The Colorado Supreme Court on Monday ruled that cities cannot punish lawbreakers beyond what state courts would allow for the same offense in a ruling that could set precedent for hundreds of municipal courts around the state.
The justices ruled that when a municipal ordinance and a state statute prohibit identical conduct, the municipal penalties for such conduct “may not exceed the corresponding state penalties for that conduct.”
By imposing more stringent penalties for the same crimes, these cities “materially impede the state’s interest in ensuring that maximum penalties for non-felony offenses are consistent and uniform across Colorado,” the opinion stated.
Chief Justice Monica M. Márquez delivered the opinion, and was joined by Justices Brian D. Boatright, William W. Hood III, Richard L. Gabriel, Carlos A. Samour Jr. and Maria E. Berkenkotter. Justice Melissa Hart, who announced her retirement last week after being on leave since October, did not participate.
The cases centered on low-level prosecutions in Westminster and Aurora municipal courts in which the alleged offenders were facing significantly more jail time after being charged in city court than they would have faced if charged in state court.
In 2022, Aleah Camp was charged with stealing less than $300 worth of goods from a Westminster store. The officer, by checking a single box on a criminal summons, sent the case to municipal court — where Camp faced a potential jail sentence 36 times longer, and a fine almost nine times higher, than what would be allowed under state law.
Camp’s attorneys argued this significant sentencing discrepancy violated her rights of equal protection under the Colorado Constitution.
In the other case, Danielle Simons was charged in 2023 with motor vehicle trespass in Aurora Municipal Court. As a result of the officer’s decision to pursue municipal rather than state charges, Simons faced up to 364 days in jail and a $2,650 fine. If she had been charged with the same offense in state court, the maximum penalty would be 120 days in jail and a $750 fine.
This is a developing story and will be updated.
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