It is the trial lawyer's ethical responsibility to perfect their client's right to appeal.

When you have completed a case (either by a plea and sentencing, a trial and sentencing or a denial of a 35c) and the client wants to appeal, the following procedures apply.

If trial counsel concludes that the original conflict with the Public Defender continues so as to bar the PD from doing the appeal of the client, then, within 20 days of sentencing or denial of a 35c, trial counsel must provide the following to the OADC:

• Signed In Forma Pauperis

1. Completed Mittimus
2. Completed appellate transmittal sheet (with the two items above attached), emailed to This email address is being protected from spambots. You need JavaScript enabled to view it..  (Note:  Open the appellate transmittal sheet in Adobe to complete electronically.)

If you do not do this within 20 days, it WILL BE YOUR RESPONSIBILITY TO FILE THE NOTICE OF APPEAL.

If there is a question about the conflict, ask the judge to appoint the Office of the State Public Defender. You should do this directly after sentencing.  You must then submit the appellate packet within 20 days from the sentencing date or the court's final order to the OSPD. To submit a packet:

1. Send the completed appellate packet to the Colorado State Public Defender Appellate Division by email to This email address is being protected from spambots. You need JavaScript enabled to view it.. If you cannot email it, you may mail or fax it to Colorado State Public Defender Appellate Division at 1300 Broadway, Ste. 300, Denver, CO 80203 or FAX: 303-764-1479.
2. If you do not email the packet, send an email with the client’s name and case number to This email address is being protected from spambots. You need JavaScript enabled to view it. to let them know that the packet is coming.

NOTE: If you have any questions, please feel free to contact the Appellate Division at 303-764-1400.  You can get a copy of the OSPD’s form here: http://www.coloradodefenders.us/information/public-defender-forms/

Bonnie Stewart, the OADC appellate paralegal, will prepare all Notices of Appeal, Designations of Record, and Extensions of Time for court reporters on behalf of the agency. Either the Director or Deputy Director of the OADC will sign the original pleadings. The OADC will assign cases to a contract lawyer when the record is complete.

Bonnie will also correspond with the clients while the record is pending. There may be situations where, based on the client's needs, the case will assigned earlier in the process than normal, however in those situations Bonnie will continue to have responsibility for tracking the record to completion.

If you have any questions about the process, please contact Bonnie Stewart, This email address is being protected from spambots. You need JavaScript enabled to view it. or 303-515-6926.