County Court
Local Rules
S U P R E M E C O U R T O F C O L O R A D O
OFFICE OF THE CHIEF JUSTICE
O R D E R
APPROVING LOCAL RULES FOR THE DENVER COUNTY COURT
WHEREAS, each court by action of a majority of its judges may from time to time propose local rules and amendments of local rules not inconsistent with the Colorado Rules of Civil Procedure or Practice Standards set forth in C.R.C.P. 121©, nor inconsistent with any directive of the Supreme Court; and
WHEREAS, it appears to be in the best interests of the Judicial Branch and the citizens of the State of Colorado to promulgate local rules for the Denver County Court;
NOW THEREFORE, the Chief Justice hereby approves the appended Local Rules, effective upon the date of signature of this Order.
DATED this 19th day of December 1995.
(Signed)
SUPREME COURT
Anthony F. Vollack
LOCAL RULES OF THE COUNTY COURT
OF THE
CITY AND COUNTY OF DENVER
_________________________________________________________________
|
RULE |
TITLE |
RULE |
TITLE |
|
1. |
Assignment of Judicial Business |
14. |
First Hearing |
|
2. |
Term of Court |
15. |
Discovery |
|
3. |
Presiding Judge |
16. |
Subpoena |
|
4. |
En Banc Sessions |
17. |
Dismissal Before Final Hearing |
|
5. |
Adoption and Amendment of Rules |
18. |
Final Hearing |
|
6. |
Matters Taken Under Advisement |
19. |
Judgment After Final Hearing |
|
7. |
Setting Aside Judgment, Decree |
20. |
Post Hearing Motions and Appeal |
| Â |
or Order |
21. |
Venue |
|
8. |
Magistrates |
22. |
Continuances |
|
9. |
Scope and Purpose |
23. |
Default |
|
10. |
Application |
24. |
Effective Date |
|
11. |
Definitions |
25. |
Title |
|
12. |
Commencement of Action |
Form A |
Waiver of Rights and Admission of Guilt or Liability |
|
13. |
Payment Before Appearance |
Form B |
Subpoena by First-class Mail |
_________________________________________________________________
These rules shall govern the administration and procedure of the Denver County Court where not otherwise specifically provided by statute, rules of the Colorado Supreme Court, or the charter and ordinances of the City and County of Denver. These rules are intended to provide for the efficient administration and just determination of all Denver County Court matters and cases. They shall be construed to secure fairness in administration and simplicity in procedure. If there should be any conflict between these rules and rules heretofore or hereafter issued by the Colorado Supreme Court, the Supreme Court rules shall govern.
Section I. General Rules
RULE 1 - Assignment of Judicial Business
1.1 Pursuant to Section A13.11 of the Denver Charter, the presiding judge shall duly assign each of the judges of the Denver County Court to a designated division and courtroom or to a roving judge assignment. Depending upon the particular courtroom to which assigned, a judge may be simultaneously assigned to more than one division. Notwithstanding any division, courtroom or roving assignment, the presiding judge may assign or reassign any particular case or delegate any particular judicial business to any judge. The judicial business of a judge includes attending en banc or other meetings called for the purpose of discussing the business of the court.
RULE 2 -Term of Court
2.1 There shall be one term of court each year, which shall correspond with the calendar year.
RULE 3 - Presiding Judge
3.1 The presiding judge shall have such duties as are set forth in the charter and ordinances of the City and County of Denver.
3.2 In the absence of the presiding judge, his or her duties shall be performed by the judge designated by the presiding judge to be the acting presiding judge. If the presiding judge fails to thus designate, then the senior county judge shall be the acting presiding judge.
RULE 4 - En Banc Sessions
4.1 A majority of all judges of the Denver County Court shall constitute a quorum for the convening of and transaction of business at an en banc session.
4.2 Except as provided in Rule 5, all matters requiring a vote shall be determined by a majority vote of the, judges present at an en banc session.
RULE 5 -Adoption and Amendment of Rules
5.1 A majority vote of all judges of the Denver County Court shall be required for the enactment of and subsequent amendments to these rules.
5.2 Pursuant to Crim. P.57, C.M.C.R.257, and C.R.C.P.383, these rules and subsequent amendments thereto shall be lodged for approval by the Supreme Court through the office of the Judicial Administrator. Thereafter, when duly adopted on a date certain, the Denver County Court Administrator shall promptly publish these rules and make copies thereof available to the public.
RULE 6 - Matters Taken Under Advisement
6.1 Every case, motion or other matter taken under advisement by any judge shall be determined by said judge no later than sixty days thereafter.
