Access to Justice

C.R.S. tit. 13, art. 5.7
in effect

C.R.S. § 13-5.7-101 Legislative declaration

13-5.7-101. Legislative declaration. (1) The general assembly finds and declares that: (a) Access to justice is a basic principle of the rule of law, and it ensures that all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination, or hold decision makers accountable. (b) Lack of access to justice is a problem that has serious social, legal, economic, and political consequences; (c) Since 2003, the Colorado access to justice commission has collaborated with organizations concerned about the gap in access to justice in Colorado to develop and support a range of tools, policies, and services to address this gap. The commission has served as a hub for the many stakeholders working on access to the civil legal process without statutory acknowledgment. (d) From 2003 to the present, the need for access to justice and the importance of improving access have grown, but the challenges of access to justice in Colorado and around the nation have become more acute; (e) A study by the Institute for the Advancement of the American Legal System at the university of Denver found that access to justice is a broad societal problem, with sixty-six percent of the American population experiencing at least one legal problem in the past four years and with less than half of those problems being completely resolved; (f) People with fewer economic resources are a vulnerable population due to lack of access to justice, and Black, Indigenous, and other people of color are particularly vulnerable as they encounter legal issues at a higher rate and of greater seriousness than other populations, according to the Institute for the Advancement of the American Legal System at the university of Denver. A 2022 study by the Legal Services Corporation found that low-income Americans do not receive any or enough legal help for ninety-two percent of their legal problems. (g) In response to these trends, in 2021, the commission undertook a systematic statewide study to better understand the challenges facing those trying to resolve civil legal problems. The commission conducted a total of forty-one different listen and learn sessions, meeting virtually with legal and community service providers in each of Colorado's twenty-two judicial districts. The study revealed that, due to the complexity of legal matters and the prohibitive cost of legal help, barriers to access impact Coloradans of all backgrounds and from all walks of life. (h) The COVID-19 pandemic required experimentation and innovation in Colorado's court system and elsewhere, uncovering ways that the legal system can work better for people and organizations with legal needs; and (i) There is an intersection of need and opportunity with respect to access to civil justice for all Coloradans, such that the commission's ongoing work merits statutory recognition, informing the governor and general assembly through regular, systematic input from the commission. (2) Therefore, the general assembly recognizes that access to civil courts is a pillar of democracy and enacts this article 5.7 to codify the Colorado access to justice commission and affirm its commitment to equitable access to the civil legal process.

C.R.S. § 13-5.7-102 Definitions

13-5.7-102. Definitions. As used in this article 5.7, unless the context otherwise requires: (1) "Commission" means the Colorado access to justice commission established pursuant to section 13-5.7-103. (2) "Fund" means the Colorado access to justice cash fund created in section 13-5.7-105.

C.R.S. § 13-5.7-103 Colorado access to justice commission - creation - membership - operation

13-5.7-103. Colorado access to justice commission - creation - membership - operation. (1) There is created the Colorado access to justice commission, which has the powers and duties specified in this article 5.7. (2) (a) The commission consists of: (I) At least seventeen but no more than twenty voting members, as follows: (A) At least eight but no more than ten members appointed by the Colorado bar association; (B) At least three but no more than four members appointed by the chief justice of the supreme court of Colorado; (C) One member appointed by the governor; (D) One member appointed by the president of the Colorado senate; (E) One member appointed by the speaker of the Colorado house of representatives; (F) One member appointed by Colorado Legal Services, a nonprofit agency, or its successor agency; (G) One member appointed by the Colorado Lawyer Trust Account Foundation, or its successor agency; and (H) One member appointed by the Legal Aid Foundation of Colorado, or its successor agency; and (II) At least four nonvoting, ex officio members, including: (A) The Colorado supreme court justice liaison; (B) The executive director of Colorado Legal Services, or its successor agency; (C) The executive director of the Legal Aid Foundation of Colorado, or its successor agency; and (D) A representative of the Colorado attorney general appointed by the chair of the commission. (b) Nothing in this subsection (2) prevents the chair of the commission from creating nonvoting emeritus positions for long-serving, retiring commissioners. (c) The appointing authorities shall name the initial members to the commission by September 1, 2023. Members of the commission serve three-year terms and may be reappointed by their appointing authority for an additional two terms. Members of the commission may be removed by their respective appointing authorities for cause. If a vacancy occurs on the commission, the appointing authority for the member whose position is vacated shall appoint a member to fill the vacant position. (d) The commission shall select a chair and vice-chair of the commission from its membership. (3) Members of the commission serve without compensation but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission. (4) The commission may establish bylaws as appropriate for its effective operation. (5) The chair of the commission shall establish a schedule for commission meetings. The commission shall meet at least once every three months. (6) Members of the commission, staff, and consultants are not liable for any act or omission in their official capacity performed in good faith in accordance with this article 5.7.

