Rule Change
COLORADO LICENSED LEGAL PARAPROFESSIONAL RULES OF PROFESSIONAL CONDUCT
Appendix 2 to Chapters 18 to 20
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Depending on the needs of the individual and the nature of the disability, accommodation may involve: providing forms and instructions in Braille, large print or on audio tape; providing assistance at the counter in filling out necessary paperwork; having written materials read out loud in the courtroom; allowing the person to sit closer than usual if of limited vision, or to provide additional lighting if the lighting is a problem. People who are blind or visually disabled often can be assisted by increasing the size of an object, by changing viewing distance, by improving illumination, and by improving contrast. Changing size and distance go hand in hand. Size can be changed in several different ways: an object can be made larger (such as a big-button telephone), materials can be reproduced larger (such as large print), a nearby object can be enlarged (using a magnifier), or a far-away object can be enlarged (using a telescope). Devices can be set into glass frames, some of which are bioptic.
The most critical consideration for a low-vision individual is lighting. The midday offers the best light. Halogen bulbs and lamps that place direct light on a subject are highly recommended. When considering which bulbs to use, incandescent bulbs with a high wattage are preferred over florescent. Florescent bulbs throw off a glaring blue light. If the person with a visual disability is referring to notes, additional light (such as a gooseneck lamp) may be necessary.
Contrast in written materials also can be important. The more the words crowded onto a page and the more similar the ink and paper colors, the less one can discriminate. Using 14-point or larger black type on yellow paper will greatly increase the readability of materials.
Adults who are on supervised probation are required by law to pay a $50 per month supervision fee. Other fines and fees plus restitution may be ordered as well. If you are unable to pay immediately, your Probation Officer will refer you to the Collections Office to set up a payment schedule that fits with your personal budget. If you are a lower risk case and supervised by the private provider who contracts with the Probation Department, your supervision fee will be paid to the provider instead of the Collection Office of the Court.
Yes, the courts must provide auxiliary aids to courtroom spectators as needed to ensure their equal participation in and benefit from court programs and services. Access to these services must be provided unless the court can demonstrate that the accommodation would result in a fundamental alteration of the nature of a service, program, or activity or cause undue financial or administrative burden. For example, an untimely request for accommodation by a spectator may not be made if it would require a continuation of the court proceedings, causing an undue administrative burden of rescheduling the parties, attorneys and witnesses.
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Depending on the needs of the individual and the nature of the impairment, an accommodation may involve: allowing the person to sit where he or she can hear better; allowing a telecommunication system to communicate; providing a qualified sign interpreter appointed by the court; or providing an assistive listening system or computer-aided transcription device. Some deaf and hard of hearing people rely on written notes to communicate with hearing people. Although writing can supplement other modes of communication, using it exclusively is tedious, cumbersome, and time-consuming. Also, since literacy levels vary as with any population, it is not accurate to assume that written notes will work for all deaf or hard of hearing people.
A common misconception is that all deaf and hard of hearing people can read lips. However, very few people can read lips well enough to understand speech, even under optimum conditions.
Below are several effective ways to telecommunicate with deaf, hard of hearing, and speech impaired people:
TTY (Text Telephone)
This is a special type of telephone with a keyboard and a small screen where typed text appears. Every court should have a TTY to handle incoming calls and for the public to use - the equivalent of a public phone booth.
Another text-based way to communicate is to use email through a computer, a web-enabled pager pager system, or a personal digital assistant.
Telecommunications Relay Service (TRS)
TRS enables standard voice telephone users to talk to people who have difficulty hearing or speaking on the telephone. The system allows you to place a phone call through an agent who has computer equipment capable of communicating with a TTY (text telephone or teletypewriter) user. The agent will type the conversation for the deaf person to read and speak the written conversation for the hearing person. The program’s numbers are 800-659-2656 (TTY) and 800-659-3656 (voice). Callers may also dial 711 for similar services.
Once their message is received, the other person can then answer verbally, or type a response, that a communications assistant reads to you. In order to communicate this way, the person you are calling will need to have a TTY available.
Don’t hang up! Some people hang up on relay calls because they think the communications assistant is a telemarketer. If you answer the phone and hear, "Hello, this is the Relay Service. Have you received a relay call before?"— don’t hang up. A person who is deaf or hard of hearing or someone with a speech disability may be on the other line.
Sign Language and Interpreters
Many deaf and hard of hearing people use American Sign Language (ASL) rather than spoken English as their primary mode of communication. ASL is a natural language recognized globally and used by members of the Deaf community here in the United States. It is linguistically complete with unique rules for language structure and use that include phonology, morphology, syntax, semantics and discourse.
The Legal Auxiliary Services Program, at the Colorado Commission for the Deaf and Hard of Hearing (CCDHH) maintains a list of individuals who are qualified to interpret in the legal settings. Every effort should be made to obtain a sign language interpreter who holds the Registry of Interpreters for the Deaf certification for legal interpreting, the specialist certificate: Legal (SC:L). If an interpreter holding an SC:L is not available, then the court should obtain an interpreter who has been deemed "legally qualified." These interpreters hold a generalist certification through the national Registry of Interpreters for the Deaf; have completed a required minimum hours of specialized training for interpreting in the legal setting; and have satisfied the required number of hours of supervised interpreting in the legal setting. Interpreters having met this level of expertise may not be needed for matters outside of the courtroom or legal process, but should be considered if the subject matter to be interpreted involves legal terminology.
Family members or amateurs who know some sign language should never interpret for a court-related process. They may lack the techniques and skills needed for effective interpretation, generally are not familiar with court terminology and protocols, and have difficulty being neutral in the process.
Not all deaf or hard of hearing people are proficient in American Sign Language. Occasionally, it will be necessary to use other means of ensuring communication. A person who is both deaf and blind may need an interpreter skilled in tactile communication. Some deaf and hard of hearing people do not use sign language but require an "oral" interpreter who silently mouths the speaker’s words to them.
Assistive Listening Systems
Assistive Listening Systems transmit sound as directly as possible to a hearing aid. Such systems should not be confused with audio systems that are designed to make the sound louder. Rather than enhancing all the sounds in the room, an assistive listening device can bring specific sounds directly to the user's ears.
Communication Access Real-time Translation or Computer Aided Real-time Captioning (CART)
CART works effectively for individuals who have strong reading skills and for those who do not know sign language. Because of the speed of the transcription, it will not work for slow readers.
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Rule Change
RULES GOVERNING LAWYER DISCIPLINE AND DISABILITY PROCEEDINGS, PROTECTIVE APPOINTMENT OF COUNSEL, CONTINUING LEGAL AND JUDICIAL EDUCATION, ATT