Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0554.01 Chelsea Princell x4335
HOUSE BILL 24-1286
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE ACCESS TO THE COURTS FOR101
INDIGENT PERSONS.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 creates the equal justice fund authority as a special
purpose authority to administer the equal justice fund for the purpose of
providing monetary support to local organizations that provide legal
representation and legal advice to low-income individuals.
The bill requires certain court filings to incur an additional $20
filing fee that must be annually deposited into the equal justice fund.
HOUSE SPONSORSHIP
Joseph and Lindsay, Bacon, Brown, Clifford, Garcia, Mabrey, Rutinel, Velasco
SENATE SPONSORSHIP
Roberts,
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 bill prohibits a judge from requiring indigent parties to pay the
docket fee for a civil action.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Access to justice is a basic principle of the rule of law, and it4
ensures that all persons, institutions and entities, public and private,5
including the state, are held accountable to laws that are publicly6
promulgated, equally enforced, and independently adjudicated;7
(b) In the absence of access to justice, people are unable to have8
their voices heard, exercise their rights, challenge discrimination, or hold9
decision-makers accountable;10
(c) Providing civil legal aid to people in poverty is vital to11
Colorado in supporting justice for victims of intimate partner violence,12
ensuring veterans receive their well-earned benefits, protecting against13
elder abuse, fighting human trafficking, protecting access to necessities14
such as food and shelter, and other areas;15
(d) Without access to civil legal representation, many laws and16
protections remain unenforceable for low-income Coloradans;17
(e) State-funded legal aid in certain civil matters reinforces the18
importance of the right to counsel to ensure a fair trial;19
(f) Equal access to justice would have little effective meaning if20
an individual could not afford that right on the basis of income;21
(g) In order to meet the needs of our most vulnerable community22
members, it is necessary, appropriate, equitable, and in the best interest23
of all Coloradans to create a special purpose authority to allow24
low-income Coloradans access to the court system by imposing a fee on25
HB24-1286-2- a party's first court filing;1
(h) The fee imposed is for the specific purpose of serving users of2
Colorado courts who will pay the fee on all initial pleadings and answers3
because the fee:4
(I) Will serve all qualified court users by increasing the efficiency5
of courts for all court users by reducing slowdowns caused by6
self-represented parties;7
(II) Will increase the provision of justice in our courts for all court8
users, regardless of income, which is an interest shared among all court9
users; and10
(III) Is collected at a rate reasonably calculated based on the11
services provided by the authority;12
(i) Furthering access to Colorado's civil courts is a pillar of our13
democratic legal systems; and14
(j) The state of Colorado must endeavor to systematically support15
the delivery of equal access to legal aid services to all qualified16
Coloradans.17
(2) Therefore, the general assembly declares that the lack of18
