2025 Colorado Revised Statutes
Title 21 - State Public Defender (Arts. 1 - 2)
Article 2 - Alternate Defense Counsel (§§ 21-2-100.3 - 21-2-109)
§ 21-2-101. Alternate defense counsel - policy - commission
(1) The office of alternate defense counsel is hereby created and established as an agency of the judicial department of state government. The general assembly hereby declares that the alternate defense counsel shall provide legal representation in circumstances in which the state public defender has a conflict of interest in providing legal representation. The general assembly hereby declares that the alternate defense counsel at all times shall serve his or her clients independently of any political considerations or private interests, provide to indigent persons accused of crimes legal services that are commensurate with those available to nonindigents, and conduct the office in accordance with the Colorado rules of professional conduct and with the American bar association standards relating to the administration of criminal justice, the defense function.
(2) The Colorado supreme court shall appoint a nine-member alternate defense counsel commission. No more than five members of the commission shall be from the same political party. Six members of the commission shall be attorneys admitted to practice law in this state who have experience in the practice of criminal defense, and three members of the commission shall be citizens of Colorado not admitted to practice law in this state. There shall be one member from each of the congressional districts in the state. Members of the commission shall serve for terms of four years; except that, of the members first appointed, five shall serve for terms of two years. Vacancies on the commission shall be filled by the supreme court for the remainder of any unexpired term. In making appointments to the commission, the supreme court shall consider place of residence, sex, race, and ethnic background. No member of the commission shall be, at any time, a judge, prosecutor, public defender, or employee of a law enforcement agency. The supreme court shall establish procedures for the operation of the commission.
(3) The commission shall appoint, and may discharge for cause, a person to serve as alternate defense counsel who shall serve a term of five years and until a successor is appointed and qualified. Such person may be reappointed for one or more subsequent five-year terms. A vacancy in the office shall be filled by the commission for the remainder of the unexpired term.
(3.5) No later than September 30, 2007, the commission shall adopt written procedures governing the office of the alternate defense counsel, including but not limited to the hiring, evaluation, and termination of the alternate defense counsel; the resolution of contractual disputes involving the office of the alternate defense counsel; and the processing and resolution of complaints involving the office of the alternate defense counsel.
(4) The commission shall serve as an advisory board to the alternate defense counsel and shall meet at least annually. The commission shall advise the alternate defense counsel concerning the development and maintenance of competent and cost-effective representation.
(5) Members of the commission shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
(6) Any expenses incurred for the commission shall be paid from the general operating budget of the office of the alternate defense counsel.
History
Source: L. 96: Entire article added, p. 1012, § 1, effective May 23. L. 2000:(1) amended, p. 1479, § 1, effective August 2. L. 2002:(2) amended, p. 944, § 4, effective August 7. L. 2007:(2) amended and (3.5) added, p. 323, § 1, effective April 2. L. 2025:(2) amended,(SB 25-275), ch. 377, p. 2047, § 81, effective August 6.
Annotations
State Notes
ANNOTATION
Appointment of alternate defense counsel by court
is valid even if the individual attorney is not “on the official list” established by the office of alternate defense counsel. Nor does the attorney have to be appointed directly by the office of alternate defense counsel. The existence of the “list” is not a prerequisite to the provision of alternate defense counsel representation. People v. Hodges, 134 P.3d 419 (Colo. App. 2005), aff’d on other grounds, 158 P.3d 922 (Colo. 2007).
Mandatory language in the alternate defense counsel statute limitsthe district court’s authority to appoint counsel for indigent defendants to those attorneys on the “official list” established by the office of alternate defense counsel. The alternate defense counsel statute does not create a statutory right in defendants with regard to its procedural aspects; therefore, representation by counsel not on the “official list” did not violate any cognizable right of the defendant under this statute. Hodges v. People, 158 P.3d 922 (Colo. 2007).