C.R.S. § 13-5.7-104 Duties of commission - mission - staffing - report

13-5.7-104. Duties of commission - mission - staffing - report. (1) The mission of the commission is to expand access, quality, and fairness in the justice system for all Coloradans. (2) The commission has the following powers and duties: (a) To identify, examine, and report on the impediments to accessing Colorado's civil justice system and how to mitigate or eliminate such impediments; (b) To examine specific problems in the civil justice system, qualitatively and quantitatively, and how to solve them, including consideration of the experiences of individuals and organizations who use the system; (c) To bring leaders from diverse sectors together to implement solutions to address statewide issues that impede access to justice, thereby supporting an ecosystem of access to justice work being done statewide; (d) To create practical solutions for those who lack the information, tools, and services necessary to resolve their civil legal problems fairly, quickly, and economically; (e) To act as a leader to inform, engage, and inspire lawyers, advocates, community members, and other stakeholders to improve access to justice; (f) To use its platform to elevate understanding of and commitment to access to justice in Colorado; (g) To advocate for needed changes to laws, practices, rules, and policies in Colorado; and (h) To form advisory committees as necessary to gain input and expertise for the commission in an effort to further the duties and responsibilities set forth in this subsection (2). (3) (a) Commission advisory committees focus on specific subject matters and may make recommendations to the full commission. The chair of the commission shall appoint members of the commission to serve on the advisory committees and shall appoint a commission member to serve as chair of each advisory committee formed pursuant to this subsection (3). (b) The chair of an advisory committee may select interested members of the community who are not members of the commission to serve on the advisory committee. Noncommission members of an advisory committee serve without compensation or reimbursement for expenses. (4) The commission may respond to inquiries from the general assembly, the governor, businesses, or individuals, as resources allow. (5) (a) The commission may hire staff to facilitate its work, including an executive director and other staff as necessary. (b) As funds allow, the commission may also contract with independent contractors to provide resources for data collection, research, analysis, publication of the commission's findings and reports, and other necessary services in furtherance of the commission's purpose. (6) (a) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall prepare and submit an annual report on its work, including findings and recommendations approved by at least two-thirds of the voting members of the commission, to the governor and the judiciary committees of the senate and the house of representatives, or their successor committees. The legislative committees of reference shall consider the commission's recommendations for legislation, and the governor shall consider the commission's recommendations for regulatory action. The commission shall present its report to the legislative committees of reference during the committees' hearings held pursuant to the "SMART Act", part 2 of article 7 of title 2. (b) With regard to any legislative recommendations contained in its report, the commission shall specify the laws that need to be created, amended, or repealed to ensure access to justice for all Coloradans.

C.R.S. § 13-5.7-105 Colorado access to justice cash fund - creation - funding sources - use of fund

13-5.7-105. Colorado access to justice cash fund - creation - funding sources - use of fund. (1) (a) There is created in the state treasury the Colorado access to justice cash fund. The fund consists of money appropriated or transferred by the general assembly to the fund and any gifts, grants, or donations from private or public sources made to the commission for the purpose of this article 5.7. (b) Money in the fund is continuously appropriated to the commission for the purposes of this article 5.7. The state treasurer shall credit to the fund all interest and income derived from the investment and deposit of money in the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year shall remain in the fund and must not be credited or transferred to the general fund or any other fund. (c) The commission may solicit, accept, and expend gifts, grants, or donations, including in-kind donations, from any source for the purposes of this article 5.7, and nothing in this title 13 prevents the commission from maintaining as a subsidiary or in other appropriate form an organization exempt from federal income tax under 26 U.S.C. sec. 501(c)(3). (2) The commission may use money in the fund for the implementation of this article 5.7 and in furtherance of the commission's mission, including: (a) To compensate the commission's staff and independent contractors; (b) To pay the costs of obtaining data and analyses from organizations and entities; and (c) To pay the commission members' necessary expenses in performance of their duties.

