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 - Access to justice should be available for all Coloradans, not just those who have

    the financial ability to pay the other side’s attorney’s fees.

 - While every state and the federal judiciary has something like our Rule 12b,

    Colorado is one of only two states with mandatory one-sided fee-shifting provisions.

 - Developing the common law is crucial for our judicial system.

If you’re hurt due to no fault of your own, you have the right to hold the person or company that hurt you responsible by taking them to court. But what if your wrongdoer is the government or a major corporation? Should that limit your access to justice, and give them the upper hand in court?

The US Constitution guarantees citizens equal access to the courts, regardless of any individual circumstance, in order to level the playing field between everyday consumers and large corporations with deep pockets. However, Coloradans are faced with an unfair law that creates a class wedge in the judicial process between those of a lower socio-economic status and those of a higher socio-economic status. This law also stifles the development of common law, which obstructs Colorado courts from important legal precedent-setting.

This statute is referred to as 12(b) and allows a wrongdoer to request a lawsuit be dismissed on technicalities. Under current law, if a case is dismissed on a Rule 12(b) motion, the victim must pay the legal fees of the person who hurt them.

This law creates an environment where individuals who pursue claims that are dismissed on a 12(b) motion are faced with two difficult options: 1) appeal the case and risk additional fees if the decision is upheld, or, 2) choose not to pursue justice and make a deal with the wrongdoer to waive the collection of fees in exchange for the promise of not appealing. Often the victims will choose to make a deal and avoid the risk of paying these high costs because individuals do not have the financial resources to gamble on a loss. The law creates a roadblock for individuals seeking to utilize the judicial system, access the courts, and seek justice for their injuries.

HB22-1272 creates some leniency in this provision, by giving the judge discretion to not force the victim to pay for their wrongdoer’s legal fees if they believe the case was filed in good faith in order to develop the common law.  This legislation would put the power back in the hands of the judge and encourages individuals who have been injured or damaged to hold their wrongdoers accountable without the risk of financial ruin.

 

In Colorado, everyone should get their day in court – not just the wealthy. We can change that to make access to justice a reality for all Coloradans.

Contact your Senator and ask them to vote YES on HB 1272 TODAY.