§ 13-6-501 — County court magistrates - qualifications - duties

Colorado § 13-6-501

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: County Courts

Text

(1) In Class A
counties, as defined in section 13-6-201, county court magistrates may be
appointed by the presiding judge.

(2) In Class B counties, as defined in section 13-6-201, county court
magistrates may be appointed pursuant to section 13-3-105, if approved by the
chief justice.

(3) Any county court magistrate shall be a qualified attorney-at-law
admitted to practice in the state of Colorado and in good standing; except that a
county court magistrate who hears only class A and class B traffic infraction
matters need not be an attorney-at-law and except that any duly appointed county
judge may act as a traffic magistrate regardless of whether he is an attorney-at-law.

(4) Subject to the provision that no magistrate may preside in any trial by
jury, county court magistrates have power to hear the following matters:

(a) Class 2 misdemeanor traffic offenses and class A and class B traffic
infractions, as defined in section 42-4-1701, C.R.S.;

(a.5) Civil infractions, as described in section 16-2.3-101;

(b) Such other matters as determined by rule of the supreme court.

(4.5) County court magistrates shall have the power to solemnize marriages
pursuant to the procedures in section 14-2-109, C.R.S.

(4.7) County court magistrates shall have the power to preside over matters
specified in section 13-17.5-105.

(5) Except in class A and class B traffic infraction matters and civil infraction
matters, before a county court magistrate may hear any matter, all parties shall
have waived, on the record, their right to proceed before a county judge. If any party
fails to waive such right, or objects to the magistrate, that party's case must be
rereferred to a county judge.

(6) Magistrates, when handling county court matters, class A and class B
traffic infraction matters, and civil infraction matters, and where the parties to such
proceedings, other than traffic infraction matters, have waived their right to
proceed before a county judge, have all the jurisdiction and power of a county
judge, and their orders and judgments are those of the county court.

(7) Procedure in matters heard by a county court magistrate shall be
determined by statute and by rules promulgated by the supreme court and by local
rules.

(8) The duties, qualifications, compensation, conditions of employment, and
other administrative details concerning magistrates who hear traffic infraction
matters and civil infraction matters not set forth in this part 5 are established
pursuant to section 13-3-105.

(9) The supreme court shall adopt such rules and regulations as it deems
necessary or proper to carry out the provisions of this part 5 relating to traffic
infraction matters and civil infraction matters, including, but not limited to,
procedural matters.

(10) Existing space provided by a county, including already existing
courtroom and administrative space, shall be used to the maximum extent possible
for hearings on traffic infraction matters.

(11) Before any county court magistrate is appointed pursuant to the
provisions of this part 5, the judicial department shall consult with the board of
county commissioners of the affected county or counties regarding any additional
space or facilities that may be required. All feasible alternatives shall be
considered and the least costly alternative shall be accepted by the department
whenever practicable.

Legislative History

Source: L. 77: Entire part added, p. 791, � 1, effective January 1, 1978. L. 82: (3), (4)(a), (5), and (6) amended and (8) to (11) added, p. 653, � 1, effective January 1, 1983. L. 83: (3) amended, p. 602, � 2, effective July 1. L. 87: (4)(a) amended, p. 1495, � 1, effective July 1. L. 89: (4.5) added, p. 782, � 5, effective April 4. L. 91: Entire section amended, p. 357, � 13, effective April 9. L. 94: (4)(a) amended, p. 2549, � 31, effective January 1, 1995. L. 95: (4.7) added, p. 480, � 3, effective July 1. L. 2022: IP(4), (5), (6), (8) and (9) amended and (4)(a.5) added, (HB 22-1229), ch. 68, p. 339, � 4, effective March 1.