access to civil legal justice is a problem that has serious social, legal,19
economic, and political consequences, and the general assembly enacts20
this legislation to fund equal access to justice and reaffirm the21
commitment to equitable access to the civil legal process.22
SECTION 2. In Colorado Revised Statutes, add part 2 to article23
5.7 of title 13 as follows:24
PART 225
EQUAL JUSTICE FUND AUTHORITY26
13-5.7-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE27
HB24-1286
-3- CONTEXT OTHERWISE REQUIRES :1
(1) "A
UTHORITY" MEANS THE EQUAL JUSTICE FUND AUTHORITY2
CREATED IN SECTION 13-5.7-202.3
(2) "B
OARD" MEANS THE EQUAL JUSTICE FUND AUTHORITY BOARD4
CREATED IN SECTION 13-5.7-204.5
(3) "E
QUAL JUSTICE FUND FEE" MEANS THE FEE COLLECTED6
PURSUANT TO THIS PART 2.7
(4) "F
ILING FEE" MEANS A DOCKET FEE FOR A CIVIL ACTION AS SET8
FORTH IN SECTIONS 13-4-112, 13-32-101, AND 13-32-102.9
(5) "Q
UALIFIED CIVIL LEGAL AID PROVIDER" MEANS A NONPROFIT10
ORGANIZATION OTHER THAN THE COLORADO RECIPIENT OF A FEDERAL11
LEGAL SERVICES CORPORATION FIELD GRANT THAT PROVIDES LEGAL12
REPRESENTATION AND ADVICE TO PEOPLE IN COLORADO LIVING IN13
POVERTY AND SUPPORTS ACCESS TO BASIC NEEDS SUCH AS HOUSING ,14
INCOME, HEALTH SERVICES, EDUCATION, AND ASSISTANCE WITH FAMILY15
MATTERS AND IMMIGRATION STATUS ISSUES .16
13-5.7-202. Creation and purpose. T
HERE IS CREATED AS A17
SPECIAL PURPOSE AUTHORITY , AS DEFINED IN SECTION 24-77-102, THE18
EQUAL JUSTICE FUND AUTHORITY , WHICH IS A BODY CORPORATE AND A19
POLITICAL SUBDIVISION OF THE STATE, WHICH SHALL NOT BE AN AGENCY20
OF STATE GOVERNMENT, AND SHALL NOT BE SUBJECT TO ADMINISTRATIVE21
DIRECTION BY ANY DEPARTMENT , COMMISSION, BOARD, BUREAU, OR22
AGENCY OF THE STATE . THE AUTHORITY IS RESPONSIBLE FOR23
ADMINISTERING THE EQUAL JUSTICE FUND CREATED IN SECTION24
13-5.7-205.25
13-5.7-203. General powers. (1) I
N ADDITION TO ANY OTHER26
POWERS GRANTED TO THE AUTHORITY IN THIS PART 2, THE AUTHORITY HAS27
HB24-1286
-4- THE FOLLOWING POWERS:1
(a) T
O HAVE THE DUTIES, PRIVILEGES, IMMUNITIES, RIGHTS,2
LIABILITIES, AND DISABILITIES OF A BODY CORPORATE AND POLITICAL3
SUBDIVISION OF THE STATE;4
(b) T
O HAVE PERPETUAL EXISTENCE AND SUCCESSION ;5
(c) T
O ADOPT, HAVE, AND USE A SEAL AND TO ALTER THE SAME AT6
ITS PLEASURE;7
(d) T
O SUE AND BE SUED;8
(e) T
O ENTER INTO ANY CONTRACT OR AGREEMENT NOT9
INCONSISTENT WITH THIS PART 2 OR THE LAWS OF THE STATE;10
(f) T
O PURCHASE, LEASE, LEASE WITH AN OPTION TO PURCHASE ,11
TRADE, EXCHANGE, OR OTHERWISE ACQUIRE, MAINTAIN, HOLD, IMPROVE,12
MORTGAGE, ENCUMBER, AND DISPOSE OF REAL PROPERTY AND PERSONAL13
PROPERTY, WHETHER TANGIBLE OR INT ANGIBLE , AND ANY INTEREST,14
INCLUDING EASEMENTS AND RIGHTS -OF-WAY, WITHOUT RESTRICTION OR15
LIMITATION;16
(g) T
O ACQUIRE OFFICE SPACE, EQUIPMENT, SERVICES, SUPPLIES,17
AND INSURANCE NECESSARY TO CARRY OUT THE PURPOSES OF THIS PART18
2;19
(h) T
O DEPOSIT ANY MONEY OF THE AUTHORITY IN ANY BANKING20
INSTITUTION OR IN ANY DEPOSITORY AUTHORIZED PURSUANT TO SECTION21
24-75-603,
AND TO APPOINT, FOR THE PURPOSE OF MAKING SUCH22
DEPOSITS, ONE OR MORE PERSONS TO ACT AS CUSTODIANS OF THE MONEY23
OF THE AUTHORITY, WHO SHALL GIVE SURETY BONDS IN SUCH AMOUNTS24
AND FORM AND FOR SUCH PURPOSES AS THE BOARD REQUIRES ;25
(i) T
O CONTRACT FOR AND TO ACCEPT ANY GIFTS , GRANTS, AND26
LOANS OF FUNDS, PROPERTY, OR ANY OTHER AID IN ANY FORM FROM THE27
HB24-1286
