Colorado § 13-92-103 - Respondent parents' counsel - commission - office - duties - qualifications of director.

§ 13-92-103. Respondent parents' counsel - commission - office - duties - qualifications of director.

(1) (a) On and after January 1, 2016, the office of the respondent parents' counsel is created within the judicial department. It is the responsibility of the office to work cooperatively with local judicial districts and attorneys to form a partnership between those entities and persons, parents, and the state for the purpose of ensuring the provision of uniform, high-quality legal representation for parents involved in judicial dependency and neglect proceedings in Colorado and who lack the financial means to afford legal representation.

(b) As of July 1, 2016, all existing respondent parent counsel appointments must be transferred to the office and, after July 1, 2016, the office shall make all new respondent parent counsel appointments.

(2) (a) The Colorado supreme court shall appoint a nine-member respondent parents' counsel governing commission on or before July 1, 2015. In appointing the membership of the commission, the court shall, to the extent practicable, include persons from throughout the state and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state. The court shall make the appointments as follows:

(I) No more than five members of the commission may be from the same political party;

(II) The members must represent each of the congressional districts in the state;

(III) At least six members must be attorneys admitted to practice law in this state, three of whom have experience in serving as a respondent parent counsel;

(IV) The remaining three members may be selected as appropriate, but the supreme court is encouraged to appoint at least one member who was a former respondent parent; and

(V) Commission members must not currently be under contract with the office or employed by the state department of human services, a county department of human or social services, or be serving currently as a city or county attorney, judge, magistrate, court-appointed special advocate, guardian ad litem, or counsel for youth.

(b) Commission members serve for terms of four years; except that, of the members first appointed, five shall serve for terms of two years. The supreme court shall fill any vacancies on the commission for the remainder of any unexpired term.

(c) The supreme court shall establish procedures for the operation of the commission.

(d) Commission members shall serve without compensation but must be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

(e) Expenses incurred by the commission must be paid from the general operating budget of the office of the respondent parents' counsel.

(3) The commission has the following duties:

(a) On or before January 1, 2016, and as necessary thereafter, to appoint, and discharge for cause, a person to serve as the director of the office;

(b) To fill any vacancy in the directorship; and

(c) To work cooperatively with the director to provide governance to the office, to provide fiscal oversight of the general operating budget of the office, to participate in funding decisions relating to the provision of respondent parent counsel, and to assist with the duties of the office concerning respondent parent counsel training, as needed.

(4) (a) The director must have at least five years of experience as a licensed attorney prior to appointment, and either be licensed to practice law in Colorado at the time of appointment or be able to become licensed to practice law in Colorado within six months after appointment, and be familiar with the unique demands of representing respondent parents in dependency and neglect cases in Colorado. The director shall devote the director's full time to the performance of the director's duties as director and shall not engage in the private practice of law.

(b) The general assembly shall fix the director's compensation, which may not be reduced during his or her appointment.

Source: L. 2014: Entire article added, (SB 14-203), ch. 281, p. 1140, § 1, effective August 6. L. 2015: Entire section amended, (HB 15-1149), ch. 116, p. 351, § 3, effective April 24. L. 2016: IP(2)(a) amended, (SB 16-189), ch. 210, p. 758, § 23, effective June 6. L. 2022: IP(2)(a) and (2)(a)(V) amended, (HB 22-1038), ch. 92, p. 439, § 17, effective January 9, 2023. L. 2024: (4)(a) amended, (HB 24-1102), ch. 63, p. 212, § 2, effective August 7.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.