Opinion: Fairness in Colorado’s courts should not depend on your ZIP code

We are sponsoring House Bill 1147, also known as Municipal Court Fairness & Transparency, because we believe in a simple principle: No matter where you live in Colorado, you should expect equal justice under the law. Right now, in some municipal courts, that is not the case. 

Municipal courts — created by city governments operating outside the state’s judicial system, with limited transparency or oversight — are handing down sentences far exceeding what state law allows for minor offenses. In some cases, people serve 10, 20, even 30 times the jail sentence they would face in state court for identical offenses.  These arbitrary punishments are irrational and unjust, and House Bill 1147 fixes that. 

Colorado has more than 200 municipal courts, which primarily prosecute minor offenses directly tied to poverty, mental health issues and substance use disorder. While many operate fairly, some do not. House Bill 1147 requires all municipal courts that jail people to meet basic legal standards of state court in sentencing, access to counsel and transparency. 

As reported, Colorado’s municipal courts have become the state’s most punitive forum for minor crimes. Courts in Pueblo, Grand Junction, Aurora and elsewhere are handing down lengthy jail sentences for poverty crimes, far exceeding penalties allowed under Colorado’s bipartisan misdemeanor sentencing law, Senate Bill 271, which was signed in 2021.

That law was passed at the urging of Gov. Jared Polis and the Colorado Commission on Criminal and Juvenile Justice with the goal of making criminal sentences “rational, just, and consistent so that the punishment fits the conduct.” Unfortunately, that bill was silent on municipal courts, which maintain the power to jail Coloradans for up to 364 days for offenses as minor as a noise violation. As a result, despite Senate Bill 271, Colorado’s criminal sentencing scheme remains a patchwork of unpredictability and injustice for minor offenses.

For example, Pueblo Municipal Court sentenced unhoused resident Michael Tafoya to 315 days in jail for missing court dates related to minor, nonjailable poverty-related offenses. Meanwhile, the Grand Junction Municipal Court sentenced David Schroeder, an unhoused resident, to nine months in jail for allegedly stealing $10 worth of food and a dog harness — charges carrying a maximum state jail sentence of 20 days. These extreme and disparate sentences functionally criminalize homelessness while undermining the integrity of Colorado’s courts.

Contrary to claims by some mayors and cities, this bill does not violate local control or threaten public safety. Jailing unhoused people for months robs counties of control over their budget and is counter to public safety. That’s why Colorado counties support House Bill 1147. 

As La Plata County Commissioner Matt Salka recently wrote to House lawmakers on behalf of Colorado Counties, Inc.: “[T]his bill protects county resources. Overcrowding county jails with low-level municipal offenders — who are often homeless, high-needs, and extremely expensive to care for —stretches our resources thin. HB25-1147 ensures that our jail space is reserved for those who pose an actual risk to public safety.” 

While each of us supports local control and flexibility for cities, we agree with Commissioner Salka that “home rule cannot and does not mean cities can adopt any criminal enforcement policy they wish, regardless of jail impact, and expect county taxpayers to blindly foot the bill.”

House Bill 1147 does not prevent cities from addressing crime, eliminate municipal courts or stop cities from enforcing laws and jailing people for minor offenses. It does bring statewide consistency and fairness to our justice system — something every Coloradan deserves.

Cities should not be permitted to run a separate, harsher system of justice that disproportionately punishes the poor. And Coloradans shouldn’t face a 30x longer jail sentence for minor offenses depending solely on what side of Sheridan Boulevard they happen to be on. No matter where you live in Colorado, courts that take away people’s liberty should be held to basic legal standards. 

We urge our colleagues in the Colorado Assembly and the people of Colorado to stand with us in supporting House Bill 1147.

Sen. Judy Amabile, of Boulder, represents District 18, which covers Boulder County, in the Colorado Senate.

Sen. Mike Weissman, of Aurora, represents District 28, which covers Adams and Arapahoe counties, in the Colorado Senate.

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