HB 1288

HOUSE BILL 26-1288
BY REPRESENTATIVE(S) Joseph and Carter, Bacon, Clifford;
also SENATOR(S) Roberts and Wallace, Cutter, Gonzales J., Jodeh,
Rodriguez, Weissman, Coleman.
CONCERNING MEASURES RELATED TO JURY SELECTION.
Be it enacted by the General Assembly ofthe State of Colorado:
       SECTION 1. In Colorado Revised Statutes, add 13-3-121 as
follows:
       13-3-121. Jury selection working group - creation - members -
duties - report - definition - repeal.
        (1)   AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "WORKING GROUP" MEANS THE JURY SELECTION WORKING GROUP
CREATED IN SUBSECTION (2) OF THIS SECTION.
        (2)   THERE IS CREATED IN THE JUDICIAL DEPARTMENT THE JURY
SELECTION WORKING GROUP TO MAKE FINDINGS AND RECOMMENDATIONS
CONCERNING JURY SELECTION.
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
      (3) (a) THE WORKING GROUP CONSISTS OF:
      (I) THE STATE PUBLIC DEFENDER, OR THEIR DESIGNEE;
      (II) THE ATTORNEY GENERAL, OR THEIR DESIGNEE;
      (Ill)   THE FOLLOWING MEMBERS, WHO ARE APPOINTED BY THE
ASSOCIATION THAT THEY REPRESENT, WHICH ASSOCIATION IS CHOSEN BY
THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT:
      (A) ONE MEMBER WHO REPRESENTS A STATEWIDE ASSOCIATION OF
DISTRICT ATTORNEYS;
      (B) ONE MEMBER WHO REPRESENTS A STATEWIDE ASSOCIATION OF
MUNICIPAL JUDGES;
       (C) ONE MEMBER WHO REPRESENTS A STATEWIDE ASSOCIATION OF
CIVIL TRIAL LA WYERS;
      (D) ONE MEMBER WHO REPRESENTS A STATEWIDE ASSOCIATION OF
CIVIL DEFENSE LA WYERS;
      (E) ONE MEMBER WHO REPRESENTS A STATEWIDE ASSOCIATION OF
CRIMINAL DEFENSE LA WYERS;
      (F) ONE MEMBER WHO IS A MEMBER OF A STATEWIDE ASSOCIATION
OF LA WYERS AND WHO HAS EXPERIENCE WITH REPRESENTING CLIENTS IN
COMPLEX COMMERCIAL LITIGATION INVOLVING PRIVATE PARTIES; AND
      (G) ONE MEMBER WHO IS AN INSTRUCTOR AT AN INSTITUTION OF
HIGHER EDUCATION AND HAS EXPERT KNOWLEDGE OF, AND RESEARCH
EXPERIENCE WITH, JURY SELECTION; AND
      (IV) THE FOLLOWING MEMBERS, APPOINTED BY THE CHIEF JUSTICE
OF THE COLORADO SUPREME COURT:
      (A) A JUSTICE OR JUDGE;
      (B) THE CHAIR OF THE RULES OF CRIMINAL PROCEDURE COMMITTEE;
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       (C) THE CHAIR OF THE CIVIL RULES COMMITTEE;
       (D)   FOUR JUDGES, WHO IN FULL REPRESENT DISTRICT COURT,
COUNTY COURT, RURAL JURISDICTION, AND URBAN JURISDICTION;
       (E) ONE JURY COMMISSIONER WHO REPRESENTS AN URBAN JUDICIAL
DISTRICT; AND
       (F) ONE JURY COMMISSIONER WHO REPRESENTS A RURAL JUDICIAL
DISTRICT.
       (b) TO THE EXTENT PRACTICABLE, THE APPOINTING AUTHORITIES
SHALL ATTEMPT TO APPOINT WORKING GROUP MEMBERS WHO REFLECT THE
DIVERSITY OF THE STATE WITH REGARD TO GEOGRAPHY, RACE, ETHNICITY,
GENDER, AND AREAS OF PRACTICE.
       ( c) THE APPOINTING AUTHORITIES SHALL MAKE APPOINTMENTS TO
THE WORKING GROUP NO LATER THAN JUNE 15, 2026.
       (d) (I) THE JUSTICE OR JUDGE APPOINTED PURSUANT TO SUBSECTION
(3)(a)(IV)(A) OF THIS SECTION SERVES AS A CO-CHAIR OF THE WORKING
GROUP.
       (II) THE WORKING GROUP SHALL SELECT A MEMBER DESCRIBED IN
SUBSECTION (3)(a)(I), (3)(a)(II), OR (3)(a)(III) OF THIS SECTION TO SERVE AS
A CO-CHAIR OF THE WORKING GROUP.
       (e)   MEMBERS SERVE WITHOUT COMPENSATION BUT MAY BE
REIMBURSED FOR EXPENSES DIRECTLY RELATING TO THEIR SERVICE TO THE
WORKING GROUP.
       (4) THE WORKING GROUP SHALL:
       (a)      SOLICIT   INPUT   FROM   RELEVANT     COMMUNITIES      AND
STAKEHOLDERS TO ASSIST THE WORKING GROUP WITH THE PERFORMANCE OF
ITS DUTIES PURSUANT TO SUBSECTION (4)(b) OF THIS SECTION;
       (b) IDENTIFY BEST PRACTICES CONCERNING:
       (I) THE AMOUNT OF TIME PROVIDED TO ATTORNEYS TO PERFORM
PAGE 3-HOUSE BILL 26-1288
VOIRDIRE;
       (II)THE USE OF CASE-SPECIFIC OR MODEL QUESTIONNAIRES FOR
POTENTIAL JURORS;
       (Ill) THE USE OF RULES FOR THE PROCESS AND EFFECTIVENESS OF
REHABILITATING JURORS;
       (IV) THE USE OF MODEL BENCH BOOK SCRIPTS FOR JURY SELECTION;
       (V)      TRAINING FOR JUDGES AND LA WYERS REGARDING JURY
SELECTION; AND
      (VI) ANY OTHER MATfER RELATED TO JURY SELECTION DEEMED
APPROPRIATE BY THE WORKING GROUP; AND
      (c) CONSIDERMAKINGRECOMMENDATIONSFORSTATUTORYORRULE
CHANGES TO IMPROVE JURY SELECTION.
      (5) (a)    ON OR BEFORE DECEMBER 1, 2026, THE WORKING GROUP
SHALL SUBMIT A PROGRESS REPORT OF ITS IDENTIFIED BEST PRACTICES
PURSUANTTO SUBSECTION ( 4 )(b) OF THIS SECTION, AND RECOMMENDATIONS
FORSTATUTORYORRULECHANGES PURSUANTTOSUBSECTION ( 4)(c) OF THIS
SECTION, IF ANY, TO THE JUDICIARY COMMITTEES OF THE HOUSE OF
REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR COMMITTEES, AND
EACH COLORADO SUPREME COURT JUSTICE.
      (b) ON OR BEFORE DECEMBER 1, 2026, THE JUDICIAL DEPARTMENT
SHALL POST THE REPORT DESCRIBED IN SUBSECTION (5)(a) OF THIS SECTION
ON ITS WEBSITE FOR PUBLIC ACCESS.
      (6) (a) ON OR BEFORE A DATE DETERMINED BY THE WORKING
GROUP'S CO-CHAIRS THAT IS SUFFICIENT TO ALLOW THE COLORADO SUPREME
COURT TO RESPOND PURSUANT TO SUBSECTION (7) OF THIS SECTION, THE
WORKING GROUP SHALL SUBMIT A FINAL REPORT OF ITS IDENTIFIED BEST
PRACTICES PURSUANT TO SUBSECTION ( 4 )(b) OF THIS SECTION, AND
RECOMMENDATIONS FOR STATUTORY OR RULE CHANGES PURSUANT TO
SUBSECTION ( 4)( c) OF THIS SECTION, IF ANY, TO THE JUDICIARY COMMITTEES
OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, OR ANY SUCCESSOR
COMMITTEES, AND EACH COLORADO SUPREME COURT JUSTICE.
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      (b) WITHIN ONE WEEK OF RECEIVING THE FINAL REPORT DESCRIBED
IN SUBSECTION (6)(a) OF THIS SECTION, THE JUDICIAL DEPARTMENT SHALL
POST THE REPORT DESCRIBED IN SUBSECTION (6)(a) OF THIS SECTION ON ITS
WEBSITE FOR PUBLIC ACCESS.
     (7) (a) IF ANY RECOMMENDATIONS FOR RULE CHANGES ARE MADE,
THENONORBEFOREJUNE 15,2027, THECOLORADOSUPREMECOURTSHALL
RESPOND TO THE WORKING GROUP'S RECOMMENDATIONS FOR RULE CHANGES
TO IMPROVE JURY SELECTION.
      (b) ONORBEFOREJUNE 15,2027, THEJUDICIALDEPARTMENTSHALL
POST THE RESPONSE DESCRIBED IN SUBSECTION (7)(a) OF THIS SECTION ON
ITS WEBSITE FOR PUBLIC ACCESS.
       (8) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2027.
       SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 5-HOUSE BILL 26-1288
the support and maintenance of the departments of the state and state
institutions.
Ju~
                                        ::1--e~
                                          James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
v~~
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
      APPROVED OV\     ""d~ rn~'-1 2e<\\,.. i.ov.a ~~ 12 ~ oorrY'\
                                (b ate an~ Time)
                                         ATE OF cbLORADO
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