Colorado § 13-5-133 - Judges may sit en banc - purpose - rules.

§ 13-5-133. Judges may sit en banc - purpose - rules.

(1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions of section 13-3-105, and other ministerial duties, subject to the administrative powers delegated to the chief judge by the chief justice of the supreme court pursuant to section 5 (4) of article VI of the state constitution.

(2) Subject to the approval of the chief justice of the supreme court, a district court sitting en banc may make rules:

(a) To facilitate the transaction of business in the courts held by the judges sitting separately; and

(b) To provide for the classification, arrangement, and distribution of the business of the court among the several judges thereof.

(3) Judges of a district court in districts having more than one judge may sit en banc only for the purposes enumerated in this section, and the court so sitting en banc shall have no power to review any order, decision, or proceeding of the court held by any judge sitting separately.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-40. L. 69: p. 250, § 9.

ANNOTATION

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

Section has same meaning as its predecessor statute and therefore the same interpretation for them is adopted. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

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 a determination by a multi-judge panel. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

In this state two or more district judges cannot lawfully sit and act together as a district court except as they sit en banc for the purposes specified in this section. People ex rel. Rucker v. District Court, 14 Colo. 396, 24 P. 260 (1890) (decided under repealed laws antecedent to CSA, C. 46, § 109).

Purposes set forth in subsection (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).