CHAPTER 35 COLORADO RULES FOR MAGISTRATES
| Jurisdiction | Colorado |
Rule 1. Scope and Purpose
Rule 2. Application
Rule 3. Definitions
Rule 4. Qualifications, Appointment, Evaluation and Discipline
Rule 5. General Provisions
Rule 6. Functions of District Court Magistrates
Rule 7. Review of District Court Magistrates Orders or Judgments
Rule 8. Functions of County Court Magistrates
Rule 9. Review of County Court and Small Claims Court Magistrate Orders or Judgments
Rule 10. Preparation, Use, and Retention of Record
Rule 11. Title of Rules and Abbreviation
Editor's note: Amendments made to the Colorado Rules for Referees, effective January 1, 1989, resulted in renumbering and retitling for rules 4 through 12. Amendments to these rules, effective September 12, 1991, resulted in retitling of chapter and retitling of rules 5 through 10 and rule 13.
These rules are designed to govern the selection, assignment and conduct of magistrates in civil and criminal proceedings in the Colorado court system. Although magistrates may perform functions which judges also perform, a magistrate at all times is subject to the direction and supervision of the chief judge or presiding judge.
Source: Entire chapter amended June 16, 1988, effective January 1, 1989; entire rule amended and effective September 12, 1991; entire chapter amended September 30, 1999, effective January 1, 2000.
Magistrates exercise authority only at the discretion of the judges who appoint them. Therefore no impropriety in the provision of a court memorandum prohibiting magistrates from conducting bond hearings. Wiegand v. Larimer County Court Magistrate, 937 P.2d 880 (Colo. App. 1996).
These rules apply to all proceedings conducted by magistrates in district courts, county courts, small claims courts, Denver Juvenile Court and Denver Probate Court, as authorized by law, except for proceedings conducted by water referees, as defined in Title 37, Article 92, C.R.S., and proceedings conducted by masters governed by C.R.C.P. 53.
Source: Entire chapter amended June 16, 1988, effective January 1, 1989; entire rule amended and effective September 12, 1991; entire chapter amended September 30, 1999, effective January 1, 2000.
When magistrates act in probate matters. The powers of magistrates and appellate review of their orders are governed, in the first instance, by these rules. When magistrates are acting in probate matters, their powers are additionally controlled by the Colorado Rules of Probate Procedure. Estate of Jordan v. Estate of Jordan, 899 P.2d 350 (Colo. App. 1995).
When magistrates act in juvenile matters. The procedural powers of a juvenile court after reviewing a juvenile magistrate's findings are governed by these rules and by relevant provisions of the Children's Code. People in Interest of R.A., 937 P.2d 731 (Colo. 1997).
The following definitions shall apply:
(a) Magistrate: Any person other than a judge authorized by statute or by these rules to enter orders or judgments in judicial proceedings.
(b) Chief Judge: The chief judge of a judicial district.
(c) Presiding Judge: The presiding judge of the Denver Juvenile Court, the Denver Probate Court, or the Denver County Court.
(d) Reviewing Judge: A judge designated by a chief judge or a presiding judge to review the orders or judgments of magistrates in proceedings to which the Rules for Magistrates apply.
(e) Order or Judgment: All rulings, decrees or other decisions of a judge or a magistrate made in the course of judicial proceedings.
(f) Consent:
(1) Consent in District Court:
(A) For the purposes of the rules, where consent is necessary a party is deemed to have consented to a proceeding before a magistrate if:
(i) The party has affirmatively consented in writing or on the record; or
(ii) The party has been provided notice of the referral, setting, or hearing of a proceeding before a magistrate and failed to file a written objection within 14 days of such notice; or
(iii) The party failed to appear at a proceeding after having been provided notice of that proceeding.
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.
(2) Consent in County Court:
(A) When the exercise of authority by a magistrate in any proceeding is statutorily conditioned upon a waiver of a party pursuant to C.R.S. section 13-6-501, such waiver shall be executed in writing or given orally in open court by the party or the party's attorney of record, and shall state specifically that the party has waived the right to proceed before a judge and shall be filed with the court.
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.
(3) Consent in Small Claims Court:
(A) A party will be deemed to accept the jurisdiction of the Small Claims Court unless the party objects pursuant to C.R.S. section 13-6-405 and C.R.C.P. 511(b).
(B) Once given, a party's consent to a magistrate in a proceeding may not be withdrawn.
Source: Entire chapter amended June 16, 1988, effective January 1, 1989; (a), (d), and (e) amended and effective September 12, 1991; entire chapter amended September 30, 1999, effective January 1, 2000; entire rule amended and adopted May 12, 2005, effective July 1, 2005; (f)(1)(A)(ii) amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1(b).
The following rules shall apply to all magistrates and proceedings before magistrates:
(a) To be appointed, a magistrate must be a licensed Colorado attorney with at least five years of experience, except in Class "C" or "D" counties the chief judge shall have the discretion to appoint a qualified licensed attorney with less than 5 years experience to perform all magistrate functions.
(b) All magistrates shall be attorneys-at-law licensed to practice law in the State of Colorado, except that in the following circumstances a magistrate need not be an attorney:
(1) A magistrate appointed to hear only Class A and Class B traffic infractions in a county court;
(2) A county court judge authorized to act as a magistrate in a small claims court;
(3) A county court judge authorized to act as a county court magistrate.
(c) All magistrates shall be appointed, evaluated, retained, discharged, and disciplined, if necessary, by the chief or presiding judge of the district, with the concurrence of the chief justice.
(d) Any person appointed pursuant to these rules as a district court, county court, probate court, juvenile court, or small claims court magistrate may, if qualified, and in the discretion of the chief or presiding judge, exercise any of the magistrate functions authorized by these rules.
Source: Entire chapter amended June 16, 1988, effective January 1, 1989; entire rule amended and effective September 12, 1991; entire chapter amended September 30, 1999, effective January 1, 2000.
(a) An order or judgment of a magistrate in any judicial proceeding shall be effective upon the date of the order or judgment and shall remain in effect pending review by a reviewing judge unless stayed by the magistrate or by the reviewing judge. Except for correction of clerical errors pursuant to C.R.C.P. 60(a), a magistrate has no authority to consider a petition for rehearing.
(b) A magistrate may issue citations for contempt, conduct contempt proceedings, and enter orders for contempt for conduct occurring either in the presence or out of the presence of the magistrate, in any civil or criminal matter, without consent. Any order of a magistrate finding a person in contempt shall upon request be reviewed in accordance with the procedures for review set forth in rule 7 or rule 9 herein.
(c) A magistrate shall have the power to issue bench warrants for the arrest of non-appearing persons, to set bonds in connection therewith...
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