HOUSE BILL 24-1286
BY REPRESENTATIVE(S) Joseph and Lindsay, Bacon, Brown, Clifford,
Garcia, Mabrey, Rutinel, Velasco, Bird, Boesenecker, Daugherty, Duran,
Epps, Froelich, Herod, Jodeh, Kipp, Lieder, McCormick, Parenti, Ricks,
Sirota, Story, Titone, Vigil, Weissman, Willford, Young, McCluskie,
deGruy Kennedy, English, Hamrick, McLachlan, Ortiz, Snyder, Woodrow;
also SENATOR(S) Roberts and Priola, Buckner, Cutter, Exum,
Jaquez Lewis, Kolker, Michaelson Jenet, Winter F., Fenberg.
C
ONCERNING MEASURES TO INCREASE ACCESS TO THE COURTS FOR INDIGENT
PERSONS
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds that:
(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, are held accountable to laws that are publicly
promulgated, equally enforced, and independently adjudicated;
(b) In the absence of access to justice, people are unable to have
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. their voices heard, exercise their rights, challenge discrimination, or hold
decision-makers accountable;
(c) Providing civil legal aid to people in poverty is vital to Colorado
in supporting justice for victims of intimate partner violence, ensuring
veterans receive their well-earned benefits, protecting against elder abuse,
fighting human trafficking, protecting access to necessities such as food and
shelter, and other areas;
(d) Without access to civil legal representation, many laws and
protections remain unenforceable for low-income Coloradans;
(e) State-funded legal aid in certain civil matters reinforces the
importance of the right to counsel to ensure a fair trial;
(f) Equal access to justice would have little effective meaning if an
individual could not afford that right on the basis of income;
(g) In order to meet the needs of our most vulnerable community
members, it is necessary, appropriate, equitable, and in the best interest of
all Coloradans to create a special purpose authority to allow low-income
Coloradans access to the court system by imposing a fee on a party's first
court filing;
(h) The fee imposed is for the specific purpose of serving users of
Colorado courts, who will pay the fee on all initial pleadings and answers
because the fee:
(I) Will serve all qualified court users by increasing the efficiency
of courts for all court users by reducing slowdowns caused by
self-represented parties because providing guidance and legal assistance to
unrepresented litigants increases efficiency in courts;
(II) Will increase the provision of justice in our courts for all court
users, regardless of income, which is an interest shared among all court
users;
(III) Is collected at a rate reasonably calculated based on the overall
costs of the services provided by the authority; and
PAGE 2-HOUSE BILL 24-1286 (IV) Is not a tax;
(i) Furthering access to Colorado's civil courts is a pillar of our
democratic legal systems; and
(j) The state of Colorado must endeavor to systematically support
the delivery of equal access to legal aid services to all qualified Coloradans.
(2) Therefore, the general assembly declares that the lack of access
to civil legal justice is a problem that has serious social, legal, economic,
and political consequences, and the general assembly enacts this legislation
to fund equal access to justice and reaffirm the commitment to equitable
access to the civil legal process.
SECTION 2. In Colorado Revised Statutes, add part 2 to article 5.7
of title 13 as follows:
PART 2
EQUAL JUSTICE AUTHORITY
13-5.7-201. Definitions. A
S USED IN THIS PART 2, UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(1) "A
UTHORITY" MEANS THE EQUAL JUSTICE AUTHORITY CREATED
IN SECTION
13-5.7-202.
(2) "B
OARD" MEANS THE EQUAL JUSTICE AUTHORITY BOARD
CREATED IN SECTION
13-5.7-204.
(3) "E
QUAL JUSTICE FEE" MEANS THE FEE COLLECTED ON CIVIL
ACTIONS AS SET FORTH IN SECTIONS
13-4-112 (3)(a), 13-32-101 (9)(a), AND
13-32-102 (7)(a) PURSUANT TO THIS PART 2.
(4) "Q
UALIFIED CIVIL LEGAL AID PROVIDER" MEANS A 501 (c)(3)
NONPROFIT ORGANIZATION OTHER THAN THE COLORADO RECIPIENT OF A
FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT THAT PROVIDES
LEGAL REPRESENTATION AND ADVICE TO PEOPLE IN
COLORADO WHO ARE AT
OR BELOW TWO HUNDRED FIFTY PERCENT OF THE FEDERAL POVERTY
GUIDELINE TO SUPPORT THEIR ACCESS TO BASIC NEEDS SUCH AS HOUSING
,
EMPLOYMENT, HEALTH SERVICES, EDUCATION, AND ASSISTANCE WITH
PAGE 3-HOUSE BILL 24-1286 FAMILY MATTERS AND IMMIGRATION STATUS ISSUES .
