(1) At the time of a defendant’s first out-of-custody appearance in municipal court for a violation for which the municipal code allows for a possible sentence of incarceration in the pending matter, the court shall advise the defendant of the defendant’s right to court-appointed indigent defense counsel. The court may inquire and make a determination as to indigence immediately upon request or shall advise the defendant of the procedure to apply for court-appointed indigent defense counsel if the court does not make a determination as to indigence. If the court determines the defendant is indigent, the court shall appoint indigent defense counsel in the municipal case unless, after being fully advised pursuant to rule 210 of the Colorado municipal court rules of procedure and section 16-7-207the defendant makes a knowing, intelligent, and voluntary waiver of the right to court-appointed indigent defense counsel. This section does not prevent the court from making a determination of indigence in advance of an out-of-custody hearing or at the same hearing when the defendant requests appointment of indigent defense counsel.
(2) An in-custody defendant is presumed indigent, and the municipal court shall automatically appoint indigent defense counsel to represent the defendant at and during every in-custody court appearance for cases in which the municipal code allows for a possible sentence of incarceration, regardless of whether the defendant is being held on the municipal charge. The municipal court shall appoint indigent defense counsel pursuant to this section unless, after being fully advised pursuant to rule 210 of the Colorado municipal court rules of procedure and section 16-7-207the defendant makes a knowing, intelligent, and voluntary waiver of the right to court-appointed indigent defense counsel. A municipality that authorizes law enforcement to arrest an individual for an alleged municipal code violation shall ensure court-appointed indigent defense counsel is present and available to represent an in-custody defendant at all court appearances consistent with this section and at all court appearances that must occur within the time frames established in section 13-10-111.5 (2). The right to court-appointed indigent defense counsel at the hearing and the requirement that the court conduct proceedings before setting bond as required by section 13-10-111.5 (3) apply to court appearances at which the municipal court is required to set a personal recognizance bond.
(3) If a defendant remains in custody, the appointment of indigent defense counsel continues at least until the defendant is released from custody. If a defendant is released from custody, the defendant may apply for court-appointed indigent defense counsel, and the court shall appoint indigent defense counsel pursuant to subsection (1) of this section if the court determines the defendant is indigent and the municipal code allows for a possible sentence of incarceration.
(3.5) If a defendant is in custody, cannot post bail or is not allowed to post bail, and has a municipal hold but has not yet appeared before the municipal court, indigent defense counsel for the holding municipality may automatically elect to represent the defendant in the municipal case and shall notify the municipal court either verbally or in writing of the representation. If a municipal court receives notice, including from an incarcerated defendant, jail, or correctional facility, that a defendant is in custody who cannot post bail or is not allowed to post bail and who has a municipal hold, the holding municipal court shall appoint indigent defense counsel to represent the defendant while the defendant is in custody.
(4) (a) On and after January 1, 2020, each municipality shall provide independent indigent defense for each indigent defendant charged with a municipal code violation for which there is a possible sentence of incarceration. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.(b) (I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (4)(a) of this section.(II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, the provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (4)(a) of this section.(c) To satisfy the requirement described in subsection (4)(a) of this section, a municipality that contracts directly with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:(I) The process to select indigent defense attorneys is transparent and based on merit;(II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after the defense attorney is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (4)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (4), “independent entity” means:(A) The office of alternate defense counsel;(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including a municipal judge, prosecutor, or indigent defense attorney; or(C) A local or regional independent indigent defense commission, as described in subsection (4)(d) of this section.(III) (A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and the same or higher rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.(B) (Deleted by amendment, L. 2026, ch. 77, § 6, effective April 27, 2026.) (C) For the purposes of this subsection (4)(c), “fixed or flat-fee payment structure” means a fee paid as a maximum fixed amount for specified legal services, regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.(D) Notwithstanding the provisions of this subsection (4)(c)(III), this subsection (4)(c)(III) does not prohibit a contract that provides a flat fee for initial in-custody appearances, so long as the fee results in the same or higher hourly compensation than would be paid by the state of colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101.(d) (I) To satisfy the requirement described in subsection (4)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. A local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (4)(d) and may continue as established.(II) Each local or regional independent indigent defense commission established pursuant to this subsection (4)(d) must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense.(III) The terms and procedures for the members of a local or regional independent indigent defense commission established pursuant to this subsection (4)(d) are determined by the municipality or municipalities that established the independent indigent defense commission.(IV) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge them for cause.(V) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d), through its ability to supervise, appoint, and discharge the indigent defense counsel pursuant to subsection (4)(d)(IV) of this section, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice.(VI) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.(VII) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.(VIII) The members of an independent indigent defense commission established pursuant to this subsection (4)(d) shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties.
