Colorado Revised Statutes 2025 Title 13 Courts and Court Procedure

COURTS OF RECORD

ARTICLE 1

General Provisions

Cross references: For the disposition of fines and fees levied and collected in state courts, see § 30-10-102 (2); for the disposition of fines, penalties, or forfeitures collected pursuant to title 42, see § 42-1-217.

Law reviews: For a discussion of Tenth Circuit decisions dealing with courts and procedure, see 66 Den. U. L. Rev. 739 (1989); for a discussion of Tenth Circuit decisions dealing with courts and procedure, see 67 Den. U. L. Rev. 675 (1990).

PART 1

ADMINISTRATIVE PROVISIONS

13-1-101. Clerks shall keep record books. The clerks of the courts of record in this state shall keep in their respective offices suitable books for indexing the records of their said offices, one to be known as the direct index and one as the inverse index.

Source: L. 1889: p. 107, § 1. R.S. 08: § 1392. C.L. § 5610. CSA: C. 46, § 1. CRS 53: § 37-1-1. C.R.S. 1963: § 37-1-1.

13-1-102. Entries in records. In said indexes, the clerks shall properly enter the title of each cause or matter instituted in said courts and the case number references to the various orders, rulings, judgments, papers, and other proceedings of the court in such cause or matter. Any case number reference may be to a file jacket, page in a record book, microfilm record, or computer record.

Source: L. 1889: p. 107, § 2. R.S. 08: § 1393. C.L. § 5611. CSA: C. 46, § 2. CRS 53: § 37-1-2. C.R.S. 1963: § 37-1-2. L. 79: Entire section amended, p. 596, § 1, effective July 1.

13-1-103. Lost or destroyed records. When the record of any judgment, or decree, or other proceeding of any judicial court of this state, or any part of the record of any judicial proceeding has been lost or destroyed, any party or person interested therein, on application by complaint in writing under oath to such court and on showing to the satisfaction of such court that the same has been lost or destroyed without fault or negligence of the party or person making such application, may obtain an order from such court authorizing the defect to be supplied by a duly certified copy of the original record, where the same can be obtained, which certificate shall thereafter have the same effect as the original record would have had in all respects.

Source: L. 1889: p. 108, § 1. R.S. 08: § 1396. C.L. § 5614. CSA: C. 46, § 5. CRS 53: § 37-1-4. C.R.S. 1963: § 37-1-4.

13-1-104. Application for new order or record. When the loss or destruction of any record or part thereof has happened, and such defects cannot be supplied as provided in section 13-1-103, any party or person interested therein may make a written application to the court to which such record belonged, verified by affidavit, showing the loss or destruction thereof, and that certified copies thereof cannot be obtained by the party or person making such application, and the substance of the record so lost or destroyed, and that the loss or destruction occurred without the fault or negligence of the party or person making such application, and that the loss or destruction of the record, unless supplied, will or may result in damage to the party or person making such application. The court shall cause said application to be entered of record in said court, and due notice of said application shall be given by personal service of summons or by publication as in other cases; except that, in cases in which publication is required, the court may direct by order, to be entered of record, the form of the notice, and designate the newspaper in which the same shall be published. If, upon such hearing, said court is satisfied that the statements contained in said application are true, the court shall make an order embracing the substance and effect of the lost or destroyed record, which order shall be entered of record in said court and have the same effect which the original record would have had if the same had not been lost or destroyed insofar as concerns the party or person making such application and the persons who had been notified, as provided for in this section. The record in all cases where the proceeding was in rem and no personal service was had may be supplied upon like notice, as nearly as may be, as in the original proceeding.

Source: L. 1889: p. 108, § 2. R.S. 08: § 1397. C.L. § 5615. CSA: C. 46, § 6. CRS 53: § 37-1-5. C.R.S. 1963: § 37-1-5.

13-1-105. Procedure where probate records destroyed. In case of the destruction by fire or otherwise of the records, or a part thereof, of any court having probate jurisdiction, the court may proceed, upon its own motion or upon the application in writing of any party in interest, to restore the records, papers, and proceedings of the court relating to the estate of deceased persons, including recorded wills and wills probated or filed for probate in said court. The power of restoration granted in this section shall also extend to the records, papers, proceedings, and documents of any previous court of probate which are or should be in the custody of a probate or district court. For the purpose of restoring said records, wills, papers, or proceedings, or any part thereof, the court may cause citations to be issued to all parties to be designated by it and may compel the attendance in court of any witness whose testimony may be necessary to establish any such record, or part thereof, and the production of any and all written and documentary evidence which it deems necessary in determining the true import and effect of the original record, will, paper, or other document belonging to the files of the court, and may make such orders and decrees establishing such original record, will, paper, document, or proceeding, or the substance thereof, as to it seems just and proper. The court may make all such rules and regulations governing the proceedings for the restoration of the record, will, paper, document, and proceeding pertaining to the court as in its judgment will best secure the rights and protect the interests of all parties concerned.

Source: L. 1889: p. 109, § 3. R.S. 08: § 1398. C.L. § 5616. CSA: C. 46, § 7. CRS 53: § 37-1-6. C.R.S. 1963: § 37-1-6. L. 64: p. 224, § 56.

13-1-106. Certified copy of record in supreme court or court of appeals. In all causes which have been removed to the supreme court of this state or to the court of appeals, a duly certified copy of the record of such cause remaining in the supreme court or the court of appeals may be filed in the court from which said cause was removed, on motion of any party or person claiming to be interested therein, and the copy so filed shall have the same effect as the original record would have had if the same had not been lost or destroyed.

Source: L. 1889: p. 110, § 4. R.S. 08: § 1399. C.L. § 5617. CSA: C. 46, § 8. CRS 53: § 37-1-7. C.R.S. 1963: § 37-1-7. L. 69: p. 269, § 3.

13-1-107. Costs of replacement. The person making the application for the restoration of records shall pay all the costs thereof.

Source: L. 1897: p. 151, § 1. R.S. 08: § 1400. C.L. § 5621. CSA: C. 46, § 9. CRS 53: § 37-1-8. C.R.S. 1963: § 37-1-8.

13-1-108. Judge may order adjournment. When in the opinion of the judge of any district or county court it is unnecessary or inadvisable to hold or convene any term of court fixed by statute, he may by an order in writing signed by him and filed with the clerk of such court adjourn the same sine die, or to a day certain, and the judges of said courts respectively have power to adjourn said courts, from time to time as may seem advisable, by written order signed and filed with the clerk of the court which may be so adjourned.

Source: L. 1897: p. 151, § 1. R.S. 08: § 1407. C.L. § 5621. CSA: C. 46, § 12. CRS 53: § 37-1-9. C.R.S. 1963: § 37-1-9.

13-1-109. Court may appoint trustee. In all actions in any court of record of this state wherein any defendant is not found within the jurisdiction of the court and constructive service alone is had, and which is brought for the enforcement of an express, implied, or resulting trust, or for the removal of cloud from title to real estate, or for specific performance, or for the establishment of a lost or destroyed deed, conveyance, or instrument in writing, or for the establishment and proof of any conveyance, deed, or instrument in writing not properly proved and acknowledged, or in any other proceeding in rem, or affecting only specific property, where, according to the usual practice in courts of chancery, the court, if the defendant had been personally served, might direct or decree any act to be done or performed by the defendant in favor of plaintiff, the court may appoint a trustee for such defendant to do and perform in the place and stead of and for such defendant the acts required by the decree rendered in any such cause. Any act lawfully done by such trustee, under and in pursuance of any such decree, shall be as binding and effectual for all purposes as if done and performed by the defendant in pursuance of such decree.

Source: L. 1887: p. 254, § 1. R.S. 08: § 1408. C.L. § 5622. CSA: C. 46, § 13. CRS 53: § 37-1-10. C.R.S. 1963: § 37-1-10.

13-1-110. Appeal bond defective or insufficient. If, at any time pending an appeal in any action, suit, or other proceeding, it appears to the appellate court that the appeal bond or undertaking is defective or insufficient or that any surety thereon has died, or has removed or is about to remove from this state, or has become or is likely to become insolvent, such appellate court shall order another appeal bond or undertaking, or such other and further security as to the appellate court seems proper, if the appellant or his attorney of record has been served with at least twenty-four hours' written notice of an application of the appellee for such order. If the appellant fails to comply with said order within ten days after the making of the same, the appeal shall be dismissed.

Source: L. 19: p. 113, § 1. C.L. § 5623. CSA: C. 46, § 14. CRS 53: § 37-1-11. C.R.S. 1963: § 37-1-11. L. 87: Entire section amended, p. 1575, § 11, effective July 10.

13-1-111. Courts of record. (1) Each of the following courts shall have a seal and shall be a court of record:

(a) The supreme court;

(b) The district courts;

(c) The county courts;

(d) The juvenile court in the city and county of Denver;

(e) The probate court in the city and county of Denver;

(f) Any court established by law and expressly denominated a court of record;

(g) Repealed.

(h) The court of appeals.

Source: L. 1887: p. 212, § 412. Code 08: § 447. Code 21: § 449. Code 35: § 449. CRS 53: § 37-1-12. C.R.S. 1963: § 37-1-12. L. 64: p. 224, § 57. L. 72: p. 590, § 53. L. 77: (1)(h) added, p. 279, § 24, effective June 29. L. 79: IP(1) amended, p. 596, § 2, effective July 1. L. 85: (1)(g) repealed, p. 572, § 12, effective November 14, 1986.

13-1-112. Clerk to keep seal. The clerk of each court of record shall keep the seal thereof.

Source: L. 1887: p. 212, § 413. Code 08: § 448. Code 21: § 450. Code 35: § 450. CRS 53: § 37-1-13. C.R.S. 1963: § 37-1-13.

13-1-113. Seal - how attached. (1) A seal of a court or public officer, when required on any writ, process, or proceeding or to authenticate a copy of any record or document, may be impressed with wax, wafer, or any other substance and then attached to the writ, process, or proceeding or to the copy of the record or document, or it may be impressed on the paper alone or electronically attached to or logically associated with an electronic record or document. When jury summonses, subpoenas, or subpoenas duces tecum are prepared by means of mechanical reproduction, the seal of the summoning court may be printed thereon instead of being impressed.

(2) A seal may also consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the document requiring the seal with indelible ink.

Source: L. 1887: p. 198, § 362. Code 08: § 396. Code 21: § 397. Code 35: § 397. CRS 53: § 37-1-14. C.R.S. 1963: § 37-1-14. L. 67: p. 70, § 1. L. 75: Entire section R&RE, p. 489, § 4, effective July 14. L. 80: (1) amended, p. 506, § 1, effective March 25. L. 2011: (1) amended, (HB 11-1018), ch. 18, p. 46, § 1, effective March 11.

13-1-114. Powers of court. (1) Every court has power:

(a) To preserve and enforce order in its immediate presence;

(b) To enforce order in the proceedings before it or before a person empowered to conduct a judicial investigation under its authority;

(c) To compel obedience to its lawful judgments, orders, and process and to the lawful orders of its judge out of court in action or proceeding pending therein;

(d) To control, in furtherance of justice, the conduct of its ministerial officers; and

(e) To preserve access to courthouses and court proceedings, prevent interruption of court proceedings, and enforce protection from civil arrest at a courthouse or on its environs pursuant to section 13-1-403.

(2) Any judge of any court, when he reasonably believes that there is a risk of violence in the court, shall immediately advise the law enforcement agency designated to provide security for the court, and the law enforcement agency shall determine and provide appropriate security measures consistent with the degree of risk present. For the purpose of this subsection (2), a district or county judge shall have the assistance of the county sheriff, and a municipal judge shall have the assistance of the municipal police department. The court shall have discretion to assess all or part of the expense incurred in implementing such security measures as costs to be paid by the party or parties or other person or persons determined by the court to have necessitated such security measures.

(3) Any county sheriff or municipal peace officer providing security for persons involved in judicial proceedings in courts pursuant to subsection (2) of this section shall be immune from civil liability for damages except for gross negligence or reckless, wanton, or intentional misconduct.

Source: L. 1887: p. 216, § 428. Code 08: § 463. Code 21: § 464. Code 35: § 464. CRS 53: § 37-1-15. C.R.S. 1963: § 37-1-15. L. 86: (2) and (3) added, p. 673, § 1, effective July 1. L. 2020: (1)(d) amended and (1)(e) added, (SB 20-083), ch. 63, p. 218, § 2, effective March 23.

13-1-115. Courts may issue proper writs. The courts have power to issue all writs necessary and proper to the complete exercise of the power conferred on them by the constitution and laws of this state. The district courts have authority in ne exeat proceedings according to the usual practice in such cases in courts of chancery.

Source: L. 1887: p. 217, § 434. L. 1891: p. 85, § 1. Code 08: § 469. Code 21: § 470. Code 35: § 470. CRS 53: § 37-1-16. C.R.S. 1963: § 37-1-16.

13-1-116. Courts sit at county seat. Every court of record shall sit at the county seat of the county in which it is held, except as may be otherwise provided by law.

Source: L. 1887: p. 214, § 418. Code 08: § 453. Code 21: § 455. Code 35: § 455. CRS 53: § 37-1-18. C.R.S. 1963: § 37-1-18.

13-1-117. Juridical days. The courts of justice may be held and judicial business may be transacted on any day except as provided in section 13-1-118.

Source: L. 1887: p. 213, § 415. Code 08: § 450. Code 21: § 452. Code 35: § 452. CRS 53: § 37-1-19. C.R.S. 1963: § 37-1-19.

13-1-118. Judicial holidays. (1) No court shall be opened nor shall any judicial business be transacted on Sunday or any legal holiday except for the following purposes:

(a) To give, upon their request, instruction to a jury then deliberating on their verdict;

(b) To receive a verdict or discharge a jury;

(c) For the exercise of the powers of a judge in a criminal action or in a proceeding of a criminal nature;

(d) When it appears by the affidavit of the plaintiff, or someone in his behalf, in cases for the recovery of specific personal property, that the defendant is about to conceal, dispose of, or remove such property out of the jurisdiction of the court, an order for taking possession of the same may be issued and the writ or process executed on any day;

(e) When an application for writ of attachment is made, if it shall appear by the affidavit of the plaintiff, or someone in his behalf, that the defendant is about to dispose of, conceal, or remove property subject to execution or attachment out of the jurisdiction of the court, a writ of attachment may be issued and executed on any day.

(2) When the day fixed for the opening of a court falls on any of the days mentioned in this section, the court shall stand adjourned until the next succeeding day.

Source: L. 1887: p. 213, § 416. Code 08: § 451. Code 21: §§ 451, 453. Code 35: § 453. CRS 53: § 37-1-20. C.R.S. 1963: § 37-1-20.

13-1-119. Judgment record and register of actions open for inspection. The judgment record and register of actions shall be open at all times during office hours for the inspection of the public without charge, and it is the duty of the clerk to arrange the several records kept by him in such manner as to facilitate their inspection. In addition to paper records, such information may also be presented on microfilm or computer terminal.

Source: L. 1887: p. 166, § 231. Code 08: § 250. Code 21: § 251. Code 35: § 251. CRS 53: § 37-1-21. C.R.S. 1963: § 37-1-21. L. 79: Entire section amended, p. 596, § 3, effective July 1.

13-1-119.5. Electronic access to name index and register of actions. (1) Statewide electronic read-only access to the name index and register of actions of public case types must be made available to the following agencies or attorneys appointed by the court and their professional staff:

(a) County departments, as defined in section 19-1-103, and attorneys who represent the county departments as county attorneys, as defined in section 19-1-103, as it relates to the attorneys' work representing the county;

(b) The office of the state public defender, created in section 21-1-101, C.R.S.;

(c) Guardians ad litem or counsel for youth under contract with the office of the child's representative, created in section 13-91-104, or authorized by the office of the child's representative to act as a guardian ad litem or counsel for youth, and other professionals under contract with the office of the child's representative and authorized to work with an appointed attorney as it relates to a case in which the attorney is appointed;

(d) Attorneys under contract with the office of alternate defense counsel, created in section 21-2-101, and other professionals under contract with the office of alternate defense counsel and authorized to work with an appointed attorney as it relates to a case in which the attorney is appointed;

(e) A respondent parent's counsel under contract with the office of the respondent parents' counsel, created in section 13-92-103, or authorized by the office of the respondent parents' counsel to act as a respondent parent's counsel, and other professionals under contract with the office of the respondent parents' counsel and authorized to work with an appointed attorney, as it relates to a case in which the attorney is appointed;

(f) Criminal justice agencies as described in section 24-72-302 (3); and

(g) A licensed attorney working with a nonprofit association pursuant to the provisions of section 19-1-304 (7)(f).

(1.5) The office of the child's representative, the office of alternate defense counsel, and the office of the respondent parents' counsel shall manage user access granted to each agency pursuant to subsection (1) of this section.

(2) The supreme court may adopt rules regarding access to the name index and register of actions, including rules identifying confidential information maintained in the system and state requirements for using the confidential information. All agencies with access pursuant to subsection (1) of this section shall ensure that individuals who use the system receive training on appropriate usage and confidentiality of register of action information. Additionally, the state court administrator may monitor the use of the system and information through audits and the review of ad hoc queries or reports.

Source: L. 2008: Entire section added, p. 1240, § 1, effective August 5. L. 2016: IP(1) and (1)(e) amended, (HB 16-1193), ch. 81, p. 207, § 1, effective July 1. L. 2017: (1)(e) and (1)(f) amended and (1)(g) added, (HB 17-1204), ch. 206, p. 785, § 8, effective November 1. L. 2021: (1)(a) amended, (SB 21-059), ch. 136, p. 708, § 5, effective October 1. L. 2022: (1)(c) amended, (HB 22-1038), ch. 92, p. 438, § 16, effective January 9, 2023. L. 2025: IP(1), (1)(c), (1)(d), and (1)(e) amended and (1.5) added, (SB 25-239), ch. 142, p. 535, § 1, effective August 6.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.

13-1-120. Proceedings in English - abbreviations. Every written proceeding in a court of justice in this state, or before a judicial officer, shall be in the English language, but such abbreviations as are now commonly used in that language may be used, and numbers expressed by figures or numerals in the customary manner.

Source: L. 1887: p. 212, § 411. Code 08: § 446. Code 21: § 448. Code 35: § 448. CRS 53: § 37-1-22. C.R.S. 1963: § 37-1-22.

13-1-121. Action not affected by vacancy. No action or proceeding in a court of justice in this state shall be affected by a vacancy in the office of any of the judges, or by failure of a term thereof.

Source: L. 1887: p. 212, § 410. Code 08: § 445. Code 21: § 447. Code 35: § 447. CRS 53: § 37-1-23. C.R.S. 1963: § 37-1-23.

13-1-122. When judge shall not act unless by consent. A judge shall not act as such in any of the following cases: In an action or proceeding to which he is a party, or in which he is interested; when he is related to either party by consanguinity or affinity in the third degree; or when he has been attorney or counsel for either party in the action or proceeding, unless by consent of all parties to the action.

Source: L. 1887: p. 216, § 429. Code 08: § 464. Code 21: § 465. Code 35: § 465. CRS 53: § 37-1-24. C.R.S. 1963: § 37-1-24.

13-1-123. Transfer of civil actions. When in any civil action pending in any court of record, whether filed as a special statutory proceeding, or otherwise, if for any reason the proceedings could be more expeditiously continued in another county, with the express consent of all parties, the court may order the cause transferred to any other county wherein the court finds the proceedings could be more expeditiously continued. No additional docket fee shall be required. Upon such a transfer being ordered, the clerk shall transfer all files, books, and records of the cause, or, if that is not practicable, he shall make, at the expense of the parties, and send to the clerk of the court to which the cause is transferred a certified copy of all records in the cause which are necessary for the continuation of the proceedings in the court to which such cause is transferred, and the cause shall continue in the court to which it is transferred with the same effect and force as though such cause were originally docketed in such court.

Source: L. 59: p. 349, § 1. CRS 53: § 37-1-25. C.R.S. 1963: § 37-1-25.

Cross references: For venue and change of venue generally, see C.R.C.P. 98.

13-1-123.5. Transfer of venue - actions involving related persons. In addition to the authority to change venue granted by sections 19-2.5-104 and 19-3-201 for good cause shown, a court, on its own motion, on the motion of another court in this state, or on the motion of a party or guardian ad litem, may order the transfer of a pending action brought pursuant to title 14 or title 19 or rule 365 of the Colorado rules of county court civil procedure to a court in another county when there is an action pending in the other county that names the parent, guardian, or legal custodian of a child who is the subject of the action brought pursuant to title 14 or title 19. The county to which the action is being transferred must be one in which venue is proper. Upon an order for such transfer, the transferring court shall notify all parties of the transfer and transmit all documents to the receiving court. The transferred action continues in the court to which it is transferred with the same force and effect as though originally docketed in the receiving court.

Source: L. 95: Entire section added, p. 46, § 1, effective January 1, 1996. L. 96: Entire section amended, p. 1687, § 13, effective January 1, 1997. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 708, § 6, effective October 1.

13-1-124. Jurisdiction of courts. (1) Engaging in any act enumerated in this section by any person, whether or not a resident of the state of Colorado, either in person or by an agent, submits such person and, if a natural person, such person's personal representative to the jurisdiction of the courts of this state concerning any cause of action arising from:

(a) The transaction of any business within this state;

(b) The commission of a tortious act within this state;

(c) The ownership, use, or possession of any real property situated in this state;

(d) Contracting to insure any person, property, or risk residing or located within this state at the time of contracting;

(e) The maintenance of a matrimonial domicile within this state with respect to all issues relating to obligations for support to children and spouse in any action for dissolution of marriage, legal separation, declaration of invalidity of marriage, or support of children if one of the parties of the marriage continues without interruption to be domiciled within the state;

(f) The engaging of sexual intercourse in this state as to an action brought under article 4 or article 6 of title 19, C.R.S., with respect to a child who may have been conceived by that act of intercourse, as set forth in verified petition; or

(g) The entering into of an agreement pursuant to part 2 or 5 of article 22 of this title.

Source: L. 65: p. 472, § 1. C.R.S. 1963: § 37-1-26. L. 82: (1)(c) and (1)(d) amended and (1)(e) added, p. 280, § 1, effective April 2. L. 91: (1)(f) added, p. 248, § 2, effective July 1. L. 93: Entire section amended, p. 359, § 1, effective July 1.

13-1-125. Service of process. (1) Service of process upon any person subject to the jurisdiction of the courts of Colorado may be made by personally serving the summons upon the defendant or respondent outside this state, in the manner prescribed by the Colorado rules of civil procedure, with the same force and effect as if the summons had been personally served within this state.

(2) No service of any summons or other process upon any corporation shall be made outside the state in the manner provided in subsection (1) of this section when such corporation maintains an agent for process upon whom service may be made as provided in rule 4 of the Colorado rules of civil procedure.

(3) Nothing in this section shall limit or affect the right to serve any process as prescribed by the Colorado rules of civil procedure.

Source: L. 65: p. 472, § 2. C.R.S. 1963: § 37-1-27. L. 82: p. 280, § 2.

Cross references: For the manner of service, see C.R.C.P. 4.

13-1-126. Documents in court proceedings - designation by clerk of representative to attend court proceedings. Documents from the office of the clerk of any court of record to be used as evidence in court proceedings shall be acknowledged, exemplified, verified, or attested to in a manner which shall make unnecessary the personal appearance of such clerk in court proceedings to acknowledge, exemplify, verify, or attest to the validity of such documents. The clerk of any court of record may designate a representative to attend court proceedings if the clerk is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to the validity of documents furnished by the clerk's office.

Source: L. 79: Entire section added, p. 596, § 4, effective July 1.

13-1-127. Entities - school districts - legislative declaration - representation - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Closely held entity means an entity, as defined in section 7-90-102 (20), C.R.S., with no more than three owners.

(a.2) Cooperative shall have the same meaning as set forth in section 7-90-102 (9), C.R.S.

(a.5) Corporate licensed child placement agency means an entity that places, or arranges for placement of, the care of any child with any family, person, or institution other than persons related to said child and that is licensed by the department of human services pursuant to section 26-6-905 as a child placement agency.

(b) Corporation shall have the same meaning as set forth in section 7-90-102 (10), C.R.S.

(c) Entity shall have the same meaning as set forth in section 7-90-102 (20), C.R.S.

(d) Limited liability company shall have the same meaning as set forth in section 7-90-102 (32), C.R.S.

(e) Limited partnership shall have the same meaning as set forth in section 7-90-102 (34), C.R.S.

(f) Limited partnership association shall have the same meaning as set forth in section 7-90-102 (35), C.R.S.

(g) Nonprofit association shall have the same meaning as set forth in section 7-90-102 (38), C.R.S.

(h) Nonprofit corporation shall have the same meaning as set forth in section 7-90-102 (39), C.R.S.

(i) Officer means a person generally or specifically authorized by an entity to take any action contemplated by this section.

(j) Owner shall have the same meaning as set forth in section 7-90-102 (43), C.R.S.

(k) School district means a school district organized and existing pursuant to law but does not include a local college district.

(l) Truancy proceedings means judicial proceedings for the enforcement of the School Attendance Law of 1963, article 33 of title 22, C.R.S., brought pursuant to section 22-33-108, C.R.S.

(2) Except as otherwise provided in section 13-6-407, a closely held entity may be represented before any court of record or any administrative agency by an officer of such closely held entity if:

(a) The amount at issue in the controversy or matter before the court or agency does not exceed fifteen thousand dollars, exclusive of costs, interest, or statutory penalties, on and after August 7, 2013; and

(b) The officer provides the court or agency, at or prior to the trial or hearing, with evidence satisfactory to the court or agency of the authority of the officer to appear on behalf of the closely held entity in all matters within the jurisdictional limits set forth in this section.

(2.3) For the purposes of this section, each of the following persons shall be presumed to have the authority to appear on behalf of the closely held entity upon providing evidence of the person's holding the specified office or status:

(a) An officer of a cooperative, corporation, or nonprofit corporation;

(b) A general partner of a partnership or of a limited partnership;

(c) A person in whom the management of a limited liability company is vested or reserved; and

(d) A member of a limited partnership association.

