The Colorado Court of Appeals has ruled the Office of the State Public Defender is not a “criminal justice agency” under the Colorado Criminal Justice Records Act, reversing a district court decision that had imposed statutory penalties against the office.
In St. George v. Office of the State Public Defender, the court reviewed a dispute over a request by Eric St. George for the public defender’s internal policy regarding how it handles discovery materials for incarcerated clients. A district court had ordered production of the policy and imposed daily penalties after concluding the office improperly denied access under the CCJRA.
The appellate court reversed, holding the statutory definition of “criminal justice agency” does not include the Office of the State Public Defender. The court reasoned that the CCJRA’s text, read in context with related statutory provisions and its legislative history, reflects that the legislature removed “defense” from the definition of covered activities and did not otherwise include public defenders within the statute’s scope.
Because the office is not a “criminal justice agency” under the statute, the court concluded the CCJRA’s enforcement provisions and penalties do not apply. The ruling reverses the penalties order against the agency.