One after another, teens accused of low-level municipal code violations stepped to the podium to speak with the judge.
Everything about Thursday’s docket in a Denver courtroom seemed business as usual: The judge would ask and advise youth about the charges they faced, and an attorney would respond and help set dates for future hearings.
This may not seem like a revelation — an attorney representing an individual accused of a crime before a judge. But prior to Thursday, youth facing municipal court charges in Denver had no right to a lawyer. These children — some as young as 10 — were forced to figure out the complex criminal-legal system all on their own or, if they were lucky, with a parent’s help.
A new Denver law changed all that. The ordinance, passed by the City Council in December, now entitles any youth to an attorney in municipal court — whether they’re facing jail or simply a ticket. Experts say the hope is to chip away at the school-to-prison pipeline, helping kids navigate the system before it engulfs them in a cycle of repeated trouble.
“Due process under the Constitution isn’t just the right to a lawyer — it’s the right to dignity, as well, as a human being,” said Nicole Duncan, a senior public defender and youth attorney. “We have young people, whose brains are developing, dealing with very scary things and being told they have to figure this out on their own.”
There is no other program like this in Colorado — and perhaps even the country, program attorneys say.
Those involved say they feel a sense of excitement, that this could be a model for other municipal courts to copy.
“This is going to be an entire culture change within the court system,” Duncan said.
“No-brainer solution”
Denver City Councilwoman Serena Gonzales-Gutierrez knows firsthand how the criminal justice system affects children. She spent eight years as a social caseworker with Denver Human Services, working with youth who had picked up municipal charges.
Often, they didn’t have their parents with them when they met with the city attorney. The judge often thought Gonzales-Gutierrez was their parent, but she couldn’t represent them in court.
“There was no question about, ‘Did you actually do this? Are you actually guilty?’ ” she said. “It was a presumption of guilt.”
If the family couldn’t afford a private attorney, the child or teen was all on their own.
“It was wild to me,” Gonzales-Gutierrez said. “It took us so long to think of this no-brainer solution.”
Denver’s municipal public defenders reached out to the council member last year before she was even sworn in. Everyone — from city hall to municipal judges — agreed youth needed representation.
Municipal courts are the lowest-level courts in Colorado and handle city code violations, such as traffic offenses, petty theft, trespassing and possessing alcohol as a minor. District and county courts handle violations of state law, though since Denver is a combined city and county, municipal court is part of Denver County Court.
Teens often end up in municipal court for school-related offenses like fighting.
Most city-code violations don’t involve the possibility of jail time. But that doesn’t mean they shouldn’t be taken seriously, experts say.
“That’s where the school-to-prison pipeline starts,” Duncan said. “It’s a ticket, but any kind of allegation could lead to expulsion or suspension, and then you end up in that cycle.”
In Colorado in 2022, four out of five expulsions were for nonviolent behavior. Sixty-three percent were students of color and 20% were students with disabilities, per city data.
Data show youth cases in Denver municipal court spike when school is in session and decrease during the summer — statistics that run counter to the “summer of violence” trope in the media. Seventy of the 566 cases in Denver’s court last year were filed in September. The lowest number — 20 — came in July.
Research shows the impact of law enforcement contact with Black and Brown youth carries through to adulthood. Black youth who experience contact with police by eighth grade are 11 times more likely to be arrested when they are 20 years old than their white counterparts.
“The first contact with law enforcement at 13 years old is devastating,” said Colette Tvedt, Denver’s chief municipal public defender. “That could impact the rest of your life.”
“We need to try something new”
Public defenders say these statistics show how important it is for youth to be represented in all municipal cases.
When Duncan deals with young people in the court setting, she uses colored pencils and coloring sheets to show them their rights and explain due process.
The criminal justice system is complicated even for adults, she said. Now imagine an 11-year-old who’s accused of assault having to bring their own witnesses, cross-examine the city’s witnesses and make opening statements.
“It’s chaos and confusion,” she said. “Which adds to the trauma of being in court in the first place.”
The Denver program staffs four people, two of whom are attorneys who represent youth. The team has met with therapists and guardians ad litem, building a coalition as the docket gets underway. Late last year, the city anticipated the additional caseload would be about 50 cases per month.
On Thursday, Duncan and another public defender, Cayce Duncan, who’s unrelated, represented teens facing no-contact orders for assault and other minor infractions. Sometimes the child’s parents accompanied them.
No longer will they be forced to face these charges alone.
“We cannot continue using this model where the only way to get kids and families services is if they are being prosecuted or arrested,” Duncan said. “It is old, it is tired and it is inaccurate. We need to try something new.”
Get more Colorado news by signing up for our daily Your Morning Dozen email newsletter.
Originally Published: July 12, 2024 at 6:00 a.m.
