OLS reports three active matters, $24,925 in year-to-date litigation costs; committee to repost outside-counsel solicitation

Deputy Director Michael Dorr told the Committee on Legal Services that the office continues to have counsel in three matters and is awaiting court action in each. He identified the matters as Gays Against Groomers v. Garcia (briefed in the Tenth Circuit and awaiting decision), a federal case by the U.S. against Colorado related to immigration laws now before Judge Gallagher (motions to dismiss filed; discovery stayed Jan. 7), and an ethics complaint tied to attendance at a conference in Vail that the Independent Ethics Commission (IEC) found was not frivolous and which may proceed to investigation. Dorr reported litigation payments this year totaling $24,925, itemized by matter.

Director DeCicco said the office will repost a request for letters of interest on the OLS website and through the Colorado Bar Association to expand the roster of attorneys available to represent legislative parties. He said the current outside-counsel hourly rate is $250 (set in 2022), previously $200 from 2013 to 2022, and acknowledged that members may consider raising the rate. Several lawmakers said $250 often does not cover firm costs and urged revisiting the rate during the committee’s budget review. Director DeCicco noted that if the hourly rate were increased, the committee could proportionally increase the budget line (he used a $125,000 budget and a 20% uplift to $150,000 as an illustrative example).

No formal changes to the roster or hourly rate were adopted at the meeting. Members asked staff to include the outside-counsel solicitation and any recommended rate changes on an upcoming budget agenda for committee consideration.