Colorado § 21-1-101 - Public defender - policy - commission.

§ 21-1-101. Public defender - policy - commission.

(1) The office of state public defender is hereby created and established as an agency of the judicial department of state government. The general assembly hereby declares that the state public defender at all times shall serve his clients independently of any political considerations or private interests, provide legal services to indigent persons accused of crime that are commensurate with those available to nonindigents, and conduct the office in accordance with the Colorado rules of professional conduct and with the American bar association standards relating to the administration of criminal justice, the defense function.

(2) The Colorado supreme court shall provide for the appointment, terms, and procedure for a five-member public defender commission, no more than three of whom shall be from the same political party. Three of the members of the commission shall be attorneys admitted to practice law in this state, and two shall be citizens of Colorado not admitted to practice law in this state. In making appointments to the commission, the supreme court shall consider place of residence, sex, race, and ethnic background. No member of the commission shall be at any time a judge, prosecutor, public defender, or employee of a law enforcement agency.

(3) The public defender commission shall appoint and discharge, for cause, the state public defender, who shall be appointed to serve a term of five years and shall serve until his successor is appointed and qualified. He may be reappointed for one or more subsequent five-year terms. Vacancies in the office shall be filled by the public defender commission for the remainder of the unexpired term. The state public defender serving as such on July 1, 1979, shall continue to serve his current term.

(4) Members of the public defender commission shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

(5) Any expenses incurred for the commission shall be paid from the general operating budget of the office of the state public defender.

Source: L. 69: R&RE, p. 255, § 30. C.R.S. 1963: § 39-21-1. L. 79: Entire section R&RE, p. 770, § 1, effective July 1. L. 99: (1) amended, p. 632, § 52, effective August 4.

ANNOTATION

Law reviews. For note, "Colorado's Defender Act — Has the Time Arrived to Implement its Provisions?", see 36 U. Colo. L. Rev. 235 (1964). For note, "Rural Poverty and the Law in Southern Colorado", see 47 Den. L. J. 82 (1970). For note, "The Right to Effective Counsel: A Case Study of the Denver Public Defender", see 50 Den. L. J. 45 (1973).

Appointment within ambit of constitutional provision. The Colorado constitution allows the supreme court to appoint "such . . . personnel as the court may deem necessary to aid in the administration of the courts". Certainly, the general assembly's determination that the state public defender be appointed by the Colorado supreme court is within the ambit of this constitutional provision. People v. Mullins, 188 Colo. 29, 532 P.2d 736 (1975).

And is not violative of due process or separation of powers. The office of the state public defender is not unconstitutional and does not violate the separation of powers doctrine or deny defendants a trial in accord with the due process clause of the state and federal constitutions. Although the state public defender is appointed and his compensation is fixed by the Colorado supreme court, this statutory scheme does not create such a nexus as would violate the due process provisions, the separation of powers doctrine, or the right a defendant has to a fair trial. People v. Mullins, 188 Colo. 29, 532 P.2d 736 (1975).

Nor do statutory protections violate separation of powers. The statutory system in Colorado, which protects the public defender's office with certain statutory safeguards, in no way violates the principles of separation of powers or the other guarantees of due process. People v. Mullins, 188 Colo. 29, 532 P.2d 736 (1975).

Office of state public defender is clearly necessary to advance sound administration of the courts in Colorado. People v. Mullins, 188 Colo. 29, 532 P.2d 736 (1975).

The public defender's duties and responsibilities toward his clients are identical to any other Colorado attorney in all respects whether privately retained or court appointed. Espinoza v. Rogers, 470 F.2d 1174 (10th Cir. 1972).

An attorney does not act under color of state law simply because he has accepted employment as a Colorado public defender. Espinoza v. Rogers, 470 F.2d 1174 (10th Cir. 1972).