(1) The office of state public defender is hereby created and established as an agency of the judicial department of state government. The general assembly hereby declares that the state public defender at all times shall serve his clients independently of any political considerations or private interests, provide legal services to indigent persons accused of crime 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 provide for the appointment, terms, and procedure for a five-member public defender commission, no more than three of whom shall be from the same political party. Three of the members of the commission shall be attorneys admitted to practice law in this state, and two shall be citizens of Colorado not admitted to practice law in this state. 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.
(3) The public defender commission shall appoint and discharge, for cause, the state public defender, who shall be appointed to serve a term of five years and shall serve until his successor is appointed and qualified. He may be reappointed for one or more subsequent five- year terms. Vacancies in the office shall be filled by the public defender commission for the remainder of the unexpired term. The state public defender serving as such on July 1, 1979, shall continue to serve his current term.
(4) Members of the public defender commission shall serve without compensation but shall be reimbursed for actual and reasonable expenses incurred in the performance of their duties.
(5) Any expenses incurred for the commission shall be paid from the general operating budget of the office of the state public defender. Source: L. 69: R&RE, p. 255, § 30. C.R.S. 1963: § 39-21-1. L. 79: Entire section R&RE, p. 770, § 1, effective July 1. L. 99: (1) amended, p. 632, § 52, effective August 4.
Notes of Decisions
Cited in
9
cases, 1975–2011 · leading case:
Hodges v. People, 158 P.3d 922 (Colo. 2007).
Hodges v. People, 158 P.3d 922 (Colo. 2007).
· cites it 2× “§ 21-1-101(1), C.R.S. (2006). The OADC statute steps in to provide counsel to indigent criminal defendants where the Public Defender has a conflict of interest in providing legal representation.”
People v. Page, 907 P.2d 624 (Colo. Ct. App. 1995).
· cites it 3× “Here, neither basis for representing defendant existed at the time of his interrogation.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
· cites it 3× “Section 21-1-101(1), C.R.S.2005. The public defender determines indigency based on the submission of an application for representation made under oath.”
People v. Cardenas, 62 P.3d 621 (Colo. 2002).
· cites it 2× “See § 21-1-101 to -106, 6 C.R.S. (2002). Pursuant to section 21-1-103(3), 6 C.”
People v. Haynie, 826 P.2d 371 (Colo. Ct. App. 1991).
· cites it 2× “Specifically, defendant argues that the scope of representation by advisory counsel should be equal to that guaranteed indigent defendants represented by public defenders under § 21-1-101(1), C.R.S. (1986 Repl.Vol. 8B).”
People v. Mullins, 532 P.2d 736 (Colo. 1975).
· cites it 3× “Section 21-1-101, C.R.S. 1973. This statutory scheme does not create such a nexus as would violate the due procesé provisions, the separation of powers doctrine, or the right a defendant has to a fair trial.”
Wallin v. McCabe, 293 P.3d 81 (Colo. Ct. App. 2011).
· cites it 2× “§ 21-1-101, CRS. 2010. Accordingly, employees of the state public defender's office are employees of a public entity, and, therefore, "public employees" under the CGIA.”
People v. Mills, 163 P.3d 1129 (Colo. 2007).
“See §§ 21-1-101 to - 104, C.R.S. (2006). As a state-wide entity, the public defender's office is composed of a central administrative office, trial offices corresponding roughly to each judicial district, and a centralized appellate division that handles appeals from every…”
Colo. Rev. Stat. § 21-1-101(1): 4 cases
Hodges v. People, 158 P.3d 922 (Colo. 2007).
“§ 21-1-101(1), C.R.S. (2006). The OADC statute steps in to provide counsel to indigent criminal defendants where the Public Defender has a conflict of interest in providing legal representation.”
People v. Schupper, 140 P.3d 293 (Colo. Ct. App. 2006).
“Section 21-1-101(1), C.R.S.2005. The public defender determines indigency based on the submission of an application for representation made under oath.”
People v. Page, 907 P.2d 624 (Colo. Ct. App. 1995).
“Here, neither basis for representing defendant existed at the time of his interrogation.”
People v. Haynie, 826 P.2d 371 (Colo. Ct. App. 1991).
“Specifically, defendant argues that the scope of representation by advisory counsel should be equal to that guaranteed indigent defendants represented by public defenders under § 21-1-101(1), C.R.S. (1986 Repl.Vol. 8B).”
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