-5- FEDERAL GOVERNMENT , THE STATE, ANY STATE AGENCY, OR ANY OTHER1
SOURCE, OR ANY COMBINATION THEREOF , AND TO COMPLY, SUBJECT TO2
THE PROVISIONS OF THIS PART 2, WITH THE TERMS AND CONDITIONS OF3
SUCH CONTRACTS OR THE ACCEPTANCE OF SUCH ITEMS ;4
(j) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY5
OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS GRANTED IN6
THIS PART 2, WHICH SPECIFIC POWERS SHALL NOT BE CONSIDERED AS A7
LIMITATION UPON ANY POWER NECESSARY OR APPROPRIATE TO CARRY OUT8
THE PURPOSES AND INTENT OF THIS PART 2;9
(k) T
O FIX THE TIME AND PLACE OR PLACES AT WHICH ITS REGULAR10
AND SPECIAL MEETINGS ARE TO BE HELD ;11
(l) T
O ADOPT AND FROM TIME TO TIME AMEND OR REPEAL BYLAWS12
AND RULES AND REGULATIONS CONSISTENT WITH THE PROVISIONS OF THIS13
PART 2, INCLUDING RULES REGARDING THE DEFINITION AND14
INTERPRETATION OF TERMS USED IN THIS PART 2. THIS SUBSECTION (1)(l)15
DOES NOT GRANT THE AUTHORITY THE POWER TO REDEFINE TERMS THAT16
ARE ALREADY DEFINED IN THIS PART 2.17
(m) T
O ELECT ONE MEMBER AS CHAIRPERSON OF THE BOARD AND18
ANOTHER MEMBER AS VICE -CHAIRPERSON OF THE BOARD AND TO ELECT19
ONE OR MORE MEMBERS AS SECRETARY AND TREASURER OF THE BOARD20
AND ELECT OR APPOINT SUCH OTHER OFFICERS AS THE BOARD MAY21
DETERMINE AND PROVIDE FOR THEIR DUTIES AND TERMS OF OFFICE ;22
(n) T
O APPOINT AGENTS, EMPLOYEES, AND PROFESSIONAL AND23
BUSINESS ADVISERS , INCLUDING REAL ESTATE PROFESSIONALS ,24
CONSTRUCTION COMPANIES , PROPERTY MANAGERS , ATTORNEYS,25
ACCOUNTANTS, AND FINANCIAL ADVISERS AS MAY FROM TIME TO TIME BE26
NECESSARY IN THE AUTHORITY 'S JUDGMENT TO ACCOMPLISH THE27
HB24-1286
-6- PURPOSES OF THIS PART 2, AND TO FIX THE COMPENSATION OF SUCH1
AGENTS, EMPLOYEES, AND ADVISERS, AND TO ESTABLISH THE POWERS AND2
DUTIES OF ALL AGENTS, EMPLOYEES, AND ADVISERS, AS WELL AS ANY3
OTHER PERSON CONTRACTING WITH THE AUTHORITY TO PROVIDE4
SERVICES, INCLUDING TERMINATION OF EMPLOYMENT OR THE CONTRACT5
FOR SERVICES;6
(o) T
O MAKE AND EXECUTE AGREEMENTS , CONTRACTS, AND7
OTHER INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF THE8
POWERS AND FUNCTIONS OF THE AUTHORITY PURS UANT TO THIS PART 2,9
INCLUDING, BUT NOT LIMITED TO, CONTRACTS WITH ANY PERSON , FIRM,10
CORPORATION, MUNICIPALITY, STATE AGENCY, COUNTY, OR OTHER11
ENTITY. ALL MUNICIPALITIES, COUNTIES, AND STATE AGENCIES MAY12
ENTER INTO AND DO ALL THINGS NECESSARY TO PERFORM ANY SUCH13
ARRANGEMENT OR CONTRACT WITH THE AUTHORITY .14
(p) O
THER POWERS NECESSARY TO ACCOMPLISH THE AUTHORITY 'S15
SPECIFIC GOALS AS REQUIRED PURSUANT TO THIS PART 2.16
13-5.7-204. Equal justice fund authority board - membership17
and meetings - rules. (1) T
HE AUTHORITY IS GOVERNED BY THE EQUAL18
JUSTICE FUND AUTHORITY BOARD, WHICH IS MADE UP OF SEVEN MEMBERS19
WHO ARE RESIDENTS OF THIS STATE AND HAVE A DEMONSTRATED20
COMMITMENT TO PROVIDING CIVIL LEGAL AID THROUGH CURRENT OR21
PRIOR EMPLOYMENT WITH A QUALIFIED CIVIL LEGAL AID PROVIDER , OR22
THROUGH SUBSTANTIAL VOLUNTEER SERVICE WITH A SIMILAR23
ORGANIZATION.24
(2) M
EMBERS OF THE BOARD MUST BE APPOINTED AS FOLLOWS :25
(a) O
NE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE26
C
OLORADO SUPREME COURT ;27
HB24-1286
-7- (b) ONE MEMBER APPOINTED BY THE ATTORNEY GENERAL ;1
(c) O
NE MEMBER APPOINTED BY THE COLORADO BAR2
ASSOCIATION;3
(d) O
NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST4
ACCOUNT FOUNDATION ; AND5
(e) T
HREE MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR OF6
