AURORA | Aurora city court officials say they are working to reconcile the city’s tough-on-crime laws and hundreds of cases after a top state court ruling last year got tough on the city’s minimum jail sentences for misdemeanors.
Fallout from a December Colorado Supreme Court rulings prompted at least one Aurora lawmaker to call Monday for shutting down most of the Aurora courts system and sending cases to local county courts.
Aurora’s consternation began when the state’s high court ruled in People v. Simons that Aurora, nor any city, can create harsher punishments for misdemeanor crimes than does the state.
The previous city council, led by a Republican majority, has for a few years promoted what they dubbed a “tough on crime” policy, mandating jail time and long jail sentences for crimes like trespassing, shoplifting and car theft.
In the Simons case, the defendant was charged by an Aurora city court with motor vehicle trespass and later trespass, each with a maximum penalty of 364 days, a $2,650 fine or both. The state law says theft under $300 is a petty offense with a maximum punishment of ten days in jail, a $300 fine, or both.
The ruling requires Aurora to reduce its previous, harsher mandatory jail sentences, according to city legal officials.
The two sides have found agreement on their interpretation of nearly every section of Aurora’s criminal code to determine whether its penalties are impacted by the Camp and Simons case decision, Cadiz said.
The outcome of how sentences might be changed in each identified case has yet to be determined, officials said.
“We have reviewed those,” Heckman told council members, explaining that the cases were jointly examined to determine whether prior sentences exceeded what is now allowed under state law.
City Attorney Pete Schulte said the joint review went beyond what is legally required.
Cadiz said the city has also begun reviewing its broader municipal code by examining more than 100 ordinance sections to determine which provisions might be affected by the court ruling and how they should be reclassified under state law. Officials said they found that a majority of the city criminal ordinances may be impacted in some way, likely requiring reduced penalties.
In many cases, offenses that previously carried up to 364 days in jail would now be treated as lower-level misdemeanors or petty offenses with significantly shorter maximum sentences, Cadiz said.
Fallout from the ruling has sparked debate among city lawmakers about the future of Aurora’s municipal court system.
Councilmember Francoise Bergan said during the meeting that the decision represents a loss of local control by cities and questioned whether Aurora should continue prosecuting most criminal cases at all.
“We no longer have that authority as a municipality to impose harsher penalties,” Bergan said. “Personally, I think we should stop hearing criminal cases altogether.”
She suggested Aurora could follow the example of other cities by limiting its court system to civil and traffic matters, a move City Manager Jason Batchelor said could save taxpayers approximately $7 million annually.
Those cases and courts would have to be absorbed by Aurora’s three counties, Adams, Arapahoe and Douglas.
Bergan characterized the Supreme Court ruling as effectively stripping the city of its ability to tailor criminal penalties to local needs.
“It’s basically the state has taken away our authority,” she said.
Councilmember Bergan’s idea makes sense. If the state wants to impose its will on our city, and Aurora is not mandated to handle the cases, let the counties deal with these criminals and put $7 million more towards public safety, roads, parks, and quality of life. If it requires a ballot initiative, we should go for it.