Colorado § 13-6-501 - County court magistrates - qualifications - duties.

§ 13-6-501. County court magistrates - qualifications - duties.

(1) In Class A counties, as defined in section 13-6-201, county court magistrates may be appointed by the presiding judge.

(2) In Class B counties, as defined in section 13-6-201, county court magistrates may be appointed pursuant to section 13-3-105, if approved by the chief justice.

(3) Any county court magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado and in good standing; except that a county court magistrate who hears only class A and class B traffic infraction matters need not be an attorney-at-law and except that any duly appointed county judge may act as a traffic magistrate regardless of whether he is an attorney-at-law.

(4) Subject to the provision that no magistrate may preside in any trial by jury, county court magistrates have power to hear the following matters:

(a) Class 2 misdemeanor traffic offenses and class A and class B traffic infractions, as defined in section 42-4-1701, C.R.S.;

(a.5) Civil infractions, as described in section 16-2.3-101;

(b) Such other matters as determined by rule of the supreme court.

(4.5) County court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.

(4.7) County court magistrates shall have the power to preside over matters specified in section 13-17.5-105.

(5) Except in class A and class B traffic infraction matters and civil infraction matters, before a county court magistrate may hear any matter, all parties shall have waived, on the record, their right to proceed before a county judge. If any party fails to waive such right, or objects to the magistrate, that party's case must be rereferred to a county judge.

(6) Magistrates, when handling county court matters, class A and class B traffic infraction matters, and civil infraction matters, and where the parties to such proceedings, other than traffic infraction matters, have waived their right to proceed before a county judge, have all the jurisdiction and power of a county judge, and their orders and judgments are those of the county court.

(7) Procedure in matters heard by a county court magistrate shall be determined by statute and by rules promulgated by the supreme court and by local rules.

(8) The duties, qualifications, compensation, conditions of employment, and other administrative details concerning magistrates who hear traffic infraction matters and civil infraction matters not set forth in this part 5 are established pursuant to section 13-3-105.

(9) The supreme court shall adopt such rules and regulations as it deems necessary or proper to carry out the provisions of this part 5 relating to traffic infraction matters and civil infraction matters, including, but not limited to, procedural matters.

(10) Existing space provided by a county, including already existing courtroom and administrative space, shall be used to the maximum extent possible for hearings on traffic infraction matters.

(11) Before any county court magistrate is appointed pursuant to the provisions of this part 5, the judicial department shall consult with the board of county commissioners of the affected county or counties regarding any additional space or facilities that may be required. All feasible alternatives shall be considered and the least costly alternative shall be accepted by the department whenever practicable.

Source: L. 77: Entire part added, p. 791, § 1, effective January 1, 1978. L. 82: (3), (4)(a), (5), and (6) amended and (8) to (11) added, p. 653, § 1, effective January 1, 1983. L. 83: (3) amended, p. 602, § 2, effective July 1. L. 87: (4)(a) amended, p. 1495, § 1, effective July 1. L. 89: (4.5) added, p. 782, § 5, effective April 4. L. 91: Entire section amended, p. 357, § 13, effective April 9. L. 94: (4)(a) amended, p. 2549, § 31, effective January 1, 1995. L. 95: (4.7) added, p. 480, § 3, effective July 1. L. 2022: IP(4), (5), (6), (8) and (9) amended and (4)(a.5) added, (HB 22-1229), ch. 68, p. 339, § 4, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsections IP(4), (5), (6), (8), and (9) and adding subsection (4)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

ANNOTATION

Salutary purposes of informal traffic infraction hearings would be frustrated if collateral estoppel were to be applied so as to limit a full and fair consideration of the issue in a criminal trial. Williamsen v. People, 735 P.2d 176 (Colo. 1987).

Magistrates exercise authority only at the discretion of the judges who appoint them. Therefore no impropriety in the provision of a court memorandum prohibiting magistrates from conducting bond hearings. Wiegand v. Larimer County Court Magistrate, 937 P.2d 880 (Colo. App. 1996).