HomeMy WebLinkAbout14 - MUNICIPAL COURT
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Sec. 14.l.
Sec. 14.2.
Sec. 14-3.
Sec. 14.4.
Sec. 14.5.
Sec. 14.6.
Sec. 14-7.
Sec. 14.8.
Sec. 14.9.
Sec. 14.10.
Sec. 14.11.
Sec. 14.12.
Sec. 14.13.
Sec. 14.14.
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Chapter 14
MUNICIPAL COURT*
Created.
CQurt of record.
Jurisdiction and powers of the court.
Appeals.
Appointment, salary of municipal judges.
Substitute municipal judge.
Qualifications; oath.
Presiding judge's powers.
Sessions of court.
Referee-Appointment.
Same-Authority and procedure; duties.
Same-Reduction or dismissal of violation.
Trials.
Wheat Ridge Municipal Court Fund.
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.Charter rcfcrence-Municipall:flurt,-~ 8,~ l.t ;l:q.
State law rt.f(.rence-Municipal courts, C.1t.S. ~ 1:J.1O.101 et seq.
Supp. No. )()
909
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. .MUNIClPALCOURT'
! 14.9
Sec. 14-1. Created.
A municipal court in and for the city is hereby
created and established, pursuant to the provi-
sions of Article XX, section 6(b) and (c) of the
Constitution of the State of Colorado, and Chap-
ter VID, sections 8.2, 8.3 and 8.4 of the home rule
charter of the city.
(Code 1977, ~ 12A-1)
Sec. 14-2. Court of record.
The municipal court shall be a court of record,
and the presiding municipal judge shall provide
for the keeping of a verbatim record of the pro-
ceedings and evidence at trials by either an elec-
tronic device or stenographic means.
(Code 1977, ~ 12A-2)
Sec. 14-3. Jurisdiction and powers of the court.
The municipal court shall have such legal and
equitable powers to effectuate its jurisdiction and
carry out its orders, judgments and decrees as are
provided for by the city charter, state constitu-
tion, state statutes, and ordinances of this city.
(Code 1977, ~ 12A-3)
Sec. 14-4. Appeals.
Appeals from the municipal court shall be in
accordance with the practice and procedure pro-
vided by C.R.S. ~~ 13-10-116 through 13-10-125,
and applicable supreme court rules of procedure,
as may be amended.
(Code 1977, ~ 12A-4)
Sec. 14-5. Appointment, salary of municipal
judges. .
Pursuant to the provisions of section 8.2 of the
charter of the city, the municipal court shall be
presided over by a presiding municipal judge and
such associate judges as may be necessary, with
the presiding judge and the associate municipal
judge appointed by the city council pursuant to
the terms and subject to the provisions of section
8.3 ofthe charter. During the term of the presid-
ing and associate judge, said judges shall be paid
a salary as fixed by the city council, which salary
may not be diminished during the term of office
of the presiding and associate judge.
(Code 1977, ~ 12A-5)
Charter reference-Compensation of judges, S 8.5.
Supp. No.2
Sec. 14-6. Substitute municipal judge.
If a municipal judge is absent or unable to act
in any manner or case, the mayor shall call any
eligible person to act and serve temporarily, and
if he fails to, or cannnt call in a substitute, the
council shall appoint a substitute.
(Code 1977, ~ 12A-6)
Sec. 14-7. Qualifications; oath.
(a) Any person appointed to the office of munic-
ipal judge or associate municipal judge shall be a
member in good standing of the state bar, and
shall have a minimum of five (5) years on the
bench or in the active practice of law in the state
immediately prior to appointment of office.
(b) Before entering upon the duties of his of.
fice, a municipal judge shall make an oath or
affirmation that he will support the Constitution
of the United States and the constitution of the
state and the laws and ordinances of the city, and
will faithfully perform the duties of his office.
(Code 1977, ~ 12A-7)
Sec_ 14-8. Presiding judge's powers.