(2.5) (a) The general assembly hereby finds and determines that the practice of law should not include the representation of a corporation in workers' compensation proceedings by an authorized employee of such corporation. While the general assembly respectfully recognizes the jurisdiction of the supreme court with respect to the regulation of the practice of law, it hereby finds and declares that the representation of a corporation in workers' compensation cases by an authorized employee of that corporation does not constitute the unauthorized practice of law. The general assembly has determined that the decision of a president or secretary of a corporation to have a corporate employee represent the corporation in a workers' compensation case is a business decision made voluntarily and knowingly by persons who are qualified and accustomed to making business decisions. The general assembly has further determined that allowing such representation will not hamper the orderly and proper disposition of workers' compensation cases and may expedite and facilitate such disposition. An employee of a defendant corporation with experience in the operations of such corporation and knowledge of the necessary facts and law can afford a defendant corporation with representation which is the substantial equivalent to, and may in some cases, be more effective than, a licensed attorney. The general assembly hereby declares that the protections afforded by the restrictions set forth by the supreme court with respect to the unauthorized practice of law are unnecessary for the described form of representation because the general public is not likely to be harmed by such representation. Further, the general assembly respectfully recommends that the supreme court adopt rules which permit and regulate such representation in which event the general assembly may choose to repeal this statute in deference to the supreme court's rules.

(b) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section concerning the amount at issue, any corporation which is in compliance with the requirements otherwise imposed on corporations by law may be represented by any employee of the corporation who is so authorized by the president or secretary of such corporation, in proceedings authorized under the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S., exclusive of proceedings before the industrial claim appeals office under part 3 of article 43 of title 8, C.R.S., appeals to the court of appeals under section 8-43-307, C.R.S., and summary reviews by the supreme court under section 8-43-313, C.R.S.

(3) The court may rely upon a written resolution of a closely held entity that allows a named officer to appear in the closely held entity's behalf.

(4) A closely held entity's exercise of the option authorized by this section to be represented by an officer shall not alone be construed to establish personal liability of the representing officer or any other officer, director, owner, or shareholder for action taken by that closely held entity.

(5) A corporate licensed child placement agency, as defined in paragraph (a.5) of subsection (1) of this section, that is in compliance with the requirements otherwise imposed on closely held entities by law, may be represented by any named officer or designated agent of the agency in any proceeding involving the termination of the parent-child relationship pursuant to the Colorado Children's Code, title 19, C.R.S., or in any proceeding involving a petition for adoption pursuant to section 19-5-208, C.R.S.

(6) Nothing in this section shall be interpreted to restrict the classes of persons who, or circumstances in which persons, may be represented by other persons, or may appear in person, before Colorado courts or administrative agencies.

(7) (a) A school district board of education may authorize, by resolution, one or more employees of the school district to represent the school district in truancy proceedings in any court of competent jurisdiction; except that the authorization of the board of education shall not extend to representation of the school district before a court of appeals or before the Colorado supreme court.

(b) A court may rely on the written resolution of the school district board of education that authorizes the named employee to represent the school district in truancy proceedings.

(c) An authorized employee who represents a school district in truancy proceedings pursuant to the provisions of this subsection (7) shall not be subject to the provisions of section 13-93-108.

(d) A school district board of education's exercise of the option authorized by this section to be represented in truancy proceedings by an employee shall not alone be construed to establish personal liability of the representing employee or any other employee or a school director of the school district for action taken by the school district.

Source: L. 83: Entire section added, p. 598, § 1, effective May 25. L. 84: (1)(c) amended, p. 450, § 1, effective March 16. L. 90: IP(2) and (2)(a) amended, p. 849, § 3, effective May 31; (2)(a) amended, p. 854, § 1, effective July 1. L. 91: (2.5) added, p. 1285, § 1, effective April 14. L. 92: (1)(a.5) and (5) added, pp. 179, 180, §§ 2, 3, effective March 20; (2.5) amended, p. 276, § 1, effective April 14. L. 94: (1)(a.5) amended, p. 2639, § 85, effective July 1. L. 98: (1), (2), (3), (4), and (5) amended and (2.3) and (6) added, p. 489, § 1, effective February 1, 1999. L. 2007: (1)(k), (1)(l), and (7) added, pp. 165, 164, §§ 2, 1, effective March 22. L. 2013: (2)(a) amended, (HB 13-1052), ch. 40, p. 111, § 1, effective August 7. L. 2017: (7)(c) amended, (SB 17-227), ch. 192, p. 704, § 4, effective August 9. L. 2022: (1)(a.5) amended, (HB 22-1295), ch. 123, p. 827, § 24, effective July 1.

Cross references: (1) For representation of corporations in the small claims division of county court, see § 13-6-407.

(2) For the legislative declaration contained in the 1990 act amending the introductory portion to subsection (2) and subsection (2)(a), see section 1 of chapter 100, Session Laws of Colorado 1990. For the legislative declaration contained in the 1994 act amending subsection (1)(a.5), see section 1 of chapter 345, Session Laws of Colorado 1994.

13-1-128. Confidentiality of decisions of courts of record - violations - penalties - repeal. (Repealed)

Source: L. 87: Entire section added, p. 539, § 1, effective July 1. L. 89: (4) amended, p. 827, § 31, effective July 1. L. 2002: (4) amended, p. 1487, § 120, effective October 1. L. 2021: (5) added by revision, (SB 21-271), ch. 462, pp. 3157, 3331, §§ 154, 803.

Editor's note: Subsection (5) provided for the repeal of this section, effective March 1, 2022. (See L. 2021, pp. 3157, 3331.)

Cross references: For the legislative declaration contained in the 2002 act amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.

13-1-129. Preferential trial dates. (1) In any civil action filed in any court of record in this state, the court shall grant a motion for a preferential trial date which is accompanied by clear and convincing medical evidence concluding that a party suffers from an illness or condition raising substantial medical doubt of survival of that party beyond one year and which satisfies the court that the interests of justice will be served by granting such motion for a preferential trial date.

(2) In any civil action filed in any court of record in this state, the court may grant a motion for a preferential trial date upon the motion of a party who is a natural person at least seventy years of age and a finding by the court that such claim is meritorious, unless the court finds that such party does not have a substantial interest in the case as a whole.

(3) A motion under this section may be filed and served at any time when the case is at issue and a party meets the requirements of subsection (1) or (2) of this section.

(4) Upon the granting of a motion for a preferential trial date, the court shall set the case for trial not more than one hundred nineteen days from the date the motion was filed. The court shall establish an accelerated discovery schedule in all such cases. No continuance shall be granted beyond the one-hundred-nineteen-day period except for physical or mental disability of a party or a party's attorney or upon a showing of other good cause. Any such continuance shall be for no more than one hundred nineteen days, and only one such continuance shall be granted to a party.

Source: L. 90: Entire section added, p. 858, § 1, effective July 1. L. 2012: (4) amended, (SB 12-175), ch. 208, p. 822, § 1, effective July 1.

13-1-130. Reports of convictions to department of education. When a person is convicted of, pleads nolo contendere to, or receives a deferred sentence for a felony and the court knows the person is a current or former employee of a school district or a charter school in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

Source: L. 90: Entire section added, p. 1025, § 4, effective July 1. L. 2000: Entire section amended, p. 1843, § 22, effective August 2. L. 2003: Entire section amended, p. 2514, § 1, effective June 5.

13-1-131. Speedy trial option in civil actions. If a trial date has not been fixed by the court in any civil action within ninety days from the date the case is at issue, upon agreement of all the parties, the parties may elect to have the matter heard by a master, appointed by the court in accordance with the Colorado rules of civil procedure. When such a trial is held before a master, the parties shall pay the costs of such trial, as allocated fairly among the parties by the master. The master shall have all the powers of a judge.

Source: L. 90: Entire section added, p. 851, § 11, effective May 31.

Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-1-132. Use of interactive audiovisual devices and communication technology in court proceedings. (1) Except for trials, when the appearance of any person is required in any court of this state, such appearance may be made by the use of an interactive audiovisual device. An interactive audiovisual device shall operate so as to enable the person and the judge or magistrate to view and converse with each other simultaneously.

(2) Notwithstanding any provision of this section, a judge or magistrate may order a person to appear in court.

(3) A full record of such proceeding shall be made.

(3.5) (a) All Colorado courts, including municipal courts, shall make any criminal court proceeding conducted in open court available for remote public viewing and listening in real time, at no cost to the public, through an online platform, which may include a participatory web conferencing platform, and post prominently on the court's website the links for remote observation, unless:

(I) The courtroom does not have sufficient technological capability, such as a participatory web conferencing platform, to make such proceedings available to the public for remote observation;

(II) Members of the public have been excluded from the criminal proceeding by order of the court;

(III) Technology, staffing, or internet issues limit or prevent remote observation; or

(IV) After a request by a party, witness, or victim, or on the court's own motion, the court makes findings on the record based on the particular facts and circumstances of the case that:

(A) There is a reasonable likelihood remote observation of live proceedings risks compromising the safety of any person; the defendant's right to a fair trial, including violations of sequestration orders; or the victim's rights pursuant to section 24-4.1-302.5 (1)(a); and

(B) There is no less restrictive alternative that preserves the public interest in remote observation while mitigating the identified risk. As used in this subsection (3.5)(a)(IV)(B), less restrictive alternative includes allowing remote audio-only observation while disabling video observation or turning off remote observation for particular witnesses or discrete portions of the proceeding.

(b) As used in this section, risks compromising the safety include risks to physical and emotional safety, intimidation, and harassment.

(c) When allowing remote observation, courts shall take reasonable steps to ensure there is no audio or visual recording, including photography or screenshots of the proceedings, without explicit permission of the court. As used in this subsection (3.5)(c), reasonable steps must include an on-screen warning that any recording of the proceedings without a court order, including any screen capture, photograph, or audiovisual recording, is prohibited. Reasonable steps may also include the court issuing an additional verbal or on-screen warning and prohibiting remote observation by specific individuals whom the court has reason to believe may violate this rule.

(d) When allowing remote observation, courts shall take reasonable steps to ensure no audio or visual transmission of privileged, confidential communications occurs. To help facilitate privileged, confidential communications in the courtroom, courts shall notify parties and attorneys of the location of microphones and any ability to mute microphones. If the court becomes aware that such transmissions occurred, the court shall work with the parties and attorneys to prevent reoccurrence.

(e) If a proceeding subject to a sequestration order is made available for public remote observation, the court shall take reasonable steps to ensure compliance with the sequestration order and ensure the right to a fair trial, which may include:

(I) Announcing the sequestration order as frequently as necessary in open court;

(II) Requiring observers to identify themselves to ensure none are potential witnesses and that any observers who are forbidden from discussing the case with witnesses know of that obligation;

(III) At the request of a party, allowing the court or party to inquire of any witness, while under oath and outside the presence of the jury, if the witness watched any portion of the proceeding or discussed any portion of the proceeding with anyone prior to testifying; and

(IV) Terminating remote observation to protect the parties' right to a fair trial or to ensure compliance with the sequestration order.

(f) For criminal courts that do not have sufficient existing staff or technological capabilities to make proceedings available for remote observation as of September 1, 2023, if the court subsequently obtains such staff and capabilities, the court must comply with the provisions of this section within ninety days after obtaining such staff and capabilities.

(g) This subsection (3.5) does not apply to juvenile delinquency cases pursuant to title 19 or to cases in which a juvenile has been charged by direct filing of information or an indictment in district court pursuant to section 19-2.5-801 until the completion of a preliminary hearing and completion of any hearing requesting to transfer the case to juvenile court pursuant to section 19-2.5-801 (4).

(4) The supreme court may prescribe rules of procedure pursuant to section 13-2-109 to implement this section.

Source: L. 92: Entire section added, p. 318, § 1, effective April 29. L. 2023: (3.5) added, (HB 23-1182), ch. 426, p. 2505, § 2, effective September 1.

Cross references: For the legislative declaration in HB 23-1182, see section 1 of chapter 426, Session Laws of Colorado 2023.

13-1-133. Use of recycled paper. (1) The general assembly finds and declares that there is a need to expand upon existing laws which foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys-at-law to state courts of record be submitted on recycled paper. The general assembly further finds that such expansion will protect and enhance the environment and the health and safety of the citizens of Colorado.

(2) (a) (I) Except as provided in paragraph (b) of this subsection (2), no document shall be submitted by an attorney to a court of record after January 1, 1994, unless such document is submitted on recycled paper. The provisions of this section shall apply to all papers appended to each such document.

(II) (A) Procedures adopted to implement the provisions of this section shall not impede the conduct of court business nor create grounds for an additional cause of action or sanction.

(B) No document shall be refused by a court of record solely because it was not submitted on recycled paper.

(b) Nothing in this section shall be construed to apply to:

(I) Photographs;

(II) An original document that was prepared or printed prior to January 1, 1994;

(III) A document that was not created at the direction or under the control of the submitting attorney;

(IV) Facsimile copies otherwise permitted to be filed with a court of record in lieu of the original document; however, if the original is also required to be filed, such original shall be submitted in compliance with this section;

(V) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior to January 1, 1994.

(3) The provisions of this section shall not be applicable if recycled paper is not readily available.

(4) For purposes of this section, unless the context requires otherwise:

(a) Attorney means an attorney-at-law admitted to practice law before any court of record in this state.

(b) Courts of record shall have the same meaning as set forth in section 13-1-111.

(c) Document means any pleading or any other paper submitted as an appendix to such pleading by an attorney, which document is required or permitted to be filed with a clerk of court concerning any action to be commenced or which is pending before a court of record.

(d) Recycled paper means paper with not less than fifty percent of its total weight consisting of secondary and postconsumer waste and with not less than ten percent of such total weight consisting of postconsumer waste.

Source: L. 93: Entire section added, p. 622, § 2, effective July 1.

Cross references: For further provisions concerning the purchase of recycled paper and recycled products, see §§ 24-103-207, 25-16.5-102, and 30-11-109.5.

13-1-134. Court automation system - juvenile or domestic actions. (1) The general assembly hereby finds, determines, and declares that the accurate and efficient exchange of information between the courts and state family service agencies is beneficial in providing aid to families in need in Colorado. Further, the general assembly declares that the use of a computer automation system to link the courts with each other and with state family service agencies for the purpose of the exchange of information regarding families would aid in identifying and providing services to families in need. It is for this reason that the general assembly has adopted this section.

(2) (a) On or before January 15, 1996, the state court administrator shall establish and administer a program for automation of the court computer technology systems in order to link the juvenile courts and district courts involved in domestic actions around the state with each other and with state family service agencies, including, but not limited to, the department of human services, the juvenile probation department, law enforcement offices, and any other agency involved in the investigation, evaluation, or provision of services to families involved in domestic actions pursuant to title 19, C.R.S., and articles 4 and 10 of title 14, C.R.S. Said automation system shall provide those parties linked to the system with automatic access to information obtained by any one of the parties in regard to a family or family member involved in said domestic actions; except that said automation system shall not include information which is required to be kept confidential under any state or federal law.

(b) Repealed.

(3) The provisions of this section shall not affect the confidentiality of juvenile records.

Source: L. 93: Entire section added, p. 931, § 1, effective May 28. L. 94: (2) amended, p. 2639, § 86, effective July 1. L. 96: (2)(b) repealed, p. 1264, § 175, effective August 7.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 1996 act repealing subsection (2)(b), see section 1 of chapter 237, Session Laws of Colorado 1996.

13-1-135. Family courts - implementation report. (Repealed)

Source: L. 93: Entire section added, p. 1256, § 1, effective June 6. L. 96: (1) repealed, p. 1264, § 176, effective August 7. L. 98: (2) repealed, p. 818, § 13, effective August 5.

13-1-136. Civil protection orders - single set of forms. (1) The general assembly hereby finds that the statutes provide for the issuance of several types of civil protection orders to protect the public, but that many of these protection orders have many elements in common. The general assembly also finds that consolidating the various forms for issuing and verifying service of civil protection orders and creating, to the extent possible, a standardized set of forms that will be applicable to the issuance and service of civil protection orders will simplify the procedures for issuing these protection orders and enhance the efficient use of the courts' and citizens' time and resources.

(2) On or before July 1, 2003, the state court administrator, pursuant to the rule-making authority of the Colorado supreme court, shall design and make available to the courts copies of a standardized set of forms that shall be used in the issuance and verification of service of civil protection orders issued pursuant to article 14 of this title or section 14-10-108, C.R.S., or rule 365 of the Colorado rules of county court civil procedure. The state court administrator shall design the standardized set of forms in such a manner as to make the forms easy to understand and use and in such a manner as will facilitate and improve the procedure for requesting, issuing, and enforcing civil protection orders.

(3) In developing the standardized set of forms for the issuance and verification of service of civil protection orders pursuant to this section, the state court administrator shall work with representatives of municipal, county, and district court judges, law enforcement, a member of the Colorado bar association, and representatives of other interested groups.

Source: L. 98: Entire section added, p. 243, § 1, effective April 13. L. 99: (2) amended, p. 501, § 3, effective July 1. L. 2002: Entire section amended, p. 493, § 2, effective July 1. L. 2003: Entire section amended, p. 1002, § 3, effective July 1.

13-1-137. Reporting of data concerning juvenile proceedings. (1) Notwithstanding section 24-1-136 (11)(a)(I), the judicial branch shall report annually to the judiciary committees of the house of representatives and senate, or to any successor committees, information concerning:

(a) The number of juvenile delinquency cases;

(b) The number of juvenile delinquency cases that involved an appointment of counsel;

(c) The number of juvenile cases that involved a waiver of counsel;

(d) The status of recommended reviews to juvenile court rules, forms, and chief justice directives regarding the representation of children in juvenile delinquency courts;

(e) The number of juvenile delinquency cases that involved a detention hearing, the number of juveniles who were released after the detention hearing, and the number of juveniles who remained in detention after the detention hearing; and

(f) The process of training judicial officers and private defense attorneys concerning determinations of competency to proceed for juveniles and adults, competency evaluation reports, services to restore competency, and certification proceedings governed by article 65 of title 27.

Source: L. 2014: Entire section added, (HB 14-1032), ch. 247, p. 955, § 11, effective November 1. L. 2017: IP(1) amended, (SB 17-241), ch. 171, p. 623, § 1, effective April 28. L. 2019: (1)(d) and (1)(e) amended and (1)(f) added, (SB 19-223), ch. 227, p. 2291, § 14, effective July 1.

13-1-138. Notification of court reminder program. (Repealed)

Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, § 2, effective August 2. L. 2022: Entire section repealed, (SB 22-018), ch. 191, p. 1273, § 2, effective July 15.

13-1-139. Court limitations on medication-assisted treatment - prohibited. A court shall not condition participation in a drug or problem-solving court or other judicial program, or enter orders relating to probation or parole or placement in community corrections, based on the requirement that a person cease participating in prescribed medication-assisted treatment for substance use disorders, as defined in section 23-21-803, unless the person or the prescriber determines that medication-assisted treatment is no longer necessary or is no longer an effective treatment for the person.

Source: L. 2020: Entire section added, (SB 20-007), ch. 286, p. 1390, § 5, effective July 13.

13-1-140. Prohibition on issuing subpoena in connection with proceeding in another state. (1) A court, judicial officer, court employee, or attorney shall not issue a subpoena in connection with a proceeding in another state concerning an individual engaging in a legally protected health-care activity, as defined in section 12-30-121 (1)(d), or an entity that provides insurance coverage for gender-affirming health-care services, as defined in section 12-30-121 (1)(c), or reproductive health care, as defined in section 25-6-402 (4).

(2) This section does not prohibit the investigation of criminal activity that may involve a legally protected health-care activity, provided that information relating to a medical procedure performed on an individual is not shared with an agency or individual from another state for the purpose of enforcing another state's abortion law.

Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 244, § 6, effective April 14.

Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023.

13-1-140.1. Subpoena requirements - legally protected health-care activity - enforcement. (1) Affirmation required. An individual requesting a subpoena shall affirm under penalty of perjury that the subpoena:

(a) Is not related to, and any information obtained as a result of the subpoena will not be used in, any investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against an individual or entity that engaged in or attempted or intended to engage in a legally protected health-care activity, as defined in section 12-30-121, or that provided insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402; or

(b) Is related to an investigation or proceeding that seeks to impose civil or criminal liability or professional sanctions against an individual or entity that engaged in or attempted or intended to engage in a legally protected health-care activity, as defined in section 12-30-121, or that provided insurance coverage for gender-affirming health-care services, as defined in section 12-30-121, or reproductive health care, as defined in section 25-6-402, but the investigation or proceeding:

(I) Is brought under tort law or contract law;

(II) Is actionable in an equivalent or similar manner under Colorado law; and

(III) Is brought by the individual, or the individual's legal representative, who received gender-affirming health-care services or reproductive health care.

(2) Jurisdiction and penalty. An individual who omits or submits a false affirmation pursuant to subsection (1) of this section is subject to the jurisdiction of Colorado courts for any action, penalties, or damages arising out of the omission or false affirmation. The court, upon finding the omission or false affirmation was made intentionally, knowingly, willfully, or recklessly, shall impose a civil penalty in an amount not to exceed fifteen thousand dollars for each violation, which amount is in addition to any other legal or equitable remedy lawfully available.

(3) Enforcement. The attorney general may bring a civil action on behalf of the state to seek the imposition of damages, penalties, and any other equitable remedies against an individual who omits or submits a false affirmation pursuant to subsection (1) of this section. The action must be filed within six years after the date of the alleged violation.

(4) This section does not prohibit the investigation of criminal activity that may involve a legally protected health-care activity if information relating to a medical procedure performed on an individual is not shared with a federal agency or actor, or an agency or individual from another state, for the purpose of enforcing another state's abortion law.

Source: L. 2025: Entire section added, (SB 25-129), ch. 96, p. 437, § 3, effective April 24.

13-1-141. Ralph L. Carr Colorado judicial center - Colorado state patrol - law enforcement services. The Colorado state patrol shall provide law enforcement services for the Ralph L. Carr Colorado judicial center and its grounds, subject to available appropriations.

Source: L. 2024: Entire section added, (SB 24-187), ch. 304, p. 2065, § 2, effective May 31.

Cross references: For the legislative declaration in SB 24-187, see section 1 of chapter 304, Session Laws of Colorado 2024.

13-1-142. Probation and parole supervision fee report. The state court administrator shall annually report on probation supervision fees assessed in the previous year during its SMART Act hearing, required pursuant to section 2-7-203. The report must include information regarding probation supervision fees, the amount of the fee charged per month, how many people were assessed the fee, and the total amount collected. Probation departments shall provide the state court administrator with any information requested by the state court administrator to comply with this section. The department of corrections shall annually report on parole supervision fees assessed in the previous year during its SMART Act hearing required pursuant to section 2-7-203. The report must include information regarding parole supervision fees, the amount of the fee charged per month, how many people were assessed the fee, and the total amount collected.

Source: L. 2024: Entire section added, (HB 24-1445), ch. 353, p. 2405, § 1, effective September 1.

PART 2

COURT SECURITY CASH FUND

COMMISSION

13-1-201. Legislative declaration. (1) The general assembly hereby finds that:

(a) Ensuring the safety of employees and users of state court facilities is a significant component of ensuring access to justice for the people of the state of Colorado;

(b) Responsibility for providing security for state court facilities lies with the county governments; and

(c) Colorado is a geographically, demographically, and economically diverse state and this diversity affects the funding and services of individual counties. Although the provision of security for state court facilities is a county responsibility, the variation in funds available to individual counties may not allow fundamental security measures to be met in each county.

(2) The general assembly, therefore, determines and declares that:

(a) The creation of the court security cash fund commission and the court security cash fund will be beneficial to, and in the best interests of, the people of the state of Colorado; and

(b) The goals of the commission and the cash fund shall be to:

(I) Provide supplemental funding for ongoing security staffing in the counties with the most limited financial resources; and

(II) Provide moneys to counties for court security equipment costs, training of local security teams on issues of state court security, and emergency needs related to court security.

Source: L. 2007: Entire part added, p. 1264, § 1, effective May 25.

13-1-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) Commission means the court security cash fund commission created in section 13-1-203.

(2) Fund means the court security cash fund created in section 13-1-204.

(3) Local security team means a group of individuals from a county that oversees issues of court security for the county and that includes, at a minimum, the chief judge of the district court in the county or his or her designee, the sheriff or his or her designee, and a county commissioner or county manager or his or her designee.

Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25.

13-1-203. Court security cash fund commission - creation - membership. (1) There is created in the judicial department the court security cash fund commission to evaluate grant applications received pursuant to this part 2 and make recommendations to the state court administrator for awarding grants from the court security cash fund.

(2) (a) The commission shall be composed of seven members, as follows:

(I) Two representatives of an association that represents county commissioners who are recommended by the association and who are appointed by the governor;

(II) Two representatives of an association that represents county sheriffs who are recommended by the association and who are appointed by governor;

(III) Two members of the judicial branch who are appointed by the chief justice; and

(IV) One member of the general public who is appointed by the chief justice.

(b) The commission membership described in paragraph (a) of this subsection (2) shall include, at all times, at least one representative from a county in which the population is above the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state of Colorado, as determined by the most recent data published by the department of local affairs.

(3) The term of office of each member of the commission is three years; except that the terms shall be staggered so that no more than four members' terms expire in the same year. A vacancy shall be filled by the respective appointing authority for the unexpired term only.

(4) Members of the commission shall serve without compensation and without reimbursement for expenses.

Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25. L. 2022: (1) and (3) amended, (SB 22-013), ch. 2, p. 21, § 23, effective February 25.

13-1-204. Court security cash fund - creation - grants - regulations. (1) (a) There is hereby created in the state treasury the court security cash fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the implementation of this part 2. The state court administrator is authorized to accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 2. All private and public moneys received by the state court administrator from gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly.

(b) A five-dollar surcharge must be assessed and collected as provided by law on docket fees and jury fees for specified civil actions filed on and after July 1, 2007, on docket fees for criminal convictions entered on and after July 1, 2007, on filing fees for specified probate filings made on and after July 1, 2007, on docket fees for specified special proceeding filings made on and after July 1, 2007, on fees for specified filings in water matters initiated on and after July 1, 2007, on docket fees for specified traffic infraction penalties assessed on and after July 1, 2007, and on docket fees for civil infraction penalties assessed on or after March 1, 2022. The surcharge must be transmitted to the state treasurer, who shall credit the surcharge to the fund.