THE COLORADO ACCESS TO JUSTICE COMMISSION , AT LEAST TWO OF WHOM7
ARE EMPLOYED BY A QUALIFIED CIVIL LEGAL AID PROVIDER .8
(3) T
HE APPOINTING AUTHORITIES SHALL MAKE REASONABLE9
EFFORTS TO APPOINT BOARD MEMBERS THAT REFLECT THE GEOGRAPHIC10
AND DEMOGRAPHIC DIVERSITY OF THE STATE , INCLUDING MEMBERS FROM11
BOTH RURAL AND URBAN PARTS OF THE STATE , AND MEMBERS OF DIVERSE12
POLITICAL, RACIAL, ABILITY, CULTURAL GROUP, AND SOCIOECONOMIC13
STATUS.14
(4) M
EMBERS SERVE TERMS OF THREE YEARS ; EXCEPT THAT15
INITIAL TERMS OF THE MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR16
OF THE COLORADO ACCESS TO JUSTICE COMMISSION ARE TWO -YEAR17
TERMS IN ORDER TO STAGGER THE TERMS SO THAT NO MORE THAN FOUR18
MEMBERS' TERMS EXPIRE IN THE SAME YEAR . THE APPOINTING19
AUTHORITIES SHALL DESIGNATE THE INITIAL TERMS AND FILL ANY20
VACANCIES ON THE BOARD.21
(5) T
ERMS EXPIRE ON DECEMBER 31 OF THE FINAL YEAR OF THE22
TERM.23
(6) M
EMBERS MAY BE REAPPOINTED TO SERVE TWO ADDITIONAL24
TERMS.25
(7) A
MEMBER MAY BE REMOVED FROM THE BOARD BY MAJORITY26
VOTE OF THE BOARD FOR MISFEASANCE, MALFEASANCE, WILLFUL NEGLECT27
HB24-1286
-8- OF DUTY, OR OTHER CAUSE AFTER NOTICE AND A PUBLIC HEARING , UNLESS1
NOTICE AND A PUBLIC HEARING ARE EXPRESSLY WAIVED IN WRITING BY2
THE MEMBER BEING REMOVED .3
(8) T
HE BOARD SHALL MEET AT LEAST FOUR TIMES PER YEAR .4
(9) T
HE BOARD SHALL ELECT A CHAIR AND A VICE -CHAIR AT ITS5
FIRST MEETING OF EACH CALENDAR YEAR .6
(10) M
EMBERS SERVE WITHOUT COMPENSATION BUT MUST BE7
REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES INCURRED IN THE8
PERFORMANCE OF THEIR DUTIES.9
(11) T
HE BOARD SHALL ADOPT ITS OWN RULES OF PROCEDURE AND10
KEEP A RECORD OF ALL PROCEEDINGS .11
(12) T
HE AUTHORITY MAY COOPERATE AND ENTER INTO12
CONTRACTS WITH THE COMMISSION OR ANOTHER AGENCY OR ENTITY , FOR13
ADMINISTRATIVE OR OPERATIONAL ASSISTANCE , INCLUDING FOR STAFFING.14
(13) I
F THE COMMISSION EXPECTS TO INCUR ACTUAL COSTS AS A15
RESULT OF STAFFING THE AUTHORITY THAT EXCEEDS THE AMOUNT16
PROVIDED BY THE AUTHORITY PURSUANT TO SECTION 13-5.7-206, THE17
AUTHORITY SHALL PAY THE COMMISSION FOR ALL COSTS INCURRED BY THE18
COMMISSION IN PROVIDING STAFFING TO THE AUTHORITY , INCLUDING, BUT19
LIMITED TO, COMPENSATION FOR EMPLOYEES STAFFING THE AUTHORITY20
AND ADMINISTRATIVE COSTS IN AN AMOUNT AGREED UPON BY THE21
AUTHORITY AND COMMISSION .22
13-5.7-205. Equal justice fund - creation. (1) T
HERE IS23
CREATED IN THE STATE TREASURY THE EQUAL JUSTICE FUND . THE EQUAL24
JUSTICE FUND IS ADMINISTERED BY THE AUTHORITY . THE PURPOSE OF THE25
FUND IS TO:26
(a) P
ROVIDE ACCESS TO LEGAL REPRESENTATION TO INDIGENT27
HB24-1286
-9- PERSONS BY PROVIDING ANNUAL GRANTS TO THE COLORADO RECIPIENT OF1
A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER2
QUALIFIED CIVIL LEGAL AID PROVIDERS PURSUANT TO SECTION 13-5.7-206;3
(b) I
NCREASE THE EFFICIENCY OF COLORADO COURTS FOR ALL4
COURT USERS BY REDUCING SLOWDOWNS CAUSED BY5
SELF-REPRESENTATION; AND6
(c) P
AY THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE7
REQUIREMENTS OF THIS PART 2, INCLUDING PAYMENT FOR COSTS8
ASSOCIATED WITH STAFFING THE AUTHORITY AND REIMBURSEMENT OF THE9
ACTUAL AND NECESSARY EXPENSES OF BOARD MEMBERS AS REQUIRED BY10
SECTION 13-5.7-204.11
(2) T
HE COURT SHALL COLLECT THE EQUAL JUSTICE FUND FEE AT12
THE TIME OF FILING AND QUARTERLY , BEGINNING MARCH 1, 2025, AND13
