Prosecution of Juveniles in Colorado Municipal Courts
| Publication year | 1992 |
| Pages | 1151 |
| Citation | Vol. 21 No. 6 Pg. 1151 |
1992, June, Pg. 1151. Prosecution of Juveniles in Colorado Municipal Courts
The recent Colorado Supreme Court decision in R.E.N. v. City of Colorado Springs(fn1) will have a major effect on the prosecution of juveniles in Colorado municipal courts. This article discusses the juvenile jurisdiction of Colorado municipal courts, the constitutional issues affecting that jurisdiction and the effect of R.E.N.
Colorado municipal courts may exercise two types of jurisdiction over juveniles. First, as in county court, municipal courts may exercise jurisdiction over juveniles for any traffic offense.(fn2) Second, municipal courts may exercise jurisdiction over juveniles for violation of any nontraffic city ordinance where the punishment for that violation does not include incarceration.(fn3) This municipal jurisdiction is not in conflict with or in derogation of the juvenile court's exclusive jurisdiction but, rather, is an express exception to it.
Municipal court juvenile jurisdiction over nontraffic ordinance violations in cases where no jail may be imposed was expressly upheld by the Colorado Court of Appeals in Wigent v. Shinsato.(fn4) In Wigent, the juvenile defendant was convicted of shoplifting in violation of a Northglenn city ordinance. The possible penalties for that violation did not include incarceration. The defendant argued that the juvenile court retained exclusive jurisdiction over him as a juvenile offender. The Court of Appeals rejected this argument, citing the statutory exception to the juvenile court's exclusive jurisdiction.(fn5) The court further held that the mere fact that the offense could have been charged into juvenile court did not deprive the municipal court of jurisdiction.
The power of municipal courts to punish juveniles is limited. In traffic cases, the municipal courts have jurisdiction to impose a jail sentence, as do the county courts. However, state law prohibits municipal courts from imposing incarceration on a juvenile except for contempt.(fn6) In nontraffic cases, the municipal courts lose jurisdiction if jail is even a possible sentence. Thus, incarceration of juveniles is rarely available in municipal court.
The municipal courts may impose fines, public service, probation with all of its requirements and restitution.(fn7) If the juvenile commits a direct contempt or willfully fails to comply with the court's order to pay a fine, provide restitution, perform public service or other orders, the municipal court may hold the juvenile in contempt(fn8) of court and place him or her in a juvenile detention facility for up to forty-eight hours.(fn9) Some municipal courts have interpreted this statute to mean forty-eight hours per count of contempt and have imposed multiple consecutive forty-eight-hour terms.(fn10)
The Colorado Children's Code establishes a special set of rights and procedures for prosecuting juveniles in juvenile court. These procedures include: the right to court-appointed counsel, even where no jail sentence may be imposed;(fn11) expungement of records;(fn12) suppression of custodial statements taken in the absence of a parent or guardian;(fn13) an advisement of rights printed on the summons;(fn14) and use of initials in lieu of name on all pleadings.(fn15) The procedures also allow for closed hearings where this is in the best interests of the juvenile;(fn16) separate hearings from adult criminal matters;(fn17) a bar to public inspection of juvenile records;(fn18) a statutory disclaimer of any civil disability from the conviction;(fn19) and a social study of the child's home, school and social environment before sentencing.(fn20)
Application of these rights to juveniles prosecuted outside juvenile court has been controversial. However, it now appears settled that the special rights and procedures of the Children's Code do not apply to juveniles prosecuted in either county court(fn21) or municipal court.(fn22)
Thus, municipal courts now have a number of procedural options in this area. The municipal court may choose to: (1) adopt the Children's Code; (2) provide the substantial equivalent of such rights; (3) provide none of the special rights created by the Children's Code and prosecute juveniles in accordance with adult criminal procedures; or (4) forego juvenile jurisdiction entirely and cite all juveniles into juvenile court.
Most municipal courts in Colorado have chosen to prosecute juveniles as adults without the special rights and protections of the Children's Code, but with some minor procedural modification, such as requiring the attendance of the parent or guardian. As a result, juveniles charged into most Colorado municipal courts do not enjoy many of the rights they would enjoy in juvenile court, even when charged with a municipal offense that is identical to a state offense. This disparate treatment has led to a number of constitutional challenges to the prosecution of juveniles in municipal court, as discussed in the following sections.
Denial of the juvenile's special rights under the Children's Code often is assailed as a violation of due process. Arguably, the juvenile is deprived of a right to be prosecuted as a juvenile under the Children's Code.
The Colorado appellate courts never have faced this issue directly. However, case law from other jurisdictions is clear that juveniles do not have a...
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