HOUSE BILL 23-1280
BY REPRESENTATIVE(S) Joseph and Soper, Bacon, Bird, Boesenecker,
Brown, Dickson, English, Epps, Froelich, Gonzales-Gutierrez, Hamrick,
Herod, Jodeh, Lieder, Lindsay, Lindstedt, Lynch, Marshall,
Michaelson Jenet, Ortiz, Ricks, Titone, Vigil, Weissman, McCluskie;
also SENATOR(S) Roberts and Gardner, Coleman, Exum, Gonzales,
Kirkmeyer, Liston, Lundeen, Moreno, Pelton B., Pelton R., Priola,
Smallwood.
C
ONCERNING THE CODIFICATION OF THE COLORADO ACCESS TO JUSTICE
COMMISSION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 5.7 to title
13 as follows:
ARTICLE 5.7
Colorado Access to Justice Commission
13-5.7-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
FINDS AND DECLARES THAT
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) ACCESS TO JUSTICE IS A BASIC PRINCIPLE OF THE RULE OF LAW,
AND IT ENSURES THAT ALL PERSONS, INSTITUTIONS, AND ENTITIES, PUBLIC
AND PRIVATE
, INCLUDING THE STATE ITSELF, ARE ACCOUNTABLE TO LAWS
THAT ARE PUBLICLY PROMULGATED
, EQUALLY ENFORCED , AND
INDEPENDENTLY ADJUDICATED
. IN THE ABSENCE OF ACCESS TO JUSTICE ,
PEOPLE ARE UNABLE TO HAVE THEIR VOICE HEARD , EXERCISE THEIR RIGHTS,
CHALLENGE DISCRIMINATION, OR HOLD DECISION MAKERS ACCOUNTABLE .
(b) L
ACK OF ACCESS TO JUSTICE IS A PROBLEM THAT HAS SERIOUS
SOCIAL
, LEGAL, ECONOMIC, AND POLITICAL CONSEQUENCES;
(c) S
INCE 2003, THE COLORADO ACCESS TO JUSTICE COMMISSION
HAS COLLABORATED WITH ORGANIZATIONS CONCERNED ABOUT THE GAP IN
ACCESS TO JUSTICE IN
COLORADO TO DEVELOP AND SUPPORT A RANGE OF
TOOLS
, POLICIES, AND SERVICES TO ADDRESS THIS GAP. THE COMMISSION
HAS SERVED AS A HUB FOR THE MANY STAKEHOLDERS WORKING ON ACCESS
TO THE CIVIL LEGAL PROCESS WITHOUT STATUTORY ACKNOWLEDGMENT
.
(d) F
ROM 2003 TO THE PRESENT, THE NEED FOR ACCESS TO JUSTICE
AND THE IMPORTANCE OF IMPROVING ACCESS HAVE GROWN
, BUT THE
CHALLENGES OF ACCESS TO JUSTICE IN
COLORADO AND AROUND THE NATION
HAVE BECOME MORE ACUTE
;
(e) A
STUDY BY THE INSTITUTE FOR THE ADVANCEMENT OF THE
AMERICAN LEGAL SYSTEM AT THE UNIVERSITY OF DENVER FOUND THAT
ACCESS TO JUSTICE IS A BROAD SOCIETAL PROBLEM
, WITH SIXTY-SIX
PERCENT OF THE
AMERICAN POPULATION EXPERIENCING AT LEAST ONE
LEGAL PROBLEM IN THE PAST FOUR YEARS AND WITH LESS THAN HALF OF
THOSE PROBLEMS BEING COMPLETELY RESOLVED
;
(f) P
EOPLE WITH FEWER ECONOMIC RESOURCES ARE A VULNERABLE
POPULATION DUE TO LACK OF ACCESS TO JUSTICE
, AND BLACK, INDIGENOUS,
AND OTHER PEOPLE OF COLOR ARE PARTICULARLY VULNERABLE AS THEY
ENCOUNTER LEGAL ISSUES AT A HIGHER RATE AND OF GREATER SERIOUSNESS
THAN OTHER POPULATIONS
, ACCORDING TO THE INSTITUTE FOR THE
ADVANCEMENT OF THE AMERICAN LEGAL SYSTEM AT THE UNIVERSITY OF
DENVER. A 2022 STUDY BY THE LEGAL SERVICES CORPORATION FOUND
THAT LOW
-INCOME AMERICANS DO NOT RECEIVE ANY OR E NOUGH LEGAL
HELP FOR NINETY
-TWO PERCENT OF THEIR LEGAL PROBLEMS .
