(1) When representing an indigent person, the state public defender, only after the conditions of section 21-1-103 have been met, shall:
(a) Counsel and defend him, whether he is held in custody, filed on as a delinquent, or charged with a criminal offense or municipal code violation at every stage of the proceedings following arrest, detention, or service of process; and
(b) Prosecute any appeals or other remedies before or after conviction that the state public defender considers to be in the interest of justice, except as limited in subsection (3) of this section.
(2) In no case, however, shall the state public defender be required to prosecute any appeal or other remedy unless the state public defender is satisfied first that there is arguable merit to the proceeding.
(3) In order to expedite death penalty appeals, state moneys shall not be used to prosecute any appeal on behalf of the defendant in any class 1 felony case where the death penalty has been imposed that is not an appeal as of right in state court. In addition, in any class 1 felony case where the death penalty has been imposed, state moneys shall not be used to prosecute any federal habeas corpus proceeding on behalf of the petitioner, unless the petitioner is seeking to prevent extradition. For purposes of this subsection (3), "appeal as of right" means a direct appeal on behalf of the defendant of the validity of the underlying conviction and the propriety of the sentence and a motion for postconviction relief properly brought by the defendant in accordance with rule 35 of the Colorado rules of criminal procedure and any appeal on behalf of the defendant of the denial of such motion.
(4) Notwithstanding section 24-1-136 (11)(a)(I), pursuant to section 2-7-203, the state public defender shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:
(a) The number of juvenile delinquency cases for which counsel from the office is appointed;
(b) The number of juvenile cases that involve a conflict of interest;
(c) The process of selecting, training, and supporting attorneys who represent children in juvenile delinquency court;
(d) The average length of time attorneys are assigned to juvenile court;
(e) The outcome of efforts to reduce juvenile court rotations and increase opportunities for promotional advancement in salaries for attorneys in juvenile court; and
(f) The process of training attorneys and other employees of the office concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.
(5) The state public defender shall hire social workers, as defined in section 12-245-401 (9), to assist in defending juvenile defendants.
(6) The office of state public defender shall provide one or more public defender liaisons to the department of corrections and the state board of parole to assist inmates or inmate liaisons with legal matters related to detainers, bonds, holds, warrants, competency, special needs parole applications, and commutation applications. The office of state public defender, in consultation with the state board of parole and the department of corrections, shall develop any necessary policies and procedures for implementation of this subsection (6). Source: L. 69: R&RE, p. 256, § 30. C.R.S. 1963: § 39-21-4. L. 81: IP(1) amended, p. 924, § 3, effective May 26. L. 94: (1)(b) amended and (3) added, p. 1475, § 4, effective July 1. L. 2014: (5) added, (HB 14-1023), ch. 177, p. 649, § 1, effective May 14; (4) added, (HB 14- 1032), ch. 247, p. 955, § 9, effective November 1. L. 2017: IP(4) amended, (SB 17-233), ch. 175, p. 637, § 1, effective August 9. L. 2019: (4)(d) and (4)(e) amended and (4)(f) added, (SB 19-223), ch. 227, p. 2291, § 16, effective July 1; (5) amended, (HB 19-1172), ch. 136, p. 1682, § 114, effective October 1. L. 2021: (6) added, (SB 21-146), ch. 459, p. 3084, § 6, effective July 6.
21-1-105. Appointment of other attorney or investigator in place of public defender - contracts for services. (Repealed) Source: L. 69: R&RE, p. 256, § 30. C.R.S. 1963: § 39-21-5. L. 95: Entire section amended, p. 1407, § 1, effective July 1. L. 96: Entire section repealed, p. 1015, § 2, effective May 23.
Notes of Decisions
Cited in
18
cases (
4 in the last 5 years), 1987–2026 · leading case:
Silva v. People, 156 P.3d 1164 (Colo. 2007).
Silva v. People, 156 P.3d 1164 (Colo. 2007).
· cites it 28× “Laws 2165 , 2176; § 21-1-104, 1994 Colo. Sess. Laws 1473 , 1475; § 21-1-103, 2000 Colo.”
People v. Starkweather, 159 P.3d 665 (Colo. Ct. App. 2006).
· cites it 4× “1995); see § 21-1-104(1)(b), C.R.S.2005 (public defender to pursue, on behalf of indigent person, "any appeals or other remedies before or after conviction that [it] considers to be in the interest of justice"); § 21-1-104(2), C.”
People v. Valdez, 178 P.3d 1269 (Colo. Ct. App. 2007).
