Colorado § 13-5-131 - Multiple-judge districts.

§ 13-5-131. Multiple-judge districts.

In any district court composed of more than one judge, each of the judges shall sit separately for the trial of causes and the transaction of business and shall have and exercise all the powers and functions, as well in vacation of court as in term time, which he might have and exercise if he were the sole judge of said court.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-38.

ANNOTATION

Law reviews. For article, "Expediting Court Procedure", see 10 Dicta 113 (1933).

Annotator's note. Since § 13-5-131 is similar to repealed laws antecedent to CSA, C. 46, § 107, relevant cases construing those provisions have been included in the annotations to this section.

This section is constitutional. Jordan v. People, 19 Colo. 417, 36 P. 218 (1894).

Intent of section is to empower each district court judge to rule on matters challenging the constitutionality of the death penalty and procedures for qualifying a jury for a death penalty case only when sitting separately. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

District court has no authority to set motions challenging constitutionality of death penalty and procedures for qualifying a jury for a death penalty case for a hearing or for determination by a multi-judge panel. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

Each of the judges herein provided for is authorized to exercise the powers of a district court. Jordan v. People, 19 Colo. 417, 36 P. 218 (1894).

Each judge must exercise all the powers and functions of the court. In the trial of causes, and in the hearing and determination of any matter of purely judicial cognizance pending in the district court, each judge must sit and act alone. He must exercise all the powers and functions of the court and assume the full responsibility in the decision of each and every cause, demurrer, motion, and the like, coming before him for adjudication, as if he were the sole judge of said court. Two or more judges, by sitting together, cannot share or divide such responsibility. They cannot thus jointly hear and determine, and render a valid and binding judgment or order in any cause. People ex rel. Rucker v. District Court, 14 Colo. 396, 24 P. 260 (1890).

Purposes set forth in § 13-5-133 (3) do not include the hearing or determination of motions or the making of decisions, orders, decrees, or judgments in criminal or civil cases filed in the district court. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).