WASHINGTON, D.C. — House Judiciary Committee Chairman Jim Jordan (R-Ohio) and Subcommittee Chairman Tom McClintock (R-Calif.) are pressing Colorado’s court system for answers over a policy requiring attorneys to certify they will not use court records for federal immigration enforcement.
In a letter sent to Colorado State Court Administrator Steven Vasconcellos, the lawmakers argue the requirement forces attorneys to adopt a political position unrelated to their legal work as a condition of accessing the state’s electronic filing system.
The certification applies to all attorneys seeking to use Colorado’s e-filing system, a critical tool for filing documents, accessing case information, and representing clients. According to the letter, the policy effectively blocks attorneys from practicing law in the state courts unless they agree to the restriction.
Republican lawmakers described the requirement as “compelled speech,” arguing it violates First Amendment protections by forcing attorneys to affirm a position they may not support. They also contend it could interfere with federal immigration enforcement by limiting how legally obtained information is used.
The letter cites concerns raised by attorneys impacted by the policy. One attorney reportedly said he could not represent clients or file documents without agreeing to the certification. Another noted that during a prior rollout, attorneys facing deadlines had no practical choice but to accept the terms or risk failing their clients.
Jordan and McClintock argue the policy aligns with broader sanctuary-style approaches that limit cooperation with federal immigration authorities. They say requiring private attorneys to certify compliance expands those policies into the legal profession in a way that raises constitutional and practical concerns.
The lawmakers are requesting information from Colorado court officials about the origin, implementation, and legal justification for the requirement, as well as its impact on attorneys and court access.
The Colorado Judicial Branch has not publicly responded to the letter.
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