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S_JUD_2023A 04/26/2023 05:09:22 PM Committee Summary

PUBLIC
STAFF SUMMARY OF MEETING
SENATE COMMITTEE ON JUDICIARY
Date 04/26/2023
Attendance
Gardner X
Coleman X
Van Winkle X
Rodriguez X
Gonzales X
Time 05:09:22 PM to 12:22:06 AM
Place Old Supreme Court
This Meeting was called to order by Gonzales
This Report was prepared by Juliann Jenson
Hearing Items Action Taken
SB23-194 Postponed Indefinitely
HB23-1182 Amended, referred to the Committee of the Whole - Consent Calendar
HB23-1250 Referred to the Committee of the Whole
HB23-1249 Referred to Senate Appropriations
HB23-1019 Amended, referred to Senate Appropriations
HCR23-1001 Amended, referred to Senate Appropriations
HB23-1205 Amended, referred to Senate Appropriations

SB23-194 - Postponed Indefinitely


05:09:33 PM  

Chair Gonzales announced that the following bills will be rescheduled until a later date:  House Bills 23-1192, 1268, and 1280, and Senate Bill 23-158. 

Senator Gardner, on behalf of Senator Hansen, requested to postpone indefinitely Senate Bill 23-194, concerning measures to improve the administration of domestic relations proceedings.  He explained that elements of this bill were incorporated into House Bill 23-1108, victim and survivor training for judicial personnel. 



05:10:30 PM
Motion Postpone Senate Bill 23-194 indefinitely.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Excused
Final YES: 4   NO: 0   EXC: 1   ABS:  0   FINAL ACTION:  PASS



HB23-1182 - Amended, referred to the Committee of the Whole - Consent Calendar

05:10:41 PM  

Senators Gardner and Fields, co-prime sponsors, presented House Bill 23-1182, concerning a requirement for remote public access to observe criminal court proceedings.  They discussed access to virtual proceedings and transparency in government. 

 

 

05:18:33 PM  

Rebecca Wallace, representing Colorado Freedom Fund, testified in support of the bill.  She distributed a handout about ensuring public access to remote court proceedings (Attachment A). 

Jack Johnson, representing Disability Law Colorado, testified in support of the bill.

Mr. Jeff Roberts, representing Colorado Freedom of Information Coalition, testified in support of the bill.

Ms. Tracy Harmon, representing themself, testified in support of the bill.

05:29:22 PM  

Committee discussion followed about creating consistency and guardrails for remote court proceedings.  Committee members asked questions about victims, juvenile proceedings, and court discretion in certain circumstances. 

 

 

05:39:24 PM  

 Mr James Karbach, representing Colorado State Public Defender, testified to amend the bill.

Committee discussion ensued about judicial directives.

05:51:14 PM  

Mx. Dana Steiner, representing Colorado Freedom Fund, testified in support of the bill.

Steven Zansberg, representing Colorado Freedom of Information Coalition, testified in support of the bill.

Catherine Ordonez, representing American Civil Liberties Union of Colorado, testified in support of the bill.

Committee members asked questions about the bill's application in cases of juror sequestration.  Further questions were raised about related policies in other states. 

 

 

06:09:37 PM  

Mr. Tim Regan-Porter, representing Colorado Press Association, testified in support of the bill.

Dr. Michael Neil, representing Colorado Cross-Disability Coalition, testified in support of the bill.

Mr. Justin Sasso, representing Colorado Broadcasters Association, testified in support of the bill.

Written testimony about the bill may be found in Attachment B.

06:17:13 PM  

Senator Gardner distributed Amendment L.009 and explained that it allows courts on its own motion to raise issues to not broadcast  in certain circumstances (Attachment C).

 

 



06:19:14 PM
Motion Adopt amendment L.009 (Attachment C)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:20:26 PM  

Senator Gardner disributed and explained Amendment L.007, which excludes juvenile proceedings (Attachment D).



06:21:31 PM
Motion Adopt amendment L.007 (Attachment D)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
06:22:22 PM  

Senator Gonzales distributed Amendment L.008 and explained that it removes the presumption to broadcast proceedings (Attachment E). 

Committee discussion ensued about transparency and the intent of the bill. 

