Iris focuses her practice on high-profile criminal defense litigation, with a special emphasis on cases that involve homicide, assault, sexual offenses and mental health issues. She handles criminal cases that have been filed or are being investigated by law enforcement in all of Colorado’s judicial districts. In addition to representing clients in criminal proceedings, Iris is extremely knowledgeable in the area of Title IX as it affects male college students. She often represents students accused of sexual misconduct in the University disciplinary process.
Iris is listed as a “Top 100 Trial Lawyer” by the highly selective American Trial Lawyers Association and was a “2008 Top Woman Lawyer” by Law Week Colorado. She has been selected for inclusion on the Top 50 Women list since 2012 and the Top 100 list since 2014 in Colorado Super Lawyers®. She has been recognized by this publication since 2006. Since 2011, Iris has been selected by her peers for inclusion in The Best Lawyers in America® in the specialty of Criminal Defense: Non-White Collar.
Prior to joining the firm, Iris was a Deputy State Public Defender and a senior attorney for the Legal Center for People with Disabilities and Older People. She also was a lawyer with the Disability Rights Advocates firm in San Francisco. Prior to attending law school, she worked in a variety of mental health facilities -- an experience that sensitized her to the unique legal issues faced by those with mental health issues and motivated her to attend law school to pursue justice in their defense.
Due to her focus on sexual offenses and the criminalization of the mentally ill, Iris is often asked to consult with other attorneys, judges and experts on cases involving these issues. She lectures before the Colorado Judicial Conference and other groups of criminal defense lawyers, and she vigorously advocates at the Colorado State Legislature.
Because of the nature of criminal defense practice, Iris prefers to keep confidential the names of her clients. However, the following cases demonstrate how she continues to advocate for systemic change:
- Iris Eytan headed the team of Reilly Pozner attorneys that represented the family of a murder victim in a victim’s rights case. This unique representation was centered on the Autobee family’s position against the death penalty being given to their son’s killer, Edward Montour. They requested he be sentenced to life without the possibility of parole. This position was contrary to the prosecutors who were seeking the death penalty and Reilly Pozner attorneys were retained to preserve the family’s right to advocate for a life sentence to the jury. After the first day of trial, and 11 years of litigation, the prosecutors offered Mr. Montour a life sentence, and despite some legitimate arguments, he took it in the Autobee's honor.
- In Legal Center v. Bicha, et al., obtained a landmark settlement with the State of Colorado as co-lead counsel in a federal lawsuit over provision of competency evaluations to pre-trial detainees. In 2013, the Colorado Lawyers Committee recognized her work in this matter and gave her an Award of Special Recognition.
- With seven other attorneys, Iris created a task force to defend individuals at the State Hospital in Pueblo who pled Not Guilty by Reason of Insanity. For this role in 2004, she and her colleagues were awarded the Colorado Lawyers Committee “Community Contribution Award.” She chairs the Committee’s State Mental Health Task Force.
- In People v. Eugene Zuniga, the court in 2007 determined that Colorado failed to provide timely court-ordered competency hearings and evaluations for 81 county-jail inmates whose competency to stand trial was in question. As a special prosecutor for the case, Iris forced the State to properly fund the programs and facilities needed for those inmates to get proper care. Following this decision, she was appointed as special counsel to the court – reporting on the treatment of the mentally ill in the criminal justice system.
- In People v. Tyler Sanchez, Iris successfully convinced the prosecution to dismiss Mr. Sanchez’ case after three years of protracted and complex litigation. Mr. Sanchez is a developmentally disabled young man, who was wrongly accused of committing a serious crime, and who falsely confessed to the crime, after being interrogated by multiple police officers over a two day period in which he was in custody and not permitted to contact his parents.
- Iris Eytan was named to the group tasked with researching and rewriting Colorado’s Competency Statute, HB 08-1392, which directs how and when mental incompetency is raised and evaluated. The bill became law in 2008. The group remains active, pursuing additional changes to the statute.
Iris' blog, Criminal Defense: Insanity, Incompetency, and Mental Impairment, can be found at: http://www.criminaldefensementalhealth.com
“When it comes to justice for the disadvantaged -- and especially for those charged with criminal offenses -- I have a no-nonsense attitude. Often, when I say that something is ’not fair,’ my idealism is mistaken for naïveté. But I think it’s naïve to give up on fairness and transparency when people’s lives or rights are in the balance. Every time, I will fight for what’s right.”
| Practice Areas|
- University of San Diego, J.D.
