Colorado

The state of Colorado funds and administers indigent defense service for adult criminal trials in some court levels. Local governments are responsible for other court levels. Two state commissions provide oversight of state-administered services only.

The state of Colorado funds and administers all indigent defense services for adult criminal cases in its appellate courts. Two state agencies administer services, and two state commissions oversee services.

  • 64 Counties Primarily State Funded

  • 64 Counties Shared State and Locally Administered

  • 64 Counties with a Commission With Limited Authority

  • 64 Counties State Funded

  • 64 Counties State Administered

  • 64 Counties with a Commission With Statewide Authority

The state of Colorado funds and administers indigent defense services in every court of the state, except for municipal courts where the state requires municipalities to fund and administer all services. The state administers services through two agencies. The Office of the Colorado State Public Defender provides primary services in adult and juvenile trials through regional defender offices as well as statewide appellate representation. The Office of the Alternate Defense Counsel (OADC) provides services in adult and juvenile conflict cases through contracts with private attorneys paid hourly. Municipalities administer indigent defense services in municipal courts and can contract with OADC to provide these services. 

The state has two separate commissions providing oversight of the state agencies. The Public Defender Commission is a five-member commission, which oversees the Office of the Colorado State Public Defender. The chief justice appoints members, who in turn appoint the state public defender. The Alternate Defense Commission is a nine-member commission, which oversees OADC. The chief justice appoints the nine members, who in turn appoint the OADC director. Neither commission has oversight of indigent defense in municipal court unless a municipality has contracted with OADC to provide services.

The state-funded Office of the Colorado State Public Defender (OSPD), through its statewide appellate division, provides primary services for adult criminal appeals. The OSPD also provides trial adult and juvenile representation. The state-funded Office of the Alternate Defense Counsel (OADC) provides conflict services for adult appeals through contracts with private attorneys paid hourly. The OADC also provides conflict services in adult trial and juvenile cases.

The state of Colorado has two separate commissions providing oversight of the state agencies. The Public Defender Commission is a five-member commission, which oversees the Office of the Colorado State Public Defender. The chief justice appoints the five members, who in turn appoint the state public defender. The Alternate Defense Commission is a nine-member commission, which oversees OADC. The chief justice appoints the nine members, who in turn appoint the OADC director.

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Questions Open/Close

Are the primary system and the conflict system accountable to the same standards?

What are the required qualifications of each agency’s leader?

Who has oversight over contract attorneys providing indigent defense services in municipal courts?

Is an indigent defendant required to pay a fee for their appointed counsel?

In which branch of state government does the indigent defense system reside?