(c) (I) All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund.

(III) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the contrary, on July 1, 2009, the state treasurer shall deduct five hundred thousand dollars from the court security cash fund and transfer such sum to the general fund.

(2) Moneys from the fund that are distributed to counties pursuant to this part 2 shall be used to supplement existing county funding for purposes related to security of facilities containing a state court or probation office and shall not be used to supplant moneys already allocated by the county for such purposes.

(3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 2; except that the state court administrator may use up to ten percent of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 2. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated from the fund pursuant to this part 2.

(4) In accordance with the principles set out in section 13-1-205, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the fund.

Source: L. 2007: Entire part added, p. 1266, § 1, effective May 25. L. 2009: (1)(c) amended, (SB 09-208), ch. 149, p. 619, § 7, effective April 20; (1)(c)(III) added, (SB 09-279), ch. 367, p. 1925, § 3, effective June 1. L. 2022: (1)(b) amended, (HB 22-1229), ch. 68, p. 339, § 2, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (1)(b) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

13-1-205. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a local security team shall apply to the commission through the state court administrator for moneys to be used as specified in this part 2 and in accordance with the timelines and guidelines adopted by the commission and using the application form provided by the commission. For the commission to consider a grant application, the application shall be signed by the administrative authority of each entity that is represented on the local security team.

(2) Grants from the fund shall be used to fund counties that meet the criteria specified in subsection (4) of this section for:

(a) The provision of court security staffing at a facility containing a state court or probation office;

(b) The purchase of security equipment or related structural improvements for a facility containing a state court or probation office;

(c) The provision of training on issues of court security; or

(d) Miscellaneous funding needs associated with issues of court security or security equipment.

(3) Moneys credited to the fund that are available for grant distribution shall be awarded based on the following priority schedule:

(a) Requests from counties that meet the criteria specified in subsection (4) of this section shall have the highest priority; and

(b) Requests for moneys for personnel costs shall be given subsequent priority.

(4) Counties that meet at least two of the following criteria shall be given the highest priority for need-based grants for court security personnel services pursuant to this part 2:

(a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs;

(b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs;

(c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or

(d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census.

Source: L. 2007: Entire part added, p. 1267, § 1, effective May 25. L. 2010: (4)(d) amended, (HB 10-1422), ch. 419, p. 2068, § 21, effective August 11.

13-1-206. Repeal of part. (Repealed)

Source: L. 2007: Entire part added, p. 1268, § 1, effective May 25. L. 2017: Entire section repealed, (SB 17-221), ch. 349, p. 1832, § 1, effective June 5.

PART 3

UNDERFUNDED COURTHOUSE FACILITIES

13-1-301. Legislative declaration. (1) The general assembly hereby finds that:

(a) Providing access to state court facilities and ensuring the safety of employees and other users of state court facilities are fundamental components of ensuring access to justice for the people of the state of Colorado;

(b) Recent years have seen numerous occasions in which courthouse repair, renovation, improvement, and expansion needs have become important priorities for judicial districts and the counties they serve;

(c) In some cases these needs result from anticipated causes, such as expanding caseloads, the allocations of new judges to the district, or the aging of existing courtroom facilities and the attendant need to bring them up to current operational and safety standards;

(d) In other cases the needs are driven by unexpected events, such as natural disasters, accidents, or the discovery of previously unknown threats to health and safety; and

(e) While the responsibility for providing adequate courtrooms and other court facilities lies with county governments, the geographically, demographically, and economically diverse nature of our state affects the level of funding and services that each county can provide.

(2) The general assembly, therefore, determines and declares that:

(a) The creation of the underfunded courthouse facility cash fund commission and the underfunded courthouse facility cash fund is beneficial to and in the best interests of the people of the state of Colorado; and

(b) The purpose of the commission and the fund is to provide supplemental funding for courthouse facility projects in the counties with the most limited financial resources.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 691, § 1, effective May 14.

13-1-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) Commission means the underfunded courthouse facility cash fund commission created in section 13-1-303.

(2) Court security cash fund commission means the court security cash fund commission created in section 13-1-203.

(3) Fund means the underfunded courthouse facility cash fund created in section 13-1-304.

(4) Imminent closure of a court facility means a court facility with health, life, or safety issues that impact court employees or other court users and that is designated for imminent closure by the state court administrator in consultation with the state's risk management system or other appropriate professionals. Health, life, or safety issues include air quality issues, water intrusion problems, temperature control issues, structural conditions that cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain health, life, or safety issues may require additional third-party evaluations such as an environmental or structural engineering review.

(5) Master planning means entering into contracts for professional design services or engineering consulting to determine construction or remodeling options, feasibility, or cost estimates for a proposed building project.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May 14.

13-1-303. Underfunded courthouse facility cash fund commission - creation - membership. (1) There is hereby created in the judicial department the underfunded courthouse facility cash fund commission to evaluate grant applications received pursuant to this part 3 and make recommendations to the state court administrator for awarding grants from the underfunded courthouse facility cash fund based on the statutory criteria set forth in section 13-1-305. The commission shall be appointed no later than July 1, 2014.

(2) (a) The commission has seven members, as follows:

(I) Two representatives of an association that represents county commissioners, appointed by the association;

(II) One member from the department of local affairs, appointed by the department of local affairs;

(III) Two members from the judicial branch, appointed by the chief justice;

(IV) One member from the court security cash fund commission, appointed by the chief justice; and

(V) A representative of the state historical society, appointed by the president of the state historical society.

(b) The commission membership described in paragraph (a) of this subsection (2) must include, at all times, at least one representative from a county in which the population is above the median population for the state, as determined by the most recent data published by the department of local affairs, and at least one representative from a county in which the population is below the median population for the state, as determined by the most recent data published by the department of local affairs.

(3) Each member of the commission serves a three-year term; except that, of those members first appointed, one member representing each entity that appoints two members is appointed for a one-year term and one member representing each entity that appoints two members is appointed for a two-year term. A vacancy must be filled by the respective appointing authority no later than thirty days after the vacating member's last day for the unexpired term only.

(4) Members of the commission serve without compensation and without reimbursement for expenses.

(5) Four member votes are required for any final commission recommendations. The commission's final recommendations are subject to final approval by the state court administrator and are not subject to any form of appeal.

(6) In accordance with the principles set out in section 13-1-305, the commission shall adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating grant applications, the criteria for evaluation, and other guidelines necessary for administering the program.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May 14.

13-1-304. Underfunded courthouse facility cash fund - creation - grants - regulations. (1) There is hereby created in the state treasury the underfunded courthouse facility cash fund that consists of any moneys appropriated by the general assembly to the fund. The moneys in the fund are subject to annual appropriation by the general assembly for the implementation of this part 3. The state court administrator may accept gifts, grants, or donations from any private or public source for the purpose of implementing this part 3. All private and public moneys received by the state court administrator from gifts, grants, or donations must be transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys that may be appropriated to the fund directly by the general assembly. All investment earnings derived from the deposit and investment of moneys in the fund remain in the fund and may not be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(2) Moneys from the fund that are distributed to counties pursuant to this part 3 may only be used for commissioning master planning services, matching funds or leveraging grant funding opportunities for construction or remodeling projects, or addressing emergency needs due to the imminent closure of a court facility. Moneys from the fund may not be allocated for the purchase of furniture, fixtures, or equipment or as the sole source of funding for new construction. Moneys from the fund may not be allocated as the sole source of funding for remodeling, unless the need for funding is associated with the imminent closure of a court facility.

(3) All moneys credited to the fund shall be available for grants awarded by the state court administrator, based on recommendations of the commission, to counties for the purposes described in this part 3; except that the state court administrator may use a portion of the moneys annually appropriated from the fund for administrative costs incurred through the implementation of this part 3. The state court administrator, subject to annual appropriation by the general assembly, may expend moneys appropriated from the fund pursuant to this part 3.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May 14.

13-1-305. Grant applications - duties of counties. (1) To be eligible for moneys from the fund, a county must apply to the commission through the state court administrator, using the application form provided by the commission, in accordance with the timelines and guidelines adopted by the commission. For the commission to consider a grant application, the application must first be reviewed and approved by the chief judge of the county and the board of county commissioners.

(2) (a) Grants from the fund may only be used to fund counties that meet the requirements set forth in paragraph (b) of this subsection (2) and the criteria specified in subsection (4) of this section to:

(I) Commission master planning services;

(II) Serve as matching funds or leverage grant funding opportunities; or

(III) Address emergency needs due to the imminent closure of a court facility.

(b) Grants from the fund may only be awarded to a county when:

(I) The county has demonstrated good faith in attempting to resolve the issues before seeking a grant from the fund;

(II) The county has agreed to disclose pertinent financial statements to the commission or the state court administrator for review; and

(III) The state court administrator is satisfied that the county does not have significant uncommitted reserves.

(c) Grants from the fund may not supplant any county funding for a county that has the means to support its court facility.

(d) The approval of a grant shall not result in the state or commission assuming ownership or liability for a county courthouse or other county facility that houses county offices and employees. The county shall continue to have ownership and liability for all such facilities.

(e) Once a county is awarded a grant, the county shall complete the project as designated and described in the grant award.

(f) The commission shall develop a compliance review process to ensure that counties are using each grant as specified in the grant award.

(3) Counties that meet all four of the criteria specified in subsection (4) of this section must be given the highest priority for need-based grants for underfunded courthouse facilities pursuant to this part 3.

(4) Counties that meet at least two of the following criteria qualify for need-based grants for underfunded courthouse facilities pursuant to this part 3:

(a) Counties in which the total population is below the state median, as determined by the most recent data published by the department of local affairs;

(b) Counties in which the per capita income is below the state median, as determined by the most recent data published by the department of local affairs;

(c) Counties in which property tax revenues are below the state median, as determined by the most recent data published by the department of local affairs; or

(d) Counties in which the total county population living below the federal poverty line is greater than the state median, as determined by the most recent census published by the United States bureau of the census.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May 14.

13-1-306. Legislative review - repeal. The underfunded courthouse facility cash fund commission repeals on September 1, 2035. Prior to repeal, the underfunded courthouse facility cash fund commission is subject to review as provided in section 24-34-104.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 696, § 1, effective May 14. L. 2016: Entire section amended, (HB 16-1192), ch. 83, p. 233, § 14, effective April 14. L. 2024: Entire section amended, (HB 24-1275), ch. 396, p. 2724, § 1, effective August 7.

PART 4

PROTECT COURT ACCESS

13-1-401. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Access to courts is a cornerstone of Colorado's republican form of government and is therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, threatens the values of public access and the core functions of courts and is considered an unreasonable and unlawful seizure whether undertaken by a local, state, or federal officer.

(b) Courts have the affirmative obligation to assert their powers to ensure order and efficient functioning in their proceedings through exercising their contempt power and issuing writs in order to protect the dignity, independence, and integrity of proceedings;

(c) There exists from English common law a privilege from civil arrest at a courthouse and on its environs, or while going to, attending, or coming from a court proceeding. The common law of England is the rule of decision, and shall be considered as of full force until repealed by legislative authority pursuant to section 2-4-211, and the common law privilege from civil arrest has not been legislatively repealed.

(d) The general assembly has the power to protect Colorado's court proceedings in order to preserve Colorado's republican form of government and has previously codified the privilege from arrest in specific circumstances to protect the proper functioning of courts; and

(e) This act clarifies Colorado law with respect to court access and judicial power to enforce the protection in order to ensure court access and to prevent interruption of the administration of justice, and clarifies that the protection extends to proceedings conducted under the authority of a court, including, but not limited to, probation and pretrial services.

(2) Nothing in this part 4 narrows, or in any way lessens, any rights or protections from civil arrest at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, under common law, statute, the United States constitution, the state constitution, or the remedies available for violations of those rights or privileges.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 215, § 1, effective March 23.

13-1-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) Civil arrest means an arrest that is solely or primarily in connection with a civil proceeding but does not include an arrest made in connection with a judge's contempt authority or other judicially issued process.

(2) Court means a court of the state of Colorado or its counties or municipalities.

(3) Courthouse means the entirety of a building in which a court is located including, but not limited to, a courtroom, hallway, restroom, or lobby.

(4) Court proceeding means a proceeding conducted by a court or under the authority of a court, including, but not limited to:

(a) Accessing a service or conducting business with a court;

(b) A criminal proceeding;

(c) A civil proceeding;

(d) A grand jury proceeding;

(e) A civil protection order proceeding;

(f) An arbitration;

(g) A deposition;

(h) A pretrial services appointment; or

(i) A probation services appointment.

(5) Environs means the vicinity surrounding a courthouse, including, but not limited to, a sidewalk, driveway, entryway, green space, or parking area serving the courthouse.

(6) Related facility means the following facilities, facilities where the following programs or services are provided, or facilities where the following providers provide programs or services in relation to a court proceeding:

(a) A behavioral health entity, as defined in section 27-50-101;

(b) A behavioral health program, as defined in section 27-50-101;

(c) A behavioral health provider, as defined in section 27-50-101;

(d) A behavioral health safety net provider, as defined in section 27-50-101;

(e) A behavioral health safety net service, as defined in section 27-50-101;

(f) A comprehensive community behavioral health provider, as defined in section 27-50-101;

(g) An essential behavioral health safety net provider, as defined in section 27-50-101;

(h) A hospital that is operated by the department of human services;

(i) A psychiatric hospital that is operated by the department of human services;

(j) A detention or commitment facility that is operated by the department of human services;

(k) A treatment provider providing services ordered pursuant to a treatment plan required pursuant to sections 19-3-507 and 19-3-508;

(l) Any foster care, qualified residential treatment program, or other out-of-home placement defined in section 19-1-103; and

(m) A nursing home.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 216, § 1, effective March 23. L. 2025: (6) added, (SB 25-276), ch. 240, p. 1222, § 22, effective May 23.

Cross references: For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.

13-1-403. Prohibition of civil arrest - writ of protection - procedure. (1) A person is not subject to civil arrest while the person is present at a courthouse or on its environs; or while going to, attending, or coming from a court proceeding; or while the person is receiving treatment in a related facility.

(2) (a) A judge or magistrate may issue a writ of protection to prohibit a civil arrest pursuant to subsection (1) of this section. A judge or magistrate may incorporate the writ of protection in other regularly issued documents.

(b) The protection described in subsection (1) of this section applies regardless of whether a writ of protection has been issued.

(3) Nothing in this section precludes a criminal arrest or execution of a criminal arrest warrant issued by a judge or magistrate based on probable cause of a violation of criminal law.

(4) An on-duty law enforcement officer who is not employed by or contracted with courthouse security, or participating in a court proceeding, shall present credentials and state the purpose of the officer's presence to any existing courthouse security, who shall maintain a record of the information.

(5) The chief judge of any court may enter an order to ensure that arrests made while persons are present at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, comply with this section.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23. L. 2025: (1) amended, (SB 25-276), ch. 240, p. 1223, § 23, effective May 23.

Cross references: For the legislative declaration in SB 25-276, see section 1 of chapter 240, Session Laws of Colorado 2025.

13-1-404. Remedies. (1) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued pursuant to section 13-1-403 (2) is liable for damages in a civil action for false imprisonment.

(2) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued pursuant to section 13-1-403 (2) is subject to contempt of court.

(3) The attorney general may bring a civil action on behalf of the people of the state for a violation of section 13-1-403 to obtain appropriate equitable or declaratory relief.

(4) A person arrested or detained in violation of section 13-1-403 may seek a writ of habeas corpus.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23.

13-1-405. Severability. If any provision of this part 4 or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or application of this part 4 that can be given effect without the invalid provision or application, and to this end the provisions of this part 4 are severable.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 218, § 1, effective March 23.

ARTICLE 1.5

Uniform Transboundary Pollution

Reciprocal Access Act

13-1.5-101. Short title. This article may be cited as the Uniform Transboundary Pollution Reciprocal Access Act.

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) Reciprocating jurisdiction means a state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States of America, or a province or territory of Canada, which has enacted this article or provides substantially equivalent access to its courts and administrative agencies.

(2) Person means an individual person, a corporation, a business trust, an estate, a trust, a partnership, an association, a joint venture, a government in its private or public capacity, a governmental subdivision or agency, or any other legal entity.

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-103. Forum. An action or other proceeding for injury or threatened injury to property or person in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction may be brought in this jurisdiction.

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-104. Right to relief. A person who suffers, or is threatened with, injury to his person or property in a reciprocating jurisdiction caused by pollution originating, or that may originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened injury and may enforce those rights in this jurisdiction as if the injury or threatened injury occurred in this jurisdiction.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-105. Applicable law. The law to be applied in an action or other proceeding brought pursuant to this article, including what constitutes pollution, is the law of this jurisdiction excluding choice of law rules.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-106. Equality of rights. This article does not accord a person injured or threatened with injury in another jurisdiction any rights superior to those that the person would have if injured or threatened with injury in this jurisdiction.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-107. Right additional to other rights. The right provided in this article is in addition to and not in derogation of any other rights.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-108. Waiver of sovereign immunity. The defense of sovereign immunity is applicable in any action or other proceeding brought pursuant to this article only to the extent that it would apply to a person injured or threatened with injury in this jurisdiction.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-109. Uniformity of application and construction. This article shall be applied and construed to carry out its general purpose to make uniform the law with respect to the subject of this article among jurisdictions enacting it.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

ARTICLE 2

Supreme Court

Cross references: For procedural rules adopted by the supreme court, see C.A.R. 1 to 58.

13-2-101. Terms of supreme court. In each year there shall be three terms of the supreme court: One beginning on the second Monday in September, another beginning on the second Monday in January, and another beginning on the second Monday in April.

Source: L. 1889: p. 443, § 1. R.S. 08: § 1409. C.L. § 5624. CSA: C. 46, § 15. CRS 53: § 37-2-1. C.R.S. 1963: § 37-2-1.

13-2-102. Special terms. Special terms of said court may be called under such general rules and regulations as may be adopted by the court.

Source: G.L. § 2614. G.S. § 3235. R.S. 08: § 1410. C.L. § 5625. CSA: C. 46, § 16. CRS 53: § 37-2-2. C.R.S. 1963: § 37-2-2.

13-2-103. Open sessions - oral arguments. The court shall be in open session as often as practicable during each of its terms to hear and determine matters and causes which may come before it, and, at the discretion of the court, oral arguments may be allowed on final hearing in any cause on the request of any party thereto.

Source: L. 1889: p. 443, § 2. R.S. 08: § 1411. C.L. § 5626. CSA: C. 46, § 17. CRS 53: § 37-2-3. C.R.S. 1963: § 37-2-3. L. 85: Entire section amended, p. 568, § 1, effective May 31.

13-2-104. Quorum - adjournment. If a quorum of the justices of the supreme court is not present on the first day of any term, the court shall stand adjourned from day to day until a quorum attends; and said court, if a quorum is present, may adjourn to any day specified, as may be deemed advisable.

Source: G.L. § 2602. G.S. § 3225. R.S. 08: § 1412. C.L. § 5627. CSA: C. 46, § 18. CRS 53: § 37-2-4. C.R.S. 1963: § 37-2-4.

13-2-105. Continuance of causes. All matters, suits, and causes undisposed of at any term of the supreme court shall stand continued to the next succeeding term.

Source: G.L. § 2607. G.S. § 3229. R.S. 08: § 1413. C.L. § 5628. CSA: C. 46, § 19. CRS 53: § 37-2-5. C.R.S. 1963: § 37-2-5.

13-2-106. Process from supreme court. All process issued out of the supreme court shall bear teste in the name of the chief justice, be signed by the clerk of the court, sealed with its seal, and made returnable according to law or the rules and orders of the court and shall be executed by the officer to whom the same is directed.

Source: G.L. § 2603. G.S. § 3226. R.S. 08: § 1416. C.L. § 5629. CSA: C. 46, § 20. CRS 53: § 37-2-6. C.R.S. 1963: § 37-2-6.

13-2-107. Judge shall not act as attorney. No justice of the supreme court shall practice as an attorney-at-law in any of the courts of the state, nor give advice touching any cause pending or to be brought therein.

Source: G.L. § 2608. G.S. § 3230. R.S. 08: § 1419. C.L. § 5631. CSA: C. 46, § 22. CRS 53: § 37-2-7. C.R.S. 1963: § 37-2-7.

13-2-108. Rules of civil procedure. The supreme court has the power to prescribe, by general rules, for the courts of record in the state of Colorado the practice and procedure in civil actions and all forms in connection therewith; except that no rules shall be made by the supreme court permitting or allowing trial judges to comment to the jury on the evidence given on the trial. Such rules shall neither abridge, enlarge, nor modify the substantive rights of any litigants. The supreme court shall fix the dates when such rules take effect and the extent to which they apply to proceedings then pending, and thereafter all laws in conflict therewith shall be of no further force or effect.

Source: L. 39: p. 264, § 1. CSA: omitted. CRS 53: § 37-2-8. C.R.S. 1963: § 37-2-8. L. 79: Entire section amended, p. 597, § 5, effective July 1.

13-2-109. Rules of criminal procedure. (1) The supreme court has the power to prescribe, from time to time, rules of pleading, practice, and procedure with respect to all proceedings in all criminal cases in all courts of the state of Colorado.

(2) The supreme court shall fix the dates when such rules take effect and the extent to which they apply to proceedings then pending.

Source: L. 60: p. 118, § 1. CRS 53: § 37-2-34. C.R.S. 1963: § 37-2-27.

Cross references: For the Colorado rules of criminal procedure, see chapter 29 of the Colorado court rules.

13-2-110. Court to prescribe rules and forms. The supreme court from time to time may institute rules of practice, and prescribe forms of process to be used, and regulations for the keeping of the records and proceedings of the court, not inconsistent with the constitution or laws of this state.

Source: G.L. § 2604. G.S. § 3227. R.S. 08: § 1418. C.L. § 5630. CSA: C. 46, § 21. CRS 53: § 37-2-9. C.R.S. 1963: § 37-2-9.

13-2-111. Employees - compensation. (1) The supreme court may appoint one clerk, two deputy clerks, one librarian of the supreme court library, one reporter and an assistant reporter of its decisions, two bailiffs, and such additional clerical assistants as may be necessary.

(2) Each justice of the supreme court may appoint one or more law clerks and such clerical personnel as may be necessary to assist him in fulfilling the duties of his office.

(3) All employees appointed under the provisions of subsections (1) and (2) of this section shall be appointed and compensated pursuant to the provisions of section 13-3-105.

Source: L. 1891: p. 368, § 1. L. 05: p. 357, § 1. R.S. 08: § 1420. L. 11: p. 610, § 1. L. 17: p. 514, § 1. C.L. § 5632. L. 23: p. 614, § 2. L. 27: p. 677, § 1. CSA: C. 46, §§ 23, 24. L. 37: p. 497, § 3. L. 49: p. 402, § 1. L. 53: p. 295, § 1. CRS 53: § 37-2-10. L. 59: p. 350, § 1. C.R.S. 1963: § 37-2-10. L. 79: (1) and (3) amended, p. 597, § 6, effective July 1. L. 81: (2) R&RE, p. 874, § 1, effective June 18.

Cross references: For the reporter of decisions in the court of appeals, see § 13-4-111 (1).

13-2-112. Duties of bailiff. (1) The bailiff appointed shall attend upon the court and the judges thereof. It is the duty of the bailiff to assist the librarian of the supreme court, when not otherwise engaged.

(2) In case of the absence of the bailiff, the court or judges may appoint some suitable person to act in his stead, and the person so appointed shall perform like services and shall receive the same salary as the bailiff.

Source: L. 1891: p. 368, §§ 2, 3. R.S. 08: §§ 1423, 1424. C.L. §§ 5635, 5636. CSA: C. 46, §§ 28, 29. CRS 53: § 37-2-13. C.R.S. 1963: § 37-2-11.

13-2-113. Fees of clerk of supreme court. Except for the court of appeals docket fees, the supreme court is authorized to fix such fees for the services of the clerk of said court, in causes pending therein, as to the court seems proper, such fees to be paid by the parties to a cause pursuant to law and the order of the court.

Source: G.L. § 1162. G.S. § 1417. R.S. 08: § 1425. C.L. § 5637. CSA: C. 46, § 30. CRS 53: § 37-2-14. C.R.S. 1963: § 37-2-12. L. 82: Entire section amended, p. 285, § 1, effective July 1.

Cross references: For fees payable upon appeal and procedure for waiver thereof, see C.A.R. 12.

13-2-114. Seal of supreme court. The seal of the supreme court shall be one and three-quarter inches in diameter, with a device inscribed thereon as follows: Upon a ground of white the figure of justice sitting faced to the left, but with body and face inclined to the front, arms outstretched, and holding in her left hand the scales and in her right the sword of justice. Upon the left, and just above the ground, shall appear the rising sun, with golden rays proceeding therefrom. On the right, and resting upon the ground, a shield, having inscribed thereon the coat of arms of the state of Colorado, the upper part of the shield leaning upon the figure of justice; upon the right of the shield a vine extending from the ground to the top of the shield; above the inscription and around the edge of the seal shall be the words supreme court; below the inscription and around the edge of the seal shall be the words, State of Colorado, engraved thereon.

Source: G.L. § 2618. G.S. § 3238. R.S. 08: § 1427. C.L. § 5639. CSA: C. 46, § 32. CRS 53: § 37-2-15. C.R.S. 1963: § 37-2-13.

13-2-115. Pensions of supreme court judges. (1) Any person who has served as a judge of the supreme court of Colorado for not less than ten years, who has ceased to hold said office, and who has reached the age of sixty-five years is entitled to receive an annual pension during the remainder of his life in the amount of one-fourth of the annual salary of an associate judge of the supreme court. If such judge has served twenty years or more and has attained the age of seventy-two years, the annual pension shall be one-third of the annual salary of an associate judge of the supreme court. All pensions due under this section shall be paid monthly out of the general fund of this state.

