Becoming a Colorado Municipal Court Judge
| Publication year | 2017 |
| Pages | 20 |
YOU BE THE JUDGE
CYNTHIA D. MARES, J.
This series explores what it means to be a judge or justice at various levels of the state court system. Authors will share their personal journey to the bench and help others navigate their way to a judgeship.
This article explains the process for becoming a judge in the Colorado municipal court system. Specifically, I discuss (1) the Colorado municipal court system; (2) factors to consider before applying for a judgeship; (3) the application process; (4) the interview; and (5) the Judicial Performance Commission. This article is based on my personal experiences before and after my appointment as an associate judge in the Aurora Municipal Court. I share the factors I considered when deciding to apply for the position, what I learned about the court before and after applying for the judgeship, and what I believe helped me land this appointment. I also discuss the specific requirements for the position.
The Colorado Municipal Court System
Not all municipal courts are the same. Therefore, applicants should learn as much as possible about the municipal court to which they are applying. Most municipal courts, including Aurora Municipal Court, are part of the state court system and are courts of record that can impose up to one year in jail and/or a fine of up to $2,650 for all offenses.[1]All ordinance violations in municipal courts of record are subject to appellate review in the state district court.[2]
Generally, municipal court jurisdiction is limited to municipal ordinance cases (including traffic violations imposed under municipal ordinances rather than state statutes), which have maximum penalties similar to those of state law petty offenses.[3] A small number of Colorado municipal courts have been granted civil jurisdiction in certain ordinance cases, such as cases involving land use.[4]While municipal courts do not have statutory jurisdiction over other classes of cases, they do have inherent judicial powers related to the operation of the court, such as contempt of court powers.[5]
The Aurora Municipal Court system has jurisdiction over a unique breadth of cases. The Aurora Municipal Court handles certain cases occurring in Adams, Arapahoe, and Douglas counties that would normally be fled in the county courts, including assault, battery, menacing, motor vehicle theft, prostitution, various weapons charges, and motor vehicle trespass. Aurora Municipal Court also handles marijuana cases under Aurora’s zoning ordinances, which sometimes involves cases with over 400 marijuana plants or over 20 pounds of salable marijuana. Aurora, as a home rule city, is considering adding other charges as ordinance violations, such as driving under revocation.
The municipal court workload has increased because of recent developments in the law. As a result of O’Donnell v. Harris County,[6] the Aurora Municipal Court, like many other municipal courts in Colorado, has recently changed its procedure on bonds, requiring the court to conduct many more hearings with defense counsel present. Our court is now required to determine at a bond hearing whether there is an immediate safety concern for the victim and community and to find by clear and convincing evidence that requiring bail is necessary to ensure the defendant’s appearance in court or the safety of the community or victim.
The law has also changed regarding the sealing of both juvenile and adult records, imposing new responsibilities on municipal court judges. First, expungement is now required in all juvenile cases, not just those ending in dismissal or acquittal.[7] At sentencing, the municipal court must provide the juvenile and any respondent parent or guardian a written advisement of the right to expungement and the time period and process for...
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