13-5.7-202. Creation and purpose. T
HERE IS CREATED AS A
SPECIAL PURPOSE AUTHORITY
, AS DEFINED IN SECTION 24-77-102, THE
EQUAL JUSTICE AUTHORITY
, WHICH IS A BODY CORPORATE AND A POLITICAL
SUBDIVISION OF THE STATE
, WHICH SHALL NOT BE AN AGENCY OF STATE
GOVERNMENT AND SHALL NOT BE SUBJECT TO ADMINISTRATIVE DIRECTION
BY ANY DEPARTMENT
, COMMISSION, BOARD, BUREAU, OR AGENCY OF THE
STATE
. THE AUTHORITY IS RESPONSIBLE FOR DISTRIBUTING THE EQUAL
JUSTICE FEE PURSUANT TO SECTION
13-5.7-206 FOR THE PURPOSE OF
PROVIDING EQUAL ACCESS TO LEGAL AID SERVICES AND TO INCREASE
EFFICIENCY OF THE COURT SYSTEM FOR ALL COURT USERS
.
13-5.7-203. General powers. (1) I
N ADDITION TO ANY OTHER
POWERS GRANTED TO THE AUTHORITY IN THIS PART
2, THE AUTHORITY HAS
THE FOLLOWING POWERS
:
(a) T
O HAVE THE DUTIES , PRIVILEGES, IMMUNITIES, RIGHTS,
LIABILITIES, AND DISABILITIES OF A BODY CORPORATE AND POLITICAL
SUBDIVISION OF THE STATE
;
(b) T
O HAVE PERPETUAL EXISTENCE AND SUCCESSION ;
(c) T
O ADOPT, HAVE, AND USE A SEAL AND TO ALTER THE SAME AT
ITS PLEASURE
;
(d) T
O SUE AND BE SUED;
(e) T
O ENTER INTO ANY CONTRACT OR AGREEMENT NOT
INCONSISTENT WITH THIS PART
2 OR THE LAWS OF THE STATE;
(f) T
O PURCHASE, LEASE, LEASE WITH AN OPTION TO PURCHASE ,
TRADE, EXCHANGE, OR OTHERWISE ACQUIRE, MAINTAIN, HOLD, IMPROVE,
MORTGAGE, ENCUMBER, AND DISPOSE OF REAL PROPERTY AND PERSONAL
PROPERTY
, WHETHER TANGIBLE OR INTANGIBLE , AND ANY INTEREST,
INCLUDING EASEMENTS AND RIGHTS -OF-WAY, WITHOUT RESTRICTION OR
LIMITATION
;
(g) T
O ACQUIRE OFFICE SPACE, EQUIPMENT, SERVICES, SUPPLIES, AND
INSURANCE NECESSARY TO CARRY OUT THE PURPOSES OF THIS PART
2;
PAGE 4-HOUSE BILL 24-1286 (h) TO DEPOSIT ANY MONEY OF THE AUTHORITY IN ANY BANKING
INSTITUTION OR IN ANY DEPOSITORY AUTHORIZED PURSUANT TO SECTION
24-75-603, AND TO APPOINT, FOR THE PURPOSE OF MAKING SUCH DEPOSITS,
ONE OR MORE PERSONS TO ACT AS CUSTODIANS OF THE MONEY OF THE
AUTHORITY
, WHO SHALL GIVE SURETY BONDS IN SUCH AMOUNTS AND FORM
AND FOR SUCH PURPOSES AS THE BOARD REQUIRES
;
(i) T
O CONTRACT FOR AND TO ACCEPT ANY GIFTS , GRANTS, AND
LOANS OF FUNDS
, PROPERTY, OR ANY OTHER AID IN ANY FORM FROM THE
FEDERAL GOVERNMENT
, THE STATE, ANY STATE AGENCY, OR ANY OTHER
SOURCE
, OR ANY COMBINATION THEREOF, AND TO COMPLY, SUBJECT TO THE
PROVISIONS OF THIS PART
2, WITH THE TERMS AND CONDITIONS OF SUCH
CONTRACTS OR THE ACCEPTANCE OF SUCH ITEMS