RULE7-Setting Aside Judgment, Decree or Order
7.1 Subject to the provisions of this rule, a judge shall not have the power to vacate or modify a judgment, decree or order of another judge who is still in office.
7.2 After a judge has been reassigned to another division of the court, an order of the first judge entered prior to the reassignment may be vacated or modified by the second judge under the following circumstances-
(1) the original order was interlocutory in nature,
(2) the first judge would have had the power to vacate or modify the original order, and
(3) failure to vacate or modify the original order would, in the judgment of the second judge, constitute an abuse of discretion.
7.3 Unless a judge imposing a sentence is otherwise "unavailable" as determined by the presiding judge, all motions relating to the correction of an illegal sentence, the reduction or reconsideration of a sentence, the vacating of a conviction, or the release of a prisoner shall be heard by the original sentencing judge.
7.4 A judge may vacate a bench warrant issued by or modify the amount of bail or conditions of bond set by a second judge where the second judge is reassigned to another division of the court, the second judge is otherwise unavailable as determined by the presiding judge, or the case is reassigned to another judge.
7.5 After a judge has placed a defendant on probation or deferred judgment status and is thereafter reassigned to another division of the court, a petition to revoke the probation or deferred judgment may be heard by another judge. This provision is subject to the right of the original sentencing judge to retain continuing jurisdiction over a defendant by placing an appropriate order on the court file.
RULE 8 - Magistrates
8.1 Any act required, permitted or authorized in these rules to be performed by a "judge," "county judge," "court," "trial court," or "county court," excepting those acts set forth in Rules 3, 4, 5 and 15 hereof, and except as may be otherwise prohibited, limited or conditioned by applicable statute, rule, charter or ordinance, may be performed by a magistrate of the Denver County Court.
SECTION II. Resolution of Municipal Ordinance Non-criminal Infractions
Findings:
WHEREAS, violations of the ordinances of home-rule municipalities are criminal and punishable as such where a violation of a counterpart state statute is criminal in nature, as provided by Article XX, Section 6, of the Colorado Constitution; and,
WHEREAS, the City Council for the City and County of Denver has legislated certain matters for which there is no counterpart state criminal statute, but rather any counterparts that do exist are civil infraction in nature with special procedures recognizing the unique nature of such matters; and
WHEREAS, the General Assembly has recognized the authority of municipalities to create a similar system of civil infractions regarding violations of municipal ordinances where there are no counterpart criminal statutes; and
WHEREAS, the Colorado Supreme Court, pursuant to its general rule-making authority and a special statutory mandate, has promulgated rules governing the practice and procedure for the adjudication of these civil infractions which only apply to the violation of statutory infractions, but not to municipal ordinance civil infractions; and
WHEREAS, it is appropriate to have rules of practice and procedure governing the adjudication of such municipal civil infractions which recognize the unique nature of such violations and which conform as nearly as possible to the rules promulgated by the Colorado Supreme Court for adjudication of state infraction matters, differing only so as to recognize the distinction between municipal and state jurisdictions;
NOW THEREFORE, the Judges of the Denver County Court sitting en banc, hereby adopt and promulgate the following rules for the adjudication of charged violations of municipal ordinances which are non-criminal civil infractions, subject to the approval of the Colorado Supreme Court pursuant to Rule 257, C.M.C.R.
RULE 9 -Scope and Purpose
9.1 These rules are promulgated pursuant to section l4-48 of the Denver Revised Municipal Code and govern practice and procedures for the handling of non-criminal infractions, which are defined as civil offenses in section 1-1 3 of the Denver Revised Municipal Code. The purpose of these rules is to provide for the orderly, expeditious, and fair disposition of this class of offenses. For this purpose, the rules apply concepts of both civil and criminal law, as deemed appropriate, to establish informal hearing procedures in any county court.
RULE 10-Application
10.1 These rules apply to actions in which only the commission of non-criminal infractions are charged. In any action in which the commission of an infraction and a criminal offense are alleged in one complaint, all charges shall be returnable and the action shall be treated as one proceeding governed by the rules, statutes and ordinances applicable to the alleged criminal offense.
RULE 11 -Definitions
11.1 The following definitions shall apply in these rules:
(1) "Answer" means a defendant's admission or denial of guilt or liability.
(2) "Charging document" means the document commencing or initiating the infraction matter. whether denoted as a complaint, summons and complaint, citation, penalty assessment notice, or other document charging the person with the commission of an infraction or infractions.