 



06:26:08 PM
Motion Adopt amendment L.008 (Attachment E)
Moved Gonzales
Seconded
Gardner No
Coleman No
Van Winkle No
Rodriguez Yes
Gonzales Yes
YES: 2   NO: 3   EXC: 0   ABS:  0   FINAL ACTION:  FAIL
06:26:37 PM  

The bill sponsors made closing remarks. 

06:28:35 PM  

Committee members made closing remarks. 



06:30:17 PM
Motion Refer House Bill 23-1182, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1250 - Referred to the Committee of the Whole




06:31:20 PM
Motion Refer House Bill 23-1250 to the Committee of the Whole.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1249 - Referred to Senate Appropriations


06:31:54 PM  

Senators Coleman and Simpson, co-prime sponsors, presented House Bill 23-1249, concerning measures to improve outcomes for young children by replacing justice involvement with community-based services.  The bill sponsors explained the bill by section, as well as shared reasons for supporting the bill. 

Committee members asked questions about the bill's application to certain offenses. 

 

 

07:21:53 PM  

Stuart Jenkins, representing Healthier Colorado, testified in support of the bill.

Phillip Roybal, representing Colorado Circles for Change, testified in support of the bill.

Samerah McGee, representing herself, testified in support of the bill.

Melanie Jordan, representing Office of Respondent Parents' Counsel, testified in support of the bill.

07:35:59 PM  

Committee members asked questions about collaborative management programs for youth at the county level. 

 

 

 

07:40:36 PM  

Mr. Michael Rourke, representing 19th Judicial District Attorney's Office, testified in opposition to the bill.

Ms. Jessica Dotter, representing the Colorado District Attorneys' Council, testified in opposition to the bill.

Mr. Oliver Robinson, representing the 4th Judicial District Attorney's Office, testified in opposition to the bill.

Tom Raynes, representing CDAC, testified in opposition to the bill.

07:56:04 PM  
Committee discussion ensued with the witnesses.
08:01:19 PM  

Committee members asked further questions about sex offenses and the role of the juvenile justice system in these cases.

 

08:14:42 PM  

Ms. Leona Thurston, representing themself, testified in support of the bill.

Mr. Michael Rose, representing themself, testified in support of the bill.

Lauren Krisai, representing The Justice Action Network, testified in support of the bill.

08:25:04 PM  

Anne Kelly, representing Twelfth Judicial District Attorney's Office, testified in opposition to the bill.

Ms. Kristine Rolfes, representing 18th Judicial District Attorney's Office, testified in opposition to the bill.

District Attorney Heidi McCollum, representing 5th Judicial District Attorney's Office, testified in opposition to the bill. juvie system offers a lot of reports

District Attorney Travis Sides, representing themself, testified in opposition to the bill.

Committee members asked questions about prosecuting younger children who engage in serious behavior.  Further discussion ensued about community-based resources to serve the younger population. 

 

08:45:19 PM  

Gail Ryan, representing themself, testified in support of the bill.

Julia Luciano-Burns, representing themself, testified in support of the bill.

Elizabeth Newman, representing Colorado Coalition Against Sexual Assault, testified in a neutral position on the bill.

Meighen Lovelace, representing Colorado Cross Disability Coalition, testified in support of the bill.

Committee members asked questions about accountability. 

 

09:02:22 PM  

Commissioner Steve ODorisio, representing Adams County Colorado, testified in opposition to the bill.

Ms. Erica Oosthoek, representing themself, testified in opposition to the bill.

Chief Art Acevedo, representing Colorado Association of the Chiefs of Police - Aurora Police Department, testified in opposition to the bill.

Chief Dave Hayes, representing Colorado Association of the Chiefs of Police, testified in opposition to the bill.

Committee members asked questions about the effectiveness of the criminal justice for young offenders.  Further discussion ensued about accountability and victims. 

09:24:43 PM  

Mrs. Tiffany Pelham Web, representing themself, testified in support of the bill.

Bridget Anshus, representing Mental Health Colorado, testified in support of the bill.

Ms. Laylah Rodriguez-Johnson, representing Girls Inc. of Metro Denver, testified in support of the bill.

