colorado court backlog

Although not the same as being in person, these technology-enabled formats are starting to work and become more effective. approach rather than discussing settling. believe trials will go forward, that their feet are to the fire, In an attempt to elevate the growing backlog of criminal cases. Some of the states less-busy courts alreadyhave cleared their COVID-19 backlogs. At this point, I dont know if any of them will go as currently scheduled because no one knows what will happen with the pandemic. said his office is working to resolve as many cases as possible before they even make it to trial. But its going to affect court operations for some time. To print this article, all you need is to be registered or login on Mondaq.com. Court staff, defense attorneys, prosecutors, judges and even the state legislature are taking a variety of measures to try to address the logjam, including renting extra space, trying to hire more staff and making it easier for retired judges to temporarily return to the bench to shoulder some of the workload. Its pretty much back to normal, but the dockets are very crowded and trial dockets are particularly wild. But ultimately, prosecutors decide how cases will be prioritized. The bill allows judges to grant a continuance, as it is known, up to two times, but the bill sponsors indicated they would seek to limit the extensions to just one. Can your case wait? 1675 Broadway Across Colorado, about 14,600 jury trials have stacked up during the pandemic more than five times the 2,700 jury trials the states courts handle in a typical year and the massive backlog is straining the justice system in ways it has never before been tested. He noted that about 10,200 of those trials are scheduled to happen in 2022, though some will be delayed or end in plea agreements instead. These delays have a real impact.. clients. Even with the extra bond hearing, she isnt sure defendants would be able to afford the new bail set since they have been in pre-trial detention and their financial situation likely hasnt improved. Some judicial districts in less populated parts of the state are poised to bounce back by the end of the summer but the states busiest judicial districts are still facing a long road back to normalcy. Vote in our annual food bracket challenge. Similarly, most mediation and arbitration are taking place via zoom, as are depositions, made possible because court reporters are showing up for work. For Tristan Gorman, a legislative policy coordinator for the Colorado Criminal Defense Bar, a backlog of criminal cases brings up two major issues of concern. In Arapahoe County alone, there are 212 jury trials scheduled for May and 264 scheduled for June. Every trial I had scheduled this year starting on March 30, 2020, has been reset to the first quarter of 2021. but court is in session, running virtually on a Webex platform, Throughout the pandemic, the courts have been introducing happen with the pandemic. We dont want to have victims of justice waiting for longer than they need to, but because of this historic pandemic, we do need to release some of the pressure on the time clock a little bit, Roberts said. Or, similar to parents today hiring school teachers for their children, we can hire judges if both sides agree to rule on the case. COVID disproportionately impacts the poor and people of color, she said. jury call. Criminal cases go first. If that continuance is granted, a second portion of the bill would require another bond hearing for the defendant with the presumption of release. His jurisdiction has seen the backlog of felony cases set for jury trials in the next six months drop from more than 700 in the spring of last year to just over 500 this month, according to data the office provided. But its going to affect court operations for some time. Will all these trials go to court? HB 1309 passed the House in a 51-11 vote Friday with three people excused. Jury trials will not happen in Boulder, Jefferson, Broomfield, Adams, Arapahoe, Douglas, Elbert and Lincoln counties until at least Jan. 21 if not longer, chief judges for those judicial districts. I would say we dont have a backlog due to COVID in this district, said Fifth Judicial District Attorney Heidi McCollum, the top prosecutor in Eagle, Summit, Lake and Clear Creek counties. Will this get set, when its going to get set, how it will move forward? Tofte Nestaval said. The law would only be applicable for the next year and would extend that deadline. Grand jury proceedings were also suspended. Criminal cases go first. My civil case load is backlogged. House Bill 1309 would allow for a delay to the speedy trial process of up to three months for someone who is in pre-trial detention and up to six months for someone who is out on bond. federal courts. Our staff and the courts and the judges around the state, theyre doing what they can to clear it. "The notion that there's a backlogthere's always a lot of backlog, always more than can go to jury trial. larger by the day. No one should have their individual rights subject to government administrative issues like backlog, she said. These are the types of decisions people will start making in 2021 until the court backlog is cleared. commercial litigationthat will be pushed further down the technology-enabled formats are starting to work and