Colorado § 13-6-208 - Special associate, associate, and assistant county judges.

§ 13-6-208. Special associate, associate, and assistant county judges.

(1) In order to provide for the expeditious handling of county court business and for county court sessions in population centers which are not county seats, there may be created in counties designated by law the positions of special associate county judge, associate county judge, and assistant county judge.

(2) Special associate, associate, and assistant county judges, when so provided by law, except in the city and county of Denver, shall be elected or appointed at the same time, in the same manner, and for the same term, and shall possess the same qualifications, as the county judges of their respective counties. Vacancies in positions for special associate, associate, and assistant county judges shall be filled in the same manner as a vacancy in the office of county judge.

(3) The location of the official residence and court chambers for the purpose of holding court of special associate, associate, and assistant county judges shall be as prescribed by law. Travel and maintenance expenses shall be allowed special associate, associate, and assistant county judges only when they are performing official duties outside of their official places of residence.

(4) Special associate, associate, and assistant county judges when actually performing judicial duties shall have all the jurisdiction and power of a county judge, and their orders and judgments shall be those of the county court.

(5) Repealed.

(6) Special associate, associate, and assistant county judges in counties of Classes B, C, and D, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court, and may serve as municipal judges.

Source: L. 64: p. 414, § 14. C.R.S. 1963: § 37-14-8. L. 67: p. 457, § 11. L. 71: p. 370, § 1. L. 80: (5) repealed, p. 578, § 8, effective July 1.

ANNOTATION

This statute does not purport to create a new court. Rather, it creates two new judicial positions, namely, that of associate county judge and assistant county judge. Sanders v. District Court, 166 Colo. 455, 444 P.2d 645 (1968).

The only difference between an associate or assistant county judge and a county judge relates to the emoluments which go with the respective judicial offices. Sanders v. District Court, 166 Colo. 455, 444 P.2d 645 (1968).

The jurisdiction and power of an associate or an assistant county judge is coequal with that of a full-fledged county judge. Sanders v. District Court, 166 Colo. 455, 444 P.2d 645 (1968).

Associate and assistant judges are part-time. Though the statute is silent on the matter, the general assembly must have intended that an associate county judge would perform, volumewise at least, about one-half the amount of work customarily performed by the county judge and the assistant county judge about one-fourth. Associate and assistant county judges are "part-time" — not "full-time" — county judges, even though under the statute they have all of the jurisdiction and power of a county judge. Sanders v. District Court, 166 Colo. 455, 444 P.2d 645 (1968).

Judge may sit in population centers other than the county seat. One purpose of the statute creating associate county judges is to locate judicial officers with the power and jurisdiction of a county judge in population centers which are not county seats. This is not special or local legislation of the type prohibited by our constitution, which prohibitions relate essentially to the organization, jurisdiction and practice of and in a given court, and not to the number or titles of judicial officers, who are authorized to preside in a particular court. Sanders v. District Court, 166 Colo. 455, 444 P.2d 645 (1968).