Attorneys may have briefly seen a new certification requirement in the Judicial Department’s Colorado Courts E-filing (CCE) system.  The certification is required by legislation passed earlier this year that broadly applies to any third party who accesses certain nonpublic information maintained by the Judicial Department.  The specifics of the legislation are explained in more detail below.  

All CCE users received a notification of the new SB 25-276 CCE system certification one week before it went live on CCE.  However, the Judicial Department recognizes that the CCE notification and the certification itself did not adequately explain the reasons for the change or how it will impact CCE users.  The Department took the certification down to allow for further discussions internally and externally before determining how to move forward with the new statutory requirements.  The Department will communicate with Bar leadership, attorneys, and the Attorney General’s office on the least disruptive path toward statutory compliance.  We plan to raise the feedback we’ve received so far with the bill sponsors. 

Senate Bill 25-276 was signed into law on May 23, 2025.  This legislation seeks to prevent the use of state resources for federal civil immigration enforcement. To that end, the bill added the Judicial Branch and Legislative Branch to the definition of “State Agency” found at section 24-74-102(3). As a result, the Judicial Department became subject to all the provisions in Title 24, Article 74, originally enacted in 2021.

Section 24-74-105(1), titled “[a]ccess to state agency or political subdivision records,” expressly requires a third party accessing nonpublic personal identifying information to certify annually, “under penalty of perjury,” that:

1. The third party will not use personal identifying information obtained from the database or automated network for the purpose of investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. sec. 1325 or 1326, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order; and
2. The third party will not disclose personal identifying information obtained from the database or automated network to individuals or entities engaged in investigating for, participating in, cooperating with, or assisting in federal immigration enforcement, including enforcement of civil immigration laws and 8 U.S.C. sec. 1325 or 1326, unless required by federal or state law or to comply with a court-issued subpoena, warrant, or order.

A “third party” is defined by section 24-74-102(5) to mean any person or entity that is not a state agency or political subdivision employee. “Personal identifying information” is defined by section 24-74-102(1) to include 34 separate categories of information. “Publicly available information” is defined by section 24-74-102(2) to mean information that is available to the public online, in person, or through a records request. 

The majority of information in CCE is public information not subject to the requirements of the legislation.  However, CCE also contains personal identifying information that is not publicly available and therefore subject to section 24-74-105.   Third parties—certain attorneys, LLPs, and, in certain case types, pro se litigants—can access personal identifying information through CCE that is not publicly available, and the Department is therefore required to implement user certification before granting access to CCE.

We recognize that some people may be frustrated by the requirements of this new legislation. If so, you may want to talk to your legislator or the bill sponsors to voice your concerns.  We will provide further information about the statute and its impact on CCE users as our discussions progress.