;
(j) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY OR
INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS GRANTED IN THIS
PART
2, WHICH SPECIFIC POWERS SHALL NOT BE CONSIDERED AS A
LIMITATION UPON ANY POWER NECESSARY OR APPROPRIATE TO CARRY OUT
THE PURPOSES AND INTENT OF THIS PART
2;
(k) T
O FIX THE TIME AND PLACE OR PLACES AT WHICH ITS REGULAR
AND SPECIAL MEETINGS ARE TO BE HELD
;
(l) T
O ELECT ONE MEMBER AS CHAIRPERSON OF THE BOARD AND
ANOTHER MEMBER AS VICE
-CHAIRPERSON OF THE BOARD AND TO ELECT ONE
OR MORE MEMBERS AS SECRETARY AND TREASURER OF THE BOARD AND
ELECT OR APPOINT SUCH OTHER OFFICERS AS THE BOARD MAY DETERMINE
AND PROVIDE FOR THEIR DUTIES AND TERMS OF OFFICE
;
(m) T
O APPOINT AGENTS, EMPLOYEES, AND PROFESSIONAL AND
BUSINESS ADVISERS
, INCLUDING REAL ESTATE PROFESSIONALS ,
CONSTRUCTION COMPANIES , PROPERTY MANAGERS , ATTORNEYS,
ACCOUNTANTS, AND FINANCIAL ADVISERS AS MAY FROM TIME TO TIME BE
NECESSARY IN THE AUTHORITY
'S JUDGMENT TO ACCOMPLISH THE PURPOSES
OF THIS PART
2, AND TO FIX THE COMPENSATION OF SUCH AGENTS ,
EMPLOYEES, AND ADVISERS, AND TO ESTABLISH THE POWERS AND DUTIES OF
ALL AGENTS
, EMPLOYEES, AND ADVISERS, AS WELL AS ANY OTHER PERSON
CONTRACTING WITH THE AUTHORITY TO PROVIDE SERVICES
, INCLUDING
TERMINATION OF EMPLOYMENT OR THE CONTRACT FOR SERVICES
;
PAGE 5-HOUSE BILL 24-1286 (n) TO MAKE AND EXECUTE AGREEMENTS , CONTRACTS, AND OTHER
INSTRUMENTS NECESSARY OR CONVENIENT IN THE EXERCISE OF THE POWERS
AND FUNCTIONS OF THE AUTHORITY PURSUANT TO THIS PART
2, INCLUDING,
BUT NOT LIMITED TO, CONTRACTS WITH ANY PERSON , FIRM, CORPORATION,
MUNICIPALITY, STATE AGENCY , COUNTY, OR OTHER ENTITY . ALL
MUNICIPALITIES
, COUNTIES, AND STATE AGENCIES MAY ENTER INTO AND DO
ALL THINGS NECESSARY TO PERFORM ANY SUCH ARRANGEMENT OR
CONTRACT WITH THE AUTHORITY
.
(o) O
THER POWERS NECESSARY TO ACCOMPLISH THE AUTHORITY 'S
SPECIFIC GOALS AS REQUIRED PURSUANT TO THIS PART
2.
13-5.7-204. Equal justice authority board - membership and
meetings - rules. (1) T
HE AUTHORITY IS GOVERNED BY THE EQUAL JUSTICE
AUTHORITY BOARD
, WHICH IS MADE UP OF SEVEN MEMBERS WHO ARE
RESIDENTS OF THIS STATE AND HAVE A DEMONSTRATED COMMITMENT TO
PROVIDING CIVIL LEGAL AID THROUGH CURRENT OR PRIOR EMPLOYMENT
WITH A QUALIFIED CIVIL LEGAL AID PROVIDER
, OR THROUGH SUBSTANTIAL
VOLUNTEER SERVICE WITH A SIMILAR ORGANIZATION
.
