Judicial oversight weighed for charging kids as adults

Not a single prosecutor in Colorado supports a bill that would require judges' approval before 14- and 15-year-olds accused of violent felonies can be charged as adults.

Proponents of HB1208, which passed the House on March 11 and now heads for the Senate, say it will add judicial oversight to a 1993 law that is sometimes abused by prosecutors.

But opponents counter that unless someone can show it has been abused by prosecutors, the law has been successful and should be left alone.

"This is a power that was given to the executive branch because the juvenile justice system was inadequate to deal with serious adult crimes," 4th Judicial District Attorney John Newsome said last week. "The reason why they want it returned to the judicial branch is because it won't be used.

"They must think it's happening too often and on too many juveniles. At some point, someone has to ask proponents to show us where this is not working."

A lobbyist for the Colorado Criminal Defense Bar said they can point to examples - including the case of a 15-year-old who was held in adult county jail for nine months before charges were dropped, said Maureen Cain.

"If they think their decisions are so good, what are they afraid of?" said Cain, also an attorney.

Newsome, presidentelect of the Colorado District Attorney's Council, said all of the state's 22 district attorneys voted to oppose the measure.

Colorado is one of only four states in which prosecutors can file adult charges against minors without judicial oversight.

The law was passed in response to Denver's 1993 "Summer of Violence" in an attempt to deal with violent crime by youths. The law lets prosecutors file adult charges in Class 1 felonies, such as murder and sexual assault, against juveniles as young as 14 years old.

The bill to change that passed the House 34-30, largely along party lines, with most Republicans opposing it and most Democrats supporting it. Proponents pointed to statistics showing that juveniles imprisoned in adult institutions had a 34 percent higher rate of recidivism.

"This is a good idea. There ought to be a review process," said Sen. John Morse, D-Colorado Springs, a co-sponsor of the bill. "Now it's just one person's call and doesn't get reviewed by anyone."

Newsome said the power to file adult felonies against juveniles is used judiciously in the 4th Judicial District, which encompasses Teller and El Paso counties.

In 2007, Newsome's office charged 11 juveniles as adults. In the 18th Judicial District, which includes Douglas and Arapahoe counties, 30 adult felonies were filed against juveniles in 2007.

"Our philosophy on it is that it's generally reserved for juveniles who have already been to the juvenile system and are back," Newsome said. "They've returned to crime or have taken a human life."

"No one has pointed out problems with the current system or that it's being abused," said Senate Minority Leader Andy McElhany, R-Colorado Springs. "The alternative is to turn these kids loose on the public, and that's not acceptable."

Defense attorneys have told Morse, a former Fountain police chief, that many prosecutors use adult charges as a plea-bargaining tool.

"There's no question that's true," said Colorado Springs defense attorney Rick Levinson.

"A judge is going to make a more reasoned decision," Levinson said. "Not a political decision as the district attorney would make."

Newsome denied his office operates that way.

CONTACT THE WRITER: 636-0110 or dennis.huspeni@gazette.com