Jury Selection Requirements

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.

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;

(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

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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

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.

(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

the support and maintenance of the departments of the state and state institutions.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Thursday May 28th 2026 at 12:00pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO