Judge Powell resigns

MONTE VISTA— A week after a report by the American Civil Liberties Union (ACLU) raised concerns regarding the practices of Monte Vista Municipal Judge Powell the city of Monte Vista received a resignation from Powell.

The Monte Vista City Council met in special session on Thursday, Oct. 12 to discuss the allegations and determine a course of action. According to a press release from the city of Monte Vista, “council members recognized the seriousness of the allegations and voted to suspend Powell so the claims could be properly investigated.”

Powell was notified of the suspension on Friday, Oct. 13. Immediately after Powell received notice he informed the city in writing he desired to terminate his contract. Court cases in Monte Vista have been postponed until November.

The ACLU report details practices that may have violated constitutional rights in Judge Powell’s courtroom. These include lengthy waits in jail due to the court’s infrequent schedule, refusal to release incarcerated defendants when they are finally able to appear and an unwillingness to acknowledge that some failures to appear are beyond a defendant’s and control and not deserving in punishment.

The report primarily focuses on Powell’s conduct in Alamosa, but in regards to Monte Vista has a short section titled “same judge, same bad practices.” It also gives a detailed account of a Monte Vista case in which a woman in labor was arrested for failure to appear due to her being in the hospital giving birth.

“Justice Derailed: A case study of abusive and unconstitutional practices in Colorado city courts” reports on Colorado’s 200 municipal courts but states that Powell’s courts stand out as especially flawed. The ACLU concludes their report by making several recommendations to the state legislature to protect the rights of individuals going through the court system.

 


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