Colorado law requires that newly arrested detainees be taken “without unreasonable delay” to the nearest county court judge, who can set bond.    County jails commonly fail to follow that law, however, when the arrest warrant was issued in a different county.

After the Teller County Sheriff’s Office arrested the ACLU’s client, Michael Bailey, on a four-year-old misdemeanor warrant from Pueblo County, it refused to take him to the Teller County Court where bond could be set.  Instead, it waited for the Pueblo County Sheriff’s Office to transport Mr. Bailey to Pueblo.  For more than six weeks, the Pueblo County Sheriff’s Office ignored multiple notices to transport Mr. Bailey.

When Mr. Bailey finally appeared before the Pueblo County Court after 52 days in jail, he was immediately released on a personal recognizance bond, and all charges were dismissed soon afterward.  As a result of his prolonged detention, Bailey lost his job and nearly two months of wages.   On Mr. Bailey’s behalf, ACLU lawyers sued the responsible parties in both counties.

The lawsuit was resolved with a federal court order that requires Teller and Pueblo counties to bring new arrestees for a first court appearance within two days.  Mr. Bailey also received substantial monetary compensation. 

ACLU news releases:

Media:

Attorney(s)

Darold Killmer; Michael Fairhurst; Mark Silverstein, ACLU of Colorado Legal Director; Rebecca T. Wallace, ACLU Staff Attorney

Pro Bono Law Firm(s)

Killmer, Lane, and Newman LLP

Case number

2017 - 04, No. 17-cv-02146,