PAGE 2-HOUSE BILL 23-1280 (g) IN RESPONSE TO THESE TRENDS , IN 2021, THE COMMISSION
UNDERTOOK A SYSTEMATIC STATEWIDE ST UDY TO BETTER UNDERSTAND THE
CHALLENGES FACING THOSE TRYING TO RESOLVE CIVIL LEGAL PROBLEMS
.
T
HE COMMISSION CONDUCTED A TOTAL OF FORTY -ONE DIFFERENT LISTEN
AND LEARN SESSIONS
, MEETING VIRTUALLY WITH LEGAL AND COMMUNITY
SERVICE PROVIDERS IN EACH OF
COLORADO'S TWENTY-TWO JUDICIAL
DISTRICTS
. THE STUDY REVEALED THAT, DUE TO THE COMPLEXITY OF LEGAL
MATTERS AND THE PROHIBITIVE COST OF LEGAL HELP
, BARRIERS TO ACCESS
IMPACT
COLORADANS OF ALL BACKGROUNDS AND FROM ALL WALKS OF LIFE .
(h) T
HE COVID-19 PANDEMIC REQUIRED EXPERIMENTATION AND
INNOVATION IN
COLORADO'S COURT SYSTEM AND ELSEWHERE , UNCOVERING
WAYS THAT THE LEGAL SYSTEM CAN WORK BETTER FOR PEOPLE AND
ORGANIZATIONS WITH LEGAL NEEDS
; AND
(i) THERE IS AN INTERSECTION OF NEED AND OPPORTUNITY WITH
RESPECT TO ACCESS TO CIVIL JUSTICE FOR ALL
COLORADANS, SUCH THAT
THE COMMISSION
'S ONGOING WORK MERITS STATUTORY RECOGNITION ,
INFORMING THE GOVERNOR AND GENERAL ASSEMBLY THROUGH REGULAR ,
SYSTEMATIC INPUT FROM THE COMMISSION .
(2) T
HEREFORE, THE GENERAL ASSEMBLY RECOGNIZES THAT ACCESS
TO CIVIL COURTS IS A PILLAR OF DEMOCRACY AND ENACTS THIS ARTICLE
5.7
TO CODIFY THE COLORADO ACCESS TO JUSTICE COMMISSION AND AFFIRM ITS
COMMITMENT TO EQUITABLE ACCESS TO THE CIVIL LEGAL PROCESS
.
13-5.7-102. Definitions. A
S USED IN THIS ARTICLE 5.7, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "C
OMMISSION" MEANS THE COLORADO ACCESS TO JUSTICE
COMMISSION ESTABLISHED PURSUANT TO SECTION
13-5.7-103.
(2) "F
UND" MEANS THE COLORADO ACCESS TO JUSTICE CASH FUND
CREATED IN SECTION
13-5.7-105.
13-5.7-103. Colorado access to justice commission - creation -
membership - operation. (1) T
HERE IS CREATED THE COLORADO ACCESS
TO JUSTICE COMMISSION
, WHICH HAS THE POWERS AND DUTIES SPECIFIED IN
THIS ARTICLE
5.7.
PAGE 3-HOUSE BILL 23-1280 (2) (a) THE COMMISSION CONSISTS OF:
(I) A
T LEAST SEVENTEEN BUT NO MORE THAN TWENTY VOTING
MEMBERS
, AS FOLLOWS:
(A) A
T LEAST EIGHT BUT NO MORE THAN TEN MEMBERS APPOINTED
BY THE
COLORADO BAR ASSOCIATION ;
(B) A
T LEAST THREE BUT NO MORE THAN FOUR MEMBERS APPOINTED
BY THE CHIEF JUSTICE OF THE SUPREME COURT OF
COLORADO;
(C) O
NE MEMBER APPOINTED BY THE GOVERNOR ;
(D) O
NE MEMBER APPOINTED BY THE PRESIDENT OF THE COLORADO
SENATE
;
(E) O
NE MEMBER APPOINTED BY THE SPEAKER OF THE COLORADO
HOUSE OF REPRESENTATIVES
;
(F) O
NE MEMBER APPOINTED BY COLORADO LEGAL SERVICES, A
NONPROFIT AGENCY
, OR ITS SUCCESSOR AGENCY;
(G) O
NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST
ACCOUNT FOUNDATION, OR ITS SUCCESSOR AGENCY; AND
(H) ONE MEMBER APPOINTED BY THE LEGAL AID FOUNDATION OF
COLORADO, OR ITS SUCCESSOR AGENCY; AND
(II) AT LEAST FOUR NONVOTING, EX OFFICIO MEMBERS, INCLUDING:
(A) T
HE COLORADO SUPREME COURT JUSTICE LIAISON ;
(B) T
HE EXECUTIVE DIRECTOR OF COLORADO LEGAL SERVICES, OR
ITS SUCCESSOR AGENCY
;
(C) T
HE EXECUTIVE DIRECTOR OF THE LEGAL AID FOUNDATION OF
COLORADO, OR ITS SUCCESSOR AGENCY; AND
(D) A REPRESENTATIVE OF THE COLORADO ATTORNEY GENERAL
APPOINTED BY THE CHAIR OF THE COMMISSION
.
PAGE 4-HOUSE BILL 23-1280 (b) NOTHING IN THIS SUBSECTION (2) PREVENTS THE CHAIR OF THE
COMMISSION FROM CREATING NONVOTING EMERITUS POSITIONS FOR
LONG
-SERVING, RETIRING COMMISSIONERS.
(c) T
HE APPOINTING AUTHORITIES SHALL NAME THE INITIAL
MEMBERS TO THE COMMISSION BY
SEPTEMBER 1, 2023. MEMBERS OF THE
COMMISSION SERVE THREE
-YEAR TERMS AND MAY BE REAPPOINTED BY
THEIR APPOINTING AUTHORITY FOR AN ADDITIONAL TWO TERMS
. MEMBERS
OF THE COMMISSION MAY BE REMOVED BY THEIR RESPECTIVE APPOINTING
AUTHORITIES FOR CAUSE
. IF A VACANCY OCCURS ON THE COMMISSION , THE
APPOINTING AUTHORITY FOR THE MEMBER WHOSE POSITION IS VACATED
SHALL APPOINT A MEMBER TO FILL THE VACANT POSITION
.
(d) T
HE COMMISSION SHALL SELECT A CHAIR AND VICE-CHAIR OF THE
COMMISSION FROM ITS MEMBERSHIP
.
(3) M
EMBERS OF THE COMMISSION SERVE WITHOUT COMPENSATION
BUT MAY BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES AS MEMBERS OF
THE COMMISSION
.
(4) T
HE COMMISSION MAY ESTABLISH BYLAWS AS APPROPRIATE FOR
ITS EFFECTIVE OPERATION
.
(5) T
HE CHAIR OF THE COMMISSION SHALL ESTABLISH A SCHEDULE
FOR COMMISSION MEETINGS
. THE COMMISSION SHALL MEET AT LEAST ONCE
EVERY THREE MONTHS
.
(6) M
EMBERS OF THE COMMISSION, STAFF, AND CONSULTANTS ARE
NOT LIABLE FOR ANY ACT OR OMISSION IN THEIR OFFICIAL CAPACITY
PERFORMED IN GOOD FAITH IN ACCORDANCE WITH THIS ARTICLE
5.7.
13-5.7-104. Duties of commission - mission - staffing - report.
(1) T
HE MISSION OF THE COMMISSION IS TO EXPAND ACCESS , QUALITY, AND
FAIRNESS IN THE JUSTICE SYSTEM FOR ALL
COLORADANS.