SHALL REMIT THE COLLECTED EQUAL JUSTICE FUND FEES TO THE STATE14
TREASURER TO BE DEPOSITED INTO THE EQUAL JUSTICE FUND .15
(3) T
HE EQUAL JUSTICE FUND CONSISTS OF MONEY COLLECTED16
FROM THE FILING FEE REQUIRED BY SECTION 13-32-101 (1.5).17
13-5.7-206. Distribution of funds. (1) O
N JULY 1, 2025, AND18
EACH JULY 1 THEREAFTER, THE AUTHORITY SHALL ANNUALLY DISTRIBUTE19
ALL REVENUE DEPOSITED INTO THE EQUAL JUSTICE FUND , LESS THE20
AUTHORITY'S DIRECT AND INDIRECT EXPENSES IN ADMINISTERING THE21
REQUIREMENTS OF THIS PART 2 AND ANY OTHER RELATED WORK22
COMPLETED TO ADVANCE THE MISSION OF THE AUTHORITY . THE23
AUTHORITY SHALL DISTRIBUTE SIXTY-THREE PERCENT OF THE REVENUE TO24
THE COLORADO RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION25
FIELD GRANT, TWENTY-NINE PERCENT TO QUALIFIED CIVIL LEGAL AID26
PROVIDERS, AND EIGHT PERCENT TO THE COMMISSION FOR COSTS27
HB24-1286
-10- ASSOCIATED WITH STAFFING THE AUTHORITY AND OTHER RELATED WORK1
COMPLETED TO ADVANCE THE MISSION OF THE AUTHORITY . FUNDS2
DISTRIBUTED TO THE COMMISSION THAT GO UNUSED BY JUNE 30 OF EACH3
YEAR SHALL BE DISTRIBUTED TO THE COLORADO RECIPIENT OF A FEDERAL4
LEGAL SERVICES CORPORATION FIELD GRANT AND THE QUALIFIED CIVIL5
LEGAL AID PROVIDERS IN PROPORTION TO THE INITIAL PERCENTAGES THAT6
THE COLORADO RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION7
FIELD GRANT AND THE QUALIFIED CIVIL LEGAL AID PROVIDERS ANNUALLY8
RECEIVE THROUGH THE FUND .9
(2) T
HE BOARD, BY RESOLUTION, SHALL ESTABLISH A FUNDING10
FORMULA TO USE TO DETERMINE THE DISTRIBUTION AMOUNT FOR EACH11
QUALIFIED CIVIL LEGAL AID PROVIDER. IN DEVELOPING THE FORMULA, THE12
BOARD SHALL CONSIDER THE FOLLOWING FACTORS :13
(a) T
HE NUMBER OF ATTORNEY HOURS SPENT SERVING PEOPLE IN14
C
OLORADO IN POVERTY IN THE PREVIOUS YEAR ;15
(b) T
HE NUMBER OF FULL-TIME ATTORNEYS EMPLOYED BY THE16
QUALIFIED CIVIL LEGAL AID PROVIDER;17
(c) T
HE NUMBER OF INDIVIDUALS LIVING IN POVERTY WHO RECEIVE18
LEGAL REPRESENTATION OR LEGAL ADVICE FROM THE QUALIFIED CIVIL19
LEGAL AID PROVIDER;20
(d) G
EOGRAPHIC REACH OF SERVICES; AND21
(e) A
BILITY AND EXPERIENCE SERVING POPULATIONS WITH22
BARRIERS TO LEGAL ASSISTANCE, INCLUDING PEOPLE WITH DISABILITIES23
AND PEOPLE WITH LIMITED ENGLISH PROFICIENCY.24
13-5.7-207. Report. (1) O
N OR BEFORE JANUARY 1, 2026, AND25
EACH JANUARY 1 THEREAFTER, THE AUTHORITY SHALL PREPARE AND26
SUBMIT A REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY27
HB24-1286
-11- COMMITTEE AND THE SENATE JUDICIARY COMMITTEE , OR THEIR1
SUCCESSOR COMMITTEES , THAT DETAILS THE USE OF THE FUND . AT A2
MINIMUM, THE REPORT MUST INCLUDE:3
(a) H
OW MUCH MONEY WAS COLLECTED IN THE FUND IN THE4
PRECEDING YEAR;5
(b) H
OW MUCH MONEY THE COLORADO RECIPIENT OF A FEDERAL6
LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL7
LEGAL AID PROVIDERS RECEIVED FROM THE FUND IN THE PRECEDING YEAR ;8
(c) T
HE AMOUNT OF FUNDS LEFT UNUSED BY THE COLORADO9
RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT10
AND THE QUALIFIED CIVIL LEGAL AID PROVIDERS AT THE CONCLUSION OF11
THE PRECEDING YEAR;12
(d) T
HE TYPES OF LEGAL SERVICES PROVIDED TO INDIVIDUALS WHO13
RECEIVED LEGAL SERVICES AS A RESULT OF THE FUND ; AND14
(e) T
HE NUMBER OF INDIVIDUALS WHO RECEIVED LEGAL SERVICES15
AS A RESULT OF THE FUND.16
SECTION 3. In Colorado Revised Statutes, amend 13-4-112 as17
follows:18
13-4-112. Fees of the clerk of court of appeals. (1) (a) Within19