(2) Upon the death of any judge, eligible to receive an annual pension pursuant to this section, who leaves a surviving spouse of at least sixty-five years of age to whom he has been married for at least twenty years, such spouse is entitled to receive a pension during the remainder of such spouse's life, or as long as such spouse remains unmarried, in the amount of seven thousand dollars per year, payable monthly from the general fund of this state.

(3) It is the intent of this section to limit the benefits payable under this section to persons, or their widows, who have terminated their service on the supreme court prior to May 16, 1974, or whose election or appointment to the supreme court took place prior to May 16, 1974. The retirement benefits payable to judges of the supreme court who are appointed subsequent to May 16, 1974, shall be as otherwise provided by law.

Source: L. 25: p. 504, § 1. CSA: C. 46, § 33. L. 39: p. 317, § 1. L. 53: p. 238, § 1. CRS 53: § 37-2-16. L. 55: p. 262, § 1. C.R.S. 1963: § 37-2-14. L. 67: p. 452, § 1. L. 69: p. 242, § 1. L. 74: Entire section amended, p. 233, § 1, effective May 16. L. 77: (2) amended, p. 295, § 4, effective July 1.

13-2-116. Disposition of law books. (1) The state librarian and all other officers who receive for public use from any other state or territory, or any officer thereof, or any other person any books of judicial reports or public statutes or any other books of law shall forthwith cause one copy of such books or statutes, and all of such books of reports, and other books of law to be deposited in the library of the supreme court, there to remain.

(2) The supreme court librarian shall furnish the supreme court annually, as the court may direct, a report designating any such copies of judicial reports, statutes, or books of law which, in the librarian's opinion, can be properly removed from the supreme court library and disposed of.

(3) The supreme court may take action pursuant to such report by ordering any copies of such judicial reports, statutes, or books of law designated therein disposed of in such manner as it shall determine.

Source: G.L. § 2623. G.S. § 3242. R.S. 08: § 1428. L. 11: p. 488, § 1. C.L. § 5640. CSA: C. 46, § 34. CRS 53: § 37-2-17. L. 57: p. 317, § 1. C.R.S. 1963: § 37-2-15.

13-2-117. Librarian to have charge of library. The librarian of the supreme court, under the direction of the court, shall have custody of the books pertaining to the library of the supreme court.

Source: G.L. § 2621. G.S. § 3240. R.S. 08: omitted. C.L. § 5641. CSA: C. 46, § 35. L. 37: p. 495, § 1. CRS 53: § 37-2-18. C.R.S. 1963: § 37-2-16.

13-2-118. Duties of librarian. It is the duty of the librarian to keep his office open every day in the year, Saturdays, Sundays, and holidays excepted, from 8:30 a.m. until 5 p.m. of each day, so that the public may have access to the library, under such rules and regulations as the supreme court may prescribe.

Source: G.L. § 2622. G.S. § 3241. R.S. 08: § 1429. C.L. § 5642. CSA: C. 46, § 36. CRS 53: § 37-2-19. C.R.S. 1963: § 37-2-17.

13-2-119. Disposition of fees. (1) At the end of each month, all fees collected by the clerk of the supreme court during said month, except fees for admission to the bar and attorney registration fees, shall be deposited by the clerk with the state treasurer, by whom the same shall be kept separate and apart from all other funds in the state treasurer's hands.

(2) (Deleted by amendment, L. 98, p. 685, § 1, effective July 1, 1998.)

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 1. C.L. § 5643. CSA: C. 46, § 37. CRS 53: § 37-2-20. C.R.S. 1963: § 37-2-18. L. 79: Entire section amended, p. 597, § 7, effective July 1. L. 82: Entire section amended, p. 285, § 2, effective July 1. L. 98: Entire section amended, p. 685, § 1, effective July 1.

13-2-120. Supreme court library fund. The funds so set apart, together with the balance of the fund now in the state treasurer's hands and designated as the supreme court library fund, shall be known as the supreme court library fund, and the supreme court is authorized to use said fund for the purchase of books for the supreme court library, for paying the expenses of binding briefs and other documents for use in said library, for the purchase and maintenance of bookcases, catalogues, furniture, fixtures, and other equipment for said library, and for such other library service expenses as the chief justice deems necessary.

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 2. C.L. § 5644. CSA: C. 46, § 38. CRS 53: § 37-2-21. C.R.S. 1963: § 37-2-19. L. 87: Entire section amended, p. 541, § 1, effective April 6.

13-2-121. Manner of disbursement. The state controller is authorized to draw warrants upon said fund, from time to time upon certificate, of the sums required for the purposes specified in section 13-2-120 under the signature of the chief justice or a majority of the judges of the supreme court, and the state treasurer is directed to pay the same out of said fund.

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 3. C.L. § 5645. CSA: C. 46, § 39. CRS 53: § 37-2-22. C.R.S. 1963: § 37-2-20.

13-2-122. Supreme court and court of appeals opinions published. (1) The opinions of the supreme court of the state of Colorado and of the court of appeals must be published in volumes of the size, as nearly as may be, as present volumes of the Colorado reports, and containing not less than six hundred fifty pages each.

(2) (a) In addition to the publishing required pursuant to subsection (1) of this section, and except for unpublished opinions described in subsection (2)(b) of this section, on or before March 1, 2024, but no earlier than July 1, 2023, the judicial department shall publish online, in a searchable format, and make available free of charge, every opinion of the supreme court of the state of Colorado and of the court of appeals. The judicial department and the general assembly shall each include a link to the opinions web page in a conspicuous place on their websites.

(b) An opinion of the supreme court of the state of Colorado not published pursuant to subsection (1) of this section and any court of appeals opinion not designated for official publication pursuant to the Colorado appellate rules is not required to be published online pursuant to this subsection (2).

Source: L. 1891: p. 369, § 1. R.S. 08: § 1431. C.L. § 5646. CSA: C. 46, § 40. CRS 53: § 37-2-23. C.R.S. 1963: § 37-2-21. L. 69: p. 269, § 4. L. 2022: Entire section amended, (HB 22-1091), ch. 195, p. 1307, § 3, effective August 10.

Cross references: For the short title (Justice Gregory Hobbs Public Access to Case Law Act) and the legislative declaration in HB 22-1091, see sections 1 and 2 of chapter 195, Session Laws of Colorado 2022.

13-2-123. Duty of reporter. It is the duty of the reporter of the decisions of said courts, within four months after a sufficient number of opinions to constitute a volume of the prescribed size have been delivered to him, to compile and prepare the same for publication, together with such other proceedings of the supreme court as the justices thereof may designate for insertion in such volume, with syllabi, title pages, digest, and table of cases reported.

Source: L. 1891: p. 370, § 2. R.S. 08: § 1434. C.L. § 5649. CSA: C. 46, § 43. CRS 53: § 37-2-26. L. 63: p. 268, § 1. C.R.S. 1963: § 37-2-22. L. 69: p. 269, § 5.

13-2-124. Publication of reports. (1) In lieu of the publication of the opinions of the supreme court and the court of appeals pursuant to section 13-2-122 (1), the supreme court may designate the published volumes of the decisions of the supreme court and the court of appeals, as the same are published by any person, firm, or corporation, to be the official reports of the decisions of the supreme court and the court of appeals. Any publication so designated as the official reports may include both the opinions of the supreme court and the court of appeals in the same volume.

(2) When any law of this state refers to the reports of the supreme court of the state of Colorado, said law shall be construed as referring to the reports in which are also contained the reported opinions of the court of appeals created pursuant to article 4 of this title.

(3) All books, both bound and unbound, and matrices covering the reports of the supreme court and the court of appeals which were published prior to July 1, 1982, and which are in the custody of the supreme court shall remain in the custody of the supreme court for the purpose of sale or replacement, and the supreme court may fix the price at which the prior official reports of the supreme court and the court of appeals are to be sold to the public. The supreme court may replace any lost or destroyed books free of cost if such books were originally distributed free of cost. The supreme court may authorize the reprinting of any prior volumes, the replacement supply of which has become exhausted or insufficient. The supreme court may also contract for the storage of such books and to sell, give away, destroy, or otherwise dispose of any excess books, bound or unbound, which it deems not needed to provide a reasonable replacement supply.

Source: L. 1891: p. 370, § 3. R.S. 08: § 1435. L. 19: p. 682, § 1. C.L. § 5650. L. 27: p. 678, § 1. CSA: C. 46, § 44. CRS 53: § 37-2-27. L. 57: p. 318, §§ 1, 2. L. 63: p. 268, § 2. C.R.S. 1963: § 37-2-23. L. 69: p. 269, § 6. L. 82: Entire section R&RE, p. 287, § 1, effective July 1. L. 2022: (1) amended, (HB 22-1091), ch. 195, p. 1308, § 4, effective August 10.

Cross references: For the short title (Justice Gregory Hobbs Public Access to Case Law Act) and the legislative declaration in HB 22-1091, see sections 1 and 2 of chapter 195, Session Laws of Colorado 2022.

13-2-125. Purchase, distribution, and sale of reports. (1) Upon the publication of each volume of the reports of the supreme court and the court of appeals under contract with the judicial department, the publisher shall be responsible for distributing as many copies as are required to meet the needs of the state in accordance with a list provided by the librarian of the supreme court. Costs of mailing incurred in such distribution shall be borne by the state from appropriations made to the judicial department.

(2) The distribution pursuant to subsection (1) of this section shall include the following:

(a) State and territorial libraries, as directed by the librarian of the supreme court;

(b) The library of congress and of the United States supreme court;

(c) The attorney general and secretary of state of Colorado, and officials of the executive branch as required;

(d) District attorneys and judges of Colorado courts of record;

(e) The justices and reporter of the Colorado supreme court;

(f) The law library of the university of Colorado, and the library of any other accredited law school in Colorado;

(g) Copies for use in the supreme court library and by the general assembly;

(h) Copies to be used for exchange purposes in the maintenance of the supreme court library, as directed by the librarian of the supreme court;

(i) Office of legislative legal services.

(3) All copies distributed to offices and agencies of the state of Colorado are at all times the property of the state and not the personal property of the incumbents of the respective offices and shall be so marked as the property of the state. This shall not apply to the justices and reporter of the supreme court as to volumes prepared during their tenure of office.

(4) The publisher shall sell the reports of the supreme court and the court of appeals to the public at a price which is set at the cost of the report plus a twenty percent markup for handling. The publisher shall retain the markup charges and remit to the state the costs of the reports sold as reimbursement to the general fund for payment by the state of the expenses of publication thereof. The unsold copies of all reports shall remain the property of the state and shall be returned by the publisher to the secretary of state upon the termination of the contract for publication. Until otherwise designated by law or order of the chief justice of the Colorado supreme court, the secretary of state shall be the legal custodian of the reports of the supreme court and the court of appeals. The secretary of state shall sell any remaining copies of such reports to the public at such cost plus twenty percent and transmit the sale proceeds to the state treasurer for deposit to the credit of the general fund.

Source: L. 1891: p. 371, § 7. R.S. 08: § 1438. C.L. § 5653. L. 27: p. 680, § 1. CSA: C. 46, § 46. L. 37: p. 495, § 2. CRS 53: § 37-2-30. L. 63: p. 269, § 3. C.R.S. 1963: § 37-2-24. L. 75: (1), IP(2), and (4) amended, p. 850, § 2, effective July 1. L. 76: (1) and (4) amended, p. 515, § 1, effective April 19. L. 88: (2)(i) amended, p. 310, § 18, effective May 23.

13-2-126. Reports and session laws furnished. (1) The legal custodian of publications of the state of Colorado is directed to furnish to the law library of the university of Colorado free of charge from existing stocks if feasible and in any event as such publications are from time to time issued:

(a) Thirty copies each of the reports of the supreme court of the state of Colorado; and

(b) Fifty copies of any published regulations and decisions of the various administrative agencies of the state of Colorado; and

(b.5) Such number of copies, not to exceed fifty, of the session laws of Colorado as the law librarian for the university of Colorado may from time to time request; and

(c) Five copies each of the Colorado yearbook; and

(d) Two copies each of published legislative journals, published opinions and reports of the attorney general, and printed briefs and abstracts of record of the supreme court of Colorado.

(2) The law library is authorized to exchange any or all of the above publications for like publications of other jurisdictions.

Source: L. 15: p. 482, § 1. C.L. § 5655. CSA: C. 46, § 48. L. 49: p. 338, § 1. CRS 53: § 37-2-32. C.R.S. 1963: § 37-2-25. L. 75: IP(1) amended, p. 851, § 3, effective July 1. L. 2015: (1)(b) amended and (1)(b.5) added, (SB 15-264), ch. 259, p. 948, § 28, effective August 5.

13-2-127. Method for review. Appellate review by the supreme court of any action or proceeding of an inferior tribunal, whether such action or proceeding is civil, criminal, special, statutory, common law, or otherwise, shall be prescribed by rule of the supreme court, except as otherwise provided by law.

Source: L. 41: p. 369, § 1. CRS 53: § 37-2-33. C.R.S. 1963: § 37-2-26. L. 64: p. 225, § 58. L. 69: p. 269, § 7.

ARTICLE 3

Judicial Departments

13-3-101. State court administrator - duties - report - definitions - repeal. (1) There is created, pursuant to section 5 (3) of article VI of the state constitution, the position of state court administrator, who is appointed by the justices of the supreme court at such compensation as is determined by them. The state court administrator is responsible to the supreme court, and in addition to the duties described within this section, the state court administrator shall perform the duties assigned to him or her by the chief justice and the supreme court.

(2) The state court administrator shall employ such other personnel as the supreme court deems necessary to aid the administration of the courts, as provided in section 5 (3) of article VI of the state constitution.

(3) The state court administrator shall establish standards to ensure proficiency in court reporting in the courts of this state. The state court administrator shall also develop or cause to be developed examinations no less difficult than the examinations of the national shorthand reporters association and shall qualify those individuals who successfully complete such examination.

(3.5) (a) As required by a chief justice directive, the state court administrator is responsible for accepting complaints regarding violations of a chief justice directive concerning child and family investigators appointed by the court pursuant to section 14-10-116.5 and parental responsibilities evaluators appointed by the court pursuant to section 14-10-127 in courts involved with the allocation of parental responsibilities pursuant to dissolution of marriage proceedings. The state court administrator is authorized to administer appropriate sanctions established pursuant to chief justice directive. The state court administrator is not responsible for accepting complaints regarding conduct that is regulated by a child and family investigator's or parental responsibilities evaluator's professional regulatory authority.

(b) As a part of the judicial department's SMART Act hearing required by section 2-7-203, during the 2025 regular legislative session, and each regular legislative session thereafter, the judicial department shall report on the total number of child and family court investigators appointed by the court pursuant to section 14-10-116.5 and parental responsibilities evaluators appointed by the court pursuant to section 14-10-127, eligibility rosters established pursuant to a chief justice directive, the number of complaints received by the state court administrator in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators, and the number of founded complaints and sanctions issued as a result of those complaints in the preceding calendar year regarding child and family court investigators and parental responsibilities evaluators.

(c) The state court administrator shall publish and annually update on the judicial department's public website a summary of the actions taken in the year preceding the first publication, or since the latest updated publication, concerning actions taken by the judicial department to comply with recommendations made by the task force to study victim and survivor awareness and responsiveness training requirements for judicial personnel, created pursuant to House Bill 23-1108.

(4) Repealed.

(5) The state court administrator shall provide to the director of research of the legislative council criminal justice information and statistics and any other related data requested by the director. The state court administrator shall provide to the state commission on judicial performance and to district commissions on judicial performance, established in section 13-5.5-104, case management statistics for justices and judges who are being evaluated.

(6) The state court administrator shall make grants from the family violence justice fund pursuant to the provisions of section 14-4-107, C.R.S.

(7) (a) The state court administrator shall make grants from the family-friendly court program cash fund pursuant to the provisions of section 13-3-113.

(b) Repealed.

(7.5) The state court administrator shall make grants from the eviction legal defense fund pursuant to the provisions of section 13-40-127.

(8) Repealed.

(9) The state court administrator is authorized to seek federal funding as it becomes available on behalf of the state court system for the establishment, maintenance, or expansion of veterans' treatment courts.

(10) Repealed.

(11) (a) There is created in the office of the state court administrator a position responsible for education and outreach regarding judicial office vacancies. The position shall create and deliver educational programming for attorneys and law students regarding judicial vacancies and the application process.

(b) (I) The position shall report on or before October 1, 2020, and on or before October 1 each year thereafter through 2030, to the chief justice of the supreme court and the judiciary committees of the house of representatives and senate, or any successor committees, concerning the background, professional history, and qualifications of judicial officers in the state. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this section continues until the repeal of this subsection (11)(b) pursuant to subsection (11)(b)(II) of this section.

(II) This subsection (11)(b) is repealed, effective January 1, 2031.

(12) (a) On or before November 1, 2019, and on or before each November 1 thereafter, the state court administrator shall submit a report to the joint budget committee of the general assembly and the judiciary committees of the house of representatives and the senate, or any successor committees, on case management statistics for the prior state fiscal year that includes:

(I) The total number and types of:

(A) New district court cases assigned;

(B) District court cases resolved; and

(C) District court cases remaining on the docket; and

(II) For each judicial district and each district court judge the total number and types of:

(A) New district court cases assigned;

(B) District court cases resolved; and

(C) District court cases remaining on the docket.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report required in subsection (12)(a) of this section continues indefinitely.

(13) The state court administrator or the administrator's designee shall present at the judicial department's hearing pursuant to section 2-7-203 statistics related to extreme risk protection orders in article 14.5 of this title 13. The statistics must include the number of petitions filed for temporary extreme risk protection orders, the number of petitions filed for extreme risk protection orders, the number of temporary extreme risk protection orders issued and denied, the number of extreme risk protection orders issued and denied, the number of temporary extreme risk protection orders terminated, the number of extreme risk protection orders terminated, and the number of extreme risk protection orders renewed. The state court administrator or the administrator's designee shall also report state court data related to all persons who are subject to any temporary emergency risk protection order or emergency risk protection order and who, within thirty days after the issuance or execution of the protection order, are charged with a criminal offense. The report must include the nature of the criminal offense, including but not limited to any offense for violation of the emergency risk protection order and the disposition or status of that criminal offense.

(13.5) Notwithstanding section 24-1-136 (11)(a)(I), during the 2026 regular session and each regular session thereafter, the state court administrator or the administrator's designee shall present at the judicial department's SMART Act hearing pursuant to section 2-7-203 the following statistics concerning restitution for each of the previous five state fiscal years:

(a) For cases that were eligible for a restitution order:

(I) The number of cases;

(II) The number of cases in which restitution was requested;

(III) The number of cases in which restitution was ordered; and

(IV) The number of cases in which restitution was not requested;

(b) The amount of restitution paid to:

(I) Individuals; and

(II) Insurance companies;

(c) The percentage of individuals owing restitution who are:

(I) Asian;

(II) Black;

(III) American Indian;

(IV) Caucasian;

(V) Other race;

(VI) Unknown race;

(VII) Hispanic;

(VIII) Male;

(IX) Female;

(X) Under twenty-five years of age;

(XI) At least twenty-five years of age but under forty years of age;

(XII) At least forty years of age but under sixty years of age; and

(XIII) Sixty years of age or older;

(d) For individuals who owe restitution, the percentage of individuals who owe restitution in each county;

(e) For individuals who are in default on restitution payments for more than thirty days:

(I) The number of individuals in default;

(II) The percentage of individuals in default who are:

(A) Asian;

(B) Black;

(C) American Indian;

(D) Caucasian;

(E) Other race;

(F) Unknown race;

(G) Hispanic;

(H) Male;

(I) Female;

(J) Under twenty-five years of age;

(K) At least twenty-five years of age but under forty years of age;

(L) At least forty years of age but under sixty years of age; and

(M) Sixty years of age or older;

(III) The total principal amount and the total interest owed by the individuals in default;

(IV) The average length of time that the individuals have been in default; and

(f) For individuals who are in default on restitution payments, the percentage of individuals who are in default in each county.

(14) (a) (I) On and after January 1, 2020, the state court administrator shall administer a court reminder program in at least four judicial district courts to remind criminal defendants and juvenile participants to appear at each of their scheduled court appearances and to provide reminders about an unplanned court closure. The objective of such reminders is to significantly reduce the number of criminal defendants and juvenile participants who are taken into custody solely as a result of their failure to appear in court. No later than July 1, 2020, the program must be administered in every eligible court, as defined in subsection (14)(h) of this section, in the state.

(II) The state court administrator shall issue a request for proposal to choose a third-party vendor to develop and operate the court reminder program. At the conclusion of the request for proposal process, the state court administrator may choose to develop and operate the program without utilizing a third-party vendor.

(III) Each court participating in the court reminder program shall enroll every criminal defendant and juvenile participant in the program. A criminal defendant or juvenile participant may opt out of participating in the program.

(IV) The program shall send reminders to the best contact information available to the court. Before sending reminders for the defendant's or participant's first court appearance, the program shall make all reasonable efforts to ensure that the program has the same contact information available to the court, including contact information provided by a criminal defendant or juvenile participant to a law enforcement agency on a summons or by any other means.

(b) In administering the program, the state court administrator shall use text messages to remind criminal defendants and juvenile participants who have the capacity to receive text messages of court dates and unplanned court closures. A text message reminder must be sent to the best phone number available to the court. In addition, or when a defendant or juvenile participant is unable to receive text messages, the state court administrator, at the administrator's discretion, may use other communication methods, including telephone, email, or other internet-based technology, to remind defendants and juvenile participants of court dates and unplanned court closures.

(c) The program must:

(I) (A) Provide at least three reminders for all court appearances, including the first court appearance, for criminal defendants and juvenile participants in an eligible court. One reminder must be sent the day before the court appearance. The reminders must include at least the date, location, and time of the court appearance and contact information for questions related to the court appearance.

(B) Notwithstanding the requirement in subsection (14)(c)(I)(A) of this section, the program is not required to send more than two reminders within seven days before a court appearance or more than one reminder within forty-eight hours before a court appearance.

(I.5) For court appearances that can be attended virtually, provide the link to the virtual court appearance in, at least, the final reminder sent before the appearance;

(II) Provide an alert to a defendant or juvenile participant who misses court that the defendant or juvenile has missed court and that the defendant or juvenile should immediately contact his or her attorney, if the defendant or juvenile has one, or the court to determine next steps;

(III) Identify each instance in which a criminal defendant or juvenile participant was sent a text message reminder to a working mobile telephone number;

(IV) Identify defendants and juvenile participants with upcoming court appearances who cannot be reached and, as resources allow, attempt to acquire current contact information;

(V) Collect data concerning the number of criminal defendants and juvenile participants who fail to appear at their scheduled court appearances despite having been sent one or more reminders to a working telephone number; and

(VI) Collect data concerning the number of criminal defendants and juvenile participants who opt out of the program and, if possible, their reasons for opting out.

(d) Each eligible court shall utilize the reminder services of the state court administrator described in this subsection (14) unless the court chooses to opt out and has its own procedure for using text messaging to remind all criminal defendants and juvenile participants to appear at their scheduled court appearances and remind them of an unplanned court closure.

(e) On and after January 1, 2020, the state court administrator shall track data in each eligible court concerning the failure of criminal defendants and juvenile participants to appear for their scheduled court appearances.

(f) In its annual report to the committees of reference pursuant to section 2-7-203, the judicial department shall include information concerning the activities of the state court administrator pursuant to this subsection (14). To the extent practicable, the report must include:

(I) The number of reminders sent to a criminal defendant's or juvenile participant's working telephone number in each eligible court;

(II) The number of criminal defendants and juvenile participants in each eligible court who failed to appear for a court hearing;

(III) The number of criminal defendants and juvenile participants in each eligible court who were sent a reminder to a working telephone number from the program but who nonetheless failed to appear for a court hearing;

(IV) Any other data collected by the state court administrator that the state court administrator determines to be useful to the general assembly in assessing the effectiveness of the program at reducing the number of criminal defendants and juvenile participants who fail to appear for their court appearances and reducing the number of criminal defendants and juvenile participants who are jailed for failure to appear at a court appearance;

(V) The number of criminal defendants and juvenile participants who opt out of the program, the reasons they elected to opt out, and recommendations for changes to increase participation in the program and reduce the number of criminal defendants and juvenile participants who opt out; and

(VI) If, at the state court administrator's discretion, the program sends any reminders by communication methods other than text message, the number of criminal defendants and juvenile participants who were sent a reminder other than a text message reminder, the communication method used, and whether the defendants or participants failed to appear at their scheduled court appearance.

(g) Nothing in this subsection (14) creates a right for any criminal defendant or juvenile participant to receive a reminder from the program.

(h) As used in this subsection (14), unless the context otherwise requires:

(I) Criminal defendant includes a person alleged to have committed a traffic offense but does not include a person alleged to have committed a traffic infraction.

(II) Eligible court means a district court, county court, or municipal court that uses the integrated Colorado online network that is the judicial department's case management system.

(III) Juvenile participant means a juvenile who has been alleged to have committed a delinquent act, as defined in section 19-2.5-102, or a traffic offense, who is required to appear before an eligible court. Juvenile participant includes the juvenile's parent, guardian, or legal custodian. Juvenile participant does not include a juvenile alleged to have committed a traffic infraction.

(i) Repealed.

(15) The state court administrator shall administer the Colorado Electronic Preservation of Abandoned Estate Planning Documents Act, article 23 of title 15.

(16) Repealed.

(17) The state court administrator shall have the capabilities within the existing statewide court data system to indicate court liaison appointment and actions related to the appointment in cases.

