In re Court Facilities for the Routt County

107 P.3d 981, 2004 Colo. App. LEXIS 861, 2004 WL 1119088
CourtColorado Court of Appeals
DecidedMay 20, 2004
DocketNo. 03CA0275
StatusPublished
Cited by2 cases

This text of 107 P.3d 981 (In re Court Facilities for the Routt County) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Court Facilities for the Routt County, 107 P.3d 981, 2004 Colo. App. LEXIS 861, 2004 WL 1119088 (Colo. Ct. App. 2004).

Opinions

Opinion by

Judge KAPELKE.

Respondent, the Board of County Commissioners of the County of Routt (the Board), appeals from the district court’s order directing it to provide new facilities for the Routt County Combined Court. We vacate the order.

On December 16, 2002, the then chief judge of the district court issued an order directing the Board to appear before the court on December 23, 2002, to show cause why it should not be required to comply with the terms of an unsigned order attached to the show cause order. Also attached to the show cause order were numerous items of correspondence and other documentation regarding security, space, and other problems with the existing courthouse and regarding previous efforts by the court and the Board to have new court facilities built. Among the attached documents was an “Interim Report to the Board of Commissioners from the Court Facilities Review Committee,” dated January 26,1994.

[983]*983Under the terms of the court’s unsigned order, the Board would be required to submit a detailed plan regarding compliance with the order by January 1, 2004, and to have the new court facility completed by January 1, 2006.

The Board filed a response to the show cause order on December 20, 2002. In its response, the Board agreed that a new court facility is needed and acknowledged that “Colorado law requires the County to provide and maintain a ‘suitable courthouse’ or ‘adequate courtrooms.’” The Board challenged the procedure adopted by the court in issuing the show cause order, however, and also objected to the deadlines that would have been established under the unsigned order.

The court held a hearing on the show cause order on December 23, 2002. The chief judge presided at the hearing. The Board presented testimony by one of the county commissioners and an architect. Again, while the Board conceded that new court facilities were needed, it questioned the procedure adopted by the court and objected to the proposed scheduling deadlines.

In both the unsigned order and the final order, entered after the hearing, the court set forth an extensive factual background regarding the history of the Routt County Courthouse and the need for a new facility. Specifically, the court addressed the need for greater space, new configuration patterns to allow for better circulation within the courthouse hallways, improved security, and improved accessibility for the disabled.

According to the historical account provided in the order, the court notified county officials in 1987 of deficiencies in the court facilities. Beginning in 1993, the Board established a facility review committee and hired consulting and architectural firms both to assess the need for a new facility and to submit proposed designs for the new courthouse. In a January 1994 report, the facilities review committee stated:

Specifically, the existing facility’s design:
1. Does not allow for adequate courtroom security. It does not provide even the minimum security according to the Colorado Courthouse Security Guidelines.
2. Interferes with proper functioning of the legal process.
3. Does not provide adequate space for courtrooms, clerk’s office, waiting area, storage, etc.
4. Does not provide adequate access for people with disabilities.

Despite the county’s efforts over the years to gain public support for the building of a new courthouse, in November 2002, the voters defeated a proposal for a mill levy increase and bond issue to fund construction of a new facility.

In its final order entered following the hearing, the court directed the Board to take the following actions:

1. Routt County shall provide the Routt County Combined Court with a safe and adequate facility, in conformity with the Colorado Judicial Branch’s Revised Space Standards for Court and Probation Facilities, and subject to approval by the Chief Judge of the Fourteenth Judicial District and the Chief Justice of the Colorado Supreme Court, as permitted by law.
2. Said space shall include a minimum of:
A. Three courtrooms and associated spaces (judges’ chambers, jury deliberation rooms, witness waiting/attorney client conference rooms).
B. Three separate circulation patterns (public,-private and secure).
C. Appropriate secure holding space for those in the custody of the Sheriff.
D. Appropriate space for other related functions, including the Clerk’s Office, District Administrator, Water Referee, Family Court Facilitator, mediation rooms, and a child waiting area.
3. Routt County shall provide the Court with a detailed financial plan and a conceptual building plan regarding compliance with this Order no later than January 1, 2004. Said facility shall be completed and made available to the Routt Combined Court by no later than September 1, 2006. Routt County shall provide the Court with progress reports on a semi-annual basis; the first of these reports shall be submitted by July 1,2003.

In this appeal, as in the trial court, the Board neither disputes the factual background described in the order nor contests [984]*984the court’s need for new facilities. Further, the Board recognizes that the county is charged with the duty of providing a new courthouse. The Board does, however, challenge the authority of the district court to issue the order, the procedure employed by the court, and the terms of the order.

I.

The Board contends that the court lacked the inherent power to issue, sua sponte, an order requiring it to provide new court facilities. We disagree.

The General Assembly has placed the duty of providing suitable court facilities in the hands of the county commissioners of each county. Pena v. Dist. Court, 681 P.2d 953, 959 (Colo.1984). Section 30-11-104(1)(a), C.R.S.2003, states: “Each county, at its own expense, shall provide a suitable courthouse....” Further, under § 13—3—108(1), C.R.S.2003, “the board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities.... ”

While the separation of powers doctrine generally proscribes judicial interference with the functions and authority of the legislative or executive branches, the same principle requires the judiciary to perform its own constitutional and statutory duties with absolute independence. Pena v. Dist. Court, supra, 681 P.2d at 956. Because the judiciary is a separate and independent branch of government, it is “abhorrent to the principles of our legal system and to our form of government that courts ... should be compelled to depend upon the vagaries of an extrinsic will.” Pena v. Dist. Court, supra, 681 P.2d at 956 (quoting Smith v. Miller, 153 Colo. 35, 40-41, 384 P.2d 738, 741 (1963)).

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Bluebook (online)
107 P.3d 981, 2004 Colo. App. LEXIS 861, 2004 WL 1119088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-court-facilities-for-the-routt-county-coloctapp-2004.