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County attorney urges ordinance updates after DA declines to prosecute some local infractions
Summary
County Attorney Leo told commissioners a recent letter from District Attorney Anna Cooling means the county should review and update local ordinances and its model traffic code after the Misdemeanor Reform Act downgraded many petty offenses to civil infractions; the sheriff said the change is not a major enforcement issue for his office.
County Attorney Leo briefed commissioners on legal research prompted by a letter from District Attorney Anna Cooling notifying the board her office would not prosecute certain local ordinance violations. Leo said the legal review showed Colorado’s statutory framework distinguishes county attorneys and district attorneys and that the Misdemeanor Reform Act has converted many petty offenses into civil infractions, changing how those matters proceed in court.
"When I first saw this, my initial reaction was, well, I've never heard of an ordinance prosecution in Erie County since I've been here that needed assistance from the DA or I," Leo said, adding that, after deeper review and conversations with other counties, "this letter is not a nothing burger. It was a something burger." He recommended the county update its ordinances and consider adopting a newer Model Traffic Code to align penalty language, administrative procedures and appeal processes with current state law.
Leo and commissioners discussed practical consequences: civil infractions are handled differently in court, law enforcement typically appears for proceedings, and district attorneys may only appear for plea bargaining under some statutes. Leo suggested the county could update a uniform fine schedule and the traffic code together to simplify administration and to assist courts and the sheriff’s office.
Sheriff (speaker 6) told the board his office does not commonly rely on ordinance penalty assessments: "we have not written any ordinance violation penalty assessments" in recent practice and said deputies more often assist via civil standbys or by pursuing state statutes when conduct reaches criminal thresholds. He described his office’s role as supportive and said the DA’s notice was not a major operational concern for local enforcement.
Why it matters: The exchange highlights how state criminal‑code changes can force local code revisions and administrative adjustments. Commissioners asked staff to wait for pending state legislation on code‑enforcement fines before finalizing updates but also to explore adopting the 2024 Model Traffic Code as a single, consistent instrument for penalties and enforcement.
