In re Colorado v. Greer
Annotate this CaseA county court ruled that defendant Nicholas Greer was not entitled to state-funded legal representation because he was not indigent. The State charged defendant with careless driving and leaving the scene of an accident. Greer applied for court-appointed counsel by completing and submitting Judicial Department Form (“JDF”) 208. In attempting to establish his indigency, Greer reported that he was unemployed and had no income or assets. He acknowledged, however, that he and his daughter lived rent-free in his parents’ home and that his parents covered all of his household expenses. Greer further disclosed that his household had a monthly gross income of $7,200 and monthly expenses totaling approximately $6,000. After reviewing Greer’s application, the public defender concluded that he was indigent and thus qualified for court-appointed counsel. The county court questioned that assessment, however. In response, the public defender argued that Greer’s parents’ income should not be considered because, although they have “chosen to share their home” with him and cover his household expenses, they had “not chosen to share their income” with him. The public defender then noted that Greer’s parents are not willing to pay for an attorney to represent him in this case and that he has no basis to compel them to do so. The Colorado Supreme Court concluded defendant was indeed indigent: "when his parents’ income is excluded from the indigency determination, it becomes readily apparent that the defendant’s current financial status does not afford him equal access to the legal process." Because the county court took into account defendant’s parents’ income in rejecting his application for court-appointed counsel, the Court reversed the county court and remanded for further proceedings.
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