Colorado § 13-10-114 - Trial by jury.

§ 13-10-114. Trial by jury.

(1) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three jurors unless, in the case of a trial for a petty offense, a greater number, not to exceed six, is requested by the defendant.

(2) In municipalities having less than five thousand population, juries may be summoned by the issuance of venire to a police officer or marshal. In municipalities having a population of five thousand or more, juries shall be selected from a jury list as is provided for courts of record.

(3) Jurors shall be paid the sum of six dollars per day for actual jury service and three dollars for each day of service on the jury panel alone; except that the governing body of a municipality may, by resolution or ordinance, set higher or lower fees for attending its municipal court.

(4) For the purposes of this section, a defendant waives his or her right to a jury trial under subsection (1) of this section unless, within twenty-one days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant having paid the jury fee files with the court at least seven days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded.

(5) At the time of arraignment for any petty offense in this state, the judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury; of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, request such trial by jury within twenty-one days after entry of a plea, in writing; of the number of jurors allowed by law; and of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, tender to the court within twenty-one days after entry of a plea a jury fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant.

Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-12. L. 70: p. 150, § 3. L. 83: (4) amended, p. 615, § 1, effective July 1. L. 88: (3) amended, p. 1124, § 1, effective April 4. L. 2005: (4) and (5) amended, p. 428, § 10, effective July 28. L. 2012: (4) and (5) amended, (SB 12-175), ch. 208, p. 823, § 4, effective July 1.

ANNOTATION

Applicability of the Uniform Jury Selection and Service Act. Although the act is not applicable to municipal courts, the statutory disqualifications in § 13-71-109 (2) should be applied to trials in municipal courts of record. City of Aurora v. Rhodes, 689 P.2d 603 (Colo. 1984).

For purposes of § 13-71-109, a prospective juror summoned to a municipal court qualifies as a "resident of the county" as long as he resides in that part of the county located within the territorial limits of the municipality. City of Aurora v. Rhodes, 689 P.2d 603 (Colo. 1984).

A defendant has the right to a jury in municipal court if charged with the commission of a petty offense, as defined under §16-10-109, C.R.S. Bradford v. Longmont Mun. Court, 830 P.2d 1135 (Colo. App. 1992).

The rule proscribing a child's right to a jury trial is limited to delinquency proceedings. Bradford v. Longmont Mun. Court, 830 P.2d 1135 (Colo. App. 1992).

Prerequisites of a written demand and $25 fee for a jury trial pursuant to C.R.M.P. 223 and this section do not violate defendant's right to a jury trial or deprive him of equal protection of the laws under the federal constitution. Christie v. People, 837 P.2d 1237 (Colo. 1992).

Applied in Lininger v. City of Sheridan, 648 P.2d 1097 (Colo. App. 1982).