- University of Arizona, B.A., with honors, Psychology
| || Bar & Court Admissions|
- U.S. District Court for Colorado
| || Leadership|
- Co-Chair, National Criminal Defense Forum on Forensic Mental Health & the Law (2013)
- Member, Board of the Colorado Criminal Defense Bar (2013-2015 Term)
- Secretary/Treasurer, Colorado Lawyers Committee
- Chair, Colorado Lawyers Committee Mental Health Task Force
- Board Member, Capitol Hill Community Services
- Legal Co-Chair, 18th Judicial District Mental Health Court Project (2008)
- Task Force Member, Department of Human Services Competency Committee (2006)
- Chair of Law and Policy, Arapahoe County Mental Health Court
| || Recognition|
- "Top 100 Lawyers" by Colorado Super Lawyers (2014-present)
- "Top 50 Women Lawyers" by Colorado Super Lawyers (2012-present)
- Listed in Colorado Super Lawyers (nine times since 2006)
- Listed in The Best Lawyers in America in the area of Criminal Defense: Non-White Collar (2011-present)
- AV rated by Martindale-Hubbell
- Award of Special Recognition from the Colorado Lawyers Committee (2013)
- “Top 100 Trial Lawyer” by the American Trial Lawyers Association
- 5280 "Top Lawyers" (Criminal Law, 2015)
- “Top Woman Lawyer” by Law Week Colorado (2008)
- Awarded the Colorado Lawyers Committee “Community Contribution Award” (2005)
| || Presentations & Publications|
- "Understanding Forensic Mental Health," National Association of Criminal Defense Lawyers (NACDL), 8th Annual Forensic Science and the Law Conference, April 2015
- "The Truth is: Individuals with Mental Impairments Falsely Confess," Colorado Criminal Justice Act-Standing Committee, Annual CLE Training, October 2014
- "Trial Tactics, Openings and Closings of Trial," University of Colorado School of Law, October 2014
- “Demonstrative Evidence: Pictures of Winning,” National Association of Criminal Defense Lawyers (NACDL), Annual Meeting, July 2014
- "Challenging the State's Competency Mental Health Expert," with Larry Pozner, Colorado Criminal Defense Bar, May 2014
- “Sex, Booze and the Law,” University of Denver Fraternities and Greek Life Organization, May 2014
- “False Confessions and Competency Issues to Waive Miranda,” Capital Case Litigation Training Conference for the Office of the Public Defender of the State of Delaware, May 2014
- “Insanity Defense and Mental Competency in the Colorado Courts,” University of Colorado Denver School of Public Affairs, April 2014
- "Case of False Confession and Incompetence to Waive Miranda: Language and Learning Disabilities in Criminal Defense," From Sexual Sadism to Maternal/Fetal Rights: The Wide World of Forensic Mental Health, Tulane University 2014 Forensic Psychiatry Conference, April 2014
- “Character & Fitness in the Bar Admission Process,” University of Denver Sturm College of Law, March 2014
- “Sex, Booze and The Law,” Kent Denver School, March 2014
- “Presentation re: Tyler Sanchez Case,” University of Denver Sturm College of Law, February 2014
- “Celebrity Court Radio Show,” Elizabeth Kelly Blog Talk Radio, November 2013
- “A Case of False Confession and Incompetence to Waive Miranda: Language and Learning Disabilities in Criminal Defense,” Presentation for Grand Rounds, Department of Psychiatry at the University of Colorado School of Medicine with and on behalf of Dr. Richard Martinez, MD, MH – Director, Forensic Psychiatry, Denver Health Medical Center and Director, Forensic Psychiatry Fellowship, UCDSM, Dept. of Psychiatry, November 2013
- “Police & Doctors & Judges Oh My! Representing Clients with Mental Impairments,” Wisconsin State Public Defender’s Conference, November 2013
- “Street Law: In Re Gault,” East High School, 2013
- “Opening Remarks and Introductions,” National Criminal Defense Forum and Forensic Mental Health and the Law,” National Criminal Defense Lawyers (NACDL), September 2013
- “Trial Tactics: Openings and Closings of Trial,” University of Colorado School of Law, 2013
- “Mental Health Defenses,” Metropolitan State University of Denver, 2013
- “Sex, Drugs, and the Law," Kent Denver School, May 2013
- “The Insanity Defense with Joe Scarborough,” MSNBC, 2012
- “Insanity Defense Looks Likely in Holmes Case,” USA Today, 2012
- “Trial Tactics: Theory,” University of Colorado School of Law, 2012
- “What I’ve Learned From Representing the Incompetent in an Incompetent System,” Colorado Public Defender Annual Fall Conference, 2012
- “Pro Bono Practice at Law Firm,” University of Denver Sturm College of Law, 2012
- “Sex, Drugs, and the Law," Kent Denver School, May 2012
- “Demonstrative Evidence,” National Association of Criminal Defense Lawyers (NACDL), Winter Conference, 2009
- “Competency Statutes Post Zuniga,” Colorado Judicial Conference, 2009
- “Competently Representing the Incompetent,” Colorado Criminal Defense Bar (CCDB), 2008
- “Competency Statutes,” Probate Court Panel, 2000
| || Professional Memberships|
- Colorado Criminal Defense Bar
- Colorado Lawyers Committee
| || Media|