· cites it 3× “Defendant’s Right to Effective Postconviction Counsel Under section 21-1-104(2), C.R.S.2007, defendant here had a limited statutory right to the effective assistance of postconvietion counsel.”
Murphy v. People, 863 P.2d 301 (Colo. 1993).
· cites it 6× “This authority has been implied from the statutory language of § 21-1-103(1) and § 21-1-104, 8B C.R.S. (1986). Section 21-1-103 states that the public defender shall represent indigent persons under arrest or charged with a felony if the defendant requests it or the court so…”
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006).
· cites it 10× “Second, of the two statutes cited in Hickey and Naranjo , § 21-1-103 deals generally with representation of indigent persons, while § 21-1-104 establishes particular duties of the Public Defender.”
Gibson v. Turpin, 513 S.E.2d 186 (Ga. 1999).
· cites it 2× “1999); Colo.Rev.Stat. § 21-1-104 (1997); Conn. Gen.”
In re People v. Shank, 2018 CO 51 (Colo. 2018).
· cites it 3× “§ 21-1-104(1), C.R.S. (2017) (emphases added).”
People v. Naranjo, 738 P.2d 407 (Colo. Ct. App. 1987).
· cites it 2× “” See § 21-1-104, C.R.S. (1986 Repl.Vol. 8B). Therefore, since defendant did not have legal representation during the course of his first Crim.”
People v. Demarest, 801 P.2d 6 (Colo. Ct. App. 1990).
· cites it 2× “Denial of the Request to Withdraw The public defender argues that withdrawal is mandated by § 21-1-104(2), C.R.S. (1986 Repl. Vol. 8B) which provides in pertinent part that: “In no ease .”
People v. Chang, 179 P.3d 240 (Colo. Ct. App. 2007).
· cites it 2× “3d at 1168 ; see § 21-1-104(2), C.R.S.2006 (public defender is not required “to prosecute any appeal or other remedy unless the state public defender is satisfied first that there is arguable merit to the proceeding”).”
People v. Breaman, 939 P.2d 1348 (Colo. 1997).
“(1986) (“In no ease, however, shall the state public defender be required to prosecute any appeal or other remedy unless the state public defender is satisfied first that there is arguable merit to the proceeding.”); Colo. RPC 3.1 (“A lawyer shall not bring or defend a…”
— Colo. Rev. Stat. § 21-1-104(1) — 1 case
— Colo. Rev. Stat. § 21-1-104(1)(b) — 4 cases
Silva v. People, 156 P.3d 1164 (Colo. 2007).
“Laws 2165 , 2176; § 21-1-104, 1994 Colo. Sess. Laws 1473 , 1475; § 21-1-103, 2000 Colo.”
People v. Starkweather, 159 P.3d 665 (Colo. Ct. App. 2006).
“1995); see § 21-1-104(1)(b), C.R.S.2005 (public defender to pursue, on behalf of indigent person, "any appeals or other remedies before or after conviction that [it] considers to be in the interest of justice"); § 21-1-104(2), C.”
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006).
“Second, of the two statutes cited in Hickey and Naranjo , § 21-1-103 deals generally with representation of indigent persons, while § 21-1-104 establishes particular duties of the Public Defender.”
— Colo. Rev. Stat. § 21-1-104(2) — 11 cases
Silva v. People, 156 P.3d 1164 (Colo. 2007).
“Laws 2165 , 2176; § 21-1-104, 1994 Colo. Sess. Laws 1473 , 1475; § 21-1-103, 2000 Colo.”
People v. Valdez, 178 P.3d 1269 (Colo. Ct. App. 2007).
“Defendant’s Right to Effective Postconviction Counsel Under section 21-1-104(2), C.R.S.2007, defendant here had a limited statutory right to the effective assistance of postconvietion counsel.”
People v. Starkweather, 159 P.3d 665 (Colo. Ct. App. 2006).
“1995); see § 21-1-104(1)(b), C.R.S.2005 (public defender to pursue, on behalf of indigent person, "any appeals or other remedies before or after conviction that [it] considers to be in the interest of justice"); § 21-1-104(2), C.”
People v. Silva, 131 P.3d 1082 (Colo. Ct. App. 2006).
“Second, of the two statutes cited in Hickey and Naranjo , § 21-1-103 deals generally with representation of indigent persons, while § 21-1-104 establishes particular duties of the Public Defender.”
People v. Demarest, 801 P.2d 6 (Colo. Ct. App. 1990).
“Denial of the Request to Withdraw The public defender argues that withdrawal is mandated by § 21-1-104(2), C.R.S. (1986 Repl. Vol. 8B) which provides in pertinent part that: “In no ease .”
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