C.R.S. § 13-5.7-201 Definitions

13-5.7-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Authority" means the equal justice authority created in section 13-5.7-202. (2) "Board" means the equal justice authority board created in section 13-5.7-204. (3) "Equal justice fee" means the fee collected on civil actions as set forth in sections 13-4-112 (3)(a), 13-32-101 (9)(a), and 13-32-102 (7)(a) pursuant to this part 2. (4) "Qualified civil legal aid provider" means a 501 (c)(3) nonprofit organization other than the Colorado recipient of a federal legal services corporation field grant that provides legal representation and advice to people in Colorado who are at or below two hundred fifty percent of the federal poverty guideline to support their access to basic needs such as housing, employment, health services, education, and assistance with family matters and immigration status issues.

C.R.S. § 13-5.7-202 Creation and purpose

13-5.7-202. Creation and purpose. There is created as a special purpose authority, as defined in section 24-77-102, the equal justice authority, which is a body corporate and a political subdivision of the state, which shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state. The authority is responsible for distributing the equal justice fee pursuant to section 13-5.7-206 for the purpose of providing equal access to legal aid services and to increase efficiency of the court system for all court users.

C.R.S. § 13-5.7-203 General powers

13-5.7-203. General powers. (1) In addition to any other powers granted to the authority in this part 2, the authority has the following powers: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state; (b) To have perpetual existence and succession; (c) To adopt, have, and use a seal and to alter the same at its pleasure; (d) To sue and be sued; (e) To enter into any contract or agreement not inconsistent with this part 2 or the laws of the state; (f) To purchase, lease, lease with an option to purchase, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, encumber, and dispose of real property and personal property, whether tangible or intangible, and any interest, including easements and rights-of-way, without restriction or limitation; (g) To acquire office space, equipment, services, supplies, and insurance necessary to carry out the purposes of this part 2; (h) To deposit any money of the authority in any banking institution or in any depository authorized pursuant to section 24-75-603, and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the money of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board requires; (i) To contract for and to accept any gifts, grants, and loans of funds, property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 2, with the terms and conditions of such contracts or the acceptance of such items; (j) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 2, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 2; (k) To fix the time and place or places at which its regular and special meetings are to be held; (l) To elect one member as chairperson of the board and another member as vice-chairperson of the board and to elect one or more members as secretary and treasurer of the board and elect or appoint such other officers as the board may determine and provide for their duties and terms of office; (m) To appoint agents, employees, and professional and business advisers, including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as may from time to time be necessary in the authority's judgment to accomplish the purposes of this part 2, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services; (n) To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the authority pursuant to this part 2, including, but not limited to, contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority. (o) Other powers necessary to accomplish the authority's specific goals as required pursuant to this part 2.

C.R.S. § 13-5.7-204 Equal justice authority board - membership and meetings - rules

13-5.7-204. Equal justice authority board - membership and meetings - rules. (1) The authority is governed by the equal justice authority board, which is made up of seven members who are residents of this state and have a demonstrated commitment to providing civil legal aid through current or prior employment with a qualified civil legal aid provider, or through substantial volunteer service with a similar organization. (2) Members of the board must be appointed as follows: (a) One member appointed by the chief justice of the Colorado supreme court; (b) One member appointed by the attorney general; (c) One member appointed by the Colorado bar association; (d) One member appointed by the Colorado lawyer trust account foundation; and (e) Three members appointed by the Colorado access to justice commission, at least two of whom are employed by a qualified civil legal aid provider, and at least one of whom is employed by a qualified civil legal aid provider that employs ten or fewer full-time attorneys. (3) The appointing authorities shall make reasonable efforts to appoint board members that reflect the geographic and demographic diversity of the state, including members from both rural and urban parts of the state, and members of diverse political, racial, ability, cultural group, and socioeconomic status. (4) Members serve terms of three years; except that initial terms of the members appointed by the Colorado access to justice commission are two-year terms in order to stagger the terms so that no more than four members' terms expire in the same year. The appointing authorities shall designate the initial terms and fill any vacancies on the board. (5) Terms expire on December 31 of the final year of the term. (6) Members may be reappointed to serve two additional terms. (7) A member may be removed from the board by majority vote of the board for misfeasance, malfeasance, willful neglect of duty, or other cause after notice and a public hearing, unless notice and a public hearing are expressly waived in writing by the member being removed. (8) The board shall meet at least four times per year. (9) The board shall elect a chair and a vice-chair at its first meeting of each calendar year. (10) Members serve without compensation but must be reimbursed for actual and reasonable expenses incurred in the performance of their duties. (11) The board shall adopt its own rules of procedure and keep a record of all proceedings. (12) The board, by resolution, shall establish rules to ensure money received from a grant is used for purposes specified in section 13-5.7-206 and to establish a funding formula to use to determine the grant distribution amount for each qualified civil legal aid provider. (13) (a) The authority may cooperate and enter into contracts with the commission or another agency or entity, for administrative or operational assistance, including for staffing. (b) The authority shall pay the contracted entity in advance for all agreed upon costs incurred by the contracted entity in providing staffing for the authority to carry out its mission, including compensation for employees staffing the authority and any administration and indirect costs associated with staffing the authority. (14) If the contracted entity expects to incur actual costs as a result of staffing the authority that exceed the amount provided by the authority pursuant to section 13-5.7-206, the authority shall pay the contracted entity for all costs incurred by the contracted entity in providing staffing to the authority, including, but limited to, compensation for employees staffing the authority and administrative costs in an amount agreed upon by the authority and contracted entity. (15) The attorney general shall represent the authority in a cause of action.