(a) The presiding municipal judge shail have
full power and authority to make and adopt rules
and regulations for conducting the business of the
municipal court. Such rules and regulations shall
be consistent with the state municipal court rules
of procedure, and shall be reduced to writing.
(b) The presiding municipal judge shall have
authority, with the advice and consent of the city
council, to appoint referees as necessary to con.
duct court business.
(Code 1977, ~ 12A-8)
Charter reference-Presiding judge, S 8.4.
Sec. 14-9. Sessions of court.
There shall be regular sessions of the court for
the trial of cases, and the duly appointed judges
of the municipal court shall hear and determine
complaints for the violation of any city nrdinance;
provided, however, the presiding judge may autho-
rize special sessions of the court at any time,
including Sundays, holidays and at nighttime, if,
in the discretion of the presiding judge, such spe-
cial sessions are deemed advisable.
(Code 1977, ~ 12A-9)
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i 14-10
WHEAT RIDGE CITY CODE
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Sec. 14-10. Referee-Appointment.
The presiding judge of the municipal court, with
the advice and consent of the city council, shall
appoint one (1) or more referees to serve at the
pleasure of the court, who may conduct hearings
concerning the 'following matters and functions
relating to violations of municipal ordinances:
(1) Violations of the model traffic code adopted
by the city pursuant in section 13-2 for
which no points are assessed;
(2) Parking tickets;
(3) Violations of the provisions of Chapter 4 of
this Code, 'except for violations of section
4-14 thereof; and
(4) Violations of the provisions of Chapter 17
of this Code.
(Code 1977, ~ 12A-I0)
Sec. 14-11. Same-Authority and procedure;
duties.
(a) General provisions. Referees shall conduct
hearings for those violations specified in Section
14-9 hereof in the manner provided by the local
rules of municipal court procedure, which shall
be established by the presiding judge. Referees
conducting hearings for such violations shall have
authority to administer oaths and affirmations,
rule on offers of proof and receive evidence. Strict
rules of evidence and procedures shall not apply
in hearings. All proceedings may be maintained
by electronic device or stenngraphic means.
(b) Election to apper before judge. The referee
shall inform all persons appearing before the court
that they have the right to a hearing or arraign-
ment before the municipal court judge in the first
instance, and that they may execute a written
waiver of that right, but that by waiving that
right they are bound by the findings, judgments
and orders of the referee. Upon request, or in the
event such waiver is not executed, the referee
shall set the matter down for hearing before a
municipal court judge.
(c) Findings shall be binding. All findings, or-
ders, judgments and decrees made by the referee
under this section shall be binding, and have the
same effect as if done before the municipal judge,
Supp. No.2
and shall become the final decree of the munici-
pal court unless a written request for review is
filed in the manner provided in subsection (e)
herein.
(d) Trial de novo. At the conclusion of a hear-
ing, the referee shall advise the parties orally
and in writing of their rights to a trial de novo
under subsection (e). .
(e) Request for trial de novo. A request for trial
de novo before the municipal judge shall be filed
on forms provided by the city Within ten (10) days
after the conclusion of the hearing before any
referee. If review is not requested within ten (10)
days, all findings, orders, judgments and decrees
made by the referee under this section shall be-
come final.
(Code 1977, ~ 12A-ll)
Sec. 14-12. Same-Reduction or dismissal of
violation.
Referees may reduce or dismiss violations brought
before them if it appears that the city could not
obtain a conviction at a trial on the merits or the
case, or the interests of justice are served by re-
ducing or dismissing the violation.
(Code 1977, ~ 12A-12)
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Sec. 14-13. Trials.
(a) Trial by jury. A defendant shall not be enti-
tled to a trial by jury unless:
(1) The defendant is charged with a criminal
offense for which sections 16-10-101 and
16-10-109(1), Colorado Revised Statutes (as
amended July 1, 1988) preserves the right
to a jury trial; and if
(2) The defendant complies with the require-
ments of Colorado Rule of Municipal Court
Procedure 223 and section 13-10-114 Colo-
rado Revised Statutes (as amended).
