Previously stored by case number in manila folders, criminal records at the Montezuma County courthouse are now preserved electronically.
Starting on May 4, all new criminal cases filed in the 22nd Judicial District were required to be stored digitally per a state directive. By Tuesday, the policy had impeded a couple of routine criminal proceedings.
For example, a defendant on Tuesday indicated in open court that he wanted to plead guilty to amended charges, but the judge cautioned the suspect couldn’t be properly advised of his rights until prosecutors electronically filed the revised charges with the court. The proceedings continued only after paper copies of the modified charges were made available.
In a stabbing case on Tuesday, a public defender also learned that a motion to modify bond was rejected as a direct result of the new e-filing process. A court clerk said the bond request was dismissed because a required document wasn’t electronically attached with the motion.
District Attorney Will Furse said neither instance from Tuesday’s courtroom proceedings resulted in unnecessary or prolonged incarceration. He said the lone issue was the lack of reliable Internet access in the courtroom. The District Attorney’s Office has previously transitioned to a paperless agency, and adhering to the court’s new policy has been less troublesome, Furse said.
“From my perspective, e-filing is what our office has been expecting and preparing for,” said Furse. “The benefits are numerous, including cost effectiveness, speed and ease of delivery, and remote access to all case files. The drawbacks, in my opinion, are few and far between.”
The new policy system makes it more difficult to access public documents. Previously, a citizen was allowed to review, inspect and analyze any criminal case file in its entirety free of charge. Now, a register of action, or table of contents, to a case file is all that’s made available.
The register of action includes criminal charges filed, date of court appearances and bond amounts, for example, but agency arrest reports and description of offenses are no longer obtainable a court-mandated 75-cent per page copying fee.
Eric Hogue, court administrator for the 22nd Judicial District, said the judicial branch doesn’t fall under the Colorado Open Records Act, which limits copying fees to a nominal 25 cents per page. He added that a public computer terminal could be installed in the courthouse to lower the price, but no timeline was given.
Furse said all employees underwent training, and a state-provided liaison was available to answer questions.
Public defender Justin Bogan didn’t respond to the Journal’s requests for comment.
Continuing efforts
The Cortez Journal has reached out to the Montezuma County Sheriff’s Office and the Cortez Police Department to access public arrest reports, which are protected under Colorado open records laws.
Sheriff Steve Nowlin and Chief Roy Lane have both agreed to assist.