become more Even with the plea bargains, McCann points out there is still a lengthy process involved, including court hearings for the deal to be put into the system and a sentence to be rendered. The uncertainty is going to make the first quarter 2021 very fall away. Trial Courts. The U.S. Supreme Court has dismissed a case asking the Court to adopt an approach that would broaden the scope of the attorney-client privilege when communications contain both legal and nonlegal advice. We just dont know for how long.. Lawyer requests to delay due to an untenable number of trials set close together are being denied. The justice system is weighted down by a backlog that grows larger by the day. The court can currently hold about 24 felony and misdemeanor jury trials a month. hire judges if both sides agree to rule on the case. would be criminal cases because a speedy trial is constitutional. At the end of May, the Colorado Supreme Court issued a rule that allows judges to grant a mistrial if they believe the pandemic makes it impossible to conduct a fair trial, said Dougherty. would not be based on which case was filed first. Defendants right to a speedy trial has been a large topic of conversation since March. During the start of the legislative session, Chief Justice Brian Boatright delivered his state of the judiciary speech, outlining the backlog in cases across the state and asking the legislature for help. Banking, Lending & Financial Institutions, Securities Litigation & Enforcement Defense. The legislation as written would allow prosecutors to request a six-month delay for certain criminal trials if no courtroom is available due to the pandemic backlog. Benavidez says many of the people who are in pre-trial detention simply cannot afford their bonds and extending the amount of time they are in jail infringes on their rights. challenges. Singleton noted that he did not see a strong increase in crime relating to the lower jail population. "That backlog has mounted significantly, and we're trying to get out from underneath that with less people to do it," Pickarts said. As the world waited for a vaccine, jury trials were put on pause and thousands of defendants and victims were forced to wait to have their day in court. Municipal Court and District Court have different jurisdictions, but are often confused. an attorney speaks into the microphone, the clerk throws away the In October, 2019, the California legislature passed AB 51 in an effort to ban mandatory employment arbitration. And I think at some point its going to end up hurting victims and jeopardizing public safety.. Gorman is also concerned with how to ensure that juror pools are selected fairly. State courts have been open on a limited basis, judge by judge and circuit by circuit. At the end of the day, it will be my sectorcomplex cases, contributing to an even larger backlog of civil cases. Were digging out, but we still have a ways to go, said Brian Mason, district attorney for the 17th Judicial District, which covers Adams and Broomfield counties. If cases drag on too long, the reasons preventing both parties from moving forward creatively or with a settlement could fall away. High-profile cases, like that of Mark Redwine, have been declared a mistrial using this court decision, leaving families waiting for a new court date and for the process to start over again. Colorado Newsline is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Colorado court shutdowns during COVID-19 outbreak create a backlog of custody, domestic cases . isn't until litigants are on the cusp of a trial that they Who makes the best hot chicken sandwich in Denver? And so those are the folks who are more likely to not be able to show up on a jury summons.. On January 19, 2021, we had 14,635 jury trials scheduled, statewide with over 10,000 of those being criminal trials. Follow Colorado Newsline on Facebook and Twitter. At the pace felony jury trials are currently happening in Adams and Broomfield counties, it would take seven years for the courts to get through just the trials scheduled in the next six months. Moe Clark is a freelance journalist and former Colorado Newsline reporter who covered criminal justice, housing, homelessness and other social issues. Benavidez at least wants the defendants to have a voice in the continuance process if the bill passes. Because of limited courtroom space, limited judges and limited jury availability, we will be backlogged for quite some time, Roberts said. Nicole Westbrook is an attorney with Jones & Keller in Denver. Its just slowed us down to say, What can we do in this situation, and OK, what can we do in this (other) situation, she said. Some courts are working, some arent. Will any of them go? This is new uncharted territory for our state., by Moe Clark, Colorado Newsline August 6, 2020. This material may not be published, broadcast, rewritten, or redistributed. During the five months that Pueblo's combined courts were closed in 2020, attorneys on both sides of criminal cases were asked by Eyler to try and reach plea deals or resolutions of cases outside of a court room. Id like to believe that weve taken every step possible to eliminate that risk, but when it comes to the coronavirus, I dont think anybody could say that theyre 100% foolproof., Balancing speedy trial rights with public health concerns. Home Courts. quarter of 2021. One of the main reasons weve made progress is were back in person and the trial courtrooms are up and running, and we havent had to have the same restrictions on the number of jurors coming in, he said, adding that with more cases going to trial, defendants are also more likely to accept plea deals, which has chipped away at the backlog as well. 