Source: L. 53: p. 236, § 1. CRS 53: § 37-10-1. L. 59: p. 356, § 1. L. 67: p. 453, § 5. C.R.S. 1963: § 37-11-1. L. 77: (3) added, p. 779, § 1, effective June 19; (4) added, p. 861, § 1, effective July 1, 1979. L. 79: (4)(a)(III) amended, p. 1663, § 130, effective July 1. L. 84: (4) repealed, p. 453, § 1, effective March 26. L. 94: (5) added, p. 1098, § 11, effective May 9. L. 99: (6) added, p. 1180, § 6, effective June 2. L. 2002: (7) added, p. 631, § 2, effective July 1. L. 2005: (7)(b) repealed, p. 1004, § 2, effective June 2. L. 2006: (8) added, p. 1590, § 1, effective June 2. L. 2008: (5) amended, p. 1284, § 13, effective July 1. L. 2010: (9) added, (HB 10-1104), ch. 139, p. 465, § 2, effective April 16. L. 2017: (5) amended, (HB 17-1303), ch. 331, p. 1780, § 2, effective August 9. L. 2018: (10) added, (SB 18-056), ch. 298, p. 1820, § 4, effective August 8. L. 2019: (11) and (12) added, (SB 19-043), ch. 41, p. 142, § 11, effective March 21; (13) added, (HB 19-1177), ch. 108, p. 399, § 2, effective April 12; (7.5) added, (SB 19-180), ch. 372, p. 3391, § 3, effective May 30; (1) amended and (14) added, (SB 19-036), ch. 293, p. 2684, § 1, effective August 2; (15) added, (HB 19-1229), ch. 252, p. 2446, § 2, effective January 1, 2023 (see editor's note). L. 2021: (16) added, (HB 21-1106), ch. 39, p. 148, § 6, effective July 1; (14)(h)(II) amended, (SB 21-059), ch. 136, p. 709, § 7, effective October 1. L. 2022: (14)(a)(III), (14)(b), (14)(c)(I), (14)(c)(IV), (14)(c)(V), (14)(f)(III), and (14)(h) amended and (14)(a)(IV), (14)(c)(VI), (14)(f)(V), (14)(f)(VI), and (14)(i) added, (SB 22-018), ch. 191, p. 1270, § 1, effective July 15; (14)(c)(I.5) added (SB 22-018), ch. 191, p. 1270, § 1, effective October 15. L. 2023: (17) added, (SB 23-229), ch. 119, p. 442, § 3, effective April 27; (13) R&RE, (SB 23-170), ch. 124, p. 481, § 4, effective April 28. L. 2024: (3.5) added, (HB 24-1350), ch. 344, p. 2345, § 8, effective August 7. L. 2025: (13.5) added, (HB 25-1081), ch. 33, p. 171, § 1, effective August 6.

Editor's note: (1) The effective date for amendments made to this section by chapter 216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

(2) Subsection (8)(b) provided for the repeal of subsection (8), effective January 1, 2007. (See L. 2006, p. 1590.)

(3) Subsection (15) was numbered as (14) in HB 19-1229 but was renumbered on revision for ease of location.

(4) Subsection (10)(c) provided for the repeal of subsection (10), effective June 30, 2019. (See L. 2018, p. 1820.)

(5) Subsection (15) was added by HB 19-1229, effective January 1, 2021, but the effective date was subsequently amended to January 1, 2023, in section 2 of HB 20-1368. (See L. 2020, p. 1441.)

(6) Subsection (16)(b) provided for the repeal of subsection (16), effective December 31, 2024. (See L. 2021, p. 148.)

(7) Subsection (14)(i)(VII) provided for the repeal of subsection (14)(i), effective June 30, 2025. (See L. 2022, p. 1270.)

Cross references: (1) For the legislative declaration in the 2010 act adding subsection (9), see section 1 of chapter 139, Session Laws of Colorado 2010. For the legislative declaration in SB 19-180, see section 1 of chapter 372, Session Laws of Colorado 2019. For the legislative declaration in HB 24-1350, see section 1 of chapter 344, Session Laws of Colorado 2024.

(2) For the short title (Promoting Child Safety Through Responsible Firearm Storage Act) and the legislative declaration in HB 21-1106, see sections 1 and 2 of chapter 39, Session Laws of Colorado 2021.

13-3-102. Surveys - conferences - reports. (1) The state court administrator under the direction of the chief justice shall make a continuous survey of the conditions of the dockets and the business of the courts of record and shall make reports and recommendations thereon to the chief justice.

(2) The chief justice shall assemble the judges of the courts of record at least once yearly to discuss such recommendations and such other business as will benefit the judiciary and the expedition of the business of the several courts. When so summoned, the judges of the courts of record shall attend such conferences at the expense of the state of Colorado. Each judge shall file a verified itemized statement of the mileage and all moneys actually paid out for personal maintenance expenses in attending such conferences with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Unless excused by illness, such judges are required to attend the conferences unless excused by the chief justice.

(3) Repealed.

Source: L. 53: p. 236, § 2. CRS 53: § 37-10-2. L. 59: p. 357, § 1. C.R.S. 1963: § 37-11-2. L. 67: p. 453, § 6. L. 97: (3) repealed, p. 1482, § 37, effective June 3.

13-3-103. Nominating and discipline commissions - expenses. (1) Members of judicial nominating commissions appointed pursuant to section 24 of article VI of the state constitution and members of the commission on judicial discipline appointed pursuant to section 23 of article VI of the state constitution shall be reimbursed for actual and necessary personal maintenance expenses while performing official duties, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where official duties are performed.

(2) The mileage and expenses incurred by members of judicial nominating commissions and members of the commission on judicial discipline shall be paid from funds appropriated to the judicial department of the state. Each commission member shall keep an account of the mileage and all moneys actually paid out for personal maintenance expenses and shall file a verified itemized statement thereof with the court administrator, who shall audit the same and submit it to the state controller. The state controller shall draw a warrant therefor, which warrant shall be paid by the state treasurer out of the appropriate fund.

Source: L. 53: p. 237, § 3. CRS 53: § 37-10-3. L. 59: p. 358, § 1. L. 67: p. 454, § 7. C.R.S. 1963: § 37-11-3. L. 72: p. 590, § 55. L. 79: (1) amended, p. 597, § 8, effective July 1. L. 87: Entire section amended, p. 1576, § 12, effective July 10.

13-3-104. State shall fund courts. (1) The state of Colorado shall provide funds by annual appropriation for the operations, salaries, and other expenses of all courts of record within the state, except for county courts in the city and county of Denver and municipal courts.

(2) When a board of county commissioners determines that any furniture or equipment transferred to the judicial department as of January 1, 1970, has historic value, it shall remain in the county courthouse and revert to the county when no longer used by the judicial department.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-6. L. 77: Entire section amended, p. 780, § 1, effective May 24. L. 2006: (1) amended, p. 141, § 6, effective August 7.

13-3-105. Personnel - duties - qualifications - compensation - conditions of employment. (1) The supreme court, pursuant to section 5 (3) of article VI of the state constitution, shall prescribe, by rule, a personnel classification plan for all courts of record to be funded by the state, as provided in section 13-3-104.

(2) Such personnel classification and compensation plan shall include:

(a) A basic compensation plan of pay ranges to which classes of positions are assigned and may be reassigned;

(b) The qualifications for each position or class of positions, including education, experience, special skills, and legal knowledge;

(c) An outline of the duties to be performed in each position or class of positions;

(d) The classification of all positions based on the required qualifications and the duties to be performed, taking into account, where applicable, the amount and kinds of judicial business in each court of record subject to the provisions of this section;

(e) The number of full-time and part-time positions, by position title and classification, in each court of record subject to the provisions of this section;

(f) The procedures for and the regulations governing the appointment and removal of court personnel; and

(g) The procedures for and regulations governing the promotion or transfer of court personnel.

(3) The supreme court shall also prescribe by rule:

(a) The amount, terms, and conditions of sick leave and vacation time for court personnel, including annual allowance and accumulation thereof; and

(b) Hours of work and other conditions of employment.

(4) To the end that all state employees are treated generally in a similar manner, the supreme court, in promulgating rules as set forth in this section, shall take into consideration the compensation and classification plans, vacation and sick leave provisions, and other conditions of employment applicable to employees of the executive and legislative departments.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-7.

13-3-106. Judicial department operating budget - fiscal procedures. (1) (a) The court administrator, subject to the approval of the chief justice, shall prepare annually a consolidated operating budget for all courts of record subject to the provisions of section 13-3-104, such budget to be known as the judicial department operating budget.

(b) The court administrator, subject to the approval of the chief justice, shall prepare an annual budget request upon forms and according to procedures agreed to by the executive director of the department of personnel and the joint budget committee of the general assembly. The budget request documents and such additional information as may be requested shall be submitted to the department of personnel and the joint budget committee according to the same time schedule for budgetary review and analysis required of all executive agencies. The governor shall include recommendations for court appropriations as part of his or her regular budget message and according to section 24-37-301, C.R.S. The general assembly, upon recommendation of the joint budget committee, shall make appropriations to courts based on an evaluation of the budget request and the availability of state funds.

(2) The court administrator, subject to the approval of the chief justice, shall prescribe the procedures to be used by the judicial department and each court of record subject to the provisions of section 13-3-104, with respect to:

(a) The preparation of budget requests;

(b) The disbursement of funds appropriated to the judicial department by the general assembly;

(c) The purchase of forms, supplies, equipment, and other items as authorized in the judicial department operating budget; and

(d) Any other matter relating to fiscal administration.

(3) The court administrator shall consult with the state controller in the preparation of regulations pertaining to budgetary and fiscal procedures and forms and the disbursement of funds.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-8. L. 72: p. 590, § 56. L. 76: (1)(b) amended, p. 301, § 28, effective May 20. L. 83: (1)(b) amended, p. 971, § 27, effective July 1, 1984. L. 95: (1)(b) amended, p. 638, § 24, effective July 1.

Cross references: For the legislative declaration contained in the 1995 act amending subsection (1)(b), see section 112 of chapter 167, Session Laws of Colorado 1995.

13-3-107. Consolidation of offices of clerks of court in certain counties. (1) The chief justice, pursuant to his authority under section 5 of article VI of the state constitution, may consolidate the offices of the clerks of the district and county courts in any county when he finds that there is insufficient judicial business to warrant the maintenance of separate offices.

(2) When the offices of the clerk of the district and county courts are so consolidated, the consolidated office shall be under a single clerk, who shall be both the clerk of the district court and the clerk of the county court; except that all functions, operations, and records required to be kept separate shall be so kept.

Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-9. L. 79: (1) amended, p. 598, § 9, effective July 1.

13-3-108. Maintenance of court facilities - capital improvements. (1) The board of county commissioners in each county shall continue to have the responsibility of providing and maintaining adequate courtrooms and other court facilities including janitorial service, except as otherwise provided in this section.

(2) The court administrator, subject to the approval of the chief justice, shall prepare annually a capital construction budget. The capital construction budget shall specify: The additional court housing facilities required for each court; the estimated cost of such additional structures or facilities and whether such additional court structures or facilities will include space used by other governmental units for nonjudicial purposes; and a detailed report on the present court facilities currently in use and the reasons for their inadequacy.

(3) (Deleted by amendment, L. 97, p. 1482, § 38, effective June 3, 1997.)

(4) (a) The chief justice is authorized to approve payment of state funds for the construction of any capital improvement facilities to be used for judicial purposes authorized and approved by the general assembly.

(b) The court administrator, with the approval of the chief justice, shall enter into leasing agreements with the governing body of the appropriate local unit of government when joint construction is authorized, or when the approved facilities are also to be used for nonjudicial purposes. The leasing agreement shall provide for the payment of state funds for that portion of the construction costs related to the operation of the courts.

(5) Construction or remodeling of any court or court-related facility shall be commenced only with prior approval of the chief justice of the Colorado supreme court after consultation with the board of county commissioners; except that a board of county commissioners, at its discretion, may take such actions.

Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-10. L. 72: p. 591, § 57. L. 75: (5) added, p. 565, § 1, effective July 1; (5) added, p. 558, § 9, effective July 1. L. 78: (2) and (3) amended, p. 261, § 43, effective May 23. L. 97: (2) and (3) amended, p. 1482, § 38, effective June 3. L. 2006: (5) amended, p. 142, § 7, effective August 7.

Editor's note: Amendments to subsection (5) by House Bill 75-1049 and House Bill 75-1055 were harmonized.

13-3-109. Retirement - past service benefits. (1) Past service benefits in the public employees' retirement association shall be purchased for each employee covered under sections 13-3-104 and 13-3-105 who, on January 1, 1970, meets all of the following conditions:

(a) Is sixty years of age or older;

(b) Was not a member of a county or a city and county retirement plan, or, if a member, is not eligible to receive a deferred annuity;

(c) If a member of a county or a city and county retirement plan, has withdrawn the funds credited to his account with the county or city and county retirement fund, and paid the full amount thereof, exclusive of any voluntary contributions to such county or city and county retirement plan, into the public employees' retirement association, or who withdraws such funds and deposits them with the public employees' retirement association no later than March 31, 1970.

(2) (a) When an employee meets all of the conditions in subsection (1) of this section, the public employees' retirement association shall grant him prior service credit based on length of service in a court, or department thereof, covered under sections 13-3-104 and 13-3-105, up to a maximum of five years.

(b) The public employees' retirement association shall calculate the cost of granting such prior service credit to each employee, after giving credit for the amount paid, if any, by the employee, and shall bill the judicial department for such cost. In the event that the cost for an employee is less than the amount paid in by him pursuant to subsection (1)(c) of this section, the treasurer of the public employees' retirement association shall instead refund the difference to the employee.

(c) The judicial department shall include the total of such billings in its appropriation request. The grant of prior service credits provided in paragraph (a) of this subsection (2) shall be made only if an appropriation therefor is made by the general assembly.

(3) (a) Any employee under the age of sixty years covered under sections 13-3-104 and 13-3-105 who has been a member of a county or city and county retirement plan may purchase prior service credit by withdrawing the funds credited to his account with the county or city and county retirement fund and paying the full amount thereof into the public employees' retirement fund.

(b) The public employees' retirement association shall calculate the amount of prior service credit purchased by an employee as provided in paragraph (a) of this subsection (3) and shall so notify him.

(c) An employee covered under sections 13-3-104 and 13-3-105 may also purchase prior service credit, not to exceed the actual number of years of employment in a court of record, or department thereof, by making a direct payment to the public employees' retirement association in an amount determined by the public employees' retirement association to be actuarially sound and without expense to the state.

(4) For the purposes set forth in article 51 of title 24, C.R.S., the employees for whom prior service credit is granted under this section shall be considered to have been employees of the state for the period of such prior service.

Source: L. 69: p. 248, § 4. C.R.S. 1963: § 37-11-11. L. 79: (3)(c) amended, p. 603, § 1, effective June 19. L. 87: (1)(c), (2)(b), (3)(c), and (4) amended, p. 1091, § 5, effective July 1.

13-3-110. Expenses and compensation of judges outside county of residence. (1) When it is necessary for any district court judge, in the discharge of his duties, to hold court or transact judicial business outside the county of his residence, whether within or without the judicial district in which he resides, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled going to and returning from the place where he is engaged in judicial duties.

(2) When any county judge, juvenile court judge, or probate court judge is assigned to perform judicial duties in a court outside of his county of residence pursuant to section 5 (3) of article VI of the state constitution, he shall be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled going to and returning from the place where he is engaged in judicial duties.

(3) (a) When any county judge is assigned to perform judicial duties in a district, probate, or juvenile court outside of the judicial district in which he resides, as provided in section 13-6-218, he shall be paid for each day of such judicial duty, in addition to reimbursement for expenses and mileage as provided in this section, an amount equal to the difference between his per diem salary and the per diem salary of the judge of the court to which he is assigned.

(b) (I) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any district court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of the judge of the district court to which the county judge is assigned.

(II) When any county judge from a county of Class C or Class D is assigned to perform judicial duties in any other county court pursuant to section 5 (3) of article VI of the state constitution, and when the duties the county judge performs increase the county judge's workload beyond the percentage of workload for which he or she is paid pursuant to section 13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to the county judge's normal part-time salary and to reimbursement for expenses and mileage as provided in this section, an amount equal to the per diem salary of a full-time county judge.

(c) For the purposes of this subsection (3), the per diem salary of a judge shall be computed by dividing his annual salary by the figure two hundred forty.

(4) When a retired justice of the supreme court or retired judge of any other court of record is assigned to judicial duties pursuant to section 5 (3) of article VI of the state constitution, he shall be compensated as provided in said section and be reimbursed for his actual and necessary expenses in the manner prescribed by rule of the supreme court, together with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily traveled in going to and returning from the place where he is engaged in judicial duties.

(5) Any mileage and expenses incurred by a judge or a retired justice or judge pursuant to this section, except judges assigned to the county court of the city and county of Denver, shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payment shall be prescribed by the state court administrator pursuant to section 13-3-106.

(6) Any per diem salary pursuant to subsection (3) or (4) of this section shall be paid by the state pursuant to section 13-3-104. The records and procedures for such payments shall be prescribed by the state court administrator pursuant to section 13-3-106.

Source: L. 71: p. 366, § 1. C.R.S. 1963: § 37-11-12. L. 72: p. 187, § 1. L. 79: (1), (2), and (4) amended, p. 598, § 10, effective July 1. L. 82: (3)(b) amended, p. 289, § 1, effective March 17. L. 85: (2) and (3)(a) amended, p. 569, § 2, effective November 14, 1986. L. 89: (1), (2), and (4) amended, p. 747, § 1, effective July 1. L. 97: (3)(b) amended, p. 768, § 3, effective July 1, 1998.

Cross references: For compensation of justices and judges, see § 13-30-103.

13-3-111. Appointment of retired or resigned justice or judge pursuant to agreement of parties - appointment discretionary. (1) Upon agreement of all appearing parties to a civil action that a specific retired or resigned justice of the supreme court or a retired or resigned judge of any other court be assigned to hear the action and upon agreement that one or more of the parties shall pay the agreed upon salary of the selected justice or judge, together with all other salaries and expenses incurred, the chief justice may assign any retired or resigned justice or retired or resigned intermediate appellate, district, county, probate, or juvenile court judge who consents temporarily to perform judicial duties for such action.

(2) The decision as to whether a retired or resigned justice or judge shall be assigned to judicial duties, pursuant to subsection (1) of this section, shall be entirely within the discretion of the chief justice. The chief justice may require such undertakings as in his or her opinion may be necessary to ensure that proceedings held pursuant to this section shall be without expense to the state.

(3) Such appointment may be made at any time after the action is at issue.

(4) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section shall have the same force and effect as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly serving judge.

(5) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided over by a judge appointed pursuant to this section may be enforced or appealed in the same manner as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly sitting judge.

(6) The salaries and expenses paid to judges appointed pursuant to this section shall be at the rate agreed upon by the parties and the judge.

(7) The supreme court may promulgate such rules as may be necessary to implement this section.

Source: L. 81: Entire section added, p. 875, § 1, effective May 26. L. 96: (1) to (3) and (6) amended, p. 128, § 1, effective August 7. L. 98: Entire section amended, p. 92, § 1, effective March 23.

13-3-112. Report on increase in docket fees. (Repealed)

Source: L. 90: Entire section added, p. 851, § 10, effective May 31. L. 96: Entire section repealed, p. 1267, § 187, effective August 7.

13-3-113. Family-friendly courts. (1) Short title. This section shall be known and may be cited as the Family-friendly Courts Act.

(2) Legislative declaration. (a) The general assembly hereby finds and declares that many families experience challenges and transitions with legal ramifications that often necessitate court involvement. Frequently individuals and family members attend court or visit other governmental offices for juvenile delinquency proceedings, domestic relations proceedings, protective proceedings related to domestic abuse or domestic violence, child protection proceedings, meetings with probation officers, and other matters. Many persons who attend court proceedings are responsible for the care of young children. For many such individuals, child care issues can distract from, if not present obstacles or even barriers to, effective and complete participation in ongoing court proceedings. The general assembly finds that these issues were acknowledged and addressed in the 1999 report entitled Creating Family Friendly Courts in Colorado: Children's Centers for the Courthouse, which report was submitted by the Colorado supreme court family friendly facilities task force and which report recommended the establishment of children's centers in courthouses.

(b) The general assembly further finds that the same individuals who are in need of child care services when they are participating in court proceedings may also benefit from the availability of information and resource referrals relating to certain types of services within the community, including services addressing at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse.

(c) The general assembly further finds that individuals who are involved in court proceedings may have additional court-ordered service needs involving their children, including, but not limited to, supervised parenting time and the transfer of the physical custody of a child from one parent to the other.

(d) The general assembly therefore determines and declares that the creation of family-friendly court programs is beneficial to and in the best interests of the citizens of Colorado. The general assembly further finds that the goal of such programs shall primarily be providing quality child care in or near courthouses to the children of individuals and families who attend court-related proceedings but that such programs may also provide additional court-related family services at the facility and serve as a clearinghouse of information and resource referrals for program patrons concerning the wide variety of available services in the community, including services that provide help to at-risk youth; educational services; health services; behavioral, mental health, and substance use disorder services; legal services; and domestic abuse information.

(3) Definitions. For purposes of this section:

(a) At-risk youth means a person who is five years of age or older but under twenty-five years of age and who is experiencing poverty, exposure to substance use, family conflict, association with peers who are justice-involved, disciplinary issues, or child abuse or neglect.

(b) Domestic abuse shall have the same meaning as set forth in section 13-14-101 (2).

(c) Domestic violence shall have the same meaning as set forth in section 18-6-800.3 (1), C.R.S.

(d) Family-friendly court services means child care and court-related family services provided in the courthouse or courthouse complex or in reasonable proximity to the courthouse.

(e) Program means the family-friendly court program established pursuant to this section.

(4) Provision of family-friendly court services. There is hereby created the family-friendly court program. The purpose of the program shall be to provide quality family-friendly court services to families and the children of individuals who are attending court proceedings or related matters and to serve as a central location for the dissemination of information to families about resources and services relating to at-risk youth, employment counseling, employment training and placement, health education and counseling, financial management, education, legal counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs, and substance abuse. Grants awarded pursuant to this section shall be used to establish and maintain new family-friendly court programs in judicial districts throughout the state that do not have comparable existing programs, as well as to enhance existing family-friendly court programs.

(5) Grant applications - duties of judicial districts. (a) To be eligible for moneys from the family-friendly court program cash fund, created in subsection (6) of this section, for the provision of family-friendly court services, a judicial district shall apply to the state court administrator in accordance with the timelines and guidelines adopted by the state court administrator, using an application form provided by the state court administrator.

(b) The state court administrator, in determining which judicial districts may receive grant money pursuant to this section, shall consider the extent that a judicial district is responsible for:

(I) Actively recruiting qualified and skilled child care providers to provide quality child care services to families and children of individuals who are attending court proceedings or related matters;

(II) Conducting the necessary criminal history checks through the Colorado bureau of investigation and hiring qualified and appropriate child care providers;

(III) Selecting and establishing a safe physical location in the courthouse or in the courthouse complex or in reasonable proximity to the courthouse, for the provision of child care services;

(IV) When reasonably practicable in consideration of funding, staffing, and assistance from other public and private organizations, providing additional court-related family services to families and children experiencing the challenges and transitions that necessitate court involvement, including, but not limited to, supervised parenting time and transfer of the physical custody of a child from one parent to the other;

(V) Soliciting information from community-based organizations, faith communities, governmental entities, schools, community mental health centers, local nonprofit or not-for-profit agencies, local law enforcement agencies, businesses, and other community service providers about the following services and resources for the purpose of providing such information to patrons of the family-friendly court services:

(A) Youth services, including but not limited to youth mentoring services, services to prevent or reduce youth crime and violence, student dropout prevention and intervention services, and any other services that may be available in the community, the goal and purpose of which are to assist at-risk youth;

(B) Multipurpose service centers for displaced homemakers pursuant to article 15.5 of title 8, C.R.S., and other information to assist displaced homemakers, which information shall relate to employment counseling, employment training, employment placement, health education and counseling services, financial management services, educational services, and legal counseling and services;

(C) Information related to health insurance and health-care coverage, including but not limited to the children's basic health plan and dental health plan, established pursuant to article 8 of title 25.5, C.R.S., and children eligible for the medical assistance program pursuant to article 5 of title 25.5, C.R.S.;

(D) Substance use disorder programs that are available in the community;

(E) Services and potential financial resources that may be available for victims of domestic abuse or domestic violence, including but not limited to counseling for persons who are victims of domestic abuse and their dependents, advocacy programs that assist victims in obtaining services and information, and educational services for victims of domestic violence;

(F) Fatherhood programs that are available in the community; and

(G) Any other services that would be beneficial to families experiencing challenges and transition necessitating court involvement, including but not limited to family stabilization services as provided in section 19-1-125, C.R.S., and mediation services; and

(VI) Providing to persons staffing the program training and ongoing support with regard to the available resources and additional referrals provided through the program at each court location.

(c) The judicial districts that are selected by the state court administrator to provide family-friendly court services shall be responsible for:

(I) Implementing a method of evaluating the effectiveness of the family-friendly court program and assessing the impact of the child care and informational services provided through the program; and

(II) Reporting annually to the state court administrator concerning the results of the judicial district's evaluation of the family-friendly court program as well as an accounting of fiscal contributions received and expenditures made by the judicial district for the implementation, administration, and maintenance of the program and such other information that the state court administrator may require or that the judicial district determines to be relevant and informative.

(d) The judicial districts that are selected by the state court administrator to provide family-friendly court services that provide child care services shall meet the licensing requirements for child care facilities set forth in part 3 of article 5 of title 26.5, and all child care licensing rules promulgated by the executive director of the department of early childhood.

(e) In addition to grants received from the state court administrator pursuant to this section, judicial districts implementing or enhancing existing family-friendly court programs pursuant to this section are authorized to accept any funds, grants, gifts, or donations from any private or public source for the purpose of implementing this section; except that no grant or donation shall be accepted if the conditions attached to the grant or donation require the expenditure thereof in a manner contrary to law. Any such moneys received by a judicial district shall be credited to the family-friendly court program cash fund created in subsection (6) of this section for grants awarded by the board pursuant to this section.

