Denver, the only county in Colorado where public defenders can represent kids aged 10 to 18 who are facing charges in court. Before this law was passed, families had two options: hire a private lawyer or let the child represent themselves. The Denver City Council solidly approved the bill in December 2023, and it took effect early this summer.
Just, over a month after the law started, families in Denver are already seeing the benefits. Other counties and cities in the state are hoping for similar changes. Kids in Denver who are charged with minor offenses like encroaching, obstruction, possession of alcohol, or fighting at school now have the right to hire a public defender in municipal court.
A senior public defender, Nicole Duncan and youth attorney leading this effort, said, “When I think about myself as a kid, especially as a Black girl, I wish I had someone like me to support.” The objective is to help kids and teens navigate to the court system. Duncan explained that in the past, kids who came to court were often not offered diversion programs and ended up having to represent themselves because their parents couldn’t afford a private lawyer.
Duncan believes this change was crucial because it’s often a child’s first experience with the legal system. She said, “A young person is shaping their identity at this time, and the way people treat them influences others as well. Unfortunately, many kids start to believe they are bad.”
Dana Flores from Youth Justice shared a statement from an attorney observing the municipal court in Arvada, describing how kids are required to undergo a probation screen before the DA can make an offer, leading many to plead guilty and receive probation. This process happens without legal advice and often results in kids sharing convicting information, which can harm their future.
The attorney also noted that kids in municipal courts across the state are often too scared or confused to take their cases to trial and end up pleading guilty without proper support. Duncan hopes Denver’s new law will inspire other areas to follow the same, helping to prevent kids from entering the school-to-prison pipeline.
As part of the process, Denver’s public defender office also has a youth peer support specialist to help guide young people through the court process.
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