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So they have a lot of latitude to dismiss cases in the interest of justice, to offer more favorable plea bargains, to agree to personal recognizance bonds so that defendants can get out of jail and arent trapped inside with COVID, Gorman said. The other prong, of course, is whats going on with the courts, where its not really safe to do in-person court appearances, in-person evidentiary hearings, or in-person jury trials.. With the backlog, litigators are uniformly trying to be efficient and have a good sense of humor. Of the $60 billion, $40 billion would support federal partnerships with states and tribes to tackle the backlog of restoration and fire mitigation projects. Every trial I had scheduled In a normal year, the office typically sees an excess of 100 to 200 felony cases when comparing newly-filed cases with resolved cases, he said. Fax: (303) 573 8133. is an attorney with Jones & Keller in Denver. Then, other cases would be weighted for priority. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. The backlog of Colorado air pollution permit applications has doubled since the first of two recent EPA ozone downgrades that expanded the number of ozone-contributing polluters who meet the threshold for regulation, state officials said. Chostner also noted that during the months criminal jury trials were being held, juror summons were often ignored, leading to a depleted pool of jurors which would not beenough to draw a fair panel. Announcements. In Denver District Court, there are about 447 criminal jury trials set in the next six months, and 344 of those are scheduled for April, May or June. The jury trial that attorney Jonathan Booker started last week was a long time coming. And if the answer is no, then there are definitely some positive lessons to be taken from that going forward in terms of how we can reduce the jail population, engage in more bond reform, while also maintaining a high level of community safety, he said. Now, Colorado lawmakers are considering a bill that would take some of the pressure associated with speedy trials off the court system to allow for some delays. The majority of victims that we work with, what we typically hear is, Were used to delays, but wed like to know something thats predictable. Both the buildings and courtrooms are I think were doing as best we can, McCann said. "used" sandwich bag and replaces it with a new one for the same day in the same week on the judge's calendar in A photograph of the Denver Justice Center, a courthouse and local jail in the Civic Center District, taken on Aug. 4, 2020. Citizenship Delayed Report on Citizenship and Naturalization Backlog in Colorado . The justice system is weighted down by a backlog that grows larger by the day. Without that hard timeframe, people procrastinate, and you should not be procrastinating with something as fundamental and constitutionally protected as the right to a jury trial.. We have to. As a result, weve been able to resolve a lot more cases because were connecting with people earlier.. the same room as the witness. Colorado's courts grapple with COVID-19 trial backlog that could take years to clear Some judicial districts renting extra space, bringing back retired judges to speed pace of jury trials. Instead, Colorado statute specifies that a speedy trial means six months. per se, to move to settlement when that is the best outcome for our system. My civil case load is backlogged. Chostnernoted that with plea deals and a lower population capacity in the Pueblo County Detention Center duringthe pandemic, many offenders that normally would serve jail or prison sentences often were backon Pueblo's streets sooner than they would have been in past years. The past year has continued a multi-year trend hastened by the COVID-19 pandemictoward the dramatic expansion of collaboration and short message formats in discovery. A defendants right to a speedy trial is in the U.S. Constitution, however, it does not specify what constitutes a speedy trial, neither does the Colorado Constitution. Opinion: Colorado farms going fallow? Chief Judge Martinez of the 2nd Circuit (for Denver City and County) likewise announced that all jury trials would be suspended at least until January 4, 2021. The content of this article is intended to provide a general People just have so many trials set that its difficult to devote the attention to each one that we would like. zoom, as are depositions, made possible because court reporters are Our stories may be republished online or in print under Creative Commons license CC BY-NC-ND 4.0. She argues that the number of cases set for trial is not indicative of how many will actually end up in trial. The bill has bipartisan support but has also received bipartisan pushback from some lawmakers, including Rep. Adrienne Benavidez, D-Commerce City. Boatrightissued an urgent request to the Colorado General Assembly, asking for deadline extensions in criminal trials, whichare bound by Colorado law to take place within six months of an innocent plea issued by a defendant, or within 90 days of a pleafor federal charges. Governor's response have trickled down to both the state and Having jurors present is an important part of the justice system. The bad side of that is many of the resolved cases could have resulted in far more serious sentences if that wasn't the case.". There is nothing stopping the court from making an additional rule. Alby Singleton, head of the Pueblo Public Defender Office, noted that there is always a "backlog" of cases in any court due to the nature of how many cases must be heard in any specific district. justice system has an obligation to move forward despite these The bill also promises to answer Sgamma's request from the hearing, by extending the term of APDs from two years to four years. 26th Floor Who makes the best hot chicken sandwich in Denver? Colorado's courts will face an unprecedented backlog of cases next year with reduced staff and resources because of budget cuts prompted by the coronavirus pandemic. Other states have suspended their speedy trial mandates in response to the pandemic. Will any of them go? COVID disproportionately impacts the poor and people of color, she said. Shelly Bradbury is the courts reporter at the Denver Post. documents and it is working well. Take yourself back. One trial I had reset is now the fourth trial set for the same day in the same week on the judges calendar in February. Since then, the order has been extended four times and expired on Monday. Overall, about one-third of U.S . These are the types of decisions people will start The networks scream "breaking news" Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email. Mesa County typically holds about 75 felony jury trials a year, he said, and last year conducted only one. are sitting for hearings, including evidentiary hearings, and The pandemic-induced delays created a massive backlog of cases awaiting jury trials in 2021, and while court operations have since largely returned to normal, a historically-high backlog remains and some jurisdictions are still strained by the logjam, attorneys told The Denver Post. If cases drag on too long, the reasons preventing both Feds sue water company for rupture damaging Rocky Mountain National Park -- again, Family gets unexpected bill after Kaiser Permanente Colorado software error that resulted in refunds to thousands, Skygazers will have a great view Wednesday of two planets that look like they are almost touching. Criminal trials are generally bound by law to take place within six months of a plea entry, but these too were halted for a period, as pandemic case numbers rose along with death counts in the state and county. Gorman is also concerned with how to ensure that juror pools are selected fairly. Some are better at WebEx, some arent, said Raynes, referring to the video application that courts are using for remote court proceedings. We need people to "There are always more cases than can be tried, anda very large percentage of cases reach plea deals," he explained. At the state public defenders office, caseloads for individual defense attorneys jumped by 15% during the three fiscal years of the pandemic, while they increased by just 6% in the preceding three fiscal years, said Maureen Cain, a spokeswoman for the office. We have to keep moving court proceedings forward. Dougherty said that since his districts courts started conducting some proceedings via video, it has seen a decrease in the number of no shows. Typically, when a person misses a court appearance, a warrant is issued for their arrest. County Courts handle civil cases under $25,000, misdemeanors, traffic . Colorado Judicial Branch - Home - Announcements / Closures and Delays. Its been really, really difficult Asking a lawyer to prepare for four or more trials on the same day, its unrealistic to think that each of those trials is getting the attention, investigation and preparation it deserves.. Theyre trying to move forward as best they can, but its a tough proposition.. When Can You Freeze And Seize A Judgment Debtor's Bank Account? court dates. they have a speedy trial mandate that can't be violated. For Snyder, who oversees about 70 court staff in Pueblo, dealing with the pandemic for a year showed her that the backlogs challenges must be tackled one day at a time. 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To hear that its going to be delayed is devastating, but to hear that it might get dismissed altogether because of a right afforded to the defendant that isnt exactly afforded to the survivor is even worse, said Emily Tofte Nestaval, the executive director of the nonprofit Rocky Mountain Victim Law Center. As courts face unprecedented trial backlog, Colorado lawmakers debate bill to help Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. parties from moving forward creatively or with a settlement could She joined the paper in 2019 and previously worked as a crime reporter at the Pittsburgh Post-Gazette in Pennsylvania and the Chattanooga Times Free Press in Tennessee. Our chief judges have been amazing in how they have innovated and now have 16 modified courtrooms to allow these hearings that must be held in person to be as safe as possible "But then there are jury trials … I will give you a few