09:32:42 PM  

Deputy Chief James Martin, representing Colorado Association of the Chiefs of Police-Pueblo Police Department, testified in opposition to the bill.

Director Minna Castillo Cohen, representing Colorado Dfepartment of Human Services, testified in opposition to the bill.

Director Stan Hilkey, representing Colorado Department of Public Safety, testified in opposition to the bill.

Commissioner George Marlin, representing Counties and Commissioners Acting Together, testified to amend the bill.

Committee discussion followed about the juvenile justice system. 

09:50:43 PM  

Katie Hecker, representing Office of the Child's Representative, testified in support of the bill.

Ms. Dana Flores, representing themself, testified in support of the bill.

Mr. Christopher DuVernay, representing themself, testified in support of the bill.

10:00:00 PM  

Mollie Steinemann, representing Colorado Municipal League, testified in opposition to the bill.

Courtney Sutton, representing Colorado Organization for Victim Assistance, testified in opposition to the bill.

Ms. Martha Johnson, representing La Plata County, testified in opposition to the bill.

Mike Valentine, representing Arapahoe County, testified in opposition to the bill.

10:13:09 PM  

Jason Hoang, representing themself, testified in support of the bill.

Katie Hancock, representing themself, testified in support of the bill.

Ms Natalie Perez, representing Stand for Children, testified in support of the bill.

10:23:15 PM  

Chanise Sena, representing themself, testified in opposition to the bill.

Sheriff David Lucero, representing County Sheriff's Of Colorado, Pueblo County Sheriff's Office, 10th Judicial District Attorney, testified in opposition to the bill.

Mrs Michelle Dossey, representing Arapahoe County Department of Human Services, testified in opposition to the bill.

Mrs. Kacey Picakard, representing themself, testified in opposition to the bill.

10:37:58 PM  

Ms. Betsy deCastro, representing themself, testified in support of the bill.

Mr Ameya Kamani, representing themself, testified in support of the bill.

Tristan Gorman, representing the Colorado Criminal Defense Bar, testified in support of the bill.

Kym Ray, representing Together Colorado, testified in support of the bill.

10:51:29 PM  

Ms. Summer Laws, representing Boulder County, testified to amend the bill.

Deveney Stormes, representing themself, testified in opposition to the bill.

Robert Stormes, representing themself, testified in opposition to the bill.

Mr. Ian Poush, representing themself, testified in opposition to the bill.

Ms. Dawn Fritz, representing Colorado Parent Teacher Association, testified in support of the bill.

11:08:48 PM  

Nicole Duncan, representing ACLU-Colorado, testified in support of the bill.

Ms. Dafna Gozani, representing themself, testified in support of the bill.

Elizabeth Logemann, representing Denver Public Schools, testified in support of the bill.

Written testimony submitted about the bill may be read in Attachment F.

11:19:49 PM  

The bill sponsors made closing remarks.

Committee members made closing remarks. 

 

 



11:33:56 PM
Motion Refer House Bill 23-1249 to the Committee on Appropriations.
Moved Rodriguez
Seconded
Gardner No
Coleman Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1019 - Amended, referred to Senate Appropriations

11:47:22 PM  

Senators Gardner and Gonzales, bill sponsors, brought forth amendments for House Bill 23-1019, judicial discipline procedures and reporting.  The bill was first heard in the Senate Judiciary Committee on April 19, 2023. 

Senator Gonzales distributed Amendment L.003 about information sharing (Attachment G). 



11:49:32 PM
Motion Adopt amendment L.003 (Attachment G)
Moved Gonzales
Seconded
Gardner No
Coleman Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS
11:49:49 PM  

Senator Gonzales distributed Amendment L.004 and explained that it adds magistrates to the judicial discipline process (Attachment H). 

The amendment was withdrawn.



11:51:15 PM
Motion Adopt amendment L.004 (Attachment H)
Moved Gonzales
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
11:51:38 PM  

Senator Gonzales distributed Amendment L.005 and explained it addresses the nominating process for members to the Commission on Judicial Discipline (Attachment I). 