(2) M
EMBERS OF THE BOARD MUST BE APPOINTED AS FOLLOWS :
(a) O
NE MEMBER APPOINTED BY THE CHIEF JUSTICE OF THE
COLORADO SUPREME COURT ;
(b) O
NE MEMBER APPOINTED BY THE ATTORNEY GENERAL ;
(c) O
NE MEMBER APPOINTED BY THE COLORADO BAR ASSOCIATION;
(d) O
NE MEMBER APPOINTED BY THE COLORADO LAWYER TRUST
ACCOUNT FOUNDATION
; AND
(e) THREE MEMBERS APPOINTED BY THE COLORADO ACCESS TO
JUSTICE COMMISSION
, AT LEAST TWO OF WHOM ARE EMPLOYED BY A
QUALIFIED CIVIL LEGAL AID PROVIDER
, AND AT LEAST ONE OF WHOM IS
EMPLOYED BY A QUALIFIED CIVIL LEGAL AID PROVIDER THAT EMPLOYS TEN
OR FEWER FULL
-TIME ATTORNEYS.
(3) T
HE APPOINTING AUTHORITIES SHALL MAKE REASONABLE
EFFORTS TO APPOINT BOARD MEMBERS THAT REFLECT THE GEOGRAPHIC AND
PAGE 6-HOUSE BILL 24-1286 DEMOGRAPHIC DIVERSITY OF THE STATE , INCLUDING MEMBERS FROM BOTH
RURAL AND URBAN PARTS OF THE STATE
, AND MEMBERS OF DIVERSE
POLITICAL
, RACIAL, ABILITY, CULTURAL GROUP, AND SOCIOECONOMIC
STATUS
.
(4) M
EMBERS SERVE TERMS OF THREE YEARS ; EXCEPT THAT INITIAL
TERMS OF THE MEMBERS APPOINTED BY THE
COLORADO ACCESS TO JUSTICE
COMMISSION ARE TWO
-YEAR TERMS IN ORDER TO STAGGER THE TERMS SO
THAT NO MORE THAN FOUR MEMBERS
' TERMS EXPIRE IN THE SAME YEAR. THE
APPOINTING AUTHORITIES SHALL DESIGNATE THE INITIAL TERMS AND FILL
ANY VACANCIES ON THE BOARD
.
(5) T
ERMS EXPIRE ON DECEMBER 31 OF THE FINAL YEAR OF THE
TERM
.
(6) M
EMBERS MAY BE REAPPOINTED TO SERVE TWO ADDITIONAL
TERMS
.
(7) A
MEMBER MAY BE REMOVED FROM THE BOARD BY MAJORITY
VOTE OF THE BOARD FOR MISFEASANCE
, MALFEASANCE, WILLFUL NEGLECT
OF DUTY
, OR OTHER CAUSE AFTER NOTICE AND A PUBLIC HEARING , UNLESS
NOTICE AND A PUBLIC HEARING ARE EXPRESSLY WAIVED IN WRITING BY THE
MEMBER BEING REMOVED
.
(8) T
HE BOARD SHALL MEET AT LEAST FOUR TIMES PER YEAR .
(9) T
HE BOARD SHALL ELECT A CHAIR AND A VICE-CHAIR AT ITS FIRST
MEETING OF EACH CALENDAR YEAR
.
(10) M
EMBERS SERVE WITHOUT COMPENSATION BUT MUST BE
REIMBURSED FOR ACTUAL AND REASONABLE EXPENSES INCURRED IN THE
PERFORMANCE OF THEIR DUTIES
.
(11) T
HE BOARD SHALL ADOPT ITS OWN RULES OF PROCEDURE AND
KEEP A RECORD OF ALL PROCEEDINGS
.
(12) T
HE BOARD, BY RESOLUTION, SHALL ESTABLISH RULES TO
ENSURE MONEY RECEIVED FROM A GRANT IS USED FOR PURPOSES SPECIFIED
IN SECTION
13-5.7-206 AND TO ESTABLISH A FUNDING FORMULA TO USE TO
DETERMINE THE GRANT DISTRIBUTION AMOUNT FOR EACH QUALIFIED CIVIL
PAGE 7-HOUSE BILL 24-1286 LEGAL AID PROVIDER.
(13) (a) T
HE AUTHORITY MAY COOPERATE AND ENTER INTO
CONTRACTS WITH THE COMMISSION OR ANOTHER AGENCY OR ENTITY
, FOR
ADMINISTRATIVE OR OPERATIONAL ASSISTANCE
, INCLUDING FOR STAFFING.
(b) T
HE AUTHORITY SHALL PAY THE CONTRACTED ENTITY IN
ADVANCE FOR ALL AGREED UPON COSTS INCURRED BY THE CONTRACTED
ENTITY IN PROVIDING STAFFING FOR THE AUTHORITY TO CARRY OUT ITS
MISSION
, INCLUDING COMPENSATION FOR EMPLOYEES STAFFING THE
AUTHORITY AND ANY ADMINISTRATION AND INDIRECT COSTS ASSOCIATED
WITH STAFFING THE AUTHORITY
.