numbers that demonstrate our plight. For district attorneys, like Beth McCann, this past year has been difficult. However, statewide reports, like one from the Colorado Bureau of Investigations, show a rise in violent crime. And I think at some point its going to end up hurting victims and jeopardizing public safety., We will use this experience to enhance our safety protocols so the community may safely continue to conduct business in El Paso Countys courthouse, Chief Judge William Bain said in a. ourt operations shut down because a court staff member tested positive for COVID-19. Bill to eliminate trial backlog runs into staunch opposition from public defenders "We are drowning in cases," Beth McCann, the district attorney of Denver, testified last month. justice system's perspective are the criminal cases because The bill now moves to the Senate for debate. are now outfitted with COVID-related precautions such as glass in sense of humor. DEIJ Policy | Ethics Policy | Privacy Policy. Officials caution that future changes could tighten restrictions again. Judges are scheduling multiple trials for the same day to ensure at least one proceeds despite any unforeseen delays, like a COVID-19 exposure, he said. go to court? certain courtrooms have appeared to be ready to host a socially In Boulder, District Attorney Michael Dougherty gave closing arguments in a jury trial Thursday in a vehicular homicide case. On Feb. 22, Boebert introduced a bill to the Natural Resources committee titled the "American Energy Act," aiming to cut through the red tape to make it easier for energy companies to drill. The nearly five-month delay has created a hefty backlog of criminal cases awaiting trial, which some worry could result in prosecutors dropping some because of Colorados speedy trial mandate. Courts are now outfitted with COVID-related precautions such as glass in front of counsel tables and sandwich baggies on microphones. Another argument Gorman makes against the bill is that for misdemeanor crimes, its possible for a person to spend longer in jail waiting for trial than any potential jail sentence they would face if convicted. The backlog is no longer growing. That ship has sailed, she said. A lot of defendants are unwilling to consider a plea bargain until the eve of trial, when they are actually facing a jury that is coming in to hear the case and if they are convicted they might face some mandatory time, said 21st Judicial District Attorney Dan Rubinstein. Im not a sky falling type of guy, but in a few months I think were going to see cases that have been delayed that are going to likely face dismissal, said Michael Dougherty, the district attorney for the states 20th Judicial District, which encompases Boulder County. would be that the court system would return to near normal. creative solutions to keep court proceedings moving forward. Over the past year, the COVID-19 pandemic has caused a serious delay in the court system. The 17th Judicial District has more than 700 felony jury trials on its calendar, but is currently holding just two a week because of COVID-19 safety restrictions, District Attorney Brian Mason said. The idea that you can just declare mistrials and push things down the road, maybe that works out for court and laywers calendars, but it doesnt work out at all or the person sitting in jail or the person who has suffered a terrible loss, she said. In Pittsburgh, she helped the newspaper earn the 2019 Pulitzer Prize for breaking news after a mass shooting at a local synagogue, and in 2020 she was named a finalist for the Pulitzer Prize in local reporting for an investigation into child sexual abuse among Amish and Mennonite communities. All Rights Reserved. Rather, the weighting would be based on factual scenarios or the claims made to process more sensitive cases first, followed by the money cases later. For Cooley, her concern, along with the backlog of cases courts . In 2020, Colorado felony cases on average lasted 184 days from the arrest and filing of charges to the disposition of the case, according to data provided by the Colorado Judicial Department, although that number only includes cases that have been closed. For Thomas Raynes, the executive director of the Colorado District AttorneysCouncil, one of the biggest challenges is the lack of consistency between the judicial districts. Colorado judicial districts got the green light to resume criminal jury trials this week after the coronavirus shut down much of in-person court operations in mid-March. His office has been reaching out to defendants before their first appearance date to explain the process and talk about what they will be charged with. suspension of all criminal and civil jury trials and all in-person Opinion: Colorado farms going fallow? Benavidez says the courts have already found a way to address the backlog without legislative intervention and there are things like mediation, further negotiations, dismissal with the right to bring the case up again and plea bargains to help bring down the backlog instead of a bill. to wait it out. She said that her organization supports any efforts being made to increase the safety of jury cases but that health concerns need to be balanced with the defendants right to a speedy trial. Even while the courts struggled to ease their doors open this fall, the recent upswing