Pueblo District Court judge commanded the immediate release of 55-year-old Dean Lopez from jail as his case is reconsidered.
According to the Denver Post, the legality of his extensive 575-day sentence for municipal contempt is under examination, a review encouraged by the findings of a Denver Post investigation and the ACLU.
Dean Lopez had been incarcerated since January on charges issued by a local Pueblo court for skipping multiple scheduled court appearances originally related to municipal trespassing.
Following these missed court dates, he accumulated further contempt charges, which heavily extended his stay behind bars. This practice of leveraging contempt charges to elongate sentences for minor infringements has now been thrust into the judicial spotlight.
The American Civil Liberties Union stepped into Lopez’s legal tumult, challenging his nearly two-year sentence as unlawful and petitioning for his immediate liberation. An investigation by the Denver Post had previously flagged a pattern where Pueblo’s municipal judges frequently escalated jail terms using contempt charges for comparatively minor, non-violent offenses.
A local attorney provides perspective on municipal court powers:
Lisa Macchietto, the Assistant City Attorney for Pueblo, defended the court's authority, suggesting any overturn could threaten the structure of its sanctioned power.
“Petitioner has requested that the court declare the municipal court’s exercise of its contempt power and resulting sentences to be illegal and void.
Contempt is an inherent power of the (municipal) court. If the court were to make such a finding, it could have a significant impact on the legitimacy of other sentences issued by the municipal court," she explained.
Pueblo District Court Judge Michelle Chostner noted the broader implications of her decision on this matter due to its unprecedented character in Colorado’s judicial history. Anxious to ensure a comprehensive evaluation, she scheduled an evidentiary hearing for November 1, where more details regarding the law and its application would be scrutinized.
Reflecting on the case’s complexity, Judge Chostner remarked on its exceptionality and potential statewide repercussions. The ACLU argues that Mr. Lopez’s constitutional rights were bypassed as he was not provided with necessary documentation related to contempt charges, a claim further complicating the legal proceedings. This adds a layer of constitutional scrutiny to the already convoluted legal challenge regarding the use of contempt to extend incarceration.
Dean Lopez’s release, while temporarily pending further review, illuminates the practice of using contempt charges somewhat uniquely in Pueblo. This case stands as a significant review node that could recalibrate how contempt powers are wielded by municipal courts across Colorado, especially in how they handle minor offenses leading to extended detention periods.
Judge Chostner has vowed to dedicate the necessary time to untangle the legalities involved, emphasizing her commitment to thoroughness: “Quite frankly, I’ll clear my schedule for this case,” she declared, underlining her dedication to resolving this legal puzzle with careful deliberation.
Judge Chostner's Statements Highlight Legal Challenges:
With an air of commitment to judicial integrity and an awareness of the consequences her decision may harbor, Judge Chostner is poised to address an issue that could reverberate through Colorado's municipal court systems.
In summary, Dean Lopez’s case not only questions the legality of his specific sentence but also puts a spotlight on broader judicial practices within Colorado's municipal courts. The upcoming November hearing aims to address these complex legal issues thoroughly, potentially setting a precedent for how contempt charges should be handled in the future.