(14) I
F THE CONTRACTED ENTITY EXPECTS TO INCUR ACTUAL COSTS
AS A RESULT OF STAFFING THE AUTHORITY THAT EXCEEDS THE AMOUNT
PROVIDED BY THE AUTHORITY PURSUANT TO SECTION
13-5.7-206, THE
AUTHORITY SHALL PAY THE CONTRACTED ENTITY FOR ALL COSTS INCURRED
BY THE CONTRACTED ENTITY IN PROVIDING STAFFING TO THE AUTHORITY
,
INCLUDING, BUT LIMITED TO, COMPENSATION FOR EMPLOYEES STAFFING THE
AUTHORITY AND ADMINISTRATIVE COSTS IN AN AMOUNT AGREED UPON BY
THE AUTHORITY AND CONTRACTED ENTITY
.
(15) T
HE ATTORNEY GENERAL SHALL REPRESENT THE AUTHORITY IN
A CAUSE OF ACTION
.
13-5.7-205. Imposition and collection of the equal justice fee.
(1)
BEGINNING JANUARY 1, 2025, THE AUTHORITY SHALL IMPOSE, AND THE
COURT SHALL COLLECT ON BEHALF OF THE AUTHORITY
, AN EQUAL JUSTICE
FEE IN THE AMOUNT SPECIFIED IN SECTIONS
13-4-112 (3), 13-32-101 (9), AND
13-32-102 (7) ON THE COURT FILINGS SPECIFIED IN SECTIONS 13-4-112 (1)(a)
AND (1)(b); 13-32-101 (1), EXCEPT FILINGS IN SMALL CLAIMS COURT; AND
13-32-102 (1)(a), (1)(b), AND (1)(f). FOR THE PURPOSE OF MINIMIZING
COMPLIANCE COSTS FOR COURT USERS AND ADMINISTRATIVE COSTS FOR THE
AUTHORITY
, THE COURT SHALL COLLECT THE EQUAL JUSTICE FEE ON BEHALF
OF THE AUTHORITY IN THE SAME MANNER IN WHICH IT COLLECTS COURT
FILING FEES IMPOSED BY SECTIONS
13-4-112, 13-32-101, AND 13-32-102;
EXCEPT THAT THE COURT SHALL NOT TRANSMIT THE COLLECTED EQUAL
JUSTICE FEES TO THE STATE TREASURER FOR DEPOSIT TO ANY STATE FUND
BUT SHALL INSTEAD REMIT THE FEES COLLECTED TO THE AUTHORITY IN
ACCORDANCE WITH THE PROCESS DEVELOPED PURS UANT TO SUBSECTION
(2)
PAGE 8-HOUSE BILL 24-1286 OF THIS SECTION.
(2) T
HE AUTHORITY SHALL MAINTAIN AN ACCOUNT IN A FINANCIAL
INSTITUTION TO WHICH ALL MONEY COLLECTED FOR THE EQUAL JUSTICE FEE
IS DEPOSITED
. THE AUTHORITY SHALL WORK WITH THE JUDICIAL
DEPARTMENT TO DEVELOP A PROCESS THAT ENSURES THAT EACH COURT IS
ABLE TO PROMPTLY AND EFFICIENTLY DEPOSIT ALL EQUAL JUSTICE FEES
COLLECTED DIRECTLY TO THE ACCOUNT OR OTHERWISE PROMPTLY AND
EFFICIENTLY REMIT SUCH FEES TO THE AUTHORITY
.
(3) E
QUAL JUSTICE FEES COLLECTED AND REMITTED TO THE
AUTHORITY PURSUANT TO THIS SECTION ARE NOT STATE REVENUE
.
13-5.7-206. Distribution of equal justice fees - purpose. (1) O
N
JULY 1, 2025, AND EACH JULY 1 THEREAFTER, THE AUTHORITY SHALL
ANNUALLY DISTRIBUTE ALL MONEY DEPOSITED INTO THE AUTHORITY
'S
ACCOUNT AS REQUIRED BY SECTION
13-5.7-205 (2), LESS THE AUTHORITY'S
DIRECT AND INDIRECT EXPENSES IN ADMINISTERING THE REQUIREMENTS OF
THIS PART
2 AND ANY OTHER RELATED WORK COMPLETED TO ADVANCE THE
MISSION OF THE AUTHORITY
. THE AUTHORITY SHALL DISTRIBUTE
SIXTY
-SEVEN PERCENT OF THE REMAINING REVENUE TO THE COLORADO
RECIPIENT OF A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND
THIRTY
-THREE PERCENT TO QUALIFIED CIVIL LEGAL AID PROVIDERS .
