Municipal Courts in Colorado: Practice and Procedure
| Publication year | 2009 |
| Pages | 39 |
2009, December, Pg. 39. Municipal Courts in Colorado: Practice and Procedure
December 2009
Vol. 38, No. 12 [Page 39]
Criminal Law articles are sponsored by the CBA Criminal Law Section and generally are written by prosecutors, defense lawyers, and judges to provide information about case law; legislation; and advocacy affecting the prosecution, defense, and administration of criminal cases in Colorado state and federal courts.
Coordinating Editor
Morris Hoffman, judge for the Second Judicial District Court, Denver
About the Author
Christopher D. Randall is Presiding Judge of the Wheat Ridge Municipal Court-"crandall@ci.wheatridge.co.us.
At some point in an attorney's career, he or she likely will have a question from a prospective client about a charge brought in municipal court. This article addresses the advantages, practices, and unique procedures of municipal courts in Colorado.
During their careers, most practitioners likely will have a prospective client with a case in municipal court. Many adults have their only contact with the judicial system through municipal court. Likewise, many juveniles who receive peace officers summons appear in municipal court.
Most municipal court charges are criminal in nature. Municipal courts have an advantage over other courts because of their simplicity in procedure and the reduction of expense and delay. Municipal courts are intended to be user-friendly for defendants and attorneys. Simple procedures, efficiency, and proximity to the police department also are considerations for law enforcement when choosing to write a summons to municipal court.
Many practitioners, perhaps because of the sheer number of municipal courts in Colorado and their geographical dispersal, may assume there are no unifying rules of practice and that each municipal court is its own realm. It is true there are many local differences, but there also are many practices common to all municipal courts. This article provides an overview of those practices, with suggestions to help lawyers navigate them.
Jurisdiction
Municipal courts are creatures of the municipal governing body. The municipal court hears and tries all alleged violations of ordinance provisions for that city. Article XX, § 6 of the Colorado Constitution allows municipalities to create municipal courts and to define their jurisdiction.
Article XX, § 6 also provides for what are called home rule cities. "Home rule" is defined as a state legislative provision that allocates autonomy to a local government. As of the 2000 census, every municipality in Colorado (except Centennial) with a population of more than 10,000 is home rule.(fn1) More than 90 percent of the state's population resides in home rule cities.(fn2) Colorado's version of home rule is quite strong, because the grant of autonomy to home rule municipalities is very broad.
Home rule provides authority and control over local matters.(fn3) Home rule cities can create courts and through those courts can exercise exclusive jurisdiction over a subject by passing an ordinance. The courts created by home rule cities are called municipal courts.(fn4) Except for a few notable exceptions, a home rule city's charter provisions and ordinances can supersede the state statutes that direct municipal courts.(fn5)
Including both statutory and home rule cities, there currently are 175 municipal courts in Colorado.(fn6) Over the last few years, municipal courts have increased in importance, in jurisdiction, and, for some cities, in the preference shown for them by law enforcement. In the past, municipal courts handled mostly traffic and minor criminal matters. Today, municipal courts handle much more: domestic violence, assault, prostitution, theft (including motor vehicle), zoning, land use, building code, juvenile, restraining order, real property nuisance and abatement, animal, and sales tax matters. Over the years, the filings for criminal cases have increased in many municipal courts.
Some municipal courts expend a sizeable portion of their dockets on domestic violence matters, and some courts handle domestic violence cases on a daily basis. These domestic cases have increased in seriousness and complexity over the past decade. Animal cases, particularly those involving aggressive, vicious, or dangerous dogs and specific breeds, take up an immoderate amount of docket time and have increased in public focus the past few years. Zoning, nuisance, and property abatement cases have become high priority for some cities.
Furthermore, the sentencing requirements in municipal court cases have gone beyond a small fine. Defendants often must complete numerous sentencing requirements, in addition to paying fines and/or going to jail. Restitution can be in the thousands of dollars. State-mandated domestic violence counseling can take several months and cost more than $1,000. Some convictions have immigration consequences. Many defendants must expend time and money to abate or repair real property.
Jurisdiction continues to expand. For example, the Colorado General Assembly expanded the jurisdiction over theft in 2007. A municipality has the concurrent power to prohibit theft where the value of the object involved is less than $1,000.(fn7) Before July 2007, the jurisdictional limit was $500.
Many convictions carry the loss of a driver's license-"for example, motor vehicle trespass, violation of the point system schedule, uninsured motorist, failure of a person under 21 to comply with court-ordered alcohol evaluations or treatment, and a second alcohol-related conviction for a person under 21.(fn8) The offender's driver's license is revoked pursuant to CRS § 42-2-125.
Municipal courts do not handle felonies, preliminary hearings, driving under the influence, or driving with a revoked driver's license. Municipal courts do hear matters that could be considered civil and quasi-civil in nature.
The Basics of Municipal Courts
Municipal courts sometimes are physically smaller than county or district courts; therefore, noise can be a problem and silence is appreciated. Most municipal courts in the larger cities are courts of record, and the court staff must keep a verbatim record of the proceedings.(fn9) Some smaller courts are not of record and do not electronically or stenographically record the proceedings.
As in any courtroom, practitioners should silence their cell phones and instruct clients to do the same. It is best not to bring food or beverages into the courtroom without the permission of court staff or the judge, and gum chewing is disfavored. Practitioners should be patient, cooperative, and courteous with court staff. The dress code is the same as for district court.
The volume of cases in municipal court can be high. Some courts will have dozens (perhaps hundreds) of cases on the docket. When checking in, a practitioner should inform court staff that he or she is an attorney. Many municipal judges will attempt to call a case with an attorney as soon as possible, and practitioners may be able to get to the head of the line by arriving ten or fifteen minutes early. Practitioners should contact the court if they anticipate being late.
A municipal judge is required to have the same qualifications as a county judge in a Class D county.(fn10) Most city charters require that the judge be a licensed attorney and have been in practice in Colorado for a number of years. Many municipal judges have been on the Bench for several years (or even decades); some previously were county or district court judges. Municipal judges are aware of the municipal rules, city ordinances, the rules of evidence, and the pertinent Colorado cases. Additionally, most municipal judges are very familiar with the businesses, streets, and...
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