Between 46%-99% of Colorado Public Defenders are Overworked. Why is the State Waiting Two Years for Workload Standards w/James Hardy and Kayleigh TenBarge

Sep 10

Today, Hunter is by two Colorado State Public Defenders, James Hardy and Kayleigh TenBarge. When this episode was first recorded, James, Kayleigh, and Hunter were primarily focused on a piece of legislation that the Defenders Union of Colorado attempted and failed to get through the state house. That bill sought to get workload standards in place in Colorado by mid-2025. After recording that segment, an audit of the Colorado State Public Defender dropped, and revealed that at least 46% and maybe as many as 99% of Public Defenders in Colorado are exceeding workloads. Considering that, OSPD has stated they will get a workload standard by mid-2026. But why the wait? What will happen in the interim? What relief will come to an increasingly overloaded system?

Guests:

Kayleigh TenBarge, Public Defender, Colorado, Secretary, Defenders Union of Colorado

James Hardy, Appellate Public Defender, Colorado, Executive Board Co-Chair, Defenders Union of Colorado

Resources:

Audit of the Colorado Public Defender

https://leg.colorado.gov/sites/default/files/documents/audits/2354p_office_of_the_state_public_defender.pdf

Defenders Union of Colorado

https://www.defendersunionco.org/

Defenders Union of Colorado Back Bill

https://www.lawweekcolorado.com/article/defenders-union-of-colorado-backs-public-defender-workload-study-bill/

Ethics Opinion

https://www.cobar.org/Portals/COBAR/11.07.22/FINAL%20Opinion%20146%20-%20duty%20of%20workload%20opinion(7184264.1).pdf?ver=RVD5XQ5MbrWfJOOOtcABBw%3d%3d)