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April 16, 2024 HB 24-1286
Legislative Council Staff
Nonpartisan Services for Colorado’s Legislature
Revised Fiscal Note
(replaces fiscal note dated March 1, 2024)
Drafting Number:
Prime Sponsors:
LLS 24-0554
Rep. Joseph; Lindsay
Sen. Roberts
Date:
Bill Status:
Fiscal Analyst:
April 16, 2024
House Second Reading
John Armstrong | 303-866-6289
john.armstrong@coleg.gov
Bill Topic: EQUAL JUSTICE FUND AUTHORITY
Summary of
Fiscal Impact:
☐ State Revenue
☒ State Expenditure
☐ State Transfer
☐ TABOR Refund
☐ Local Government
☒ Statutory Public Entity
The bill creates a new docket fee to assist indigent defendants with court fees. The bill
increases state workload and statutory public entity revenue and expenditures
beginning in FY 2024-25.
Appropriation
Summary:
No appropriation is required.
Fiscal Note
Status:
The revised fiscal note reflects the introduced bill, as amended by the House Judiciary
and House Finance Committees.
Summary of Legislation
The bill creates the Equal Justice Authority (EJA), a special purpose authority. The EJA is
governed by a seven-member appointed board and must meet at least four times per year.
Board members serve without compensation but may be reimbursed for expenses as a result of
their duties.
Beginning on January 1, 2025 the EJA assesses a $30 Equal Justice Fee on docket filings in
district courts for civil cases, court of appeals and probate courts. Civil case filings in county
courts are assessed an equal justice fee of $10, except for filings in small claims court. Revenues
from these fees are not state revenue and must be used to provide access to legal
representation for indigent defendants and to cover the EJA’s direct and indirect administration
costs. Persons whose income is below 250 percent of the federal poverty limit are exempt from
paying the fee.
The EJA must report fund balances, the types of cases for the individuals served by the fund, and
the number of individuals served by the fund to the General Assembly on an annual basis.
State Expenditures
Judicial Department. The Judicial Department will update their information technology systems
to create a new financial code for the new Equal Justice Fee, establish a process for determining Page 2
April 16, 2024 HB 24-1286
if a person is not subject to the fee due to income, and transmit fee revenues to the Equal
Justice Authority. This additional workload is assumed to be minimal and can be accomplished
within existing appropriations.
Statutory Public Entity
Docket fee impact. Colorado law requires legislative service agency review of measures which
create or increase any fee collected by a state agency. In this case, the fee is collected by the
Judicial Department on behalf of the Equal Justice Authority. Fee amounts are outlined in the
bill, resulting in an increase of $30 for district civil, court of appeals and probate docket fees, as
shown in Table 1 below. County civil fee amounts are $10 and exclude small claims court.
Individuals with incomes below 250 percent of the federal poverty guidelines will not be
assessed the fee, accounting for approximately 23 percent of all case filers.
Table 1
Docket Fee Impact
Year Type of Case Cases Poverty Rate Payers Fee Total
FY 2024-25
half-year
Impact
County Civil 30,661 22% 23,916 $10 $239,160
District Civil
20,753 28% 14,942 $30 $448,260
Court of Appeals 292 28% 210 $30 $6,300
Probate 9,211 16% 7,737 $30 $232,110
FY 2024-25 Fee Revenue $925,830
FY 2025-26 County Civil 61,322 22% 47,831 $10 $478,310
District Civil 41,506 28% 29,884 $30 $896,520
Court of Appeals 584 28% 420 $30 $12,600
Probate 18,421 16% 15,474 $30 $464,220
FY 2025-26 Fee Revenue $1,851,650
Equal Justice Authority. The newly created EJA will provide funding for legal aid to indigent
offenders using the revenue generated from the new docket fee, estimated at $925,000 in
FY 2024-25 and up to $1.85 million in FY 2025-26 and ongoing. This revenue will also cover the
EJA’s administrative costs, which will be spent to convene commission members, and to
distribute and report on funding.
Effective Date
The bill takes effect upon signature of the Governor, or upon becoming law without his signature.
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April 16, 2024 HB 24-1286
State and Local Government Contacts
Governor's Office Judicial Law
Personnel Treasury
The revenue and expenditure impacts in this fiscal note represent changes from current law under the bill for each
fiscal year. For additional information about fiscal notes, please visit the General Assembly website.