FREMONT COUNTY, Colo. (KRDO) — The Fremont County District Lawyer overseeing the Barry Morphew case says the workplace will not present up for courtroom on Mondays for the rest of 2021. A number of Protection Attorneys are calling it an unprecedented transfer and are involved the elected official will not be doing the job voters put her in workplace for.
Three separate protection attorneys inform 13 Investigates if the DA’s workplace goes no-show on Monday hearings, they’ll ask for his or her instances to be dismissed.
Nevertheless, eleventh Judicial District Lawyer Linda Stanley tells 13 Investigates she’s not doing something flawed and is effectively inside her rights because the District Lawyer to selected to not seem for courtroom hearings on Mondays.
“(I am) shocked,” stated Protection Lawyer Jeremy Loew. “I don’t assume a DA will get to tell the courts which days they’ll or is not going to be displaying as much as courtroom.”
Loew’s shopper was scheduled for a sentencing listening to concerning an alleged DUI on Monday, August 18. Earlier than the listening to, he realized prosecutors wouldn’t be attending.
Loew is one in every of a number of protection attorneys who obtained an e-mail from District Lawyer Stanley informing them of her plans.
Nicely over a month in the past, I started not accepting courtroom dates on Mondays in Choose Robak’s courtroom. When she inquired as to why, I instructed her we wanted an workplace day to resolve instances as a result of she is the one courtroom in your complete district that had courtroom 5 days per week … I found that Choose Robak nonetheless put instances on Monday’s docket. Simply so you’re all conscious, no district legal professional might be there. You’re welcome to come back to the second ground to the workplace and communicate with one in every of us in regards to the case, and many others., however we is not going to be current within the courtroom at the moment or another Monday by the tip of the 12 months.
E mail from eleventh District Judicial District Lawyer Linda Stanley.
“I can not even think about what it will result in,” stated Loew. “The District Lawyer would not set the courtroom calendars it is the judicial department that units the courtroom calendar.”
Loew has filed a movement to dismiss his shopper’s DUI case. Within the movement, Loew argues the DA selected to not fulfill her duties as an elected member of the manager department.
“The folks have an obligation to prosecute instances,” stated Loew. “They’ve an obligation to seem for the prosecution of these instances. They failed to seem for the prosecution of that case.”
On Tuesday, District Lawyer Stanley spoke with 13 Investigates over the cellphone. She says Fremont County Choose Alexandra Robak is the one Fremont County Choose within the eleventh Judicial District scheduling listening to 5 days per week.
“We want an workplace day to resolve instances,” stated Stanley. “[Judge Robak] stated I needed to approve it with the courtroom and I stated I don’t must approve it with the courtroom. I used to be letting the courtroom know. Similar to in any case when the choose asks the legal professional to set one thing out the choose will ask them ‘Is that this day OK with you? Are you able to be right here on this present day?’ So I used to be letting her know.”
Stanley says if her workplace doesn’t obtain an workplace workday, instances will proceed to backlog.
Stanley says a majority of protection attorneys don’t have an issue with the self-appointed workplace day, and the general public defenders in Fremont County assist her choice.
“Choose Robak must be cheap with the attorneys in her courtroom,” stated Stanley. “It’s not simply the DAs. It’s the protection attorneys as effectively which are asking for some type of days [for office days.]”
A spokesperson with the Colorado Judicial Division says the courtroom requested DA Stanley to give you a scheduling plan if she goes to overlook Mondays, however she has not submitted one.
Till then, Choose Robak plans to proceed scheduling hearings 5 days per week together with Mondays.
“I used to be instructed the Monday I wasn’t there, she reset (the listening to) for an additional Monday,” stated Stanley. “It’s nearly like she is purposefully making an attempt to make issues as worse as potential, as a substitute of claiming I’m not going to set issues on Mondays till we get issues resolved. That will’ve been the grownup factor to do.”
Once we requested the Colorado Judicial Division if Stanley or the eleventh Judicial DA’s workplace may face any repercussion, the spokesperson stated he would not know.