Office of the State Public Defender
Procedures for Public Access to Administrative Records pursuant to Chief Justice Directive 15-01
The following procedures apply to all public requests for access to administrative records of the Office of the State Public Defender (OSPD). This information is provided as general information regarding the process and fees related to a request for information made pursuant to Public Access to Records and Information Rule as described in CJD 15-01.
THIS PROCEDURE CANNOT BE USED TO OBTAIN DOCUMENTS FROM CASE FILES! IF YOU ARE A FORMER CLIENT(or an attorney representing a former client with a valid Release of Information) REQUESTING COPIES OF YOUR CASE FILE, PLEASE DO NOT USE THIS PROCEDURE. INSTEAD, PLEASE CONTACT THE REGIONAL TRIAL OFFICE THAT REPRESENTED YOU ON THE CASE FOR ASSISTANCE. IF YOU ARE NOT A FORMER CLIENT YOU MUST USE THIS PROCEDURE https://www.courts.state.co.us/Administration/Program.cfm?Program=11.
To assist in making the process as efficient and cost-effective as possible, any member of the public requesting to inspect administrative records should be aware of the following:
- Any request for inspection of OSPD administrative records must be made in accordance with these OSPD procedures.
- In order to inspect administrative records pursuant to Chief Justice Directive 15-01, the requesting party must complete the Request to Inspect Public Records Form and submit via electronic mail to : firstname.lastname@example.org or via United States Mail to:
Office of the State Public Defender
1300 Broadway Suite 400
Denver, CO 80203
PLEASE NOTE: NO HAND-DELIVERED OR TELEPHONE REQUESTS WILL BE ACCEPTED.
- The Rule allows the public to inspect only records actually in existence and maintained by the OSPD. The Rule does not require our agency to create records, nor does it require us to summarize or compile information or data that may be contained in those records.
- The OSPD will determine the format in which records will be inspected or produced. In making this decision, consideration will be given to such factors as the format in which the record is stored and the number of records requested. Consideration will also be given to the format requested by the requestor. However, requests for inspection of records in specific formats cannot always be accommodated.
- Fees will be charged to recover the cost of responding to requests pursuant to CJD 15-01 and 06-01. Fees will be charged for such things as time spent researching the existence of the administrative record, time spent redacting from the record any information that may or must not be disclosed, and costs related to copying the records. A list of fees is set forth below.
- If a record is not available for inspection, the requestor may request a written statement setting forth the grounds for denial of the request. A response must be provided within a reasonable time.
- Other state statutes, federal statutes and regulations, court rules, and court orders may apply to your request to inspect records. Those rules may alter the process in responding to your request, applicable time limits, and which, if any, records will be made available in response to your request.
- Be specific. Overly general or broad requests may result in delay in responding to your request, costs to you for records searches, and a large number of records being produced at a high cost to you.
- Applicable time-frames pursuant to CJD 15-01:
- Once a request in accord with these procedures is received, the OSPD will acknowledge receipt of the request within three (3) BUSINESS days. For the purposes of this acknowledgement, a record is deemed “received” by OSPD the day an email or letter containing the request is opened; a request received after noon on any business day, or on any day the agency is officially closed will be considered received as of the next business day.
- The OSPD will send a response to the request within seven (7) CALENDAR days of the acknowledgement.
- In certain circumstances, the OSPD may require an additional fourteen (14) calendar days to respond to the request. In that event, the requestor will be notified as such in accord with CJD 15-01 IV(c)(3).
The OSPD will charge fees to recover costs incurred in connection with responding to a request to inspect administrative records. Prior to responding to a request, the custodian will provide you with an estimate of the costs associated with responding to the request. The records will not be retrieved, redacted, copied or otherwise produced for inspection until payment of the estimate is received in advance. If, after the records are gathered, redacted and copied/scanned, the estimate is too small, records will not be produced until the balance due is paid. If the estimate is greater than the actual cost of production, any overpayment will be returned to the requestor at the time the records are produced.
Pursuant to CJD 06-01, fees are as follows:
- Review, research and/or redaction of documents: $25.00 per hour (charged in ¼ hour increments).
- Copies: $.25 per page/$.50 double-sided copies.
- Scanning: $.25 per page/$.50 double-sided copies.
- Employee time supervising inspection of records: $25.00 per hour (charged in ¼ hour increments).
- CDs/portable drive: $20.00
- Transmission: The OSPD will charge the actual postage or private package carrier rates incurred responding to the request.
- Payment must be by check or money order, made payable to The Office of the Colorado State Public Defender. Cash, credit cards, or any other form of payment cannot be accepted.