§ 19-1-108 — Magistrates - qualifications - duties

Colorado § 19-1-108

• Jurisdiction: Colorado
• Title 19: Children's
• Art.: General Provisions

Text

(1) The juvenile court may
appoint one or more magistrates to hear any case or matter under the court's
jurisdiction, except where a jury trial has been requested pursuant to section 19-2.5-610 and in transfer hearings held pursuant to section 19-2.5-802. Magistrates
shall serve at the pleasure of the court, unless otherwise provided by law.

(2) Every magistrate appointed pursuant to this section shall be licensed to
practice law in Colorado; except that county judges who are not lawyers may be
appointed to serve as magistrates, as authorized by section 13-6-105 (3), C.R.S., to
hear detention and bond matters.

(3) (a) Repealed.

(a.5) Magistrates shall conduct hearings in the manner provided for the
hearing of cases by the court. During the initial advisement of the rights of any
party, the magistrate shall inform the party that, except as set forth in this
subsection (3), the party has the right to a hearing before the judge in the first
instance and the party may waive that right but that, by waiving that right, the party
is bound by the findings and recommendations of the magistrate, subject to a
request for review as set forth in subsection (5.5) of this section. The right to
require a hearing before a judge does not apply to hearings at which a child is
advised of his or her rights pursuant to section 19-2.5-605; detention hearings held
pursuant to sections 19-2.5-303, 19-2.5-304, and 19-2.5-305; preliminary hearings
held pursuant to section 19-2.5-609; temporary custody hearings held pursuant to
section 19-3-403; proceedings held pursuant to article 4 of this title 19; and support
proceedings held pursuant to article 6 of this title 19. In proceedings held pursuant
to article 4 or 6 of this title 19, contested final orders regarding allocation of
parental responsibilities may be heard by the magistrate only with the consent of
all parties.

(b) In proceedings pursuant to article 2.5 of this title 19, the right to require a
hearing before a judge is deemed waived unless a request is made by any party that
the hearing be held before a judge at the time the matter is set for hearing.

(c) In proceedings under article 3 of this title, the right to require a hearing
before a judge is waived unless:

(I) A request is made by a party or the people of the state of Colorado that
the hearing be held before the judge at the time the matter is set for hearing, if
counsel for the party is present at the time the matter is set; or

(II) A request is made by a party or the people of the state of Colorado in
writing within seven days after receipt of notice of the setting if the matter is set
for hearing outside of the presence of counsel for a represented party or if the
matter is set on notice.

(4) At the conclusion of a hearing, the magistrate shall:

(a) Advise the parties before him of his findings and ruling;

(b) Advise the parties of their right to review by the judge of his findings and
ruling;

(c) Prepare findings and a written order that shall become the order of the
court, absent a petition for review being filed as provided in subsection (5.5) of this
section; and

(d) Advise the parties that they have a right to object to an order allowing the
review of any decree for placement of a child to be conducted as an administrative
review by the department of human services and that if any party objects to
administrative review, the court shall conduct the review.

(5) Repealed.

(5.5) A request for review must be filed within fourteen days for proceedings
under articles 2.5, 4, and 6 of this title or within seven days for proceedings under
article 3 of this title after the parties have received notice of the magistrate's ruling
and must clearly set forth the grounds relied upon. Such review is solely upon the
record of the hearing before the magistrate and is reviewable upon the grounds set
forth in rule 59 of the Colorado rules of civil procedure. A petition for review is a
prerequisite before an appeal may be filed with the Colorado court of appeals or
Colorado supreme court. The judge may, on his or her own motion, remand a case to
another magistrate after action is taken on a petition for review.

(6) A magistrate may issue a lawful warrant taking a child into custody
pursuant to section 19-2.5-204 and may issue search warrants as provided in
sections 19-1-112 and 19-2.5-205.

Legislative History

Source: L. 87: Entire title R&RE, p. 701, � 1, effective October 1. L. 88: (3) amended, p. 741, � 2, effective July 1. L. 91: Entire section amended, p. 361, � 26, effective April 9. L. 92: (4)(d) added, p. 221, � 3, effective July 1. L. 94: (4)(d) amended, p. 2658, � 145, effective July 1. L. 97: (3) and (5) amended, p. 517, � 4, effective July 1. L. 99: (1) and (6) amended, p. 1375, � 11, effective July 1; (5) amended, p. 1086, � 4, effective July 1. L. 2000: (3)(c) amended, p. 35, � 1, effective July 1. L. 2003: (3)(b) amended, p. 1901, � 1, effective July 1. L. 2006: (3)(a) and (5) amended, p. 451, � 2, effective April 18; (3)(a.5) and (5.5) added, p. 452, �� 3, 4, effective July 1, 2007. L. 2007: (3)(a.5) amended, p. 1652, � 9, effective May 31; (3)(a.5) amended, p. 2029, � 35, effective June 1; (4)(c) amended, p. 2029, � 36, effective July 1. L. 2016: IP(3)(c), (3)(c)(II), and (5.5) amended, (HB 16-1057), ch. 31, p. 70, � 1, effective July 1. L. 2019: (3)(a.5) amended, (SB 19-108), ch. 294, p. 2727, � 21, effective July 1. L. 2021: (1), (3)(a.5), (3)(b), and (6) amended, (SB 21-059), ch. 136, p. 726, � 62, effective October 1. L. 2022: (5.5) amended, (SB 22-212), ch. 421, p. 2970, � 33, effective August 10.