Colorado HB 16-1309: Concerning a defendant’s right to counsel in certain cases considered by municipal courts

This bill requires the Municipal Court to appoint counsel in certain circumstances, including if a defendant is in custody or faces the possibility of custody for nonpayment of fines and fees.

You can read the full text of HB 16-1309 here. 

Key Provisions
  • If a defendant faces the risk of incarceration, the court must appoint counsel for the defendant (unless the defendant waives their right to counsel).
  • If the defendant is detained, the appointment of the counsel continues; if the defendant is released, they may apply for court-appointed counsel (assuming that the defendant is indigent and the charged offense includes a possible sentence of incarceration).
Susan Lontine, Vicki Marble
Colorado HB 16-1309