWHERE ,9
UNCOVERING WAYS THAT THE LEGAL SYSTEM CAN WORK BETTER FOR10
PEOPLE AND ORGANIZATIONS WITH LEGAL NEEDS ; AND11
(i) T
HERE IS AN INTERSECTION OF NEED AND OPPORTUNITY WITH12
RESPECT TO ACCESS TO CIVIL JUSTICE FOR ALL COLORADANS, SUCH THAT13
THE COMMISSION'S ONGOING WORK MERITS STATUTORY REC OGNITION ,14
INFORMING THE GOVERNOR AND GENERAL ASSEMBLY THR OUGH REGULAR ,15
SYSTEMATIC INPUT FROM THE COMMISSION .16
(2) T
HEREFORE, THE GENERAL ASSEMBLY RECOGNIZES THAT17
ACCESS TO CIVIL COURTS IS A PILLAR OF DEMOCRACY AND ENACTS THIS18
ARTICLE 5.7 TO CODIFY THE COLORADO ACCESS TO JUSTICE COMMISSION19
AND AFFIRM ITS COMMITMENT TO EQUITABLE ACCESS TO THE CIVIL LEGAL20
PROCESS.21
13-5.7-102. Definitions. A
S USED IN THIS ARTICLE 5.7, UNLESS22
THE CONTEXT OTHERWISE REQUIRES :23
(1) "C
OMMISSION" MEANS THE COLORADO ACCESS TO JUSTICE24
COMMISSION ESTABLISHED PURSUANT TO SECTION 13-5.7-103.25
(2) "F
UND" MEANS THE COLORADO ACCESS TO JUSTICE CASH FUND26
CREATED IN SECTION 13-5.7-105.27
1280
-4- 13-5.7-103. Colorado access to justice commission - creation1
- membership - operation. (1) T
HERE IS CREATED THE COLORADO2
ACCESS TO JUSTICE COMMISSION, WHICH HAS THE POWERS AND DUTIES3
SPECIFIED IN THIS ARTICLE 5.7.4
(2) (a) T
HE COMMISSION CONSISTS OF:5
(I) A
T LEAST SEVENTEEN BUT NO MORE THAN TWENTY VOTING6
MEMBERS, AS FOLLOWS:7
(A) A
T LEAST EIGHT BUT NO MORE THAN TEN MEMBERS APPOINTED8
BY THE COLORADO BAR ASSOCIATION ;9
(B) A
T LEAST THREE BUT NO MORE THAN FOUR MEMBERS10
APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT OF COLORADO;11
(C) O
NE MEMBER APPOINTED BY THE GOVERNOR ;12
(D) O
NE MEMBER APPOINTED BY THE PRESIDENT OF THE13
C
OLORADO SENATE;14
(E) O
NE MEMBER APPOINTED BY THE SPEAKER OF THE COLORADO15
HOUSE OF REPRESENTATIVES;16
(F) O
NE MEMBER APPOINTED BY COLORADO LEGAL SERVICES, A17
NONPROFIT AGENCY, OR ITS SUCCESSOR AGENCY;18
(G) O
NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST19
A
CCOUNT FOUNDATION, OR ITS SUCCESSOR AGENCY; AND20
(H) O
NE MEMBER APPOINTED BY THE LEGAL AID FOUNDATION OF21
C
OLORADO, OR ITS SUCCESSOR AGENCY; AND22
(II) A
T LEAST FOUR NONVOTING , EX OFFICIO MEMBERS ,23
INCLUDING:24
(A) T
HE COLORADO SUPREME COURT JUSTICE LIAISON ;25
(B) T
HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR26
ITS SUCCESSOR AGENCY;27
1280
-5- (C) THE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF1
C
OLORADO, OR ITS SUCCESSOR AGENCY; AND2
(D) A
REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL3
APPOINTED BY THE CHAIR OF THE COMMISSION .4
(b) N
OTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE5
COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR6
LONG-SERVING, RETIRING COMMISSIONERS.7
8
(c) THE APPOINTING AUTHORITIES SHALL NAME THE INITIAL9
MEMBERS TO THE COMMISSION BY SEPTEMBER 1, 2023. MEMBERS OF THE10
COMMISSION SERVE THREE-YEAR TERMS AND MAY BE REAPPOINTED BY11
THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS .12
M
EMBERS OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE13
APPOINTING AUTHORITIES FOR CAUSE . IF A VACANCY OCCURS ON THE14
COMMISSION, THE APPOINTING AUTHORITY FOR THE MEMBER WHOSE15
POSITION IS VACATED SHALL APPOINT A MEMBER TO FILL THE VACANT16
POSITION.17 (d) THE COMMISSION SHALL SELECT A CHAIR AND VICE -CHAIR OF18
THE COMMISSION FROM ITS MEMBERSHIP .19
(3) M
EMBERS OF THE COMMISSION SERVE WITHOUT20
COMPENSATION BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND21
NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL22
DUTIES AS MEMBERS OF THE COMMISSION .23
(4) T
HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE24
FOR ITS EFFECTIVE OPERATION.25
(5) T
HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE26
FOR COMMISSION MEETINGS . THE COMMISSION SHALL MEET AT LEAST27
1280
-6- ONCE EVERY THREE MONTHS .1
(6) M
EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE2
NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY3
PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE 5.7.4
13-5.7-104. Duties of commission - mission - staffing - report.5
(1) T
HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY,6
AND FAIRNESS IN THE JUSTICE SYSTEM FOR ALL COLORADANS.7
(2) T
HE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES :8
(a) T
O IDENTIFY, EXAMINE, AND REPORT ON THE IMPEDIMENTS TO9
ACCESSING COLORADO'S CIVIL JUSTICE SYSTEM AND HOW TO MITIGATE OR10
ELIMINATE SUCH IMPEDIMENTS;11
(b) T
O EXAMINE SPECIFIC PROBLEMS IN THE CIVIL JUSTICE SYSTEM,12
QUALITATIVELY AND QUANTITATIVELY , AND HOW TO SOLVE THEM ,13
INCLUDING CONSIDERATION OF THE EXPERIENCES OF INDIVIDUALS AND14
ORGANIZATIONS WHO USE THE SYSTEM ;15
(c) T
O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO16
IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE17
ACCESS TO JUSTICE, THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO18
JUSTICE WORK BEING DONE STATEWIDE ;19
(d) T
O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE20
INFORMATION, TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL21
LEGAL PROBLEMS FAIRLY, QUICKLY, AND ECONOMICALLY;22
(e) T
O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE23
LAWYERS, ADVOCATES , COMMUNITY MEMBERS , AND OTHER24
