November 1st 2024.
A judge in Pueblo, Michelle Chostner, made a decision on Friday to clear the convictions and sentences of three individuals who had been found guilty of contempt of court by city judges. Judge Chostner stated that the use of contempt in these cases violated the defendants' rights to due process, as they were never given proper charging documents outlining the allegations against them.
The ruling comes after a Denver Post investigation uncovered the routine use of contempt of court charges by Pueblo municipal judges to inflate jail sentences for defendants facing minor charges. In many cases, these charges carried little to no jail time in other Colorado courts, but in Pueblo they were used to jail people for months.
This decision opens the door for other individuals who are still jailed on municipal contempt charges to challenge their convictions and sentences. Ann Roan, an attorney not involved in the cases, believes that the city attorney should proactively void these convictions and release those who are still incarcerated.
The American Civil Liberties Union (ACLU) of Colorado took legal action in October to secure the immediate release of the three defendants, and this week a fourth defendant, on the grounds that their contempt of court convictions were invalid due to a lack of charging documents. According to the Constitution, defendants are entitled to these documents in order to mount a proper defense. However, The Post's investigation found that there were no contempt citations or charging documents present in the court filings for 229 contempt charges against 37 different defendants.
During the court proceedings, Eric Ziporin, an attorney for Pueblo, argued that charging documents were not necessary as contempt of court is not considered a criminal charge. However, Judge Chostner rejected this argument, stating that in Pueblo, contempt of court is codified as its own crime and therefore defendants should have been provided with charging documents.
Chostner also raised concerns about the separation of powers within the city's court system, as the same judge who initiated the prosecution also oversaw the proceedings and could potentially be a witness if a defendant chose to plead not guilty and request a trial.
Pueblo Mayor Heather Graham expressed disappointment with the ruling, stating that it frees criminals on a technicality. However, attorney Emma Mclean-Riggs, representing the ACLU, believes that justice was served for her clients who had their freedom taken away for months.
Moving forward, it is unclear what the city's next steps will be. Roan suggests that City Attorney Carla Sikes, who was previously the presiding municipal court judge and imposed many of the contempt of court sentences, should now proactively vacate those convictions. Judge Chostner plans to issue a written ruling in the coming weeks and has already ordered the immediate release of the three defendants while the overarching challenge is pending.
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