Wrongful domestic violence arrests too common

Krizman supports bill protecting indigent people in such situations

DENVER – May 2, 2024 — Too often, the wrong party is arrested in a domestic violence incident, and municipal courts are usually not equipped to sort it out, according to Casey Krizman, principal at Krizman Law. He urged the Colorado Senate Judiciary Committee on Wednesday to pass a measure that would ensure poor defendants in such situations get adequate legal representation.

“If a city’s going to take on the burden that is otherwise a state function to prosecute domestic violence cases, they need to provide an executive and a judiciary that is capable of prosecuting domestic violence offenders and be able to separate those offenders from the innocent victims who are falsely arrested,” Krizman said.

False domestic violence arrests are more likely to happen in situations involving low levels of violence – the type that wind up in municipal court in the four cities that currently prosecute such cases. Police often make the mistaken arrest because there is little evidence of harm on either party. Often, the victim will not speak up to protect their partner from arrest while the partner points the finger to hide their blame.

Everywhere except Denver, Aurora, Lakewood, and Westminster, all domestic violence cases are handled in county and district courts, with trained, accountable judges and public defenders for the indigent. Denver, whose county and municipal courts are blended, is able to ensure high-quality justice at all levels. Aurora, with an established and successful public defender’s office, is able to adequately represent indigent clients, Krizman said.

But Aurora is considering replacing its public defender staff with contract lawyers who submit the lowest bid. Aurora is doing so “because it wants to save money and increase conviction rates, not because they want to provide the same level of justice as at the state level,” Krizman said.

The measure Krizman advocated for, HB24 1437, would prevent cities from putting defense of indigent citizens out to contract lawyers who are paid a flat fee.

Krizman told the Senate Judiciary Committee that domestic violence cases are complex, requiring an attorney who will spend the time to advocate for protection orders that keep a family safely together, to investigate evidence to ensure the right person was charged, and then advocate in court hearings, plea negotiations, and trials to ensure a just result.

“That is never going to happen under a structure in which the defense goes to the lowest bidder and where the attorney has a negative profit incentive to do everything for their client,” Krizman said.

Krizman, who advocated for the bill before the House Judiciary Committee in April, said his firm represents many women who are falsely accused of domestic violence. His team discovers the error when they review the evidence and past incidents. Sometimes that results in a quick resolution, but often the wrongfully accused person must go through the complex process to get back to their family and children and to clear their name.

The Senate committee moved the bill on to the Senate floor on a 4-1 vote. It already has passed the House.