Judicial Department Would See $45M Boost In Colorado Budget, But Doubts Emerge Over Public Guardianship

By Faith Miller, Colorado Newsline

March 31, 2022

Colorado’s Judicial Department — encompassing the state and county courts, probation services and state public defender’s office — would get a considerable boost under the 2022-2023 budget proposed by lawmakers on the Joint Budget Committee. But some legislators are questioning whether the state should double funding for the department’s troubled Office of Public Guardianship.

The budget bill being debated in the state House of Representatives this week includes $908 million for the Judicial Department, a 5.2% change from last year. Money from the state’s general fund that is dedicated for the department would increase by $46.2 million in the fiscal year beginning July 1. The general fund, comprising mostly revenue from income and sales taxes, is where lawmakers have the most control over state spending.

The JBC’s proposed budget — also known as the “long bill” — adds $10.6 million for department IT upgrades and staff to expand audio-visual technology, including for remote participation in court hearings. Most of the money would come from processing fees for electronic court records. The budget also funds 15 new full-time IT positions in the department.

Attorneys who perform contract work for the state’s trial courts, the Office of the Alternate Defense Counsel, the Office of the Child’s Representative and the Office of the Respondent Parents’ Counsel would receive a 6% pay increase in the Judicial Department budget. That would cost the state $6 million, mostly from the general fund.

During Democrats’ Tuesday caucus on the long bill, Rep. Meg Froelich of Englewood questioned the $1.72 million budget for the department’s Office of Public Guardianship, double its current funding. State lawmakers established the independent agency as a pilot program in 2017 to provide legal guardianship services for extremely low-income adults who are unable to care for themselves. Many of the wards entering public guardianship are experiencing homelessness and have significant behavioral health needs.

The 80 people for whom the office currently provides state-funded guardians represents the “maximum number of wards that the office could currently service given their staffing,” Rep. Julie McCluskie, Dillon Democrat and JBC chair, told Froelich. The office now serves only the Denver area, she added, “and we wanted to see that expanded.”

Recent reporting has highlighted the deaths of 14 people while under the guardianship of the office and concerns raised by Denver Health about the office’s effectiveness.

Rep. Adrienne Benavidez, an Adams County Democrat, expressed skepticism about the timeline for hiring new staff members that would be funded as part of the long bill. The JBC approved funding for a new deputy director and case management aide, as well as five new public guardians, two of whom would cover the 7th and 16th judicial districts surrounding Montrose and La Junta. That would double the office’s staff from seven to 14.

Under current law, the fledgling Office of Public Guardianship must report to the state Legislature by Jan. 1, 2023, Benavidez pointed out. “The budget takes effect on July 1, so in six months, we expect them to … ramp this program up into two additional judicial districts?” she said. “It just seems really unfeasible.”

“While the program has evolved over the past few years, what they are currently providing for those 80 individuals is a significant service that without (which) those individuals certainly would be at a significant disadvantage,” McCluskie replied. “I think your comments are fair.”

Benavidez, Froelich and Republican Rep. Stephanie Luck of Penrose introduced a budget amendment Wednesday to eliminate funding to expand the office. The amendment passed on a recorded vote in the House, but it must be approved by the members of the JBC after next week’s Senate debate in order to be included in the budget package legislators will send to Gov. Jared Polis.

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