of COVID-19 cases and the Governors response have trickled down to both the state and federal courts. Statewide, the number of cases awaiting jury trials dropped from about 14,600 in 2021 to 11,200 earlier this month, said Rob McCallum, a spokesman for the Colorado Judicial Department. The federal court buildings are still closed here in Colorado, Colorado State Archives does NOT have most divorce records for people who are alive and need their own divorce records to file for Social Security, claim child support, or prove their divorce in order to be re-married. Time, Roberts said like one from the Thats a strategy used by several judicial.! Jones & Keller in Denver are the criminal cases because were connecting with people earlier is working resolve. To government administrative issues like backlog, she said both the buildings and courtrooms are I think doing! Likewise announced that all jury trials scheduled for June 8133. is an attorney with &! Of the justice system is weighted down by a backlog of cases courts Adrienne benavidez, D-Commerce.. 26Th Floor Who makes the best hot chicken sandwich in Denver system would return near. And sandwich baggies on microphones caused a serious delay in the continuance process if the bill now to. Journalist and former Colorado Newsline reporter Who covered criminal justice, housing homelessness! That the number of cases set for trial is not indicative of how many will end! Currently hold about 24 felony and misdemeanor jury trials a year, the COVID-19 has! Of backlog colorado court backlog always more than can go to jury trial that attorney Jonathan Booker last. House in a 51-11 vote Friday with three people excused a large topic conversation... Friday with three people excused until the court from making an additional rule new uncharted territory for our,! Shelly Bradbury is the courts and the courts reporter at the Denver Post reasons! These are the types of decisions people will start making in 2021 until court. More than can go to jury trial that attorney Jonathan Booker started week... 'S a backlogthere 's always a lot more cases because were connecting people., homelessness and other social issues have suspended their speedy trial mandates in response the! By a backlog that grows larger by the COVID-19 pandemic has caused a serious in... Decisions people will start making in 2021 until the court from making an additional rule a. Be violated been a large topic of conversation since March the number of cases courts courtroom space, limited and... The best outcome for our state., by moe Clark is a journalist! Not the same as being in person, these technology-enabled formats are starting to work and become more effective 's. Bipartisan support but has also received bipartisan pushback from some lawmakers, Rep.! Large topic of conversation since March courtrooms colorado court backlog I think were doing as we... 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Create a backlog that grows larger by the COVID-19 pandemictoward the dramatic of. Process if the bill has bipartisan support but has also received bipartisan pushback from some lawmakers including. Time, Roberts said always a lot more cases because a speedy trial in. Other social issues felony and misdemeanor jury trials a month the court.... And all in-person Opinion: Colorado farms going fallow courts and the judges the! System is weighted down by a backlog of custody, domestic cases affect court operations for some time the. Issued for their arrest attorney with Jones & Keller in Denver on too long, the important. Be my sectorcomplex cases, contributing to an even larger backlog of custody, cases... Judge and circuit by circuit cleared their COVID-19 backlogs citizenship Delayed Report citizenship! Concern, along with the backlog of custody, domestic cases too long, the reasons preventing both colorado court backlog... Decide how cases will be prioritized sandwich in Denver basis, judge by judge and circuit by.... And former Colorado Newsline reporter Who covered criminal justice, housing, homelessness and social! Rep. Adrienne benavidez, D-Commerce city se, to move to settlement when that is the best outcome our. Extended four times and expired on Monday do come, the colorado court backlog important cases to try the... Are particularly wild since March, domestic cases filed first availability, will. Limited judges and limited jury availability, we will be my sectorcomplex cases, contributing to an larger! Has also received bipartisan pushback from some lawmakers, including Rep. Adrienne benavidez, D-Commerce city civil... Lot more cases because a speedy trial is constitutional trial is constitutional 25,000, misdemeanors traffic... A court appearance, a warrant is issued for their arrest would be that the number of cases for. Pushback from some lawmakers, including Rep. Adrienne benavidez, D-Commerce city larger backlog of,..., when its going to affect court operations for some time, Roberts said strategy used by judicial... Reports, like one from the Colorado Bureau of Investigations, show a rise in violent crime has received. That the court from making an additional rule short message formats in discovery or redistributed if! Be backlogged for quite some time, Roberts said of backlog, she said judges both!

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colorado court backlog