House Committee of Reference Report
Committee on Judiciary
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April 1, 2026
After consideration on the merits, the Committee recommends the following:
HB26-1288 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend printed bill, strike everything below the enacting clause and
Page 1, Line 2substitute:
Page 1, Line 3"SECTION 1. In Colorado Revised Statutes, add 13-3-121 as
Page 1, Line 4follows:
Page 1, Line 513-3-121. Jury selection working group - creation - members
Page 1, Line 6- duties - report - definition - repeal.
Page 1, Line 7(1) As used in this section, unless the context otherwise
Page 1, Line 8requires, "working group" means the jury selection working
Page 1, Line 9group created in subsection (2) of this section.
Page 1, Line 10(2) There is created in the judicial department the jury
Page 1, Line 11selection working group to make findings and recommendations
Page 1, Line 12concerning jury selection.
Page 1, Line 13(3) (a) The working group consists of:
Page 1, Line 14(I) The state public defender, or their designee;
Page 1, Line 15(II) The attorney general, or their designee;
Page 1, Line 16(III) The following members, who are appointed by the
Page 1, Line 17association that they represent, which association is chosen by
Page 1, Line 18the chief justice of the Colorado supreme court:
Page 1, Line 19(A) One member who represents a statewide association of
Page 1, Line 20district attorneys;
Page 1, Line 21(B) One member who represents a statewide association of
Page 1, Line 22municipal judges;
Page 1, Line 23(C) One member who represents a statewide association of
Page 1, Line 24civil trial lawyers;
Page 1, Line 25(D) One member who represents a statewide association of
Page 1, Line 26civil defense lawyers;
Page 1, Line 27(E) One member who represents a statewide association of
Page 1, Line 28criminal defense lawyers;
Page 2, Line 1(F) One member who is a member of a statewide association
Page 2, Line 2of lawyers and who has experience with representing clients in
Page 2, Line 3complex commercial litigation involving private parties; and
Page 2, Line 4(G) One member who is an instructor at an institution of
Page 2, Line 5higher education and has expert knowledge of, and research
Page 2, Line 6experience with, jury selection; and
Page 2, Line 7(IV) The following members, appointed by the chief justice
Page 2, Line 8of the Colorado supreme court:
Page 2, Line 9(A) A justice or judge;
Page 2, Line 10(B) The chair of the rules of criminal procedure
Page 2, Line 11committee;
Page 2, Line 12(C) The chair of the civil rules committee;
Page 2, Line 13(D) Four judges, who in full represent district court,
Page 2, Line 14county court, rural jurisdiction, and urban jurisdiction;
Page 2, Line 15(E) One jury commissioner who represents an urban
Page 2, Line 16judicial district; and
Page 2, Line 17(F) One jury commissioner who represents a rural judicial
Page 2, Line 18district.
Page 2, Line 19(b) To the extent practicable, the appointing authorities
Page 2, Line 20shall attempt to appoint working group members who reflect
Page 2, Line 21the diversity of the state with regard to geography, race,
Page 2, Line 22ethnicity, gender, and areas of practice.
Page 2, Line 23(c) The appointing authorities shall make appointments to
Page 2, Line 24the working group no later than June 15, 2026.
Page 2, Line 25(d) (I) The justice or judge appointed pursuant to
Page 2, Line 26subsection (3)(a)(IV)(A) of this section serves as a co-chair of the
Page 2, Line 27working group.
Page 2, Line 28(II) The working group shall select a member described in
Page 2, Line 29subsection (3)(a)(I), (3)(a)(II), or (3)(a)(III) of this section to serve
Page 2, Line 30as a co-chair of the working group.
Page 2, Line 31(e) Members serve without compensation but may be
Page 2, Line 32reimbursed for expenses directly relating to their service to the
Page 2, Line 33working group.
Page 2, Line 34(4) The working group shall:
Page 2, Line 35(a) Solicit input from relevant communities and
Page 2, Line 36stakeholders to assist the working group with the performance
Page 2, Line 37of its duties pursuant to subsection (4)(b) of this section;
Page 2, Line 38(b) Identify best practices concerning:
Page 2, Line 39(I) The amount of time provided to attorneys to perform
Page 2, Line 40voir dire;
Page 2, Line 41(II) The use of case-specific or model questionnaires for
Page 2, Line 42potential jurors;
Page 2, Line 43(III) The use of rules for the process and effectiveness of
Page 3, Line 1rehabilitating jurors;
Page 3, Line 2(IV) The elimination of bias in jury selection;
Page 3, Line 3(V) The use of model bench book scripts for jury selection;
Page 3, Line 4(VI) Training for judges and lawyers regarding jury
Page 3, Line 5selection; and
Page 3, Line 6(VII) Any other matter related to jury selection deemed
Page 3, Line 7appropriate by the working group; and
Page 3, Line 8(c) Consider making recommendations for statutory or
Page 3, Line 9rule changes to improve jury selection.
Page 3, Line 10(5) (a) On or before December 1, 2026, the working group
Page 3, Line 11shall submit a progress report of its identified best practices
Page 3, Line 12pursuant to subsection (4)(b) of this section, and
Page 3, Line 13recommendations for statutory or rule changes pursuant to
Page 3, Line 14subsection (4)(c) of this section, if any, to the judiciary
Page 3, Line 15committees of the house of representatives and the senate, or
Page 3, Line 16any successor committees, and each Colorado supreme court
Page 3, Line 17justice.
Page 3, Line 18(b) On or before December 1, 2026, the judicial department
Page 3, Line 19shall post the report described in subsection (5)(a) of this
Page 3, Line 20section on its website for public access.
Page 3, Line 21(6) (a) On or before a date determined by the working
Page 3, Line 22group's co-chairs that is sufficient to allow the Colorado
Page 3, Line 23supreme court to respond pursuant to subsection (7) of this
Page 3, Line 24section, the working group shall submit a final report of its
Page 3, Line 25identified best practices pursuant to subsection (4)(b) of this
Page 3, Line 26section, and recommendations for statutory or rule changes
Page 3, Line 27pursuant to subsection (4)(c) of this section, if any, to the
Page 3, Line 28judiciary committees of the house of representatives and the
Page 3, Line 29senate, or any successor committees, and each Colorado
Page 3, Line 30supreme court justice.
Page 3, Line 31(b) Within one week of receiving the final report
Page 3, Line 32described in subsection (6)(a) of this section, the judicial
Page 3, Line 33department shall post the report described in subsection (6)(a)
Page 3, Line 34of this section on its website for public access.
Page 3, Line 35(7) (a) If any recommendations for rule changes are made,
Page 3, Line 36then on or before June 15, 2027, the Colorado supreme court
Page 3, Line 37shall respond to the working group's recommendations for rule
Page 3, Line 38changes to improve jury selection.
Page 3, Line 39(b) On or before June 15, 2027, the judicial department
Page 3, Line 40shall post the response described in subsection (7)(a) of this
Page 3, Line 41section on its website for public access.
Page 3, Line 42(8) This section is repealed, effective July 1, 2027.
Page 3, Line 43SECTION 2. Safety clause. The general assembly finds,
Page 4, Line 1determines, and declares that this act is necessary for the immediate
Page 4, Line 2preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 3the support and maintenance of the departments of the state and state
Page 4, Line 4institutions.".