(2) T
HE COMMISSION HAS THE FOLLOWING POWERS AND DUTIES :
(a) T
O IDENTIFY, EXAMINE, AND REPORT ON THE IMPEDIMENTS TO
PAGE 5-HOUSE BILL 23-1280 ACCESSING COLORADO'S CIVIL JUSTICE SYSTEM AND HOW TO MITIGATE OR
ELIMINATE SUCH IMPEDIMENTS
;
(b) T
O EXAMINE SPECIFIC PROBLEMS IN THE CIVIL JUSTICE SYSTEM ,
QUALITATIVELY AND QUANTITATIVELY , AND HOW TO SOLVE THEM ,
INCLUDING CONSIDERATION OF THE EXPERIENCES OF INDIVIDUALS AND
ORGANIZATIONS WHO USE THE SYSTEM
;
(c) T
O BRING LEADERS FROM DIVERSE SECTORS TOGETHER TO
IMPLEMENT SOLUTIONS TO ADDRESS STATEWIDE ISSUES THAT IMPEDE
ACCESS TO JUSTICE
, THEREBY SUPPORTING AN ECOSYSTEM OF ACCESS TO
JUSTICE WORK BEING DONE STATEWIDE
;
(d) T
O CREATE PRACTICAL SOLUTIONS FOR THOSE WHO LACK THE
INFORMATION
, TOOLS, AND SERVICES NECESSARY TO RESOLVE THEIR CIVIL
LEGAL PROBLEMS FAIRLY
, QUICKLY, AND ECONOMICALLY;
(e) T
O ACT AS A LEADER TO INFORM , ENGAGE, AND INSPIRE
LAWYERS
, ADVOCATES, COMMUNITY MEMBERS, AND OTHER STAKEHOLDERS
TO IMPROVE ACCESS TO JUSTICE
;
(f) T
O USE ITS PLATFORM TO ELEVATE UNDERSTANDING OF AND
COMMITMENT TO ACCESS TO JUSTICE IN
COLORADO;
(g) T
O ADVOCATE FOR NEEDED CHANGES TO LAWS , PRACTICES,
RULES, AND POLICIES IN COLORADO; AND
(h) TO FORM ADVISORY COMMITTEES AS NECESSARY TO GAIN INPUT
AND EXPERTISE FOR THE COMMISSION IN AN EFFORT TO FURTHER THE DUTIES
AND RESPONSIBILITIES SET FORTH IN THIS SUBSECTION
(2).
(3) (a) C
OMMISSION ADVISORY COMMI TTEES FOCUS ON SPECIFIC
SUBJECT MATTERS AND MAY MAKE RECOMMENDATIONS TO THE FULL
COMMISSION
. THE CHAIR OF THE COMMISSION SHALL APPOINT MEMBERS OF
THE COMMISSION TO SERVE ON THE ADVISORY COMMITTEES AND SHALL
APPOINT A COMMISSION MEMBER TO SERVE AS CHAIR OF EACH ADVISORY
COMMITTEE FORMED PURSUANT TO THIS SUBSECTION
(3).
(b) T
HE CHAIR OF AN ADVISO RY COMMITTEE MAY SELECT
INTERESTED MEMBERS OF THE COMMUNITY WHO ARE NOT MEMBERS OF THE
PAGE 6-HOUSE BILL 23-1280 COMMISSION TO SERVE ON THE ADVISORY COMMITTEE . NONCOMMISSION
MEMBERS OF AN ADVISORY COMMITTEE SERVE WITHOUT COMPENSATION OR
REIMBURSEMENT FOR EXPENSES
.
(4) T
HE COMMISSION MAY RESPOND TO INQUIRIES FROM THE
GENERAL ASSEMBLY
, THE GOVERNOR, BUSINESSES, OR INDIVIDUALS, AS
RESOURCES ALLOW
.
(5) (a) T
HE COMMISSION MAY HIRE STAFF TO FACILITATE ITS WORK ,
INCLUDING AN EXECUTIVE DIRECTOR AND OTHER STAFF AS NECESSARY .
(b) A
S FUNDS ALLOW, THE COMMISSION MAY ALSO CONTRACT WITH
INDEPENDENT CONTRACTORS TO PROVIDE RESOURCES FOR DATA
COLLECTION
, RESEARCH, ANALYSIS, PUBLICATION OF THE COMMISSION 'S
FINDINGS AND REPORTS
, AND OTHER NECESSARY SERVICES IN FURTHERANCE
OF THE COMMISSION
'S PURPOSE.
