In re Colorado v. Roina

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Petitioner Benjamin Roina was charged with harassment and assault on an at-risk adult. At his preliminary hearing, Roina’s defense counsel filed a sealed motion with the trial court contesting his competency and requested that the court order a competency evaluation. Defense counsel provided notice of the motion to the prosecution but did not provide the prosecution with a copy of the motion. The trial court refused to review the sealed motion unless defense counsel provided the prosecution with a copy. In its written order, the trial court explained that engaging in an ex parte communication with the defense would contravene Rule 2.9(A) of the Colorado Code of Judicial Conduct, which prohibited communications made to the judge outside the presence of the parties or their lawyers unless, as relevant here, expressly authorized by law. The court further concluded that section 16-8.5-102(2)(b) was ambiguous as to whether ex parte review of defense counsel’s motion would be permitted. The issue this case presented for the Colorado Supreme Court’s review centered on whether the trial court erred by declining to review the defense’s sealed motion. The Court ruled that it did: “Although Rule 2.9(A) of the Colorado Code of Judicial Conduct generally prohibits judges from considering communications that are shared with only one party in a pending matter, this type of ex parte communication is permitted when expressly authorized by law. Because section 16-8.5-102(2)(b), C.R.S. (2018), requires the trial court to consider defense counsel’s motion raising competency without disclosing that motion to the prosecution.” The case was remanded back to the trial court for further proceedings. View "In re Colorado v. Roina" on Justia Law