(2) T
HE BOARD, BY RESOLUTION, SHALL ESTABLISH A FUNDING
FORMULA TO USE TO DETERMINE THE DISTRIBUTION AMOUNT FOR EACH
QUALIFIED CIVIL LEGAL AID PROVIDER
. IN DEVELOPING THE FORMULA , THE
BOARD SHALL CONSIDER THE FOLLOWING FACTORS
:
(a) T
HE NUMBER OF ATTORNEY HOURS SPENT SERVING PEOPLE IN
COLORADO IN POVERTY IN THE PREVIOUS YEAR ;
(b) T
HE NUMBER OF FULL-TIME ATTORNEYS EMPLOYED BY THE
QUALIFIED CIVIL LEGAL AID PROVIDER
;
(c) T
HE NUMBER OF INDIVIDUALS LIVING IN POVERTY WHO RECEIVE
LEGAL REPRESENTATION OR LEGAL ADVICE FROM THE QUALIFIED CIVIL
LEGAL AID PROVIDER
;
(d) G
EOGRAPHIC REACH OF SERVICES; AND
PAGE 9-HOUSE BILL 24-1286 (e) ABILITY AND EXPERIENCE SERVING POPULATIONS WITH BARRIERS
TO LEGAL ASSISTANCE
, INCLUDING PEOPLE WITH DISABILITIES AND PEOPLE
WITH LIMITED
ENGLISH PROFICIENCY.
(3) I
N ESTABLISHING THE FUNDING FORMULA PURSUANT TO
SUBSECTION
(2) OF THIS SECTION, THE BOARD SHALL CONSIDER THE VITAL
IMPORTANCE OF THE WORK OF QUALIFIED CIVIL LEGAL AID PROVIDERS THAT
EMPLOY TEN OR FEWER FULL
-TIME ATTORNEYS TO LOW-INCOME COLORADO
COMMUNITIES
.
(4) M
ONEY RECEIVED FROM A GRANT MUST BE USED FOR THE
FOLLOWING PURPOSES
:
(a) T
O PROVIDE ACCESS TO LEGAL REPRESENTATION TO INDIGENT
PERSONS BY PROVIDING ANNUAL GRANTS TO THE
COLORADO RECIPIENT OF
A FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER
QUALIFIED CIVIL LEGAL AID PROVIDERS PURSUANT TO THIS SECTION
;
(b) T
O INCREASE THE EFFICIENCY OF COLORADO COURTS FOR ALL
COURT USERS BY REDUCING SLOWDOWNS CAUSED BY
SELF
-REPRESENTATION; AND
(c) TO PAY THE DIRECT AND INDIRECT COSTS OF ADMINISTERING THE
REQUIREMENTS OF THIS PART
2, INCLUDING PAYMENT FOR COSTS
ASSOCIATED WITH STAFFING THE AUTHORITY AND REIMBURSEMENT OF THE
ACTUAL AND NECESSARY EXPENSES OF BOARD MEMBERS AS REQUIRED BY
SECTION
13-5.7-204.
