Gov. Bill Owens has approved a measure closing a legal loophole that allowed prosecutors to charge youths as adults with crimes committed when they were younger than 14.
Owens’ decision to sign the bill fixing the glitch Wednesday drew immediate plaudits from juvenile advocates who say district attorneys already wield too much power.
The new law could influence the fate of at least one court case – out of Mesa County – now filed with the state Supreme Court. In that 1999 case, the prosecutor waited until a 13-year-old burglary suspect turned 14 before filing adult criminal charges. One of the key issues is whether the legislature intended to give district attorneys such power.
“I appreciate the governor signing the bill,” said state Sen. Ken Gordon, D-Denver. “It’s a dramatic thing to treat a juvenile with adult criminal sanctions, and we want to make sure we’re only doing it in the most correct circumstances. We always intended to set the age limit at the age of 14” and no lower.
An analysis of state court data by The Denver Post found at least four cases since 1998 in which a 13-year-old alleged offender was charged by prosecutors shortly after their next birthday, putting them on a path to prison.
The governor could not be reached for comment after signing the bill late Wednesday. Colorado is one of only 15 states that allow prosecutors to directly file charges against juveniles. The law allows them to bring charges against teens 14 and older but did not previously specify whether they had to be 14 at the time of the offense.
Gordon, after reading a Post story about a decision by the state appeals court upholding the Mesa County conviction, introduced the legislation clarifying that the statute applies to age 14 “at the time” of the crime. His bill passed both chambers without opposition.
The appellate defense attorney in the Mesa County case, Jonathan Reppucci, said he will amend his appeal to the Supreme Court to recognize “the unanimity” among lawmakers on the issue.
Mary Ellen Johnson, director of the Pendulum Foundation, which advocates for juvenile justice reforms, praised Owens and Gordon, saying the bill is a key step in reforming prosecutors’ direct-file discretion.
“We feel direct files are why so many of our kids are getting unjust adult sentences,” John son said. “We long for the day when direct file is no longer an issue.”
Staff writer Miles Moffeit can be reached at 303 820-1415 or mmoffeit@denverpost.com.