the time allowed or fixed for transmission of the record, the appellant20
shall pay to the clerk of the court of appeals a docket fee of two hundred21
twenty-three
FORTY-THREE dollars.22
(b) The docket fee for the appellee shall be one hundred23
forty-eight SIXTY-EIGHT dollars to be paid upon the entry of appearance24
of the appellee.25
(2) (a) Each fee collected pursuant to paragraph (a) of subsection26
(1) SUBSECTION (1)(a) of this section shall be transmitted to the state27
HB24-1286
-12- treasurer and divided as follows:1
(I) One hundred fifty dollars shall be deposited in the supreme2
court library fund created pursuant to section 13-2-120;3
(II) Five dollars shall be deposited in the judicial stabilization cash4
fund created in section 13-32-101 (6); and5
(III) Sixty-eight dollars shall be deposited in the justice center6
cash fund created in section 13-32-101 (7)(a);
AND7
(IV) T
WENTY DOLLARS MUST BE DEPOSITED IN THE EQUAL JUSTICE8
FUND CREATED IN SECTION 13-5.7-205.9
(b) Each fee collected pursuant to paragraph (b) of subsection (1)
10
SUBSECTION (1)(b) of this section shall be transmitted to the state11
treasurer and divided as follows:12
(I) Seventy-five dollars shall be deposited in the supreme court13
library fund created pursuant to section 13-2-120;14
(II) Five dollars shall be deposited in the judicial stabilization cash15
fund created in section 13-32-101 (6); and16
(III) Sixty-eight dollars shall be deposited in the justice center17
cash fund created in section 13-32-101 (7)(a);
AND18
(IV) T
WENTY DOLLARS MUST BE DEPOSITED IN THE EQUAL JUSTICE19
FUND CREATED IN SECTION 13-5.7-205.20
SECTION 4. In Colorado Revised Statutes, 13-32-101, add (1.5)21
and (3)(d) as follows:22
13-32-101. Docket fees in civil actions - judicial stabilization23
cash fund - justice center cash fund - justice center maintenance fund24
- created - report - legislative declaration. (1.5) (a) B
EGINNING25
J
ANUARY 1, 2025, AN EQUAL JUSTICE FUND FEE OF TWENTY DOLLARS26
MUST BE PAID ON ALL COURT FILINGS ON FIRST APPEARANCE BY A PARTY27
HB24-1286
-13- AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION; EXCEPT FOR FILINGS IN1
SMALL CLAIMS COURT.2
(b) F
EES COLLECTED PURSUANT TO THIS SUBSECTION (1.5) MUST3
BE ANNUALLY DEPOSITED INTO THE EQUAL JUSTICE F UND CREATED IN4
SECTION 13-5.7-205.5
(3) (d) A
FILING FEE MUST NOT BE CHARGED TO A RECIPIENT OF A6
FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT OR OTHER7
QUALIFIED CIVIL LEGAL AID PROVIDER, AS DEFINED IN SECTION 13-5.7-201.8
SECTION 5. In Colorado Revised Statutes, 13-32-102, amend9
(1)(a), (1)(b), (1)(f), (6)(a)(II), (6)(b)(II), and (6)(f)(II) as follows:10
13-32-102. Fees in probate proceedings. (1) On and after July11
1, 2019, for services rendered by judges and clerks of district or probate12
courts in all counties of the state of Colorado in proceedings had pursuant13
to articles 10 to 17 of title 15, the court shall charge the following fees:14
(a) Docket fee at the time of filing first papers in any decedent's15
estate eligible for summary administrative procedures under
PURSUANT16
TO section 15-12-1203, or in any small estate of a person under disability17
qualifying under section 15-14-118, which estates involve no real18
property19
.............................................$ 83.00 103.0020
(b) Docket fee at time of filing first papers in any estate not21
coming within the provisions of subsection (1)(a) of this section22
