Aurora seeks clarity from Colorado Supreme Court on extent of legal precedence in recent decision

AURORA, Colo. - The city of Aurora filed a Petition for Rehearing with the Colorado Supreme Court on Monday in Aurora v. Simons, the case in which the court determined that municipal criminal penalties cannot exceed state sentencing caps for similar offenses under state law. The city does not contest the ruling but remains concerned about the potential breadth of the decision beyond the facts of the case itself.

The court, in large part, determined that state law "preempts" local law on issues of "mixed concern." Aurora believes the court's analysis could have broad implications on other areas of law, not specific to municipal criminal penalties, and the rights of local governments to make decisions on matters of local concern at the local level. The city, by filing a Petition for Rehearing, is asking the court to provide clarity on how far its legal precedence extends.

"To be clear - Aurora is not asking the court to change its ultimate holding in the case," said Aurora City Attorney Pete Schulte. "The city is committed to following the holding and will not sentence any individuals beyond what is allowed under state law for comparable state offenses. Aurora is only asking the court to consider providing more clarity and guidance to cities on its effect on other areas of Colorado law."

To view the Colorado Supreme Court's decision in Aurora v. Simons, visit the Colorado Judicial Branch webpage for the case at coloradojudicial.gov/node/15460.