Practical Tips for Municipal Court Practice

• Publication year: 1999
• Pages: 35
• Citation: Vol. 28 No. 5 Pg. 35

28 Colo.Law. 35 Colorado Lawyer 1999.

1999, June, Pg. 35. Practical Tips for Municipal Court Practice

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35

Vol. 28, No. 5, Pg. 35

The Colorado Lawyer
June 1999
Vol. 28, No. 6 [Page 35]

Departments
Judges' Corner
Practical Tips for Municipal Court Practice
by Colleen D. Truden

This morning a client asks you for help with a municipal court charge. You have never ventured into a municipal courtroom. You contemplate, "What do I do?" You want to assist your client. Municipal court resembles other courts, but you need to be aware that there may be significant differences. Most difficulty arises from oversight or unfamiliarity. If in unfamiliar territory, as with any court, you must make an effort to investigate proper procedures before embarking unabashedly. Here are some simple "how to" hints for making a municipal court experience less stressful

1. Know the Court's Authority

Municipal courts derive their primary authority from many sources, including the United States Constitution,1 Colorado Constitution,2 Colorado statutes,3 Colorado SSupreme Court Rules,4 and case decisions. For the practitioner, perhaps the most unfamiliar sources are the city charter or other appropriate originating document, city or town ordinances and the court's own administrative or local rules. Ask yourself whether the court in which you are appearing is a Court of Record or a Court Not of Record. There are several substantive differences (for example, see paragraph 12 below).

2. Court Sessions

Not all municipal courts operate full-time. Large municipalities generally hold court daily, using several judges. However, smaller communities operate quite differently. Learning when the court is in session can save time and effort, because hours may be limited, both during the day and evening. Consequently, access to court staff may be limited. A city or town clerk often may serve as court clerk also. Likewise, the prosecutor may not be available during court sessions, so plan accordingly. In many communities, the prosecutor and judge may be serving part-time. A prosecutor may or may not be available to discuss your case other than during court sessions. It is advisable to check with the clerk about the judge's or prosecutor's practice of accepting court-related telephone calls or interruptions in his or her private practice office. In addition, remember all standard admonitions about ex parte communications regarding your case.

3. Read the Rules

The Colorado Supreme Court has adopted the Colorado Municipal Court Rules of Procedure ("C.M.C.R."), which govern the operations and conduct of all municipal courts in Colorado.5 The municipal court also...