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After Supreme Court ruling, Denver officials move to align municipal sentences with state law
Summary
Following a Colorado Supreme Court ruling that municipal sentences exceeding state equivalents are preempted, Denver’s Budget & Policy Committee heard municipal public defenders outline urgent code changes to align Denver’s municipal penalties with state caps and avoid plea and due-process problems.
The Denver City Council Budget & Policy Committee heard detailed testimony about immediate legal and courtroom impacts after the Colorado Supreme Court held that municipal sentences that exceed equivalent state penalties are preempted.
Colette Tevet, chief municipal public defender, told the committee the decision in City of Westminster v. Camp and City of Aurora v. Simon requires that municipal sentencing caps match state law where the offenses prohibit the same conduct. She cited examples where Denver’s municipal code currently lists much higher maximum penalties—trespass in Denver remains written with a maximum of 300 days and a $999 fine while the comparable state petty-offense penalty is a…
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