Some Colorado cities challenge bill reducing harsh penalties in municipal court

Colorado's municipal courts primarily prosecute minor offenses, and punishment for those crimes can vary from city to city. That could soon change. While many welcome the consistency, some cities say it would be a big mistake.

House Bill 1147, Fairness & Transparency in Municipal Court, aims to standardize sentencing and enhance due process in municipal courts across Colorado. In recent years, Aurora has gotten tougher on crime -- from shoplifting to car theft.

"We were the number one state for motor vehicle theft. That was the first, big issue that we tackled when we passed that first mandatory minimum for that," said Pete Schulte, Aurora City Attorney. "We're still lower on motor vehicle theft today than the rest of the state, and a lot of our council members believe it's because of our mandatory minimum penalties."

Some city leaders in Aurora fear crime would spike if HB1147 becomes law.

Aurora also has mandatory minimum three days in jail on the first offense for retail theft and 90 days in jail on second offense. By contrast, under state law, shoplifting under $300 carries a maximum of 10 days in jail.

 HB1147 would force Aurora and other cities to reduce its penalties to the state criminal code.

Schulte says the bill undercuts Aurora's ability to respond to its own challenges.

"The things that are happening in Aurora are probably a lot different than what's happening in Grand Junction, Steamboat, Vail, Rifle," Schulte said. "Some cities may not have the issues that Aurora has, which is why we like our home rule authority to be able to do these sort of things and take action on our own."

Supporters of the bill say consistent punishment would eliminate what they say are disparities in municipal court.
Terrance Carroll, former Speaker of the House and President of the Sam Cary Bar Association - Colorado's Black lawyers association - voiced strong support.

He emphasized the disproportionate burden current municipal court systems place on vulnerable populations.

"You normally get folks who are the poorest of the poor... who don't necessarily have the same resources to bond out or to make bail," said Carroll. The bill also has support from several organizations including the ACLU and Colorado Freedom Fund.

He says cities shouldn't be labs experimenting with criminal justice.

"It makes no sense that for a state offense, you won't do jail time. But for a low-level municipal offense, you could find yourself in jail for extended periods," said Carroll. "We strongly support it because we think there will be true due process and ensure that there's consistency and constitutional rights throughout the state."

He says solutions are bigger than punishment and justice needs compassion.

"Sometimes you have to look at the circumstances," he said, offering a hypothetical of a struggling mother who resorts to shoplifting. "It's still wrong to do a crime, but... Justice has to be compassionate. Sometimes justice has to be empathetic."

Schulte says Aurora's penalties show compassion to the victims.

"This is standing up for small businesses, standing up for our citizens," Schulte. "Our city is taking a stand on some of these offenses that we believe the state isn't taking seriously."

The bill has passed both chambers and now sits on Gov. Jared Polis's desk. But with mounting pressure from municipalities claiming the bill infringes on local authority, there's speculation that a veto could be on the table.

If it is signed into law, the city of Aurora says it will legal action.