New Colorado Rules for Referees: Effective July 1, 1985
| Publication year | 1985 |
| Pages | 967 |
| Citation | Vol. 14 No. 6 Pg. 967 |
1985, June, Pg. 967. New Colorado Rules for Referees: Effective July 1, 1985
The Supreme Court of Colorado recently completed an eighteen-month study to develop rules for referees in accordance with the authority provided in sections 13-5-201(3) and 13-6-501(7), 6 C.R.S. (1984 Supp.), and the general rule-making power described in section 13-2-110, 6 C.R.S. (1973). The outcome of the study is a new and comprehensive set of rules for referees. Therefore, pursuant to the statutory authority described herein and article VI, section 21, of the Colorado Constitution, the Court hereby adopts the attached Colorado Rules for Referees which shall govern the use of and procedures before referees within the state judicial system.
Adopted by the Court, En Bane, this 25th day of April, 1985, effective July 1, 1985.
By the Court:
Luis D. Rovira, Chairman Court Rules Committee
These rules are designed to govern the selection, assignment and conduct of referees in civil and criminal proceedings in the Colorado court system. Although referees may perform functions which judges also perform, a referee at all times is subject to the direction and supervision of the chief judge or presiding judge by whom the referee has been appointed.
These rules apply to all proceedings conducted by referees in district courts, county courts, small claims courts, Denver Juvenile Court and Denver Probate Court, as authorized by law, except for proceedings conducted by water referees, as defined in Title 37, Article 92, C.R.S., and proceedings conducted by masters governed by C.R.C.P. 53.
The following definitions shall apply:
(a) "Referee" means any person other than a judge authorized by statute or by these rules to enter orders or judgments in judicial proceedings. The term includes the titles "referee" and "commissioner" as defined by statute.
(b) "Chief Judge" means the chief judge of a judicial district.
(c) "Presiding Judge" means the presiding judge of the Denver Juvenile Court, the Denver Probate Court, or a county court, as the case may be.
(d) "Reviewing Judge" means a judge designated by a chief judge or a presiding judge to review the orders or judgments of referees in proceedings to which the Rules for Referees apply.
(e) "Order or Judgment" includes all rulings, decrees or other decisions of a judge or a referee in the course of judicial proceedings.
The following rules shall apply to all referees and proceedings before referees:
(a) A referee shall be an attorney at law licensed to practice law in the State of Colorado, except that in the following circumstances a referee need not be an attorney:
(1) a referee appointed to hear only Class A and Class B traffic infractions in a county court;
(2) a non-lawyer county judge authorized by statute to act as a county court referee or a juvenile court commissioner,
(3) a non-lawyer county judge performing as a referee in a small claims court.
(b) Any person appointed as a district court, county court, probate court or small claims court referee, or juvenile court commissioner, may, if qualified, exercise any of the referee functions authorized by these rules.
(c) When the exercise of authority by a referee in any proceeding is conditioned upon the consent of a party, such consent shall be executed by the party or the party's attorney of...
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