(6) (a) N
OTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
COMMISSION SHALL PREPARE AND SUBMIT AN ANNUAL REPORT ON ITS WORK
,
INCLUDING FINDINGS AND RECOMMENDATIONS APPROVED BY AT LEAST
TWO
-THIRDS OF THE VOTING MEMBERS OF THE COMMISSION , TO THE
GOVERNOR AND THE JUDICIARY CO MMITTEES OF THE SENATE AND THE
HOUSE OF REPRESENTATIVES
, OR THEIR SUCCESSOR COMMITTEES . THE
LEGISLATIVE COMMITTEES OF REFERENCE SHALL CONSIDER THE
COMMISSION
'S RECOMMENDATIONS FOR LEGISLATION , AND THE GOVERNOR
SHALL CONSIDER THE COMMISSION
'S RECOMMENDATIONS FOR REGULATORY
ACTION
. THE COMMISSION SHALL PRESENT ITS REPORT TO THE LEGISLATIVE
COMMITTEES OF REFERENCE DURING THE COMMITTEES
' HEARINGS HELD
PURSUANT TO THE
"SMART ACT", PART 2 OF ARTICLE 7 OF TITLE 2.
(b) W
ITH REGARD TO ANY LEGISLATIVE RECOMMENDATIONS
CONTAINED IN ITS REPORT
, THE COMMISSION SHALL SPECIFY THE LAWS THAT
NEED TO BE CREATED
, AMENDED, OR REPEALED TO ENSURE ACCESS TO
JUSTICE FOR ALL
COLORADANS.
13-5.7-105. Colorado access to justice cash fund - creation -
funding sources - use of fund. (1) (a) T
HERE IS CREATED IN THE STATE
TREASURY THE
COLORADO ACCESS TO JUSTICE CASH FUND . THE FUND
CONSISTS OF MONEY APPROPRIATED OR TRANSFERRED BY THE GENERAL
ASSEMBLY TO THE FUND AND ANY GIFTS
, GRANTS, OR DONATIONS FROM
PAGE 7-HOUSE BILL 23-1280 PRIVATE OR PUBLIC SOURCES MADE TO THE COMMISSION FOR THE PURPOSE
OF THIS ARTICLE
5.7.
(b) M
ONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
COMMISSION FOR THE PURPOSES OF THIS ARTICLE
5.7. THE STATE TREASURER
SHALL CREDIT TO THE FUND ALL INTEREST AND INCOME DERIVED FROM THE
INVESTMENT AND DEPOSIT OF MONEY IN THE FUND
. ANY UNEXPENDED AND
UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF ANY FISCAL
YEAR SHALL REMAIN IN THE FUND AND MUST NOT BE CREDITED OR
TRANSFERRED TO THE GENERAL FUND OR ANY OTHER FUND
.
(c) T
HE COMMISSION MAY SOLICIT , ACCEPT, AND EXPEND GIFTS,
GRANTS, OR DONATIONS, INCLUDING IN-KIND DONATIONS, FROM ANY SOURCE
FOR THE PURPOSES OF THIS ARTICLE
5.7, AND NOTHING IN THIS TITLE 13
PREVENTS THE COMMISSION FROM MAINTAINING AS A SUBSIDIARY OR IN
OTHER APPROPRIATE FORM AN ORGANIZATION EXEMPT FROM FEDERAL
INCOME TAX UNDER
26 U.S.C. SEC. 501(c)(3).
(2) T
HE COMMISSION MAY USE MONEY IN THE FUND FOR THE
IMPLEMENTATION OF THIS ARTICLE
5.7 AND IN FURTHERANCE OF THE
COMMISSION
'S MISSION, INCLUDING:
(a) T
O COMPENSATE THE COMMISSION 'S STAFF AND INDEPENDENT
CONTRACTORS
;
(b) T
O PAY THE COSTS OF OBTAINING DATA AND ANALYSES FROM
ORGANIZATIONS AND ENTITIES
; AND
(c) TO PAY THE COMMISSION MEMBERS ' NECESSARY EXPENSES IN
PERFORMANCE OF THEIR DUTIES
.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 8-HOUSE BILL 23-1280 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-HOUSE BILL 23-1280