Legal Question in Criminal Law in Colorado

Transcripts for indigent defendant?

My husband was bankrupted after two trials in Colorado (for the same offense) and was forced into a third trial with public defenders. They did not do a good job and he was poorly defended, which resulted in a conviction.

An appeal has been filed and he is once again at the mercy of a public defender. The appellate public defender assigned to his case is invisible and will not do anything to help him, after repeated attempts.

My husband is indigent (after three trials, who WOULDN'T be?) but one of his family members is considering getting a loan to retain a private appellate attorney for him.

My question is, if he retains a private attorney, will the state of Colorado expect him to pay for (or reimburse) the cost of all transcripts necessary for an appeal? There's a lot of them, so the cost would be extreme and the family member getting the loan would only qualify for a loan big enough to pay the attorney.

The record of appeal is due next month and as far as we know all transcripts are completed and already billed to the state. Would we have to reimburse the state if we hire a private attorney at this point? If we do have to reimburse them, are we obligated to do that no matter WHEN we hire a private attorney?


Asked on 9/27/06, 12:06 pm

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Transcripts for indigent defendant?

I don't know exactly, but I have done this before. If a family member is paying an attorney, and the actual defendant never touched the money, how can the defendant be expected to pay? Your question also raises concerns re: the PD at trial. Because of this, there is a conflict of interest for the PD (on appeal)to argue against/for actions of the PD (at trial). The defendant is entitled to court-appointed appellate counsel who is CONFLICT-FREE. The PD is not.

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Answered on 9/27/06, 3:25 pm


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