2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 5 - Judicial Districts
Part 1 - Judges - Terms
§ 13-5-132. Powers of Judges Sitting Separately

Each court held by the several judges, while sitting separately, shall be known as the district court in and for the county where such court is held and shall have the same power to vacate or modify its own judgments, decrees, or orders rendered or made while so held as if the said court were composed of a single judge.

History. Source: L. 67: P. 456, § 8. C.R.S. 1963: § 37-12-39 .

Law reviews. For article, “Expediting Court Procedure”, see 10 Dicta 113 (1933). For article, “Supplementary Rules to Rules of the District Court”, see 17 Dicta 107 (1940).

Section has same meaning as its predecessor statute and therefore the same interpretation for them is adopted. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

This section relates to the powers of the several district judges sitting as the district court of a county. Lenich v. Lenich, 138 Colo. 251 , 331 P.2d 498 (1958) (decided under repealed § 37-4-18 , CRS 53).

Intent of section is to empower each district court judge to rule on matters challenging the constitutionality of the death penalty and procedures for qualifying a jury for a death penalty case only when sitting separately. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

District court has no authority to set motions challenging constitutionality of death penalty and procedures for qualifying a jury for a death penalty case for a hearing or for determination by a multi-judge panel. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

A second judge may correct error of a judge no longer on the bench. It makes little sense to hold that if a palpable error were committed by one judge in refusing the continuance, it cannot be corrected by a second judge since the judge first presiding is no longer on the bench. Sunshine v. Robinson, 168 Colo. 409 , 451 P.2d 757 (1969).

Purposes set forth in § 13-5-133 (3) do not include the hearing or determination of motions or the making of decisions, orders, decrees, or judgments in criminal or civil cases filed in the district court. Tolerton v. District Court, 625 P.2d 1020 (Colo. 1981).

Applied in K-R Funds, Inc. v. Fox, 640 P.2d 257 (Colo. App. 1981).