STAKEHOLDERS TO IMPROVE ACCESS TO JUSTICE ;25
(f) T
O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND26
COMMITMENT TO ACCESS TO JUSTICE IN COLORADO;27
1280
-7- (g) TO ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES,1
RULES, AND POLICIES IN COLORADO; AND2
(h) T
O FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN3
INPUT AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER4
THE DUTIES AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION (2).5
(3) (a) C
OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC6
SUBJECT MATTERS AND MAY MAKE RECOMME NDATIONS TO THE FULL7
COMMISSION. THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS8
OF THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL9
APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY10
COMMITTEE FORMED PURSUANT TO THIS SUBSECTION (3).11
(b) T
HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT12
INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF13
THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEE .14
N
ONCOMMISSION MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT15
COMPENSATION OR REIMBURSEMENT FOR EXPENSES .16
(4) T
HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE17
GENERAL ASSEMBLY, THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS18
RESOURCES ALLOW.19
(5) (a) T
HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS20
WORK, INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS21
NECESSARY.22
(b) A
S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT23
WITH INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA24
COLLECTION, RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION'S25
FINDINGS AND REPORTS , AND OTHER NECESSARY SERVICES IN26
FURTHERANCE OF THE COMMISSION 'S PURPOSE.27
1280
-8- (6) (a) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE1
COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS2
WORK, INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT3
LEAST TWO-THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE4
GOVERNOR AND THE JUDICIARY COMMITTEES OF THE SENATE AND THE5
HOUSE OF REPRESENTATIVES , OR THEIR SUCCESSOR COMMITTEES . THE6
LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE7
COMMISSION'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR8
SHALL CONSIDER THE COMMISSION 'S RECOMMENDATIONS FOR9
REGULATORY ACTION. THE COMMISSION SHALL PRESENT ITS REPORT TO10
THE LEGISLATIVE COMMITTEES OF REFERENCE DURING THE COMMITTEES '11
HEARINGS HELD PURSUANT TO THE "SMART ACT", PART 2 OF ARTICLE 712
OF TITLE 2.13
(b) W
ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS14
CONTAINED IN ITS REPORT, THE COMMISSION SHALL SPECIFY THE LAWS15
THAT NEED TO BE CREATED, AMENDED, OR REPEALED TO ENSURE ACCESS16
TO JUSTICE FOR ALL COLORADANS.17
13-5.7-105. Colorado access to justice cash fund - creation -18
funding sources - use of fund. (1) (a) T
HERE IS CREATED IN THE STATE19
TREASURY THE COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND20
CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL21
ASSEMBLY TO THE FUND AND ANY GIFTS , GRANTS, OR DONATIONS FROM22
PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE23
OF THIS ARTICLE 5.7.24
(b) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE25
COMMISSION FOR THE PURPOSES OF THIS ARTICLE 5.7. THE STATE26
TREASURER SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME27
1280
-9- DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE FUND .1
A
NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND2
AT THE END OF ANY FISCAL YEAR SHALL REMAIN IN THE FUND AND MUST3
NOT BE CREDITED OR TRANSFERRED TO THE GENERAL FUND OR ANY OTHER4
FUND.5
(c) T
HE COMMISSION MAY SOLICIT, ACCEPT, AND EXPEND GIFTS,6
GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY7
SOURCE FOR THE PURPOSES OF THIS ARTICLE 5.7, AND NOTHING IN THIS8
TITLE 13 PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY9
OR IN OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM10
FEDERAL INCOME TAX UNDER 26 U.S.C. SEC. 501(c)(3).11
(2) T
HE COMMISSION MAY USE MONEY IN THE FUND FOR THE12
IMPLEMENTATION OF THIS ARTICLE 5.7 AND IN FURTHERANCE OF THE13
COMMISSION'S MISSION, INCLUDING:14
(a) T
O COMPENSATE THE COMMISSION 'S STAFF AND INDEPENDENT15
CONTRACTORS;16
(b) T
O PAY THE COSTS OF OBTAINING DATA AND ANALYSES FROM17
ORGANIZATIONS AND ENTITIES; AND18
(c) T
O PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN19
PERFORMANCE OF THEIR DUTIES.20
SECTION 2. Act subject to petition - effective date. This act21
takes effect at 12:01 a.m. on the day following the expiration of the22
ninety-day period after final adjournment of the general assembly; except23
that, if a referendum petition is filed pursuant to section 1 (3) of article V24
of the state constitution against this act or an item, section, or part of this25
act within such period, then the act, item, section, or part will not take26
effect unless approved by the people at the general election to be held in27
1280
-10- November 2024 and, in such case, will take effect on the date of the1
official declaration of the vote thereon by the governor.2
1280
-11-