2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 10 - Municipal Courts
§ 13-10-103. Applicability

This article 10 applies to and governs the operation of municipal courts in the cities and towns of this state. Except for the provisions relating to the method of salary payment for municipal judges, the incarceration of children pursuant to sections 19-2.5-305 and 19-2.5-1511 , the appearance of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with a municipal offense as required by section 13-10-111 , the right to a trial by jury for petty offenses pursuant to section 16-10-109 , rules of procedure promulgated by the supreme court, and appellate procedure, this article 10 may be superseded by charter or ordinance enacted by a home rule city.

History. Source: L. 69: P. 273, § 1. C.R.S. 1963: § 37-22-1 . L. 70: P. 150, § 2. L. 72: P. 266, § 2. L. 81: Entire section amended, p. 1041, § 1, effective July 1. L. 87: Entire section amended, p. 813, § 10, effective October 1. L. 94: Entire section amended, p. 909, § 2, effective April 28. L. 96: Entire section amended, p. 1688, § 16, effective January 1, 1997. L. 2021: Entire section amended,(SB 21-059), ch. 136, p. 709, § 10, effective October 1. L. 2021: Entire section amended,(SB 21-271), ch. 462, p. 3208, § 338, effective March 1, 2022.

Right to trial by jury even if city charter denies it. In cases involving petty offenses, there is a right to a jury trial, even in a municipal court of a home rule city whose city charter has expressly denied such right. Hardamon v. Municipal Court, 178 Colo. 271 , 497 P.2d 1000 (1972).

Right to jury trial not abridged by forum for trial. The statutory right to a jury trial cannot be abridged on account of the forum in which the petty offense is tried. City of Aurora ex rel. People v. Erwin, 706 F.2d 295 (10th Cir. 1983).

Courts of home-rule cities are not excepted from the purview of municipal court rules of procedure issued by the supreme court. Alessi v. Municipal Court, 38 Colo. App. 153, 556 P.2d 87 (1976); Christie v. People, 837 P.2d 1237 (Colo. 1992).

The general assembly has made it clear that the power of home-rule cities over the operation of their municipal courts has some limitations, specifically in relation to rules of procedure. Alessi v. Municipal Court, 38 Colo. App. 153, 556 P.2d 87 (1976).

There is no violation of the due process clause in a trial before a nontenured judge. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144 , 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed. 2d 1061 (1977).

There is nothing to show that a trial before a nontenured judge in and of itself is sufficient to taint the fairness of the trial, thereby denying due process or equal protection. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144 , 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed. 2d 1061 (1977).

Tenure decision lies in hands of citizens of home-rule cities. The fact that the term of office for municipal judges is not included in the exceptions in this section clearly indicates the general assembly's recognition that the tenure decision lies in the hands of the citizens of home-rule cities. People ex rel. People of City of Thornton v. Horan, 192 Colo. 144 , 556 P.2d 1217 (1976), cert. denied, 431 U.S. 966, 97 S. Ct. 2922, 53 L. Ed. 2d 1061 (1977); Artes-Roy v. City of Aspen, 856 P.2d 823 (Colo. 1993).