Colorado § 13-10-105 - Municipal judge - appointment - removal.

§ 13-10-105. Municipal judge - appointment - removal.

(1) (a) Unless otherwise provided in the charter of a home rule city, the municipal court shall be presided over by a municipal judge who shall be appointed by the municipal governing body for a specified term of not less than two years and who may be reappointed for a subsequent term; except that the initial appointment under this section may be for a term of office which expires on the date of the next election of the municipal governing body. Any vacancy in the office of municipal judge shall be filled by appointment of the municipal governing body for the remainder of the unexpired term.

(b) The municipal governing body may appoint such assistant judges as may be necessary to act or such substitute judges as circumstances may require in case of temporary absence, sickness, disqualification, or other inability of the presiding or assistant municipal judges to act.

(c) In the event that more than one municipal judge is appointed, the municipal governing body shall designate a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed.

(2) A municipal judge may be removed during his or her term of office only for cause. A judge may be removed for cause if:

(a) He is found guilty of a felony or any other crime involving moral turpitude;

(b) He has a disability which interferes with the performance of his duties and which is or is likely to become of a permanent character;

(c) He has willfully or persistently failed to perform his duties;

(d) He or she has a substance use disorder that is not in remission; or

(e) The municipality required the judge, at the time of appointment, to be a resident of the municipality, or county in which the municipality is located, and he subsequently becomes a nonresident of the municipality or the county during his term of office.

Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-3. L. 77: (2)(c) and (2)(d) amended and (2)(e) added, p. 793, § 1, effective June 3. L. 91: (1)(b) amended, p. 742, § 1, effective April 4. L. 2017: IP(2) and (2)(d) amended, (SB 17-242), ch. 263, p. 1293, § 107, effective May 25.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

ANNOTATION

There is no violation of the due process clause in a trial before a nontenured judge. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976).

There is nothing to show that a trial before a nontenured judge in and of itself is sufficient to taint the fairness of the trial, thereby denying due process or equal protection. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976).

The fact that the term of office for municipal judges is not included in the exceptions in § 13-10-103 clearly indicates the general assembly's recognition that the tenure decision lies in the hands of the citizens of home-rule cities. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976).

Home-rule cities to specify terms of tenure. Subsection (1)(a), read in context with § 6 of art. XX, Colo. Const., makes it clear that the statute's unambiguous language offers home-rule cities the opportunity to specify the terms under which a municipal judge holds his office. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976).

The decision of a home-rule city to appoint judges removable at the will of the city council is consistent with this section. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144, 556 P.2d 1217 (1976).

Likewise, a city charter that provides for the appointment of a municipal judge by the city council for a fixed term and that limits the removal of a judge only for cause does not violate this section. Artes-Roy v. City of Aspen, 856 P.2d 823 (Colo. 1993).