(b) Jury membership. The jury shall consist of
three (3) members, unless a greater number, not
to exceed six (6), is requested by the defendant in
a written jury demand.
(c) Trial to the court. All other criminal mat-
ters for which the defendant has pled not guilty,
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MUNICIPAL COURT
S 14-14
but for which the defendant has not perfected his
right to a jury trial pursuant to subsection (a) of
this section, and all civil matters, shall be tried to
the court with the municipal judge as fact-finder.
(Ord. No. 1989-793, ~ 3, 5-8-89)
Sec. 14.14. Wheat Ridge Municipal Court
Fund.
(a) Establishment; use of proceeds; authority to
create and collect. Proceeds of the Wheat Ridge
Municipal Court Fund may be used for other
purposes related to probation or municipal court
programs in the event funds are available after
meeting the demands of the victim witness ser-
vices. There is hereby established within the City
of Wheat Ridge a special fund to be known as the
Wheat Ridge Municipal Court Fund. The pro-
ceeds of such fund shall be used for the provision
of services and programs to be made available to
victims and witnesses of crimes which have oc-
curred within the city and to provide assistance,
service and information prior to, during and after
the prosecution of such crimes to all victims
thereof and witnesses thereto. The city council
specifically finds that the creation of such fund,
and the collection and disbursement of funds
thereunder, is within the city's powers granted by
article XX, section 6(c) and (h) ofthe Constitution
of the State of Colorado.
(b) Costs and surcharges assessed. As the means
of funding the Wheat Ridge Municipal Court
Fund, there is hereby authorized to be assessed as
court costs and surcharges the following:
(1) An additional five dollars ($5.00) in court
costs shall be assessed on every case ap-
pearing before the court on or after Febru-
ary 1, 1993, in which a plea of guilty or nolo
contendere is entered, or upon which a
conviction is obtained, or upon which a
deferred judgment or a deferred sentence is
imposed;
(2) An additional fifty dollars ($50.00) in court
costs shall be assessed on each domestic
violence case appearing before the court on
or after February 1, 1993, in which a plea
of guilty or nolo contendere shall be en-
tered, or upon which a conviction shall be
Supp. No. 16
obtained, or upon which a deferred judg-
ment or a deferred sentence shall be im-
posed;
(3) The court costs identified in this subsection
shall be paid to the clerk of the court, who
shall deposit the same in the Wheat Ridge
Municipal Court Fund as established by
this section.
(c) Costs deemed mandatory; exception. The
court costs and surcharges imposed by this sec-
tion shall be mandatory and shall be in addition
to any other surcharge, fine or cost imposed either
by the Code of Laws ofthe city or by the municipal
court, except that the court shall have the author-
ity to waive or suspend the court costs imposed by
this section only upon a determination by the
court that the defendant upon whom such charges
are imposed is indigent.
(d) Expenditure of funds; designation budget
line item; council's authority to appropriate addi-
tional funds; accounting. All funds collected as a
result of the imposition of the court costs estab-
lished by this section shall be specifically ear-
marked for the Wheat Ridge Municipal Court
Fund and shall be expended solely for the pro-
grams authorized by the municipal court which
provide victim and witness assistance or other
programs as approved by the municipal court
pursuant to subsection (a) relating to crimes
which occur within the city. The city council shall,
for as long as this section is in effect, designate a
line item in the city's budget for the Wheat Ridge
Municipal Court Fund. The city council retains its
sole authority to appropriate additional monies
into this fund over and above those amounts
which are collected pursuant to the provisions of
this section. Council shall be provided an annual
accounting for the expenditures of the fund.
(Ord. No. 1993-918, ~ 1, 2-8-93; Ord. No. 1995-
992, ~ 1,3-27-95)
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