 

 



11:55:08 PM
Motion Adopt amendment L.005 (Attachment I)
Moved Gonzales
Seconded
Gardner No
Coleman Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


11:58:27 PM
Motion Refer House Bill 23-1019, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HCR23-1001 - Amended, referred to Senate Appropriations


11:58:46 PM  

Senators Gardner and Gonzales, co-prime sponsors, brought forth amendments to House Concurrent Resolution 23-1001, judicial discipline procedures and confidentiality. The bill was first heard in the Senate Judiciary Committee on April 19, 2023. 

Senator Gardner distributed Amendment L.002 and explained that it addresses the composition of the rulemaking committee, as outlined in the bill (Attachment J). 

 

 



12:02:24 AM
Motion Adopt amendment L.002 (Attachment J)
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS
12:03:05 AM  

Senator Gonzales distributed Amendment L.004 and explained that it addresses related procedures for active district and county court judges (Attachment K). 



12:04:08 AM
Motion Adopt amendment L.004 (Attachment K)
Moved Gonzales
Seconded
Gardner No
Coleman Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
YES: 3   NO: 2   EXC: 0   ABS:  0   FINAL ACTION:  PASS


12:05:37 AM
Motion Refer HCR23-1001, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle Yes
Rodriguez Yes
Gonzales Yes
Final YES: 5   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  PASS



HB23-1205 - Amended, referred to Senate Appropriations


12:07:19 AM  

Senator Gardner, co-prime sponsor, brought forth amendments for House Bill 23-1205, concerning the creation of the Office of the Judicial Discipline Ombudsman. 

Senator Gardner distributed Amendment L.015, which addresses the process for submitting complaints (Attachment L). 

 

 



12:08:21 AM
Motion Adopt amendment L.015 (Attachment L)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:08:39 AM  

Senator Gardner distributed Amendment L.016, which outlines the location of the new ombuds office (Attachment M). 



12:09:33 AM
Motion Adopt amendment L.016 (Attachment M)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:09:52 AM  

Senator Gardner distributed and explained Amendment  L.021, which makes changes to the title (Attachment N). 



12:10:08 AM
Motion Adopt amendment L.021 (Attachment N)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:10:26 AM  

Senator Gardner distributed and explained Amendment L.025, which addresses best practices for the new office (Attachment O).



12:10:57 AM
Motion Adopt amendment L.025 (Attachment O)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:11:12 AM  

Senator Gardner distributed and explained Amendment L.026,which addresses data reporting and handling of complaints (Attachment P). 



12:12:48 AM
Motion Adopt amendment L.026 (Attachment P)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:13:22 AM  

Senator Gardner distrubed and explained Amendment L.028, which addresses complainant language and procedures (Attachment Q). 



12:13:44 AM
Motion Adopt amendment L.028 (Attachment Q)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:14:00 AM  

Senator Gardner distributed and explained Amendment L.029, which addresses assistance to complainants (Attachment R). 



12:14:34 AM
Motion Adopt amendment L.029 (Attachment R)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:14:53 AM  

Senator Gardner distributed and explained Amendment L.030 regarding the legislative declaration (Attachment S). 



12:15:35 AM
Motion Adopt amendment L.030 (Attachment S)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:15:53 AM  

Senator Gardner distributed and explained Amendment L.031 to clean- up Smart Act obligations (Attachment T). 



12:16:32 AM
Motion Adopt amendment L.031 (Attachment T)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Pass Without Objection
12:16:50 AM  

Senator Gardner distributed and explained Amendment L.032 about a liaison (Attachment U).  The amendment was withdrawn. 



12:17:32 AM
Motion Adopt amendment L.032 (Attachment U)
Moved Gardner
Seconded
Gardner
Coleman
Van Winkle
Rodriguez
Gonzales
YES: 0   NO: 0   EXC: 0   ABS:  0   FINAL ACTION:  Withdrawn
12:18:29 AM  

The bill sponsors made closing remarks.



12:20:33 AM
Motion Refer House Bill 23-1205, as amended, to the Committee on Appropriations.
Moved Gardner
Seconded
Gardner Yes
Coleman Yes
Van Winkle No
Rodriguez Yes
Gonzales Yes
Final YES: 4   NO: 1   EXC: 0   ABS:  0   FINAL ACTION:  PASS


12:22:06 AM   The committee adjourned.