HB 26-1134

House Bill 26-1134, known as the Fairness & Transparency in Municipal Court Act, ensures that people facing charges in municipal court have the right to legal representation and that their lawyers receive the same information and access as state-level defense attorneys. The bill also bans municipalities from paying indigent defense lawyers a fixed fee if they handle domestic violence cases, unless the flat fee is equal to or higher than what would be earned on an hourly basis. Additionally, it mandates virtual public observation for all in-custody court proceedings and requires prompt resolution of municipal cases. Since this bill has been signed into law, these changes are now in effect across Colorado's municipalities.

Official Summary

The act clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice requirements, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The act applies the prohibition to all municipalities and allows a flat fee arrangement if the flat fee is the same or higher than a resulting fee based on hourly compensation.     Current law requires municipal court proceedings to be open to public observation. The act requires virtual observation for all in-custody proceedings and prompt resolution of municipal cases.(Note: This summary applies to this bill as enacted.)

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