Colorado § 13-3-108 - Maintenance of court facilities - capital improvements.

§ 13-3-108. Maintenance of court facilities - capital improvements.

(1) The board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section.

(2) The court administrator, subject to the approval of the chief justice, shall prepare annually a capital construction budget. The capital construction budget shall specify: The additional court housing facilities required for each court; the estimated cost of such additional structures or facilities and whether such additional court structures or facilities will include space used by other governmental units for nonjudicial purposes; and a detailed report on the present court facilities currently in use and the reasons for their inadequacy.

(3) (Deleted by amendment, L. 97, p. 1482, § 38, effective June 3, 1997.)

(4) (a) The chief justice is authorized to approve payment of state funds for the construction of any capital improvement facilities to be used for judicial purposes authorized and approved by the general assembly.

(b) The court administrator, with the approval of the chief justice, shall enter into leasing agreements with the governing body of the appropriate local unit of government when joint construction is authorized, or when the approved facilities are also to be used for nonjudicial purposes. The leasing agreement shall provide for the payment of state funds for that portion of the construction costs related to the operation of the courts.

(5) Construction or remodeling of any court or court-related facility shall be commenced only with prior approval of the chief justice of the Colorado supreme court after consultation with the board of county commissioners; except that a board of county commissioners, at its discretion, may take such actions.

Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-10. L. 72: p. 591, § 57. L. 75: (5) added, p. 565, § 1, effective July 1; (5) added, p. 558, § 9, effective July 1. L. 78: (2) and (3) amended, p. 261, § 43, effective May 23. L. 97: (2) and (3) amended, p. 1482, § 38, effective June 3. L. 2006: (5) amended, p. 142, § 7, effective August 7.

Editor's note: Amendments to subsection (5) by House Bill 75-1049 and House Bill 75-1055 were harmonized.

ANNOTATION

Historically, Colorado law has placed the duty of providing a suitable courthouse upon the county commissioners of each county. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Even though the general assembly indicated its intention to take over from the counties the financial burden of providing judicial facilities, the general assembly has not provided funds for the construction of court facilities in the various counties of the state, and the burden of providing courtroom space and facilities remains with the counties. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Mandamus appropriate. The language of subsection (1) meets the test for mandamus relief, and thus, an action in the nature of mandamus is available as a proper means of enforcing the statute. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975); State v. Bd. of County Comm'rs, Mesa County, 897 P.2d 788 (Colo. 1995).

Judicial guidelines. To achieve compliance with subsection (1) requiring county commissioners to provide adequate court facilities, without undue encroachment upon the prerogatives of the county commissioners, a judgment should give reasonable guidelines delineating what would constitute "adequate" space and then should direct that the space and related facilities be provided within a specific time. Included among the guidelines should be such physical requirements as dimensions, partitions, ventilation, security of prisoners, etc., as well as other details which would lead to creation of courtroom facilities of a character and quality commensurate with the proper and effective administration of justice. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Court exceeded its authority in issuing order requiring the board of county commissioners to provide a new judicial facility. While court does have the inherent authority to order the board to provide a new courthouse, the record does not demonstrate that the chief justice approved the initiation of the proceeding as required by subsection (5). In re Court Facilities for the Routt County Combined Ct., 107 P.3d 981 (Colo. App. 2004).

Mandamus order containing only one alternative unacceptable. While an action in the nature of mandamus will lie to enforce subsection (1), a judgment designating one alternative course of action that the county commissioners must follow in meeting the requirements of the subsection constitutes an unacceptable intrusion into the exclusive province of the executive branch of government, and, accordingly, the specific course of action to be followed by the county commissioners in complying with the subsection and with a mandamus judgment must be one of their choosing. Lawson v. Pueblo County, 36 Colo. App. 370, 540 P.2d 1136 (1975).

Subsection (5) is applied in Pena v. District Court, 681 P.2d 953 (Colo. 1984).

A county's duties under this section may not be reduced or ended pursuant to art. X, § 20(9) of the state constitution. State v. Bd. of County Comm'rs, Mesa County, 897 P.2d 788 (Colo. 1995).