Chapter 2 - § 2.1 • COURT OF APPEALS

• Jurisdiction: Colorado

§ 2.1 • COURT OF APPEALS

Article VI of the Colorado Constitution establishes the general jurisdiction of the Colorado Supreme Court. That constitutional provision also authorizes the Colorado General Assembly to establish other courts with such inferior jurisdiction as the General Assembly may grant. The jurisdiction of the Colorado Court of Appeals, therefore, is prescribed by statute. See generally C.R.S. § 13-4-102; In re Constitutionality of Court of Appeals, 15 Colo. 578, 26 P. 214 (1890).

§ 2.1.1—Final Judgments

Under C.R.S. § 13-4-102, the Colorado Court of Appeals has initial appellate jurisdiction over all final judgments entered by all district courts in the state, the Probate Court of the City and County of Denver, and the Juvenile Court of the City and County of Denver, except in cases:

1) In which a statute, a municipal charter provision, or an ordinance has been declared unconstitutional by the trial court. This limitation upon the court's jurisdiction does not limit its authority to review the constitutionality of administrative orders or directives of non-judicial bodies. See Indus. Comm'n of Colo. v. Bd. of County Comm'rs, 690 P.2d 839, 844 (Colo. 1984); Casados v. Denver, 832 P.2d 1048 (Colo. App. 1992), rev'd on other grounds, 862 P.2d 908 (Colo. 1993). Likewise, the court may review a claim that a statute, a municipal charter provision, or an ordinance is unconstitutional if the trial court has upheld its validity. Nothing in this restriction prevents the court from passing upon other constitutional claims;
2) Concerned with the decisions or actions of the Colorado Public Utilities Commission;
3) Involving water adjudications or priorities;
4) Involving writs of habeas corpus;
5) Appealed from the county court to the district court, as provided in C.R.S. § 13-6-310, except if the appeal to the district court from the county court resulted in a trial de novo in the district court, the court of appeals has jurisdiction to review the district court's judgment. Bovard v. People, 99 P.3d 585, 591 (Colo. 2004);
6) That are summary proceedings involving state or local elections, initiated under C.R.S. Title 1, Articles 1 through 13.5, or C.R.S. Title 31, Article 10; but see Zivian v. Brooke-Hitching, 28 P.3d 970, 972-73 (Colo. App. 2001) (if supreme court refuses to grant a petition for review under C.R.S. § 31-10-1305, court of appeals has jurisdiction to review judgment of district court); Brown v. Davidson, 192 P.3d 415, 418-19 (Colo. App.

...