(3) "Defendant" means any person charged with the commission of an infraction, including but not limited to the following terms used in the implementing legislation: "cited person," "cited party," "individual," "person charged with a violation," "violator," or "accused."
(4) "Docket fee" means a fee assessed according to the provisions of section 14-40, D.RM.C.
(5) "Judgment" means the admission of guilt or liability for any infraction, the entry of judgment of guilt or liability, or the entry of default judgment against any person for the commission of an infraction.
(6) "Officer" means a law enforcement agent who makes the allegation in a charging document under these rules.
(7) "Penalty" means a fine pursuant to the chapter of the Denver Revised Municipal Code defining the infraction.
(8) "Magistrate" means any person appointed as a magistrate under section 14-108, D.R.M.C. and any judge acting as a magistrate to hear infractions.
RULE 12 - Commencement of Action
12.1 An action under these rules is commenced by the tender or service of a charging document upon a defendant and by filing of a charging document with the court.
RULE 13 - Payment Before Appearance
13.1 The clerk of court shall accept payment of a penalty assessment notice and a docket fee by a defendant without an appearance before the magistrate, if payment is made within the period ending not less than 10 days before the date of next hearing set out in the penalty assessment notice.
13.2 At the time of payment, the defendant shall sign a waiver of rights and acknowledgment of guilt or liability form, substantially conforming to Form A in the appendix to these rules.
13.3 This procedure shall constitute an entry and satisfaction of judgment.
13.4 If the defendant denies the allegations and establishes a final hearing as provided in Rule 14.7 but decides, before the final hearing that the defendant wishes to admit the allegations, the clerk may accept payment as provided in the preceding subsections above, and the clerk shall notify the officers and any witnesses subpoenaed at the officer's request. The defendant shall be responsible for notifying any witnesses subpoenaed at the defendant's request.
RULE 14- First Hearing
14.1 At any time before the scheduled first hearing, defendants desiring to deny guilt or liability may appear before the clerk of the court for informal first hearing and setting according to the provisions of Rule 210(b)(1) C.M.C.R., so long as the defendant executes a written advisal complying with the provisions of Rule 14.4.
14.2 If the defendant has not previously acknowledged guilt or liability and satisfied the judgment pursuant to Rule 13, or denied liability pursuant to Rule 14.1, the defendant shall appear before the magistrate at the time scheduled for first hearing.
14.3 The defendant may appear in person or by counsel, who shall enter appearance in the case, providing, however, if an admission of guilt or liability is entered, the magistrate may require the presence of the defendant for the assessment of the penalty.
14.4 If the defendant appears in person, the magistrate shall advise the defendant in open court of the following:
(1) The nature of the infractions alleged in the charging document;
(2) the penalty and docket fee that may be assessed and any penalty points that may be assessed against the driving privilege, if the infraction is a traffic matter;
(3) the consequences of the failure to appear at any subsequent hearing including the entry of judgment against the defendant and reporting the judgment to the state motor vehicle division, which may assess points against the driving privilege and may deny an application for a driver's license, if the infraction is a traffic matter;
(4) the right to be represented by an attorney at the defendant's expense;
(5) the right to deny the allegations and to have a hearing before a magistrate,;
(6) the right to remain silent, because any statement made by the defendant may be used against the defendant;
(7) guilt or liability must be proven beyond a reasonable doubt,
(8) the right to testify, subpoena witnesses, present evidence and cross-examine any witnesses for the city;
(9) any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and,
(10) an admission of guilt or liability constitutes a waiver of the foregoing rights and any right to appeal.
14.5 The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.
14.6 If the defendant admits guilt or liability the magistrate shall enter judgment and assess the appropriate penalty and the docket fee, after determining that the defendant understood the matters set forth in Rule 14.4 and has made a voluntary, knowing and intelligent waiver of rights.
14.7 If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant and officer shall be notified.
RULE 15 -Discovery
15.1 Discovery shall not be available prior to final hearing.
15.2 At the time of final hearing, the defendant is entitled to inspect all documents prepared by the officer which the officer intends to use in the presentation of evidence.
RULE 16 -Subpoena
16.1 A subpoena shall be issued only for the attendance of a witness or for the production of documentary evidence at final hearing.
16.2 A subpoena shall be issued either by the clerk of court at the request of the officer or the defendant, or by counsel who has entered an appearance in the case.
16.3 The service of a subpoena shall be by first-class mail, if the person to whom it is directed waives personal service, as provided in Form B in the appendix to these rules. No fees or mileage need be tendered with service by mail.
16.4 If the person to whom a subpoena is directed does not waive personal service, the issuance and service of a subpoena shall be as provided in Section 14-3 1, D.R.M.C., except as otherwise provided in this rule.