(a) On and after January 1, 2020, each municipality shall provide independent indigent defense for each indigent defendant charged with a municipal code violation for which there is a possible sentence of incarceration. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.
(b) (I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (4)(a) of this section.(II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, the provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (4)(a) of this section.
(I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (4)(a) of this section.
(II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, the provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (4)(a) of this section.
(c) To satisfy the requirement described in subsection (4)(a) of this section, a municipality that contracts directly with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:(I) The process to select indigent defense attorneys is transparent and based on merit;(II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after the defense attorney is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (4)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (4), “independent entity” means:(A) The office of alternate defense counsel;(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including a municipal judge, prosecutor, or indigent defense attorney; or(C) A local or regional independent indigent defense commission, as described in subsection (4)(d) of this section.(III) (A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and the same or higher rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.(B) (Deleted by amendment, L. 2026, ch. 77, § 6, effective April 27, 2026.) (C) For the purposes of this subsection (4)(c), “fixed or flat-fee payment structure” means a fee paid as a maximum fixed amount for specified legal services, regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.(D) Notwithstanding the provisions of this subsection (4)(c)(III), this subsection (4)(c)(III) does not prohibit a contract that provides a flat fee for initial in-custody appearances, so long as the fee results in the same or higher hourly compensation than would be paid by the state of colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101.
(I) The process to select indigent defense attorneys is transparent and based on merit;
(II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after the defense attorney is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (4)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (4), “independent entity” means:(A) The office of alternate defense counsel;(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including a municipal judge, prosecutor, or indigent defense attorney; or(C) A local or regional independent indigent defense commission, as described in subsection (4)(d) of this section.
(A) The office of alternate defense counsel;
(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including a municipal judge, prosecutor, or indigent defense attorney; or
(C) A local or regional independent indigent defense commission, as described in subsection (4)(d) of this section.
(III) (A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and the same or higher rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.(B) (Deleted by amendment, L. 2026, ch. 77, § 6, effective April 27, 2026.) (C) For the purposes of this subsection (4)(c), “fixed or flat-fee payment structure” means a fee paid as a maximum fixed amount for specified legal services, regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.(D) Notwithstanding the provisions of this subsection (4)(c)(III), this subsection (4)(c)(III) does not prohibit a contract that provides a flat fee for initial in-custody appearances, so long as the fee results in the same or higher hourly compensation than would be paid by the state of colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101.
(A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and the same or higher rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.
(B) (Deleted by amendment, L. 2026, ch. 77, § 6, effective April 27, 2026.)
(C) For the purposes of this subsection (4)(c), “fixed or flat-fee payment structure” means a fee paid as a maximum fixed amount for specified legal services, regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.
(D) Notwithstanding the provisions of this subsection (4)(c)(III), this subsection (4)(c)(III) does not prohibit a contract that provides a flat fee for initial in-custody appearances, so long as the fee results in the same or higher hourly compensation than would be paid by the state of colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101.
(d) (I) To satisfy the requirement described in subsection (4)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. A local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (4)(d) and may continue as established.(II) Each local or regional independent indigent defense commission established pursuant to this subsection (4)(d) must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense.(III) The terms and procedures for the members of a local or regional independent indigent defense commission established pursuant to this subsection (4)(d) are determined by the municipality or municipalities that established the independent indigent defense commission.(IV) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge them for cause.(V) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d), through its ability to supervise, appoint, and discharge the indigent defense counsel pursuant to subsection (4)(d)(IV) of this section, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice.(VI) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.(VII) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.(VIII) The members of an independent indigent defense commission established pursuant to this subsection (4)(d) shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties.
(I) To satisfy the requirement described in subsection (4)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. A local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (4)(d) and may continue as established.
(II) Each local or regional independent indigent defense commission established pursuant to this subsection (4)(d) must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense.
(III) The terms and procedures for the members of a local or regional independent indigent defense commission established pursuant to this subsection (4)(d) are determined by the municipality or municipalities that established the independent indigent defense commission.
(IV) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge them for cause.
(V) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d), through its ability to supervise, appoint, and discharge the indigent defense counsel pursuant to subsection (4)(d)(IV) of this section, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice.
(VI) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.
(VII) A local or regional independent indigent defense commission established pursuant to this subsection (4)(d) shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.
(VIII) The members of an independent indigent defense commission established pursuant to this subsection (4)(d) shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties.