Governor Signs Direct File Bill
The Denver Post
Gov. John Hickenlooper on Friday signed a
bill into law to dramatically curb prosecutors' ability to charge
juveniles as adults through the state's longstanding "direct file"
system.
House Bill 1271 passed the legislature by wide margins and
with bipartisan support but was still bitterly opposed by prosecutors
and other law enforcement officials. Lawmakers from both parties split
on the issue.
Hickenlooper, a Democrat, said he struggled with
whether to sign the bill but decided the wave of bipartisan support
among lawmakers was hard to ignore.
"This is about as close as
I've come to a veto without vetoing," he said. "At the end, I feel very
comfortable with the decision."
He added, "I think especially in a
split legislature that if a bill works its way through both sides,
that's a powerful statement."
Kim Dvorchak, executive director of
the Colorado Juvenile Defender Coalition, said the law had "restored
due process for youth to have judicial review before being tried as an
adult."
But opponents of the bill, such as Attorney General John
Suthers, a Republican, said Hickenlooper's signature was the wrong
decision.
"Gov. Roy Romer and state lawmakers established
Colorado's direct-file system in the early 1990s in response to an
alarming and continuous increase in violent crime committed by
juveniles," Suthers said in a statement. "Since then, prosecutors across
the state have judiciously used the system to address the most serious,
violent juvenile offenders who posed serious risks to the public
safety. This new law not only ignores the lessons of history, but also
the benefits of the direct-file system, including Colorado's Youthful
Offender System, which has rehabilitated numerous juvenile offenders."
Denver District Attorney Mitch Morrissey said he was disappointed.
"It
(the law) is a misguided attempt at reform that is actually a big step
backwards, and I believe it will result in more juvenile direct-file
cases," Morrissey said. "What is unfortunate is the impact, which is
that it will hurt kids, waste money and risk public safety."
The
bill bars district attorneys from charging juveniles as adults for many
low and mid-level felonies, while raising the age at which young
offenders may be charged as adults for more serious crimes from 14 to
16.
While the bill would allow prosecutors to charge young
offenders as adults in cases of murder, violent sex offenses, kidnapping
and violent assaults, it also would allow defendants to appeal to a
district judge, who would have the final say on whether they are tried
as adults.
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