RULE 17 - Dismissal Before Final Hearing
17.1 Except as provided in Rule 22, the charges shall be dismissed with prejudice if the officer fails to appear at the final hearing.
17.2 The charges shall be dismissed if the final hearing is not held within 90 days from the defendant's answer, pursuant to the provisions of Rule 248 of the Colorado Municipal Court Rules.
RULE 18 -Final Hearing
18.1 'The hearing of all cases shall be informal, the object being to dispense justice promptly and economically. The magistrate shall ensure that evidence shall be offered and questioning shall be conducted in an orderly expeditious manner and according to basic notions of fairness. The magistrate may call and question any witness consistent with the magistrate's obligation to be an impartial fact finder favoring neither the city nor the defense.
18.2 The order of proceedings at the hearing shall be as follows:
(1) Before commencement of the hearing, the magistrate shall briefly describe and explain the purposes and procedures of the hearing.
(2) The officer shall testify and may present evidence to the facts concerning the alleged infraction. After such testimony, the magistrate and the defendant or counsel may question the officer.
(3) Thereafter, the defendant may offer sworn testimony and evidence and shall answer questions, if such testimony is offered, as may be asked by the magistrate.
(4) If the testimony of additional witnesses is offered, the order of testimony and the extent of questioning shall be within the discretion of the magistrate.
(5) Upon the conclusion of such testimony and examination, the magistrate may further examine or allow examination and rebuttal testimony and evidence as deemed appropriate.
(6) At the conclusion of all the evidence, the defendant or counsel shall be permitted to make a closing,, statement.
18.3 The Colorado Rules of Evidence do not apply to hearings under these rules, pursuant to Rule 11, C.R.T.I.
RULE 19 -Judgment After Final Hearing
19.1 If all elements of an infraction are proven beyond a reasonable doubt, the magistrate shall find the defendant guilty or liable and enter appropriate judgment.
19.2 If any element of an infraction is not proven beyond a reasonable doubt, the magistrate shall dismiss the charge and enter appropriate judgment, provided, however, that the magistrate may find the defendant guilty of or liable for a lesser included infraction, if based on the evidence offered, and enter appropriate judgment.
19.3 If the defendant is found guilty or liable, the magistrate shall assess the appropriate penalty and the docket fee, and any additional costs authorized by law.
19.4 The judgment shall be satisfied upon payment to the clerk of the total amount assessed as set forth above.
19.5 If the defendant fails to satisfy the judgment in the time allowed, such failure shall be treated as a default under as provided in Rule 23. The provisions of Rules 23.4 and 23.5 shall apply to a default under this rule.
RULE 20 - Post Hearing Motions and Appeal
20.1 There shall be no post hearing motions except for a motion to set aside a default judgment as provided in Rule 23.
20.2 Appeal procedure shall be according to section 13-6-504, C.R.S., and Rule 37, Crim. P., and rule 237, C.M.C.R.
RULE 21 -Venue
21.1 Venue shall be provided by statute.
RULE 22 - Continuances
22.1 Continuances may be granted on a showing of good cause by the officer, his supervisor, or the defendant.
RULE 23 -Default
23.1 If the defendant fails to appear for any hearing, the magistrate shall enter judgment against the defendant.
23.2 The amount of the judgment shall be the appropriate penalty assessed after a finding of fault or liability, the docket fee., and any additional costs assessed under the relevant rules,, ordinances or statutes.
23.3 The magistrate may set aside a judgment entered under this rule on a showing of good cause or excusable neglect by the defendant. A motion to set aside the judgment shall be made to the court not more than seven calendar days after entry of judgment.
23.4 The defendant may satisfy a judgment entered under this rule by paying the clerk the total amount set forth above.
23.5 No warrant shall issue for the arrest of a defendant who fails to appear at a hearing or fails to satisfy a judgment.
RULE 24 - Effective Date
24.1 These rules take effect as provided in Rule 257, C.M.C.R. and shall apply to infractions pending on or committed after that date.
RULE 25-Title
These rules shall be known and cited as the Denver Rules for Non Criminal Infractions, or D.R.N.I.
I hereby certify that the foregoing Rules of the Denver County Court were approved by the judges, of said court, en banc, May 5, 1995.
Matthew McConville
Clerk Denver County Court
Submitted to the Supreme Court 12/6/95
Approved by Supreme Court 12/19/95
To access the APPENDIX FOR RULES FOR NON-CRIMINAL INFRACTIONS, please click on the file below:
Local Rules Appendix