2020 Colorado Revised Statutes
Title 19 - Children's Code
Article 1. General Provisions
Section 19-1-108. Magistrates - qualifications - duties.

(1) The juvenile court may appoint one or more magistrates to hear any case or matter under the court's jurisdiction, except where a jury trial has been requested pursuant to section 19-2-107 and in transfer hearings held pursuant to section 19-2-518. Magistrates shall serve at the pleasure of the court, unless otherwise provided by law.

2. Every magistrate appointed pursuant to this section shall be licensed to practice lawin Colorado; except that county judges who are not lawyers may be appointed to serve as magistrates, as authorized by section 13-6-105 (3), C.R.S., to hear detention and bond matters.

3. (a) Repealed.

(a.5) Magistrates shall conduct hearings in the manner provided for the hearing of cases by the court. During the initial advisement of the rights of any party, the magistrate shall inform the party that, except as provided in this subsection (3), he or she has the right to a hearing before the judge in the first instance and that he or she may waive that right but that, by waiving that right, he or she is bound by the findings and recommendations of the magistrate, subject to a request for review as provided in subsection (5.5) of this section. The right to require a hearing before a judge does not apply to hearings at which a child is advised of his or her rights pursuant to section 19-2-706; detention hearings held pursuant to sections 19-2-507, 19-2-507.5, and 192-508; preliminary hearings held pursuant to section 19-2-705; temporary custody hearings held pursuant to section 19-3-403; proceedings held pursuant to article 4 of this title 19; and support proceedings held pursuant to article 6 of this title 19. In proceedings held pursuant to article 4 or 6 of this title 19, contested final orders regarding allocation of parental responsibilities may be heard by the magistrate only with the consent of all parties.

2. In proceedings under article 2 of this title, the right to require a hearing before ajudge shall be deemed waived unless a request is made by any party that the hearing be held before a judge at the time the matter is set for hearing.

3. In proceedings under article 3 of this title, the right to require a hearing before ajudge is waived unless:

1. A request is made by a party or the people of the state of Colorado that the hearing beheld before the judge at the time the matter is set for hearing, if counsel for the party is present at the time the matter is set; or

2. A request is made by a party or the people of the state of Colorado in writing withinseven days after receipt of notice of the setting if the matter is set for hearing outside of the presence of counsel for a represented party or if the matter is set on notice.

(4) At the conclusion of a hearing, the magistrate shall:

1. Advise the parties before him of his findings and ruling;

2. Advise the parties of their right to review by the judge of his findings and ruling;

3. Prepare findings and a written order that shall become the order of the court, absent apetition for review being filed as provided in subsection (5.5) of this section; and

4. Advise the parties that they have a right to object to an order allowing the review ofany decree for placement of a child to be conducted as an administrative review by the department of human services and that if any party objects to administrative review, the court shall conduct the review.

(5) Repealed.

(5.5) A request for review must be filed within fourteen days for proceedings under articles 2, 4, and 6 of this title or within seven days for proceedings under article 3 of this title after the parties have received notice of the magistrate's ruling and must clearly set forth the grounds relied upon. Such review is solely upon the record of the hearing before the magistrate and is reviewable upon the grounds set forth in rule 59 of the Colorado rules of civil procedure. A petition for review is a prerequisite before an appeal may be filed with the Colorado court of appeals or Colorado supreme court. The judge may, on his or her own motion, remand a case to another magistrate after action is taken on a petition for review.

(6) A magistrate may issue a lawful warrant taking a child into custody pursuant to section 19-2-503 and may issue search warrants as provided in sections 19-1-112 and 19-2-504.

Source: L. 87: Entire title R&RE, p. 701, § 1, effective October 1. L. 88: (3) amended, p. 741, § 2, effective July 1. L. 91: Entire section amended, p. 361, § 26, effective April 9. L. 92: (4)(d) added, p. 221, § 3, effective July 1. L. 94: (4)(d) amended, p. 2658, § 145, effective July 1. L. 97: (3) and (5) amended, p. 517, § 4, effective July 1. L. 99: (1) and (6) amended, p. 1375, § 11, effective July 1; (5) amended, p. 1086, § 4, effective July 1. L. 2000: (3)(c) amended, p. 35, § 1, effective July 1. L. 2003: (3)(b) amended, p. 1901, § 1, effective July 1. L. 2006: (3)(a) and (5) amended, p. 451, § 2, effective April 18; (3)(a.5) and (5.5) added, p. 452, §§ 3, 4, effective July 1, 2007. L. 2007: (3)(a.5) amended, p. 1652, § 9, effective May 31; (3)(a.5) amended, p. 2029, § 35, effective June 1; (4)(c) amended, p. 2029, § 36, effective July 1. L.

2016: IP(3)(c), (3)(c)(II), and (5.5) amended, (HB 16-1057), ch. 31, p. 70, § 1, effective July 1. L. 2019: (3)(a.5) amended, (SB 19-108), ch. 294, p. 2727, § 21, effective July 1.

Editor's note: (1) This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1110 as said section existed in 1986, the year prior to the repeal and reenactment of this title.

2. Subsection (3)(a)(II) provided for the repeal of subsection (3)(a), effective July 1,2007. (See L. 2006, p. 451.)

3. Amendments to subsection (3)(a.5) by House Bill 07-1349 and House Bill 07-1367 were harmonized.

4. Subsection (5)(b) provided for the repeal of subsection (5), effective July 1, 2007.

(See L. 2006, p. 451.)