(6) Family-friendly court program cash fund. (a) There is hereby created in the state treasury the family-friendly court program cash fund. The moneys in the family-friendly court program cash fund shall be subject to annual appropriation by the general assembly for the implementation of this section. The state court administrator is authorized to accept on behalf of the state any grants, gifts, or donations from any private or public source for the purpose of this section. All private and public funds received through grants, gifts, or donations shall be transmitted to the state treasurer, who shall credit the same to the family-friendly court program cash fund in addition to any moneys that may be appropriated to the cash fund directly by the general assembly. In addition, commencing July 1, 2002, the one-dollar surcharge set forth in section 42-4-1701 (4)(a)(VI), C.R.S., shall be transmitted to the state treasurer who shall credit the same to the family-friendly court program cash fund created in this subsection (6). All investment earnings derived from the deposit and investment of moneys in the fund shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

(b) All moneys in the family-friendly court program cash fund, created in paragraph (a) of this subsection (6), shall be available for grants awarded by the state court administrator to judicial districts seeking to implement or enhance existing family-friendly court programs and administrative costs associated with the implementation and administration of this section. The state court administrator, subject to annual appropriation by the general assembly, is hereby authorized to expend moneys appropriated to the judicial department from the family-friendly court program cash fund to judicial districts seeking to establish or enhance family-friendly court programs pursuant to this section.

(6.5) Notwithstanding any provision of subsection (6) of this section to the contrary, on April 20, 2009, the state treasurer shall deduct two hundred thousand dollars from the family-friendly court program cash fund and transfer such sum to the general fund.

(7) The state court administrator shall announce to all judicial districts the availability of grants pursuant to this section for the establishment and maintenance or enhancement of family-friendly court services programs in the judicial districts.

(8) (Deleted by amendment, L. 2005, p. 1000, § 1, effective June 2, 2005.)

Source: L. 2002: Entire section added, p. 627, § 1, effective July 1. L. 2004: (3)(b) amended, p. 554, § 6, effective July 1. L. 2005: (5)(b)(V)(C) amended, p. 764, § 19, effective June 1; (2), (3)(d), (4), (5), and (8) amended, p. 1000, § 1, effective June 2. L. 2006: (5)(b)(V)(C) amended, p. 2001, § 45, effective July 1. L. 2009: (6.5) added, (SB 09-208), ch. 149, p. 620, § 8, effective April 20. L. 2013: (3)(a) amended, (HB 13-1117), ch. 169, p. 588, § 18, effective July 1. L. 2014: (5)(b)(V)(C) amended, (SB 14-067), ch. 12, p. 115, § 9, effective February 27. L. 2017: (2)(d), IP(5)(b), and (5)(b)(V)(D) amended, (SB 17-242), ch. 263, p. 1292, § 104, effective May 25. L. 2022: (3)(a) amended, (SB 22-037), ch. 23, p. 155, § 7, effective March 17; (5)(d) amended, (HB 22-1295), ch.123, p. 827, § 25, effective July 1. L. 2025: (3)(a) amended, (SB 25-197), ch. 256, p. 1287, § 8, effective August 6.

Editor's note: Amendments to subsection (5)(b)(V)(C) by House Bill 05-1337 and Senate Bill 05-030 were harmonized.

Cross references: For the legislative declaration in the 2013 act amending subsection (3)(a), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 25-197, see section 1 of chapter 256, Session Laws of Colorado 2025.

13-3-114. State court administrator - compensation for exonerated persons - definitions - annual payments - child support payments - financial literacy training - qualified health plan - damages awarded in civil actions - reimbursement to the state. (1) As used in this section, unless the context otherwise requires:

(a) Annual payment means a payment of monetary compensation made by the state court administrator or his or her designee to an exonerated person pursuant to this section. An annual payment shall be in the amount of one hundred thousand dollars, which amount shall be adjusted annually by the state auditor to account for inflation; except that:

(I) If the remaining amount of the state's duty of monetary compensation owed to the exonerated person is less than one hundred thousand dollars, the amount of the annual payment shall be equal to the remaining amount; and

(II) The amount of an annual payment may be reduced as described in subsection (5) of this section.

(b) Exonerated person means a person who has been determined by a district court pursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1).

(c) Incarceration means a person's custody in a county jail or a correctional facility while he or she serves a sentence issued pursuant to the person's conviction of a felony or pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more offenses that would be felonies if committed by a person eighteen years of age or older. For the purposes of this section, incarceration includes placement as a juvenile to the custody of the state department of human services or a county department of human or social services.

(d) Personal financial management instruction course means a personal financial management instruction course that has been approved by the United States trustee's office pursuant to 11 U.S.C. sec. 111.

(e) State's duty of monetary compensation means the total amount of monetary compensation owed by the state to an exonerated person.

(2) Not more than fourteen days after the state court administrator receives directions from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state court administrator shall:

(a) Issue an annual payment to the exonerated person. Annually thereafter, on or before the date that such payment was made, until the state's duty of monetary compensation is satisfied, the state court administrator or his or her designee shall issue an annual payment to the exonerated person.

(b) Pay on the exonerated person's behalf any amount of compensation for child support payments owed by the exonerated person that became due during his or her incarceration, or any amount of interest on child support arrearages that accrued during his or her incarceration but which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court administrator, or his or her designee, shall make such payment in a lump sum to the appropriate county department of human or social services or other agency responsible for receiving such payments not more than thirty days after the state court administrator receives directions from a district court to compensate an exonerated person pursuant to section 13-65-103.

(c) Pay on the exonerated person's behalf the amount of reasonable attorney fees awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV).

(3) The amount of any payment made to, or on behalf of, an exonerated person pursuant to this section shall be deducted from the state's duty of monetary compensation to the exonerated person.

(4) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section, after the state court administrator has issued one annual payment to an exonerated person, the state court administrator shall not issue another annual payment to the exonerated person until the exonerated person has completed a personal financial management instruction course.

(5) In each year in which the state court administrator issues an annual payment to an exonerated person, the person's annual payment shall be reduced by ten thousand dollars if the person fails to present to the state court administrator a policy or certificate showing that the person has purchased or otherwise acquired a qualified health plan for himself or herself and his or her dependents that is valid for at least six months. Such amount shall be deducted from the state's duty of monetary compensation to the exonerated person as if such amount had been issued to the exonerated person.

(6) (a) An exonerated person who receives monetary compensation pursuant to this section shall reimburse the state for the total amount of annual payments made to the exonerated person pursuant to this section if:

(I) The exonerated person prevails in or settles a civil action against the state or against any other government body in a civil action concerning the same acts that are the bases for the petition for compensation; and

(II) The judgment rendered in the civil action or the settlement of the civil action includes an award of monetary damages to the exonerated person.

(b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state that the exonerated person has received monetary compensation pursuant to this section, the court shall offset a sufficient amount of moneys from the exonerated person's award of monetary damages to reimburse the state for such monetary compensation. The court shall transfer such moneys to the state treasurer, who shall credit the moneys to the general fund.

(7) Notwithstanding any provision of this section, the state court administrator shall not issue an annual payment to an exonerated person if:

(a) (I) The exonerated person has prevailed in or settled a civil action for monetary damages as described in subsection (6) of this section; and

(II) The amount of the monetary damages awarded by the court in the civil action, or stipulated in the settlement of the action, and collected by the exonerated person equals or exceeds the remaining amount of the state's duty of monetary compensation to the exonerated person;

(b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court issues an order of compensation on the person's behalf; or

(c) The person has not yet completed a personal financial management instruction course, as required by subsection (4) of this section.

(8) (a) At any point after the state court administrator makes an annual payment to an exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to receive the remaining balance of the state's duty of monetary compensation in a lump sum by:

(I) Notifying the state court administrator, the governor, and the general assembly of such election, which notification must be provided in writing;

(II) Completing a personal financial management instruction course; and

(III) Acquiring and committing to maintain a qualified health insurance plan.

(b) Upon receiving written documentation that an exonerated person has satisfied the requirements described in subsection (8)(a) of this section, the state court administrator shall pay to the exonerated person the balance of the state's duty of monetary compensation not later than one year after receiving such written documentation.

Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2423, § 3, effective June 5. L. 2017: (8) added, (SB 17-125), ch. 109, p. 395, § 1, effective April 4. L. 2018: (1)(c) and (2)(b) amended, (SB 18-092), ch. 38, p. 398, § 6, effective August 8.

Cross references: For the legislative declaration in the 2013 act adding this section, see section 1 of chapter 409, Session Laws of Colorado 2013. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

13-3-114.5. State court administrator - reimbursement of monetary amounts paid following a vacated conviction or amended order of restitution. Within twenty-eight days after receipt of an order from a district or county court for payment of a refund of monetary amounts paid, the state court administrator shall issue a refund payment to the person who established eligibility under section 18-1.3-703.

Source: L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 220, § 2, effective September 1.

13-3-115. Diversion funding committee. (1) The state court administrator shall establish a diversion funding committee, referred to in this section as the committee. The committee shall consist of:

(a) The attorney general or his or her designee;

(b) The executive director of a statewide organization representing district attorneys or his or her designee;

(c) The state public defender or his or her designee;

(d) The director of the division of criminal justice in the department of public safety; and

(e) The state court administrator or his or her designee;

(2) (a) The committee shall develop funding guidelines, including permissible uses for the funding, and an application process for elected district attorneys to request funds appropriated by the general assembly in order to operate an adult diversion program consistent with section 18-1.3-101, C.R.S.

(b) The committee shall also develop an application that includes but is not limited to:

(I) A description of the adult pretrial diversion program, including the project's goals, objective, and timeline for implementation;

(II) The number of adults that could be enrolled in a pretrial diversion program using the funds requested and a description of the eligibility criteria developed by the district attorney;

(III) The process and method by which a participant's treatment or services needs will be assessed;

(IV) Outcomes and performance measures that the program will use in its evaluation;

(V) Itemized expenses for the amount of the funding request and whether the funding request is for a new adult pretrial diversion program or funding to continue or expand an existing adult pretrial diversion program;

(VI) The diversion supervision fees, if any, that the district attorney will require as a condition of participation in a pretrial diversion program; and

(VII) A list of any other agencies, organizations, service providers, or planning groups that would be involved in the planning and implementation of the project.

(3) The committee must review all funding requests submitted by a district attorney to support an adult pretrial diversion program. By majority vote, the committee may approve all or a portion of a funding request that meets the guidelines established pursuant to paragraph (a) of subsection (2) of this section or deny a request.

(4) The judicial department shall execute the contract and allocate the funding requests approved by the committee.

(5) A district attorney who receives funding pursuant to this section shall collect data and provide a status report to the judicial department by a date prescribed by the committee that includes but is not limited to:

(a) The number of people screened and the number of people who met the diversion program criteria;

(b) The number of people enrolled in the adult pretrial diversion program;

(c) Demographic information on those enrolled in the adult pretrial diversion program including age, gender, and ethnicity;

(d) Participant status, including the number of people who have successfully completed the diversion program, the number of people still under active supervision in the diversion program, the number of people terminated from the diversion program, and the reason for their termination;

(e) The accounting of the funds expended and the amount of any funds unexpended and unencumbered at the end of the funding period;

(f) The number of people screened for behavioral health treatment; and

(g) The number of people referred to behavioral health treatment.

(6) Notwithstanding section 24-1-136 (11)(a)(I), by January 31, 2015, and each January 31 thereafter, the judicial department shall provide to the joint budget committee a status report that includes the information required by subsection (5) of this section.

(7) Any funds provided to a district attorney for purposes of operating an adult pretrial diversion program pursuant to this section shall not be reverted to the general fund if unexpended by the end of the fiscal year in which the funds were received.

Source: L. 2013: Entire section added, (HB 13-1156), ch. 336, p. 1961, § 15, effective August 7. L. 2017: (6) amended, (SB 17-241), ch. 171, p. 623, § 2, effective April 28. L. 2022: (5)(d) amended and (5)(f) and (5)(g) added, (SB 22-196), ch. 193, p. 1290, § 5, effective May 19.

Cross references: For the legislative declaration in SB 22-196, see section 1 of chapter 193, Session Laws of Colorado 2022.

13-3-116. Restorative justice coordinating council - establishment - membership. (1) (a) A council to provide assistance and education related to restorative justice programs is hereby established. The council shall be known as the restorative justice coordinating council and shall be established in the state judicial department within the office of the state court administrator. To the extent that resources permit, the restorative justice coordinating council shall support the development of restorative justice programs, serve as a central repository for information, assist in the development and provision of related education and training, and provide technical assistance to entities engaged in or wishing to develop restorative justice programs.

(b) In order to assess the efficacy of restorative justice practices in providing satisfaction to participants, the council shall develop a uniform restorative justice satisfaction evaluation by September 1, 2013. The evaluation must be based on research principles. The evaluation must include a preconference questionnaire for the offender and participating victims, if practicable, to establish a baseline and a postconference questionnaire that is suitable to administer to restorative justice participants, including community members, participating victims, and offenders.

(c) (I) The council shall develop a database of existing restorative justice programs in the state by December 31, 2013, and update it annually by December 31 of each year.

(II) The database must consist of the following information:

(A) The location of the restorative justice program;

(B) The types of restorative justice practices used in the program and the costs and fees associated with the practices; and

(C) The background, training, and restorative justice experience of the facilitators in the restorative justice program.

(d) Repealed.

(2) The restorative justice coordinating council includes, at a minimum, the following:

(a) A member who represents a statewide juvenile justice council who shall be appointed by the executive director of the department of public safety;

(b) A representative from the division of youth services in the department of human services who is appointed by the executive director of the department of human services;

(c) A representative from the department of public safety who shall be appointed by the executive director of the department of public safety;

(d) A representative from the judicial department who shall be appointed by the state court administrator;

(e) Two representatives from a statewide organization or organizations whose primary purpose is related to the development and implementation of restorative justice programs and who shall be appointed by the executive director of the department of public safety;

(f) A district attorney with juvenile justice experience who shall be appointed by the executive director of the Colorado district attorneys' council;

(g) A victim's representative within the judicial department with restorative justice experience who shall be appointed by the state court administrator;

(h) A representative from the department of education who shall be appointed by the commissioner of education;

(i) A representative from the state board of parole appointed by the chair of the parole board;

(j) A representative from the department of corrections appointed by the executive director of the department of corrections;

(k) A representative from a nongovernment statewide organization representing victims appointed by the executive director of the department of public safety;

(l) Three restorative justice practitioners appointed by the state court administrator;

(m) A representative of the juvenile parole board appointed by the chair of the juvenile parole board;

(n) The state public defender or his or her designee;

(o) A judge appointed by the chief justice of the Colorado supreme court; and

(p) A representative of law enforcement appointed by the state court administrator based upon a recommendation from the restorative justice coordinating council.

(3) The restorative justice coordinating council shall select a chairperson from among the members of the council who shall serve a term to be determined by the council. The chairperson shall be responsible for convening the council at a frequency that shall be determined by the council.

(4) Members of the restorative justice coordinating council serve without compensation but may be reimbursed for expenses incurred while serving on the council.

(4.5) The restorative justice coordinating council may accept money from trainings and conferences and gifts, grants, or donations from any private or public source for the purpose of supporting restorative justice practices. All private and public money received by the restorative justice coordinating council from gifts, grants, or donations or any other source must be transmitted to the state treasurer, who shall credit the same to the restorative justice surcharge fund created pursuant to section 18-25-101, in addition to any money that may be appropriated to the fund directly by the general assembly.

(5) (Deleted by amendment, L. 2017.)

Source: L. 2017: Entire section added with relocations, (SB 17-220), ch. 173, p. 629, § 1, effective April 28; (2)(b) amended, (HB 17-1329), ch. 381, p. 1973, § 31, effective June 6. L. 2019: (4) amended, (HB 19-1205), ch. 292, p. 2683, § 1, effective August 2.

Editor's note: (1) This section is similar to former § 19-2-213 as it existed prior to 2017.

(2) Changes to § 19-2-213 (2)(b) by HB 17-1329 were harmonized with SB 17-220 and relocated to subsection (2)(b).

13-3-117. State court administrator - automatic conviction sealing. (1) (a) The state court administrator shall compile a list of drug convictions pursuant to article 18 of title 18:

(I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and

(II) (A) If the drug conviction is for a petty offense or misdemeanor, that seven years have passed since the disposition of the case; or

(B) If the drug conviction is for a felony, that at least ten years have passed since the disposition of the case.

(a.5) The state court administrator shall compile a list of eligible convictions, excluding crimes pursuant to section 24-4.1-302 (1):

(I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and

(II) (A) If the judgment is for a civil infraction, that four years have passed since the final disposition of the case;

(B) If the conviction is for a petty offense or misdemeanor, that at least seven years have passed since the final disposition of the case; and

(C) If the conviction is for an eligible felony, that at least ten years have passed since the date of the final disposition of all criminal proceedings against the defendant or the release of the defendant from supervision concerning a criminal conviction, whichever is later.

(b) The state court administrator shall use the state conviction database and the conviction databases of entities that do not report convictions to the state database to compile the list. The state court administrator shall compile the list based on a name-based review with sufficient points of reference for identification validation as determined by the state court administrator. The state court administrator must only include convictions on the list if sufficient points of validation, as determined by the state court administrator, are present. The state court administrator shall not include any case in which there is no final disposition on all charges in the case. The state court administrator shall not include any judgments for which the defendant has an intervening judgment during the four-year waiting period if the judgement is for a civil infraction and shall not include any convictions for which the defendant has an intervening conviction during the seven-year waiting period if the conviction is for a petty offense or misdemeanor or during the ten-year waiting period if the conviction is for a felony. The state court administrator shall sort the list by judicial district of conviction.

(c) The state court administrator shall compile the initial list pursuant to this subsection (1) by February 1, 2024, and the court shall seal all conviction records eligible for sealing pursuant to the final list compiled pursuant to subsection (3)(a) of this section based on the initial list by July 1, 2024.

(d) Beginning July 1, 2024, the state court administrator shall compile a list of drug convictions, misdemeanors, and petty offenses that are eligible pursuant to this subsection (1) on a quarterly basis. The state court administrator shall include the eligible felony convictions not found in article 18 of title 18 pursuant to subsection (1)(a.5) of this section beginning on July 1, 2025.

(2) The state court administrator shall forward the list compiled pursuant to subsection (1) of this section to each district attorney, except for civil infractions. The state court administrator shall send the list of civil infractions to be sealed with the final list pursuant to subsection (3)(b) of this section to the chief judge for each judicial district.

(3) (a) (I) Upon receipt of the list from the state court administrator, each elected district attorney, or his or her designee, may, within forty-five days, object to the inclusion of a conviction on the list for circumstances in which a condition of the plea was that the defendant agreed to not have the conviction record sealed, convictions in which the defendant has a pending criminal charge, an intervening conviction, or convictions that are ineligible for sealing.

(II) For a felony conviction for an offense not in article 18 of title 18, in addition to the objections in subsection (3)(a)(I) of this section, each district attorney may, within forty-five days, object when the district attorney has a reasonable belief, grounded in supporting facts, that the public interest and public safety in retaining public access to the current record or case outweighs the privacy interest of, or adverse consequences to, the defendant.

(III) Each district attorney shall file a notice with the court in the criminal case that is the subject of the record without the need for additional service on any party, noting the basis of the objection.

(IV) For objections pursuant to subsection (3)(a)(II) of this section, the notice must explain the basis for the objection and include any available supporting documents. In such cases, the court shall serve notice on the defendant at the defendant's last-known address and explain in plain language that the defendant may request a hearing on the matter. If the defendant requests a hearing, the court shall proceed pursuant to section 24-72-706.

(V) The state court administrator shall remove the convictions objected to by the district attorneys from the list, if any, and then compile each of the lists into one final list and sort the convictions by judicial district. All convictions from the initial lists shall be included unless objected to within the forty-five-day period as ineligible under subsection (3)(a)(I), (3)(a)(II), or (3)(a)(III) of this section.

(b) (I) The state court administrator shall send the final list compiled pursuant to subsection (3)(a)(V) of this section to the chief judge for the judicial district. The courts of that judicial district shall enter sealing orders based on the list received within fourteen days after receipt of the amended list from the state court administrator.

(II) The district court shall send a copy of the sealing order to the district attorney's office that prosecuted the case to facilitate sealing of the records held by the district attorney's offices. The court shall also send a copy to the state court administrator for purposes of subsections (3)(b)(III) and (3)(c) of this section. To protect defendant confidentiality, a copy shall not be mailed to the defendant, notwithstanding any Colorado criminal rule of procedure to the contrary.

(III) The state court administrator shall electronically send all orders sealing records pursuant to this subsection (3)(b) to the Colorado bureau of investigation using an information-sharing data transfer to facilitate sealing of the records held by the Colorado bureau of investigation.

(IV) The defendant may obtain a copy of the sealing order pursuant to section 24-72-703 (2)(c) and serve the sealing order on any custodian of the records pursuant to section 24-72-703 (8), including the law enforcement agency that investigated the case.

(c) On or before July 1, 2024, the state court administrator shall develop a website that allows a defendant to confidentially determine whether the defendant's conviction has been sealed pursuant to this section and information about how to receive a copy of the sealing order.

(4) (a) On or before February 1, 2024, and on or before January 1 each year thereafter, the state court administrator shall report to the judiciary committees of the senate and the house of representatives, or their successor committees, by judicial district and, to the extent possible, with data disaggregated by race and sex and by offense level, the number of conviction records in the prior calendar year that:

(I) Were considered for automatic record sealing;

(II) The state court administrator sent to the chief judges for each judicial district; and

(III) The district attorneys objected to due to:

(A) Intervening convictions;

(B) The ineligibility of the offense;

(C) Pending charges;

(D) Plea agreements waiving the right to record sealing; and

(E) Objections pursuant to subsection (3)(a)(II) of this section.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (4) continues indefinitely.

(c) During the 2023 and 2024 legislative sessions, the judicial department shall report on the progress of its implementation of this section, including the creation of the website pursuant to subsection (3)(c) of this section, as part of the department's State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203.

(5) (a) On or before July 1, 2025, the state court administrator shall compile a list of all criminal justice records of deferred judgments that have been successfully completed and the charges have been dismissed, acquittals, and diversion cases pursuant to section 24-72-705 (1)(a) with dispositions prior to August 2022. The state court administrator shall sort those criminal justice records by judicial district and send the final list to the chief judge of each judicial district.

(b) (I) The state court administrator shall send the final list compiled pursuant to subsection (5)(a) of this section to the chief judge for the judicial district. The courts of that judicial district shall enter sealing orders based on the list received within fourteen days after receipt of the final list from the state court administrator.

(II) The district court shall send a copy of the sealing order to the district attorney's office that prosecuted the case, and upon receipt of the order the district attorney's office shall seal the records held by it. The court shall also send a copy to the state court administrator for purposes of subsection (5)(b)(III) of this section. To protect defendant confidentiality, a copy shall not be mailed to the defendant, notwithstanding any Colorado criminal rule of procedure to the contrary.

(III) The state court administrator shall electronically send all orders sealing records pursuant to this subsection (5)(b) to the Colorado bureau of investigation using an information-sharing data transfer. Upon receipt of the orders, the Colorado bureau of investigation shall seal all records held by the orders.

(IV) The defendant may obtain a copy of the sealing order pursuant to section 24-72-703 (2)(c) and serve the sealing order on any custodian of the records pursuant to section 24-72-703 (8), including the law enforcement agency that investigated the case.

Source: L. 2021: Entire section added, (HB 21-1214), ch. 455, p. 3037, § 11, effective September 7. L. 2022: (1)(a.5) and (4) added and (1)(b), (1)(d), (2), and (3) amended, (SB 22-099), ch. 276, p. 1981, § 3, effective August 10. L. 2024: (3)(b)(II) amended and (5) added, (HB 24-1133), ch. 384, p. 2621, § 8, effective July 1, 2025.

13-3-118. State court administrator - twenty-third judicial district county assistance - definition - repeal. (1) As used in this section, unless the context otherwise requires, eligible expenses means costs associated with establishing a district attorney's office in the twenty-third judicial district, including:

(a) For the 2023-24 state fiscal year, consulting fees and transition contractor project management fees; and

(b) For the 2024-25 state fiscal year:

(I) Costs related to annual and sick leave payouts for staff to transition from the eighteenth to the twenty-third judicial district; and

(II) Transition and implementation of information technology infrastructure, equipment, and software; data preservation, separation, and migration; and information technology staff transition.

(2) From money appropriated by the general assembly, the state court administrator's office shall reimburse counties of the current eighteenth judicial district for eligible expenses related to the creation of the twenty-third judicial district.

(3) This section is repealed, effective July 1, 2026.

Source: L. 2023: Entire section added, (SB 23-230), ch. 78, p. 281, § 1, effective April 17.

13-3-119. Data-sharing task force between state and municipal courts - creation - legislative declaration - repeal. (Repealed)

Source: L. 2023: Entire section added, (HB 23-1132), ch. 420, p. 2473, § 1, effective June 7.

Editor's note: Subsection (7) provided for the repeal of this section, effective July 1, 2024. (See L. 2023, p. 2473.)

13-3-120. Office of the judicial discipline ombudsman established - judicial discipline advisory board - qualifications of ombudsman - powers and duties - confidentiality - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Board means the judicial discipline ombudsman selection board, established in subsection (6) of this section.

(b) Commission means the commission on judicial discipline created in section 13-5.3-102.

(c) Complainant means current and former employees of the judicial department, judges, judicial department staff, and persons who work with judicial employees and staff, and includes, but is not limited to, bailiffs, litigating attorneys, interns, and volunteers.

(d) Department means the judicial department established in this article 3.

(e) Office of the ombudsman means the office of the judicial discipline ombudsman, created in subsection (2) of this section.

(f) Ombudsman means the person who serves as both the judicial discipline ombudsman and the director of the office of the ombudsman.

(2) The independent office of the judicial discipline ombudsman is established in the judicial department as an independent agency for the purpose of ensuring the greatest protections for a complainant. The purpose of the office of the ombudsman is to act as an independent, confidential, informal, impartial, neutral, and nonpartisan office that responds to questions or concerns from a complainant about misconduct that occurs within the department, to support a complainant in filing formal and informal complaints and grievances against members of the department, and to analyze data from the office of the ombudsman in order to report complaint and grievance trends, systemic problems, and organizational issues to the commission, the department, and the general assembly. The office of the ombudsman shall help a complainant understand how to safely navigate the complaint process. The ombudsman shall consider the standards of practice and code of ethics established by the International Ombuds Association for an organizational ombudsman, to the extent practicable. The ombudsman shall not be adversarial to the department or the commission. The ombudsman shall not request records from the department or the commission related to specific employees, judges, or justices, except at the discretion of the complainant.