C.R.S. § 13-5.7-205 Imposition and collection of the equal justice fee

13-5.7-205. Imposition and collection of the equal justice fee. (1) Beginning January 1, 2025, the authority shall impose, and the court shall collect on behalf of the authority, an equal justice fee in the amount specified in sections 13-4-112 (3), 13-32-101 (9), and 13-32-102 (7) on the court filings specified in sections 13-4-112 (1)(a) and (1)(b); 13-32-101 (1), except filings in small claims court; and 13-32-102 (1)(a), (1)(b), and (1)(f). For the purpose of minimizing compliance costs for court users and administrative costs for the authority, the court shall collect the equal justice fee on behalf of the authority in the same manner in which it collects court filing fees imposed by sections 13-4-112, 13-32-101, and 13-32-102; except that the court shall not transmit the collected equal justice fees to the state treasurer for deposit to any state fund but shall instead remit the fees collected to the authority in accordance with the process developed pursuant to subsection (2) of this section. (2) The authority shall maintain an account in a financial institution to which all money collected for the equal justice fee is deposited. The authority shall work with the judicial department to develop a process that ensures that each court is able to promptly and efficiently deposit all equal justice fees collected directly to the account or otherwise promptly and efficiently remit such fees to the authority. (3) Equal justice fees collected and remitted to the authority pursuant to this section are not state revenue.

C.R.S. § 13-5.7-206 Distribution of equal justice fees - purpose

13-5.7-206. Distribution of equal justice fees - purpose. (1) On July 1, 2025, and each July 1 thereafter, the authority shall annually distribute all money deposited into the authority's account as required by section 13-5.7-205 (2), less the authority's direct and indirect expenses in administering the requirements of this part 2 and any other related work completed to advance the mission of the authority. The authority shall distribute sixty-seven percent of the remaining revenue to the Colorado recipient of a federal legal services corporation field grant and thirty-three percent to qualified civil legal aid providers. (2) The board, by resolution, shall establish a funding formula to use to determine the distribution amount for each qualified civil legal aid provider. In developing the formula, the board shall consider the following factors: (a) The number of attorney hours spent serving people in Colorado in poverty in the previous year; (b) The number of full-time attorneys employed by the qualified civil legal aid provider; (c) The number of individuals living in poverty who receive legal representation or legal advice from the qualified civil legal aid provider; (d) Geographic reach of services; and (e) Ability and experience serving populations with barriers to legal assistance, including people with disabilities and people with limited English proficiency. (3) In establishing the funding formula pursuant to subsection (2) of this section, the board shall consider the vital importance of the work of qualified civil legal aid providers that employ ten or fewer full-time attorneys to low-income Colorado communities. (4) Money received from a grant must be used for the following purposes: (a) To provide access to legal representation to indigent persons by providing annual grants to the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers pursuant to this section; (b) To increase the efficiency of Colorado courts for all court users by reducing slowdowns caused by self-representation; and (c) To pay the direct and indirect costs of administering the requirements of this part 2, including payment for costs associated with staffing the authority and reimbursement of the actual and necessary expenses of board members as required by section 13-5.7-204.

C.R.S. § 13-5.7-207 Report

13-5.7-207. Report. (1) On or before January 1, 2026, and each January 1 thereafter, the authority shall prepare and submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, that details the use of the equal justice fees. At a minimum, the report must include: (a) How much money was collected in equal justice fees and deposited in the authority's account as required by section 13-5.7-205 (2) in the preceding year; (b) How much money the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers received from the collected equal justice fees in the preceding year; (c) The amount of money received from the collected equal justice fees that remained unused by the Colorado recipient of a federal legal services corporation field grant and the qualified civil legal aid providers at the conclusion of the preceding year; and (d) The types of legal services provided to individuals who received legal services from the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers that received money from the collected equal justice fees.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.docxFetched: 10/6/2026