.............................................199.00 219.0023
(f) Docket fee at time of filing first papers in each action relating24
to a trust25
.............................................199.00 219.0026
(6) (a) Each fee collected pursuant to subsection (1)(a) of this27
HB24-1286
-14- section shall be transmitted to the state treasurer and divided as follows:1
(II) On and after July 1, 2019, forty-eight dollars shall be2
deposited in the judicial stabilization cash fund created in section3
13-32-101 (6), five dollars shall be deposited in the court security cash4
fund established pursuant to section 13-1-204, fifteen dollars shall be5
deposited in the office of public guardianship cash fund established6
pursuant to section 13-94-108 (1), and fifteen dollars shall be deposited7
in the justice center cash fund created in section 13-32-101 (7)(a),
AND8
TWENTY DOLLARS SHALL BE DEPOSITED IN THE EQUAL JUSTICE FUND9
CREATED IN SECTION 13-5.7-205.10
(b) Each fee collected pursuant to subsection (1)(b) of this section11
shall be transmitted to the state treasurer and divided as follows:12
(II) On and after July 1, 2019, one hundred forty-three dollars13
shall be deposited in the judicial stabilization cash fund created in section14
13-32-101 (6), five dollars shall be deposited in the court security cash15
fund established pursuant to section 13-1-204, fifteen dollars shall be16
deposited in the justice center cash fund created in section 13-32-10117
(7)(a), thirty-five dollars shall be deposited in the office of public18
guardianship cash fund established pursuant to section 13-94-108 (1), and
19
one dollar shall be deposited in the general fund pursuant to section20
2-5-119,
AND TWENTY DOLLARS SHALL BE DEPOSITED IN THE EQUAL21
JUSTICE FUND CREATED IN SECTION 13-5.7-205.22
(f) Each fee collected pursuant to subsection (1)(f) of this section23
shall be transmitted to the state treasurer and divided as follows:24
(II) On and after July 1, 2019, one hundred forty-three dollars25
shall be deposited in the judicial stabilization cash fund created in section26
13-32-101 (6), five dollars shall be deposited in the court security cash27
HB24-1286
-15- fund established pursuant to section 13-1-204, fifteen dollars shall be1
deposited in the justice center cash fund created in section 13-32-1012
(7)(a), thirty-five dollars shall be deposited in the office of public3
guardianship cash fund established pursuant to section 13-94-108 (1), and4
one dollar shall be deposited in the general fund pursuant to section5
2-5-119,
AND TWENTY DOLLARS SHALL BE DEPOSITED IN THE EQUAL6
JUSTICE FUND CREATED IN SECTION 13-5.7-205.7
SECTION 6. In Colorado Revised Statutes, 13-16-103, amend8
(1) as follows:9
13-16-103. Costs of indigent individual. (1) (a) If the judge or10
justice of any
A court, including the supreme court, is at any time satisfied11
that any person AN INDIVIDUAL is unable to prosecute or defend any A12
civil action or special proceeding because he THE INDIVIDUAL is a poor13
person INDIGENT and unable to pay the costs and expenses thereof, the14
judge or justice, in his THE JUDGE'S OR JUSTICE'S discretion, may permit15
such person THE INDIVIDUAL to commence and prosecute or defend an16
action or proceeding without the payment of costs; but, in the event such17
person THE INDIVIDUAL prosecutes or defends an action or proceeding18