(3) The office of the ombudsman and the department shall operate pursuant to a memorandum of understanding between the two entities to further the purposes of this section. The memorandum of understanding must contain, at a minimum:

(a) A requirement that the office of the ombudsman have its own personnel rules;

(b) A requirement that the ombudsman have independent hiring and termination authority over office of the ombudsman employees;

(c) A requirement that the office of the ombudsman follow judicial fiscal rules;

(d) A requirement that the department offer the office of the ombudsman limited support with respect to:

(I) Personnel matters;

(II) Recruitment;

(III) Payroll;

(IV) Benefits;

(V) Budget submissions, as needed; and

(VI) Accounting; and

(e) Any other provisions regarding administrative support that will help maintain the independence of the office of the ombudsman.

(4) The office of the ombudsman shall maintain office space that is not physically located in any building that is maintained by the judicial department.

(5) The office of the ombudsman and the board established in subsection (6) of this section shall operate with autonomy, control, and authority over operations, budget, and personnel decisions related to the office of the ombudsman, board, and ombudsman.

(6) (a) There is established an independent, nonpartisan judicial discipline ombudsman selection board. The board consists of five members and must include lawyers, and people with a professional background in human resources or personnel management, financial management, or experience with employee harassment or discrimination cases or as a victims' rights advocate, and professional ombudsman experience. To the extent practicable, the board should be made up of persons from different judicial districts, persons with disabilities, and persons with experience in culturally relevant practices, and reflect the geographic, ethnic, and gender diversity of the state.

(b) Board members must be appointed on or before January 1, 2024, as follows:

(I) The governor shall appoint one individual who is either a retired Colorado judge in good standing or a former Colorado judge in good standing;

(II) The president of the Colorado senate and the minority leader of the Colorado senate shall each appoint one member with experience listed in subsections (6)(c) and (6)(d) of this section; and

(III) The speaker of the Colorado house of representatives and the minority leader of the Colorado house of representatives shall each appoint one member with experience listed in subsections (6)(c) and (6)(d) of this section.

(c) Board members must have experience in at least one of the following:

(I) Personnel management;

(II) Human resources;

(III) Financial management;

(IV) Experience as a professional ombudsman;

(V) Experience with employee harassment or discrimination as an employment law attorney; or

(VI) Experience as a victims' rights advocate.

(d) In appointing board members pursuant to subsections (6)(b)(II) and (6)(b)(III) of this section, at least one appointee from the Colorado house of representatives and one appointee from the Colorado senate must be licensed Colorado attorneys in good standing.

(e) Board members serve terms of four years; except that initial terms must be staggered so that no more than three members' terms expire in the same year. Three of the initial appointments will have four-year terms, and two initial appointments will have two-year terms. The appointing authority shall designate the initial terms. The appointing official shall fill any vacancies on the board for the remainder of any unexpired term.

(f) The board shall meet a minimum of two times per year and additionally as needed.

(g) Board members serve without compensation but may be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

(h) Board members may be reappointed to serve one additional term.

(7) Expenses incurred for the board must be paid from the general operating budget of the office of the ombudsman.

(8) The board has the following duties and responsibilities:

(a) To oversee the following personnel decisions related to the ombudsman:

(I) On or before March 1, 2024, and as necessary thereafter, appointing a person to serve as the ombudsman. The ombudsman appointed by the board on or before March 1, 2024, shall assume the ombudsman's position on the effective date of the memorandum of understanding between the department and the office of the ombudsman. The board may discharge an ombudsman for cause. A two-thirds majority vote of the board is required to hire or discharge the ombudsman. The general assembly shall set the ombudsman's compensation, and the compensation must not be reduced during the term of the ombudsman's appointment.

(II) Filling a vacancy in the ombudsman position;

(III) Evaluating the ombudsman's performance as necessary based on feedback received from complainants about the ombudsman; and

(IV) Developing a complaint process related to the ombudsman's performance;

(b) To oversee and advise the ombudsman on the strategic direction of the office of the ombudsman and its mission and to help promote the use of, engagement with, and access to the office of the ombudsman;

(c) To work cooperatively with the ombudsman to provide fiscal oversight of the general operating budget of the office of the ombudsman and ensure that the office of the ombudsman operates in compliance with the provisions of this section, the memorandum of understanding, and state and federal laws;

(d) To promote the mission of the office of the ombudsman to the public; and

(e) To provide assistance, as practicable and as requested by the ombudsman, to facilitate the statutory intent of this section.

(9) Meetings of the board are subject to the provisions of section 24-6-402, except for executive personnel actions or meetings that require the protection of confidentiality and compliance with state privacy laws.

(10) The ombudsman has the following duties and functions:

(a) Create and maintain an anonymous reporting system and hotline for complainants to submit complaints. The reporting system must be equipped to retain and collect aggregated and disaggregated data regarding the reported complaints that includes the following:

(I) The number of allegations of judicial misconduct received, regardless of form;

(II) The types of judicial misconduct complaints received by the office of the ombudsman and to what entity the complaint was forwarded, if applicable; and

(III) The demographics, including the gender, age, race, ethnicity, or disability, of judges who are the subject of the complaint and those directly affected by the claimed judicial misconduct.

(b) Help a complainant understand the complainant's rights and options in reporting and filing a complaint with the commission and any other appropriate authority. This assistance must:

(I) Include an explanation of the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process; and

(II) Be available throughout the entire complaint process, if requested by the complainant.

(c) Provide the complainant with referrals to physical and mental health-care resources, community-based advocacy services, pro bono or low-cost legal assistance or representation, or any other resource, as necessary or requested;

(d) Receive complaints from complainants, and facilitate communication with a complainant and the appropriate party. This subsection (10)(d) does not prevent the commission from also receiving complaints.

(e) Facilitate submission of complaints to the appropriate entity or party, only at the discretion and consent of the complainant;

(f) Gather and evaluate data received by the office of the ombudsman through the reporting system and hotline, created in subsection (10)(a) of this section, to provide insights into work environment trends of the judicial department on an annual basis. To the extent possible, data must be disaggregated by gender, ethnicity, and judicial district while maintaining the confidentiality of those involved in the complaint. Findings from the data must be reported to the department, commission, and general assembly as part of the judicial department's SMART Act presentation required by section 2-7-203. The data must be presented in a manner that protects the confidentiality of everyone involved. The report outlined in this subsection (10)(f) shall not include personal identifying information, including gender, race, or ethnicity data, if that could potentially identify the complainant, the subject of the complaint, or any other people involved in the complaint. During the first two years of operation of the office of the ombudsman, the report must include information and feedback from the office of the ombudsman on the efficacy of the office of the ombudsman and provide recommendations for improvements or adjustments. The report must be made public on the office of the ombudsman's website.

(g) Serve in an advisory capacity to the commission and the department on rule-making and provide insights and recommendations to the commission and department on changes to their respective rules and human resource policies. This information must be made public on the office of the ombudsman's website.

(h) Comply with all confidentiality provisions set by the commission;

(i) Ensure accountability and consistency in the operating policies and procedures of the office of the ombudsman, including reasonable rules related to the administration of the provisions of this section and any other standards of conduct and reporting requirements as provided by law; and

(j) Serve as a liaison for communications between a complainant and the commission or the department and, if requested by the complainant, ensure the complainant's anonymity.

(11) The ombudsman has discretion over whether or how to engage regarding individual, group, or systematic concerns and may bring a concern to the attention of appropriate individuals as the ombudsman deems appropriate.

(12) The ombudsman shall be available to a complainant to discuss complaints related to the conduct of any judicial personnel.

(13) To be appointed as the ombudsman, a person must possess the following qualities and qualifications:

(a) Prior experience serving as an ombudsman or in an ombudsman capacity;

(b) A deep understanding of and expertise in organizational culture and diversity, equity, and inclusion;

(c) At least two years of professional experience working with human resources;

(d) At least two years of victim advocacy experience or completion of substantial victim advocacy training; and

(e) The ability to act in a nonpartisan manner.

(14) All conversations and information disclosed to the ombudsman by a complainant are confidential, unless the complainant gives the ombudsman permission to disclose the information to a third party. If the complainant has not consented to disclosure, the ombudsman shall forgo confidentiality when the disclosure involves an imminent threat of bodily harm to the complainant or another person. Information is not discoverable if received during and within the scope of the ombudsman's duties and responsibilities. The ombudsman is exempt from mandatory reporting rules, statutes, including section 13-5.3-106, or as permitted by subsection (11) of this section, and policies and shall not report an incident made known to the ombudsman by a complainant unless the complainant provides consent.

(15) Records related to complaints received by the office of the ombudsman, and all other communications between the ombudsman and a complainant, are not subject to public disclosure as required by article 72 of title 24, and are not subject to the judicial department's rules regarding public record disclosure.

(16) The office of the ombudsman is authorized to promulgate rules necessary to implement the requirements of this section and to ensure confidentiality of the disclosures made to the office of the ombudsman by complainants.

(17) In the performance of the ombudsman's duties, the ombudsman shall act independently of the department and commission. Any recommendations made or positions taken by the ombudsman or the office of the ombudsman do not reflect those of the department or the commission.

Source: L. 2023: Entire section added, (HB 23-1205), ch. 430, p. 2525, § 2, effective June 7.

Cross references: For the legislative declaration in HB 23-1205, see section 1 of chapter 430, Session Laws of Colorado 2023.

ARTICLE 4

Court of Appeals

13-4-101. Establishment. There is hereby created the court of appeals, pursuant to section 1 of article VI of the state constitution. The court of appeals shall be a court of record. Judges of the court of appeals may serve in any state court with full authority as provided by law, when called upon to do so by the chief justice of the supreme court.

Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-1. L. 90: Entire section amended, p. 1247, § 1, effective April 5.

13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the court of appeals shall have initial jurisdiction over appeals from final judgments of, and interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1 from, the district courts, the probate court of the city and county of Denver, and the juvenile court of the city and county of Denver, except in:

(a) Repealed.

(b) Cases in which a statute, a municipal charter provision, or an ordinance has been declared unconstitutional;

(c) Cases concerned with decisions or actions of the public utilities commission;

(d) Water cases involving priorities or adjudications;

(e) Writs of habeas corpus;

(f) Cases appealed from the county court to the district court, as provided in section 13-6-310;

(g) Review actions of the Colorado dental board in refusing to issue or renew or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h) Cases appealed from the district court granting or denying postconviction relief in a case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.

(2) The court of appeals has initial jurisdiction to:

(a) Review awards or actions of the industrial claim appeals office, as provided in articles 43 and 74 of title 8, C.R.S.;

(b) Review orders of the banking board granting or denying charters for new state banks, as provided in article 102 of title 11, C.R.S.;

(c) (Deleted by amendment, L. 2006, p. 761, § 19, effective July 1, 2006.)

(d) Review all final actions and orders appropriate for judicial review of the Colorado podiatry board, as provided in section 12-290-115;

(e) Review all final actions and orders appropriate for judicial review of the Colorado state board of chiropractic examiners, as provided in section 12-215-122;

(f) Review actions of the Colorado medical board in refusing to grant or in revoking or suspending a license or in placing the holder thereof on probation, as provided in section 12-240-127;

(g) Review actions of the Colorado dental board in refusing to issue or renew or in suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as provided in section 12-220-208;

(h) Review all final actions and orders appropriate for judicial review of the state board of nursing, as provided in articles 255 and 295 of title 12;

(i) Review actions of the state board of optometry in refusing to grant or renew, revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on probation or under supervision, as provided by section 12-275-122 (2);

(j) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in article 285 of title 12;

(k) Review all final actions and orders appropriate for judicial review of the state board of pharmacy, as provided in section 12-280-128;

(l) Review decisions of the board of education of a school district in proceedings for the dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;

(m) Review final decisions or orders of the Colorado real estate commission, as provided in parts 2 and 5 of article 10 of title 12;

(m.5) Repealed.

(n) Review final decisions and orders of the Colorado civil rights commission, as provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;

(o) Repealed.

(p) Review decisions of the state personnel board, as provided in section 24-50-125.4, C.R.S.;

(q) Review final actions and orders appropriate for judicial review of the state electrical board, as provided in article 115 of title 12;

(r) Review all final actions and orders appropriate for judicial review of the state board of licensure for architects, professional engineers, and professional land surveyors, as provided in section 12-120-407 (4);

(s) Review final actions and orders of the boards, as defined in section 12-245-202 (1), that are appropriate for judicial review and final actions;

(t) (Deleted by amendment, L. 2008, p. 426, § 25, effective August 5, 2008.)

(u) Review all final actions and orders appropriate for judicial review of the coal mine board of examiners, as provided in section 34-22-107 (8), C.R.S.;

(v) Review final actions and orders of the director of the division of professions and occupations appropriate for judicial review, as provided in section 12-145-116;

(w) Review final actions and orders appropriate for judicial review of the examining board of plumbers;

(x) Review decisions of the board of assessment appeals, as provided in section 39-8-108 (2), C.R.S.;

(y) and (z) Repealed.

(aa) (Deleted by amendment, L. 98, p. 818, § 14, effective August 5, 1998.)

(bb) Repealed.

(cc) Review final actions and orders appropriate for judicial review of the securities commissioner, as provided in section 11-59-117, C.R.S.;

(dd) Review final actions and orders appropriate for judicial review of the commissioner of insurance, pursuant to title 10, C.R.S.;

(ee) Review final actions and orders appropriate for judicial review of the Colorado racing commission, as provided in section 44-32-507 (4);

(ff) Review final actions and orders appropriate for judicial review of the Colorado passenger tramway safety board, as provided in section 12-150-109;

(gg) Repealed.

(hh) Review final actions and orders appropriate for judicial review of the state board of veterinary medicine, as provided in section 12-315-113;

(ii) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations, as provided in section 12-225-109 (4);

(jj) Review all final actions and orders appropriate for judicial review of the executive director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;

(kk) Review all final actions and orders appropriate for judicial review of the director of the division of professions and occupations in the department of regulatory agencies, as provided in section 12-270-114 (8);

(ll) Repealed.

(mm) Review final decisions or orders of the administrator as provided in article 20 of title 5; and

(nn) Review final decisions or orders of the administrator as provided in article 21 of title 5.

(3) The court of appeals shall have authority to issue any writs, directives, orders, and mandates necessary to the determination of cases within its jurisdiction.

(4) (Deleted by amendment, L. 95, p. 235, § 4, effective April 17, 1995.)

Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-2. L. 73: p. 358, § 2. L. 74: (1)(a) repealed, p. 236, § 4, effective July 1. L. 75: (2) amended, p. 555, § 2, effective April 9; (2) amended, p. 459, § 9, effective July 1. L. 77: (2) amended, p. 717, § 2, effective July 1. L. 78: (2) amended, p. 302, § 4, effective July 1. L. 79: (2) amended, p. 919, § 1, effective July 1; (2) amended, p. 803, § 5, effective July 1; (2) amended, p. 553, § 1, effective March 1, 1980. L. 80: (1)(g) amended, p. 438, § 2, effective January 1, 1981. L. 83: (2) amended, p. 473, § 4, effective April 5. L. 85: (2) amended, p. 566, § 12, effective July 1; (2) amended, p. 484, § 2, effective July 1; (2) amended, p. 532, § 12, effective July 1; (2) amended, p. 505, § 21, effective July 1; (2) amended, p. 510, § 8, effective July 1; (2) amended, p. 538, § 13, effective July 1; IP(1) and (1)(f) amended, p. 570, § 3, effective November 14, 1986. L. 86: (2) amended, p. 978, § 9, effective April 3; (2) amended, p. 653, § 31, effective July 1; (2) amended, p. 498, § 116, effective July 1; (2) amended, p. 621, § 34, effective July 1; (2) amended, p. 1217, § 14, effective July 1. L. 88: (2)(x) added, p. 1305, § 14, effective April 29; (2)(o) and (2)(p) amended and (2)(u) added, p. 1199, § 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, § 12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, § 6, effective July 1; (2)(o) and (2)(p) amended and (2)(v) added, p. 582, § 2, effective July 1; (2)(q) added, p. 502, § 22, effective July 1; (2)(w) added, p. 593, § 19, effective July 1. L. 89: (2)(m) amended, p. 744, § 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, §§ 31, 4, 6, effective July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, § 3, effective July 7. L. 90: (2)(l) amended, p. 1128, § 2, effective July 1. L. 91: (2)(cc) added, p. 2425, § 4, effective June 8; (2)(a) amended and (4) added, p. 1337, § 54, effective July 1. L. 92: (2)(dd) added, p. 1613, § 167, effective May 20; (1)(b) amended, p. 271, § 1, effective July 1. L. 93: (2)(ee) added, p. 1235, § 2, effective July 1; (2)(ee) added, p. 1033, § 14, effective July 1; (2)(ff) added, p. 1532, § 1, effective July 1. L. 94: (2)(y) repealed, p. 705, § 7, effective April 19; (1)(h) added, p. 1474, § 3, effective July 1. L. 95: (2)(a) and (4) amended, p. 235, § 4, effective April 17; (2)(f) amended, p. 1072, § 24, effective July 1; (2)(aa) amended, p. 419, § 6, effective July 1. L. 98: (2)(s) amended, p. 1158, § 28, effective July 1; (2)(gg) added, p. 1186, § 4, effective July 1; (2)(o) and (2)(aa) amended, p. 818, § 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, § 8, effective June 5; (2)(hh) added, p. 480, § 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, § 21, effective May 21; (2)(b) amended, p. 1209, § 18, effective July 1. L. 2004: (2)(c) amended, p. 1310, § 52, effective May 28; (2)(g) amended, p. 857, § 2, effective July 1. L. 2006: (2)(c) and (2)(r) amended, p. 761, § 19, effective July 1. L. 2008: (2)(kk) added, p. 830, § 3, effective July 1; (2)(s) and (2)(t) amended, p. 426, § 25, effective August 5. L. 2010: (2)(f) amended, (HB 10-1260), ch. 403, p. 1985, § 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p. 1719, § 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451, § 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, § 66, effective July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, § 4, effective April 26; (2)(k) amended, (HB 12-1311), ch. 281, p. 1617, § 33, effective July 1. L. 2013: (2)(m.5) added, (HB 13-1277), ch. 352, p. 2054, § 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll) added, (HB 14-1398), ch. 353, p. 1646, § 3, effective June 6; (2)(g) amended, (HB 14-1227), ch. 363, p. 1736, § 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, § 22, effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, § 9, effective May 29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, § 8, effective October 1; (2)(gg) amended, (SB 18-036), ch. 34, p. 377, § 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch. 390, p. 3463, § 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, § 4, effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q), (2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch. 136, p. 1661, § 66, effective October 1. L. 2020: (1)(h) amended, (SB 20-100), ch. 61, p. 204, § 2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 216, p. 1045, § 23, effective June 30; (2)(bb) repealed, (HB 20-1183), ch. 157, p. 699, § 49, effective July 1; (2)(gg) repealed, (HB 20-1001), ch. 302, p. 1516, § 13, effective July 14; (1)(g) amended, (HB 20-1056), ch. 64, p. 262, § 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 93, p. 369, § 3, effective September 14. L. 2021: (2)(kk) amended, (SB 21-003), ch. 4, p. 29, § 6, effective January 21; (2)(nn) added, (HB 21-1282), ch. 482, p. 3444, § 2, effective January 1, 2022. L. 2022: (1)(g) and (2)(g) amended, (SB 22-219), ch. 381, p. 2724, § 32, effective January 1, 2023.

Editor's note: (1) Amendments to subsection (2) by House Bill 79-1234 and Senate Bill 79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.

(2) Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049, House Bill 85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.

(3) Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012, Senate Bill 86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.

(4) Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill 93-1268 were harmonized.

(5) Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were harmonized.

(6) Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019. However, those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective August 2, 2019.

Cross references: For the legislative declaration contained in the 2003 act enacting subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado 2019. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of Colorado 2022.

13-4-102.1. Interlocutory appeals of determinations of questions of law in civil cases. (1) The court of appeals, under rules promulgated by the Colorado supreme court, may permit an interlocutory appeal of a certified question of law in a civil matter from a district court or the probate court of the city and county of Denver if:

(a) The trial court certifies that immediate review may promote a more orderly disposition or establish a final disposition of the litigation; and

(b) The order involves a controlling and unresolved question of law.

(2) A majority of the judges who are in regular active service on the court of appeals and who are not disqualified may, if approved by rules promulgated by the Colorado supreme court, order that an interlocutory appeal permitted by the court of appeals be heard or reheard by the court of appeals en banc.

Source: L. 2010: Entire section added, (HB 10-1395), ch. 364, p. 1719, § 2, effective August 11.

Cross references: For interlocutory appeals in civil cases, see C.A.R. 4.2.

13-4-102.2. Interlocutory appeals of motions to dismiss actions involving constitutional rights. The court of appeals has initial jurisdiction over appeals from motions to dismiss actions involving constitutional rights pursuant to section 13-20-1101.

Source: L. 2019: Entire section added, (HB 19-1324), ch. 414, p. 3650, § 2, effective July 1.

13-4-103. Number of judges - qualifications. (1) The number of judges of the court of appeals shall be sixteen. Effective July 1, 2006, the number of judges of the court of appeals shall be nineteen. Subject to available appropriations, effective July 1, 2008, the number of judges of the court of appeals shall be twenty-two.

(2) Judges of the court of appeals shall have the same qualifications as justices of the Colorado supreme court.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-3. L. 74: (1) amended, p. 236, § 2, effective July 1. L. 87: (1) amended, p. 560, § 1, effective July 1. L. 2006: (1) amended, p. 22, § 1, effective July 1; (1) amended, p. 142, § 8, effective August 7. L. 2007: (1) amended, p. 1530, § 17, effective May 31.

Editor's note: Amendments to subsection (1) by Senate Bill 06-033 and House Bill 06-1028 were harmonized.

13-4-104. Term of office - selection. (1) The term of office for a judge of the court of appeals is eight years.

(2) Judicial appointments to the court of appeals shall be made pursuant to section 20 of article VI of the state constitution.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-4. L. 72: p. 592, § 65.

13-4-104.5. Temporary judicial duties. Whenever the chief justice of the supreme court deems assignment of a judge necessary to the prompt disposition of judicial business, the chief justice may assign any judge of the court of appeals, or any retired judge of the court of appeals who consents, to temporarily perform judicial duties in any court of record. For each day of such temporary service a retired judge shall receive compensation as provided by law.

Source: L. 90: Entire section added, p. 1247, § 2, effective April 5.

13-4-105. Chief judge. The chief justice of the supreme court shall appoint a judge of the court of appeals to serve as chief judge at the pleasure of the chief justice. The chief judge shall exercise such administrative powers as may be delegated to him by the chief justice.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-5.

13-4-106. Divisions. (1) The court of appeals shall sit in divisions of three judges each to hear and determine all matters before the court.

(2) The chief judge, with the approval of the chief justice, shall assign judges to each division. Such assignments shall be changed from time to time as determined by the chief judge, with the approval of the chief justice.

(3) Cases shall be assigned to the divisions of the court of appeals in rotation according to the order in which they are filed with the clerk of the court of appeals or transferred by the supreme court, except that the chief judge has the authority to transfer cases from one division to another to maintain approximately equal case loads or for any other appropriate reason.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-6.

13-4-107. Place of court. The court of appeals shall be located in the city and county of Denver, but any division of the court of appeals may sit in any county seat for the purpose of hearing oral argument in cases before the division.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-7.

13-4-108. Supreme court review. (1) Before application may be made for writ of certiorari, as provided in this section, application shall be made to the court of appeals for a rehearing if required by supreme court rule.

(2) Within twenty-eight days after a rehearing has been refused by the court of appeals, any party in interest who is aggrieved by the judgment of the court of appeals may appeal by application to the supreme court for a writ of certiorari.

(3) Procedures on writs of certiorari, including procedures for rehearings, shall be as prescribed by rule of the supreme court.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-8. L. 98: Entire section amended, p. 949, § 11, effective May 27. L. 2013: (2) amended, (HB 13-1126), ch. 58, p. 191, §2, effective July 1.

Cross references: For review on certiorari, see C.A.R. 49.

13-4-109. Certification of cases to the supreme court. (1) The court of appeals, prior to final determination, may certify any case before it to the supreme court for its review and final determination, if the court of appeals finds:

(a) The subject matter of the appeal has significant public interest;

(b) The case involves legal principles of major significance; or

(c) The case load of the court of appeals is such that the expeditious administration of justice requires certification.

(2) The supreme court shall consider such certification and may accept the case for final determination or remand it for determination by the court of appeals.

(3) The supreme court may order the court of appeals to certify any case before the court of appeals to the supreme court for final determination.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-9.

13-4-110. Determination of jurisdiction - transfer of cases. (1) (a) When a party in interest alleges, or the court is of the opinion, that a case before the court of appeals is not properly within the jurisdiction of the court of appeals, the court of appeals shall refer the case to the supreme court. The supreme court shall decide the question of jurisdiction in a summary manner, and its determination shall be conclusive.

(b) A party in interest shall allege that a case is not properly within the jurisdiction of the court of appeals by motion filed with the court of appeals within twenty-one days after the date the record is filed with the clerk of the court of appeals, failing which any objection to jurisdiction by a party in interest shall be waived.

(2) Any case within the jurisdiction of the court of appeals which is filed erroneously in the supreme court shall be transferred to the court of appeals by the supreme court.

(3) No case filed either in the supreme court or the court of appeals shall be dismissed for having been filed in the wrong court but shall be transferred and considered properly filed in the court which the supreme court determines has jurisdiction.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-10. L. 71: p. 372, § 1. L. 2012: (1)(b) amended, (SB 12-175), ch. 208, p. 822, § 2, effective July 1.

13-4-111. Employees - compensation. (1) Subject to the rules and regulations of the supreme court, the court of appeals shall appoint a clerk, a reporter of decisions, deputy clerks, and such other assistants as may be necessary.

(2) Each judge of the court of appeals may appoint a law clerk who shall be learned in the law and one secretary or stenographer. The persons so employed may be discharged or removed at the pleasure of the judge employing them.

