Colorado’s elected district attorneys are asking for the dismissal of a federal lawsuit filed over when public defenders are appointed in misdemeanor cases.
The Colorado Criminal Defense Bar and Colorado Criminal Justice Reform have sued the state because public defenders are appointed only after defendants meet with a prosecutor. That, the lawsuit says, denies defendants their constitutional right to an attorney, forces many defendants to plead guilty and is contrary to a 2008 U.S. Supreme Court ruling that defendants have a right to an attorney at their first court hearing.
Boulder DA Stan Garnett argues in an opinon filed last week that the issue is better left to the Legislature, not the courts. The opinion was filed on behalf of a district attorneys’ group.