13-5.7-207. Report. (1) O
N OR BEFORE JANUARY 1, 2026, AND
EACH
JANUARY 1 THEREAFTER, THE AUTHORITY SHALL PREPARE AND SUBMIT
A REPORT TO THE HOUSE OF REPRESENTATIVES JUDICIARY COMMITTEE AND
THE SENATE JUDICIARY COMMITTEE
, OR THEIR SUCCESSOR COMMITTEES ,
THAT DETAILS THE USE OF THE EQUAL JUSTICE FEES . AT A MINIMUM, THE
REPORT MUST INCLUDE
:
(a) H
OW MUCH MONEY WAS COLLECTED IN EQUAL JUSTICE FEES AND
DEPOSITED IN THE AUTHORITY
'S ACCOUNT AS REQUIRED BY SECTION
13-5.7-205 (2) IN THE PRECEDING YEAR;
(b) H
OW MUCH MONEY THE COLORADO RECIPIENT OF A FEDERAL
PAGE 10-HOUSE BILL 24-1286 LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL
LEGAL AID PROVIDERS RECEIVED FROM THE COLLECTED EQUAL JUSTICE FEES
IN THE PRECEDING YEAR
;
(c) T
HE AMOUNT OF MONEY RECEIVED FROM THE COLLECTED EQUAL
JUSTICE FEES THAT REMAINED UNUSED BY THE
COLORADO RECIPIENT OF A
FEDERAL LEGAL SERVICES CORPORATION FIELD GRANT AND THE QUALIFIED
CIVIL LEGAL AID PROVIDERS AT THE CONCLUSION OF THE PRECEDING YEAR
;
AND
(d) THE TYPES OF LEGAL SERVICES PROVIDED TO INDIVIDUALS WHO
RECEIVED LEGAL SERVICES FROM THE
COLORADO RECIPIENT OF A FEDERAL
LEGAL SERVICES CORPORATION FIELD GRANT AND OTHER QUALIFIED CIVIL
LEGAL AID PROVIDERS THAT RECEIVED MONEY FROM THE COLLECTED EQUAL
JUSTICE FEES
.
SECTION 3. In Colorado Revised Statutes, 13-4-112, add (3) as
follows:
13-4-112. Fees of the clerk of court of appeals - equal justice fee
collection. (3) B
EGINNING JANUARY 1, 2025, THE CLERK OF THE COURT OF
APPEALS SHALL COLLECT THE EQUAL JUSTICE FEE ON FILINGS SPECIFIED IN
SUBSECTIONS
(1)(a) AND (1)(b) OF THIS SECTION ON BEHALF OF THE EQUAL
JUSTICE AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE IN THE AMOUNT
OF THIRTY DOLLARS IN THE MANNER SPECIFIED IN SECTION
13-5.7-205 (2).
SECTION 4. In Colorado Revised Statutes, 13-32-101, add (9) as
follows:
13-32-101. Docket fees in civil actions - judicial stabilization cash
fund - justice center cash fund - justice center maintenance fund - equal
justice fee collection - created - report - legislative declaration.
(9) B
EGINNING JANUARY 1, 2025, THE COURT SHALL COLLECT THE EQUAL
JUSTICE FEE ON FILINGS SPECIFIED IN SUBSECTION
(1) OF THIS SECTION IN THE
AMOUNT OF THIRTY DOLLARS ON CIVIL ACTIONS FILED IN DISTRICT COURT
AND TEN DOLLARS ON CIVIL ACTIONS FILED IN COUNTY COURT
, EXCEPT FOR
FILINGS IN SMALL CLAIMS COURT
, ON BEHALF OF THE EQUAL JUSTICE
AUTHORITY AND TRANSMIT THE EQUAL JUSTICE FEE IN THE MANNER
SPECIFIED IN SECTION
13-5.7-205 (2).
PAGE 11-HOUSE BILL 24-1286 SECTION 5. In Colorado Revised Statutes, 13-32-102, add (7) as
follows:
13-32-102. Fees in probate proceedings - equal justice fee
collection. (7) B
EGINNING JANUARY 1, 2025, THE COURT SHALL COLLECT
THE EQUAL JUSTICE FEE IN THE AMOUNT OF THIRTY DOLLARS ON FILINGS
SPECIFIED IN SUBSECTIONS
(1)(a), (1)(b), AND (1)(f) OF THIS SECTION ON
BEHALF OF THE EQUAL JUSTICE AUTHORITY AND TRANSMIT THE EQUAL
JUSTICE FEE IN THE MANNER SPECIFIED IN SECTION
13-5.7-205 (2).
SECTION 6. In Colorado Revised Statutes, 24-77-102, amend
(15)(b)(XIX) and (15)(b)(XX); and add (15)(b)(XXI) as follows:
24-77-102. Definitions. As used in this article 77, unless the context
otherwise requires:
(15) (b) "Special purpose authority" includes, but is not limited to:
(XIX) The Colorado electric transmission authority created in
section 40-42-103 (1); and
(XX) The middle-income housing authority created in section
29-4-1104 (1);
AND
(XXI) THE EQUAL JUSTICE AUTHORITY CREATED IN SECTION
13-5.7-202.
SECTION 7. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 12-HOUSE BILL 24-1286 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
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 13-HOUSE BILL 24-1286