Equal justice under the law isn’t just a slogan. It’s a foundational principle of our legal system, and one that is not only compatible with, but essential to, public safety.
As a former assistant attorney general in Colorado, I am disappointed to say that we are not always living up to this standard of equal justice in our state. Due to a discrepancy that allows law enforcement and judicial officials to arbitrarily charge cases in municipal courts, instead of state court, many defendants are being pushed through secretive proceedings that provide no right to legal counsel and the threat of severe sentences far beyond what state law provides for.
Lawmakers are now debating House Bill 1147, a bill that would bring consistency, fairness, and transparency to a process that desperately needs it. My experience with Colorado law tells me this legislation will benefit both public safety and justice by ensuring that our law enforcement resources and taxpayer dollars are not wasted on unnecessary incarceration.
To understand the importance of HB 1147, one need only look at the results of the current system. In municipal court, defendants are not guaranteed a right to legal counsel. This means many people, and disproportionately those without adequate financial means, are forced to go through proceedings without a lawyer while facing jail. Against this backdrop, we have seen municipal court judges in some counties routinely impose long county jail sentences for low-level offenses related to poverty and homelessness — up to nearly a year in some cases. If similar charges were heard in a Colorado state court, the sentence would be capped at as low as 10 days, a reflection of the state’s recognition that lengthy jail sentences for crimes of poverty are not in the public interest.
Consider the case of David Schroeder reported in The Denver Post, a Grand Junction resident who was arrested in 2023 on petty theft charges for allegedly taking $10 of food and a dog harness. The officer who ticketed Schroeder chose to assign his case to municipal court, which meant he appeared before a city judge without a lawyer. After pleading guilty, the judge sentenced him to nine months in jail. If his case had been heard in state court instead, Schroeder would have been guaranteed access to legal representation and, if convicted, would have faced a maximum of 20 days in jail.
This practice by municipal courts has turned some local jails into de facto homeless shelters. Colorado residents are paying the price, as jail beds that should be reserved for people who present an actual danger to the public are instead being filled by unhoused individuals who tend to be high-needs, resulting in a higher cost for taxpayers.
The disparities seen in many municipal court systems are actively undermining public safety. Research overwhelmingly demonstrates that jail is the least effective and most expensive response to homelessness, as incarceration only makes it less likely that people will find stability after their release.
Upon being jailed, many unhoused people lose all of their property, as well as ties to employment and supportive services. Some face assault or abuse behind bars. Those struggling with substance use or mental illness are often left to deal with unsupervised withdrawal or a further decline in their mental health. In other cases, undocumented individuals are referred to ICE for deportation proceedings, all over a low-level offense that may stem from poverty. County taxpayers are footing the bill for all of this, and they are getting very little return on investment, as the threat of incarceration is a notoriously ineffective deterrent to future crime.
HB 1147 would address these gaps by bringing municipal courts in closer alignment with the basic legal standards of state courts. Under the bill, municipal sentences would be capped at the same levels outlined under state law. The legislation would also require municipal courts to guarantee jailed defendants access to indigent defense, a right that already exists in state court. Finally, HB 1147 would require that municipal courts grant public access to legal proceedings, addressing a disparity that has hamstrung efforts to bring transparency, accountability, and flexibility to municipal courts around Colorado.
It’s clear that the current practices of many municipal courts are out of step with our state’s legal standards and values. The difference between 10 days or nearly a year in jail should not boil down to a question over which corner someone was ticketed on, or which court a case is referred to. If municipalities want to continue directing their criminal justice resources toward punishing poverty, HB 1147 ensures that they are at least beholden to the same standards established under state law.
Jay Fisher is a criminal defense attorney in Denver, Colorado, and formerly worked as an appellate prosecutor and as an Assistant Attorney General for the Colorado Attorney General’s Office. He is a member of the Law Enforcement Action Partnership (LEAP), a nonprofit group of police, judges, and other law enforcement professionals who support policies that improve public safety and police-community relations.
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