successfully, there shall MUST be a judgment entered in his THE19
INDIVIDUAL'S favor for the amount of court costs which he THAT THE20
INDIVIDUAL would have incurred except for the provision of this section,21
and this judgment shall MUST be first satisfied out of any money paid into22
court, and such THE costs shall MUST be paid to the court before any such23
A judgment is satisfied of record.24
(b) T
HE JUDGE SHALL NOT REQUIRE AN INDIVIDUAL TO PAY THE25
DOCKET FEE FOR A CIVIL ACTION AS SET FORTH IN SECTIONS 13-4-112,26
13-32-101,
AND 13-32-102 IF:27
HB24-1286
-16- (I) THE INDIVIDUAL'S INCOME IS BELOW TWO HUNDRED FIFTY1
PERCENT OF THE FEDERAL POVERTY LINE ; OR2
(II) I
N THE PRECEDING YEAR, THE INDIVIDUAL RECEIVED BENEFITS3
FROM AT LEAST ONE OF THE FOLLOWING PROGRAMS :4
(A) A
ID TO THE BLIND, AS SET FORTH IN SECTION 26-2-111 (5);5
(B) A
ID TO THE NEEDY AND DISABLED, AS SET FORTH IN SECTION6
26-2-111
(4);7
(C) O
LD AGE PENSION, AS SET FORTH IN SECTION 26-2-111 (2);8
(D) S
UPPLEMENTAL SOCIAL SECURITY DISABILITY BENEFIT ,9
PURSUANT TO 42 U.S.C. SEC. 1396 ET SEQ.;10
(E) C
OLORADO MEDICAL ASSISTANCE PROGRAM , PURSUANT TO11
ARTICLES 4, 5, AND 6 OF TITLE 25.5;12
(F) S
UPPLEMENTAL NUTRITION ASSISTANCE PROGRAM ,13
ESTABLISHED IN PART 3 OF ARTICLE 2 OF TITLE 26;14
(G) S
ECTION 8 TENANT-BASED ASSISTANCE;15
(H) T
EMPORARY ASSISTANCE FOR NEEDY FAMILIES , AS SET FORTH16
IN PART 7 OF ARTICLE 2 OF TITLE 26;17
(I) E
MERGENCY RENTAL ASSISTANCE PROGRAM , ESTABLISHED IN18
SECTION 24-32-721; OR19
(J) O
THER STATE PUBLIC ASSISTANCE PROGRAM .20
(c) A
JUDGE SHALL, AT THE JUDGE'S DISCRETION, NOT REQUIRE21
THAT AN INDIVIDUAL WITH AN ANNUAL INCOME HIGHER THAN TWO22
HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY LINE PAY A DOCKET23
FEE IN A CIVIL ACTION AS SET FORTH IN SECTIONS 13-4-112 (1), 13-32-101,24
AND 13-32-102 (1), IF THE INDIVIDUAL DEMONSTRATES THAT THE COST OF25
THE DOCKET FEE WOULD CONSTITUTE A FINANCIAL HARDSHIP .26
(d) T
O QUALIFY FOR A WAIVER OF FILING FEES PURSUANT TO27
HB24-1286
-17- SUBSECTION (1)(b) OR (1)(c) OF THIS SECTION, AN INDIVIDUAL SHALL1
PROVIDE A SWORN AFFIDAVIT THAT AFFIRMS THAT THE INDIVIDUAL 'S2
INCOME IS LESS THAN TWO HUNDRED FIFTY PERCENT OF THE FEDERAL3
POVERTY LINE OR THAT PAYMENT OF THE REQUIRED CIVIL DOCKET FEE4
WOULD CONSTITUTE A FINANCIAL HARDSHIP . A COURT MAY REQUIRE5
ADDITIONAL DOCUMENTATION OF AN INDIVIDUAL 'S INCOME, ASSETS, OR6
RECEIPT OF PUBLIC BENEFITS IF THERE IS A DOCUMENTED AND CREDIBLE7
BASIS FOR QUESTIONING THE VERACITY OF A SWORN AFFIDAVIT PROVIDED8
PURSUANT TO THIS SECTION.9
SECTION 7. In Colorado Revised Statutes, 24-77-102, amend10
(15)(b)(XIX) and (15)(b)(XX); and add (15)(b)(XXI) as follows:11
24-77-102. Definitions. As used in this article 77, unless the12
context otherwise requires:13
(15) (b) "Special purpose authority" includes, but is not limited to:14
(XIX) The Colorado electric transmission authority created in15
section 40-42-103 (1); and16
(XX) The middle-income housing authority created in section17
29-4-1104 (1);
AND18
(XXI) T
HE EQUAL JUSTICE FUND AUTHORITY CREATED IN SECTION19
13-5.7-202.20
SECTION 8. Safety clause. The general assembly finds,21
determines, and declares that this act is necessary for the immediate22
preservation of the public peace, health, or safety or for appropriations for23
the support and maintenance of the departments of the state and state24
institutions.25
HB24-1286
-18-