(3) All employees appointed under subsections (1) and (2) of this section shall be paid such compensation as shall be prescribed by the rules and regulations of the supreme court.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-11. L. 74: (1) amended, p. 236, § 3, effective July 1.

13-4-112. Fees of the clerk of court of appeals - equal justice fee collection. (1) (a) Within the time allowed or fixed for transmission of the record, the appellant shall pay to the clerk of the court of appeals a docket fee of two hundred twenty-three dollars.

(b) The docket fee for the appellee shall be one hundred forty-eight dollars to be paid upon the entry of appearance of the appellee.

(2) (a) Each fee collected pursuant to paragraph (a) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I) One hundred fifty dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(b) Each fee collected pursuant to paragraph (b) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I) Seventy-five dollars shall be deposited in the supreme court library fund created pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in section 13-32-101 (7)(a).

(3) Beginning January 1, 2025, the clerk of the court of appeals shall collect the equal justice fee on filings specified in subsections (1)(a) and (1)(b) of this section on behalf of the equal justice authority and transmit the equal justice fee in the amount of thirty dollars in the manner specified in section 13-5.7-205 (2).

Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-12. L. 82: Entire section R&RE, p. 285, § 3, effective July 1. L. 98: (2) amended, p. 685, § 2, effective July 1. L. 2007: Entire section amended, p. 1530, § 18, effective May 31. L. 2008: Entire section amended, p. 2114, § 6, effective June 4. L. 2024: (3) added, (HB 24-1286), ch. 339, p. 2297, § 3, effective June 3.

Cross references: For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008. For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

13-4-113. Publication of decisions.

(1) Repealed.

(2) Those court of appeals opinions to be published in full shall be selected as prescribed by supreme court rule.

Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-13. L. 74: (1) repealed, p. 236, § 4, effective July 1.

Cross references: For the duty of reporter to compile and publish decisions, see § 13-2-123.

ARTICLE 5

Judicial Districts

PART 1

JUDGES - TERMS

13-5-101. Judicial districts and terms. The state is divided into twenty-three judicial districts as prescribed by this part 1. Terms of court shall be fixed by rules adopted by the district court in each district; except that at least one term of court shall be held each calendar year in each county within the district, at the county seat of such county.

Source: L. 64: p. 398, § 1. C.R.S. 1963: § 37-12-1. L. 83: Entire section amended, p. 600, § 2, effective May 20. L. 2020: Entire section amended, (HB 20-1026), ch. 40, p. 136, § 2, effective January 7, 2025.

Cross references: (1) For the constitutional authority for general assembly's changing of boundaries of judicial districts by a two-thirds vote of each house, see § 10(1) of art. VI, Colo. Const.

(2) For the legislative declaration in HB 20-1026, see section 1 of chapter 40, Session Laws of Colorado 2020.

13-5-102. First district. (1) The first judicial district shall be composed of the counties of Gilpin and Jefferson.

(2) (a) The number of judges for the first judicial district shall be eleven.

(b) Subject to available appropriations, effective July 1, 2004, the number of judges for the first judicial district shall be twelve.

(c) Subject to available appropriations, effective July 1, 2008, the number of judges for the first judicial district shall be thirteen.

(d) (Deleted by amendment, L. 2011, (SB 11-028), ch. 21, p. 52, § 1, effective March 11, 2011.)

(e) Repealed.

(f) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to available appropriations, effective July 1, 2012, the number of judges for the first judicial district shall be thirteen.

(g) Subject to available appropriations, effective January 1, 2020, the number of judges for the first judicial district is fourteen.

(3) (a) Notwithstanding any provision of law to the contrary, the district and county judges regularly assigned to Gilpin county may sit and maintain their official chambers at a single location anywhere within such county, and any related office may also be maintained at such location.

(b) As used in this subsection (3), related office includes but need not be limited to the offices of the sheriff, county clerk and recorder, county treasurer, clerk of district court, and clerk of county court.

Source: L. 64: p. 398, § 2. C.R.S. 1963: § 37-12-2. L. 75: (1) amended, p. 559, § 1, effective July 1; (2) amended, p. 557, § 1, effective July 1. L. 77: (2) amended, p. 781, § 1, effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 1, effective January 1, 1991. L. 93: (3) added, p. 91, § 1, effective July 1. L. 99: (2) amended, p. 557, § 1, effective July 1. L. 2001: (1) and (2) amended, p. 141, § 1, effective July 1. L. 2007: (2) amended, p. 1525, § 1, effective May 31. L. 2011: (2) amended, (SB 11-028), ch. 21, p. 52, § 1, effective March 11. L. 2012: (2)(e) repealed and (2)(f) added, (HB 12-1073), ch. 11, p. 28, § 1, effective July 1. L. 2019: (2)(g) added, (SB 19-043), ch. 41, p. 140, § 1, effective March 21.

13-5-103. Second district. (1) The second judicial district shall be composed of the city and county of Denver.

(2) (a) The number of judges for the second judicial district shall be nineteen. Effective January 1, 1978, the number of judges shall be twenty.

(b) Subject to available appropriations, effective July 1, 2008, the number of judges for the second judicial district shall be twenty-one.

(c) Subject to available appropriations, effective July 1, 2009, the number of judges for the second judicial district shall be twenty-three.

(d) Subject to available appropriations, effective July 1, 2019, the number of judges for the second judicial district is twenty-five.

(e) Subject to available appropriations, effective January 1, 2020, the number of judges for the second judicial district is twenty-seven.

Source: L. 64: p. 398, § 3. C.R.S. 1963: § 37-12-3. L. 71: p. 368, § 1. L. 75: (2) amended, p. 557, § 2, effective January 1, 1976. L. 77: (2) amended, p. 781, § 2, effective July 1. L. 2007: (2) amended, p. 1525, § 2, effective May 31. L. 2019: (2)(d) and (2)(e) added, (SB 19-043), ch. 41, p. 140, § 2, effective March 21.

13-5-104. Third district. (1) The third judicial district shall be composed of the counties of Las Animas and Huerfano.

(2) The number of judges for the third judicial district shall be two.

(3) The third judicial district shall be divided into two divisions. The northern division shall consist of the county of Huerfano, and the southern division shall consist of the county of Las Animas. One judge of the district shall maintain his official residence and chambers in the northern division of the district, and one judge shall maintain his official residence and chambers in the southern division of the district. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes, the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court.

Source: L. 64: p. 398, § 4. C.R.S. 1963: § 37-12-4. L. 81: (3) amended, p. 2024, § 12, effective July 14.

13-5-105. Fourth district. (1) The fourth judicial district shall be composed of the counties of El Paso and Teller.

(2) (a) The number of judges for the fourth judicial district shall be fifteen.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for the fourth judicial district shall be sixteen.

(c) Subject to available appropriations, effective July 1, 2003, the number of judges for the fourth judicial district shall be seventeen.

(d) Subject to available appropriations, effective July 1, 2004, the number of judges for the fourth judicial district shall be nineteen.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for the fourth judicial district shall be twenty.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for the fourth judicial district shall be twenty-two.

(g) Subject to available appropriations, effective July 1, 2019, the number of judges for the fourth judicial district is twenty-three.

(h) Subject to available appropriations, effective January 1, 2020, the number of judges for the fourth judicial district is twenty-four.

(i) Subject to available appropriations, effective July 1, 2025, the number of judges for the fourth judicial district is twenty-five.

(j) Subject to available appropriations, effective July 1, 2026, the number of judges for the fourth judicial district is twenty-six.

Source: L. 64: pp. 399, 405, 407, §§ 5, 1, 1. C.R.S. 1963: § 37-12-5. L. 67: p. 258, § 1. L. 69: p. 261, § 1. L. 71: p. 369, § 1. L. 75: (2) amended, p. 557, § 3, effective January 1, 1976. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 2, effective January 1, 1991. L. 91: (2) amended, p. 349, § 1, effective July 1. L. 97: (2) amended, p. 939, § 1, effective July 1, 1998. L. 2000: Entire section amended, p. 71, § 1, effective July 1. L. 2001: Entire section amended, p. 141, § 2, effective July 1. L. 2007: (2) amended, p. 1526, § 3, effective May 31. L. 2019: (2)(g) and (2)(h) added, (SB 19-043), ch. 41, p. 140, § 3, effective March 21. L. 2025: (2)(i) and (2)(j) added, (SB 25-024), ch. 23, p. 86, § 1, effective March 24.

13-5-106. Fifth district. (1) The fifth judicial district shall be composed of the counties of Clear Creek, Eagle, Lake, and Summit.

(2) (a) The number of judges for the fifth judicial district shall be six.

(b) and (c) Repealed.

(d) At least one of the judges for the fifth judicial district shall maintain his or her official chambers and residence in the county of Eagle, Lake, or Summit.

Source: L. 64: p. 399, § 6. C.R.S. 1963: § 37-12-6. L. 75: Entire section amended, p. 559, § 2, effective July 1. L. 84: (2) amended, p. 454, § 1, effective September 1. L. 2001: Entire section amended, p. 142, § 3, effective July 1. L. 2013: (2)(a) amended and (2)(b) and (2)(c) repealed, (HB 13-1035), ch. 13, p. 35, § 1, effective July 1.

13-5-107. Sixth district. (1) The sixth judicial district shall be composed of the counties of Archuleta, La Plata, and San Juan.

(2) (a) The number of judges for the sixth judicial district shall be two.

(b) (Deleted by amendment, L. 2012.)

(c) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to available appropriations, effective July 1, 2012, the number of judges for the sixth judicial district shall be four.

Source: L. 64: p. 399, § 7. C.R.S. 1963: § 37-12-7. L. 2001: Entire section amended, p. 142, § 4, effective July 1. L. 2012: (2) amended, (HB 12-1073), ch. 11, p. 28, § 2, effective July 1.

13-5-108. Seventh district. (1) The seventh judicial district shall be composed of the counties of Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel.

(2) (a) The number of judges for the seventh judicial district shall be three.

(b) Subject to available appropriations, effective July 1, 2003, the number of judges for the seventh judicial district shall be four.

(c) Subject to available appropriations, effective July 1, 2011, the number of judges for the seventh judicial district is five.

(d) Subject to available appropriations, effective July 1, 2026, the number of judges for the seventh judicial district is six.

Source: L. 64: p. 400, § 8. C.R.S. 1963: § 37-12-8. L. 84: (2) amended, p. 454, § 2, effective September 1. L. 2001: Entire section amended, p. 142, § 5, effective July 1. L. 2011: (2) amended, (SB 11-028), ch. 21, p. 52, § 2, effective March 11. L. 2025: (2)(c) amended and (2)(d) added, (SB 25-024), ch. 23, p. 86, § 2, effective March 24.

13-5-109. Eighth district. (1) The eighth judicial district shall be composed of the counties of Larimer and Jackson.

(2) (a) The number of judges for the eighth judicial district shall be five.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the eighth judicial district shall be six.

(c) Subject to available appropriations, effective July 1, 2008, the number of judges for the eighth judicial district shall be seven.

(d) Subject to available appropriations, effective July 1, 2009, the number of judges for the eighth judicial district shall be eight.

(e) Subject to available appropriations, effective January 1, 2020, the number of judges for the eighth judicial district is nine.

Source: L. 64: p. 400, § 9. C.R.S. 1963: § 37-12-9. L. 75: (2) amended, p. 557, § 4, effective July 1. L. 2001: Entire section amended, p. 142, § 6, effective July 1. L. 2007: (2) amended, p. 1526, § 4, effective May 31. L. 2019: (2)(e) added, (SB 19-043), ch. 41, p. 141, § 4, effective March 21.

13-5-110. Ninth district. (1) The ninth judicial district shall be composed of the counties of Garfield, Pitkin, and Rio Blanco.

(2) (a) The number of judges for the ninth judicial district shall be five.

(b) (Deleted by amendment, L. 2013.)

Source: L. 64: p. 400, § 10. C.R.S. 1963: § 37-12-10. L. 72: p. 188, § 1. L. 2007: (2) amended, p. 1526, § 5, effective May 31. L. 2013: (2) amended, (HB 13-1035), ch. 13, p. 35, § 2, effective July 1.

13-5-111. Tenth district. (1) The tenth judicial district shall be composed of the county of Pueblo.

(2) (a) The number of judges for the tenth judicial district shall be six.

(b) Subject to available appropriations, effective July 1, 2008, the number of judges for the tenth judicial district shall be seven.

(c) Subject to available appropriations, effective July 1, 2019, the number of judges for the tenth judicial district is eight.

Source: L. 64: p. 400, § 11. C.R.S. 1963: § 37-12-11. L. 73: p. 493, § 1. L. 75: (2) amended, p. 558, § 5, effective July 1. L. 2007: (2) amended, p. 1526, § 6, effective May 31. L. 2019: (2)(c) added, (SB 19-043), ch. 41, p. 141, § 5, effective March 21.

13-5-112. Eleventh district. (1) The eleventh judicial district shall be composed of the counties of Chaffee, Custer, Fremont, and Park.

(2) (a) The number of judges for the eleventh judicial district shall be three.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the eleventh judicial district shall be four.

(3) The eleventh judicial district shall be divided into two divisions. The northern division shall consist of the counties of Chaffee and Park, and the southern division shall consist of the counties of Fremont and Custer. One judge of the district shall maintain his official residence and chambers in the northern division of the district, one judge shall maintain his official residence and chambers in the southern division of the district, and one judge shall sit in both divisions as assigned by the chief judge. Travel and maintenance expenses shall be allowed a judge of the district only when he is outside the county of his official residence. For all other purposes the district shall be considered as a single entity. The allocation of judges to the northern and southern divisions shall be made by court rule. In the event that the judges of the district are unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of the supreme court.

Source: L. 64: p. 400, § 12. C.R.S. 1963: § 37-12-12. L. 80: (2) and (3) amended, p. 507, § 1, effective July 1. L. 81: (3) amended, p. 2024, § 13, effective July 14. L. 2007: (2) amended, p. 1527, § 7, effective May 31.

13-5-113. Twelfth district. (1) The twelfth judicial district shall be composed of the counties of Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache.

(2) (a) The number of judges for the twelfth judicial district shall be two.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twelfth judicial district shall be three.

(c) Subject to available appropriations, effective July 1, 2015, the number of judges for the twelfth judicial district shall be four.

Source: L. 64: p. 401, § 13. C.R.S. 1963: § 37-12-13. L. 2007: (2) amended, p. 1527, § 8, effective May 31. L. 2015: (2)(c) added, (HB 15-1034), ch. 39, p. 98, § 1, effective March 20.

13-5-114. Thirteenth district. (1) The thirteenth judicial district shall be composed of the counties of Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma.

(2) (a) The number of judges for the thirteenth judicial district shall be four.

(b) Subject to available appropriations, effective July 1, 2019, the number of judges for the thirteenth judicial district is five.

(c) Subject to available appropriations, effective July 1, 2026, the number of judges for the thirteenth judicial district is six.

Source: L. 64: p. 401, § 14. C.R.S. 1963: § 37-12-14. L. 69: p. 261, § 2. L. 2019: (2) amended, (SB 19-043), ch. 41, p. 141, § 6, effective March 21. L. 2025: (2)(c) added, (SB 25-024), ch. 23, p. 86, § 3, effective March 24.

13-5-115. Fourteenth district. (1) The fourteenth judicial district shall be composed of the counties of Grand, Moffat, and Routt.

(2) (a) The number of judges for the fourteenth judicial district shall be two.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the fourteenth judicial district shall be three.

Source: L. 64: p. 401, § 15. C.R.S. 1963: § 37-12-15. L. 74: (2) amended, p. 235, § 1, effective July 1. L. 2007: (2) amended, p. 1527, § 9, effective May 31.

13-5-116. Fifteenth district. (1) The fifteenth judicial district shall be composed of the counties of Baca, Cheyenne, Kiowa, and Prowers.

(2) The number of judges for the fifteenth judicial district shall be two.

Source: L. 64: p. 401, § 16. C.R.S. 1963: § 37-12-16.

13-5-117. Sixteenth district. (1) The sixteenth judicial district shall be composed of the counties of Bent, Crowley, and Otero.

(2) The number of judges for the sixteenth judicial district shall be two.

Source: L. 64: p. 401, § 17. C.R.S. 1963: § 37-12-17.

13-5-118. Seventeenth district. (1) The seventeenth judicial district shall be composed of the county of Adams and the city and county of Broomfield.

(2) (a) The number of judges for the seventeenth judicial district shall be eight.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for the seventeenth judicial district shall be nine.

(c) Subject to available appropriations, effective July 1, 2003, the number of judges for the seventeenth judicial district shall be ten.

(d) Subject to available appropriations, effective July 1, 2007, the number of judges for the seventeenth judicial district shall be eleven.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for the seventeenth judicial district shall be thirteen.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for the seventeenth judicial district shall be fifteen.

(g) Subject to available appropriations, effective January 1, 2020, the number of judges for the seventeenth judicial district is sixteen.

(h) Subject to available appropriations, effective July 1, 2025, the number of judges for the seventeenth judicial district is seventeen.

(i) Subject to available appropriations, effective July 1, 2026, the number of judges for the seventeenth judicial district is eighteen.

(3) The seventeenth judicial district shall have jurisdiction over all causes of action accruing and all crimes committed within the city and county of Broomfield on or after November 15, 2001. Prior to November 15, 2001, the judicial districts for the counties, as they existed prior to November 15, 2001, shall have jurisdiction over all causes of action accruing and crimes committed within such counties.

Source: L. 64: p. 401, § 18. C.R.S. 1963: § 37-12-18. L. 67: p. 229, § 1. L. 77: (2) amended, p. 781, § 3, effective July 1. L. 84: (2) amended, p. 454, § 3, effective September 1. L. 2000: (1) amended and (3) added, p. 251, § 1, effective August 2. L. 2001: Entire section amended, p. 143, § 7, effective July 1. L. 2007: (2) amended, p. 1527, § 10, effective May 31. L. 2019: (2)(g) added, (SB 19-043), ch. 41, p. 141, § 7, effective March 21. L. 2025: (2)(h) and (2)(i) added, (SB 25-024), ch. 23, p. 87, § 4, effective March 24.

13-5-119. Eighteenth district. (1) The eighteenth judicial district shall be composed of Arapahoe county.

(2) (a) The number of judges for the eighteenth judicial district shall be fourteen.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for the eighteenth judicial district shall be fifteen.

(c) Subject to available appropriations, effective July 1, 2003, the number of judges for the eighteenth judicial district shall be sixteen.

(d) (I) Subject to available appropriations, effective July 1, 2004, the number of judges for the eighteenth judicial district shall be seventeen.

(II) Subject to available appropriations, effective July 1, 2007, the number of judges for the eighteenth judicial district shall be eighteen.

(III) Subject to available appropriations, effective July 1, 2008, the number of judges for the eighteenth judicial district shall be twenty.

(IV) Subject to available appropriations, effective July 1, 2009, the number of judges for the eighteenth judicial district shall be twenty-one.

(V) Subject to available appropriations, effective July 1, 2014, the number of judges for the eighteenth judicial district is twenty-three.

(VI) Subject to available appropriations, effective January 1, 2020, the number of judges for the eighteenth judicial district is twenty-four.

(VII) Subject to available appropriations, effective January 1, 2025, the number of judges for the eighteenth judicial district is seventeen.

(VIII) Subject to available appropriations, effective July 1, 2025, the number of judges for the eighteenth judicial district is eighteen.

(IX) Subject to available appropriations, effective July 1, 2026, the number of judges for the eighteenth judicial district is nineteen.

(e) The district judges regularly assigned to Arapahoe county may maintain offices outside of the county seat.

(3) Repealed.

Source: L. 64: pp. 401, 405, §§ 19, 2. C.R.S. 1963: § 37-12-19. L. 67: p. 229, § 2. L. 69: p. 261, § 3. L. 75: (2) amended and (3) added, p. 558, § 6, effective January 1, 1976. L. 77: (2) amended, p. 781, § 4, effective July 1. L. 79: (2) amended, p. 604, § 1, effective June 19. L. 81: (3) repealed, p. 2025, § 14, effective July 14. L. 85: (2) amended, p. 569, § 1, effective November 14, 1986. L. 86: (2) amended, p. 674, § 1, effective November 14. L. 93, 1st Ex. Sess.: (2) amended, p. 33, § 1, effective September 13. L. 97: (2) amended, p. 939, § 2, effective July 1, 1998. L. 2000: Entire section amended, p. 71, § 2, effective July 1. L. 2001: Entire section amended, p. 143, § 8, effective July 1. L. 2007: (2)(d) amended, p. 1527, § 11, effective May 31. L. 2014: (2)(d)(V) added, (HB 14-1050), ch. 36, p. 192, § 1, effective March 14. L. 2019: (2)(d)(VI) added, (SB 19-043), ch. 41, p. 141, § 8, effective March 21. L. 2020: (1) amended and (2)(d)(VII) added, (HB 20-1026), ch. 40, p. 136, § 3, effective January 7, 2025. L. 2025: (2)(d)(VIII) and (2)(d)(IX) added and (2)(e) amended, (SB 25-024), ch. 23, p. 87, § 5, effective March 24.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter 40, Session Laws of Colorado 2020.

13-5-120. Nineteenth district. (1) The nineteenth judicial district shall be composed of the county of Weld.

(2) (a) The number of judges for the nineteenth judicial district shall be four.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for the nineteenth judicial district shall be five.

(c) Subject to available appropriations, effective July 1, 2003, the number of judges for the nineteenth judicial district shall be six.

(d) Subject to available appropriations, effective July 1, 2007, the number of judges for the nineteenth judicial district shall be seven.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for the nineteenth judicial district shall be eight.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for the nineteenth judicial district shall be nine.

(g) Subject to available appropriations, effective July 1, 2019, the number of judges for the nineteenth judicial district is ten.

(h) Subject to available appropriations, effective January 1, 2020, the number of judges for the nineteenth judicial district is eleven.

(i) Subject to available appropriations, effective July 1, 2026, the number of judges for the nineteenth judicial district is twelve.

Source: L. 64: p. 402, § 20. C.R.S. 1963: § 37-12-20. L. 68: p. 48, § 1. L. 75: (2) amended, p. 558, § 7, effective July 1. L. 2001: Entire section amended, p. 143, § 9, effective July 1. L. 2007: (2) amended, p. 1528, § 12, effective May 31. L. 2019: (2)(g) and (2)(h) added, (SB 19-043), ch. 41, p. 141, § 9, effective March 21. L. 2025: (2)(i) added, (SB 25-024), ch. 23, p. 87, § 6, effective March 24.

13-5-121. Twentieth district. (1) The twentieth judicial district shall be composed of the county of Boulder.

(2) (a) The number of judges for the twentieth judicial district shall be six.

(b) Subject to available appropriations, effective July 1, 2003, the number of judges for the twentieth judicial district shall be seven.

(c) Subject to available appropriations, effective July 1, 2004, the number of judges for the twentieth judicial district shall be eight.

(d) Subject to available appropriations, effective June 30, 2010, the number of judges for the twentieth judicial district shall be nine.

Source: L. 64: p. 402, § 21. C.R.S. 1963: § 37-12-21. L. 69: p. 262, § 1. L. 77: (2) amended, p. 782, § 5, effective July 1. L. 2001: Entire section amended, p. 144, § 10, effective July 1. L. 2007: (2) amended, p. 1528, § 13, effective May 31.

13-5-122. Twenty-first district. (1) The twenty-first judicial district shall be composed of the county of Mesa.

(2) (a) The number of judges for the twenty-first judicial district shall be four.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twenty-first judicial district shall be five.

(c) Subject to available appropriations, effective July 1, 2019, the number of judges for the twenty-first judicial district is six.

Source: L. 64: p. 402, § 22. C.R.S. 1963: § 37-12-22. L. 77: (2) amended, p. 782, § 6, effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 3, effective January 1, 1991. L. 2007: (2) amended, p. 1528, § 14, effective May 31. L. 2019: (2)(c) added, (SB 19-043), ch. 41, p. 141, § 10, effective March 21.

13-5-123. Twenty-second district. (1) The twenty-second judicial district shall be composed of the counties of Dolores and Montezuma.

(2) (a) The number of judges for the twenty-second judicial district shall be one.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for the twenty-second judicial district shall be two.

Source: L. 64: p. 402, § 23. C.R.S. 1963: § 37-12-23. L. 2007: (2) amended, p. 1529, § 15, effective May 31.

13-5-123.1. Twenty-third district. (1) The twenty-third judicial district shall be composed of the counties of Douglas, Elbert, and Lincoln.

(2) Subject to available appropriations, the number of judges for the twenty-third judicial district is eight.

(3) Subject to available appropriations, effective July 1, 2025, the number of judges for the twenty-third judicial district is nine.

Source: L. 2020: Entire section added, (HB 20-1026), ch. 40, p. 136, § 4, effective January 7, 2025. L. 2025: (3) added, (SB 25-024), ch. 23, p. 87, § 7, effective March 24.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter 40, Session Laws of Colorado 2020.

13-5-123.2. Twenty-third judicial district - elections in 2024 - reports - repeal. (1) (a) Notwithstanding section 24-1-136 (11)(a)(I), commencing with the presentation in 2021 and each presentation thereafter to and including the presentation in 2025, at the joint hearings conducted pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, the judicial department shall report on its progress toward making the system changes and other steps necessary for the creation of the twenty-third judicial district. Prior to these presentations, the judicial department shall request input from each of the counties in the then-existing eighteenth judicial district and include their input in the presentation.

(b) For state fiscal years 2020-21 to 2024-25, as part of its annual budget requests to the joint budget committee of the general assembly, the judicial department shall include details about any budget requests related to the preparation for and creation of the twenty-third judicial district.

(c) At its presentation in 2026, at the joint hearings conducted pursuant to the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2, the judicial department shall prepare a final report detailing the entire transition process from the enactment of House Bill 20-1026, enacted in 2020, to the effective date of the creation of the twenty-third judicial district, detailing what aspects went relatively smoothly, what aspects created issues, and any recommendations to the general assembly concerning how any future revision of judicial district lines might be made easier.

(1.5) To facilitate the establishment of the twenty-third judicial district and the revision of the eighteenth judicial district, prior to January 14, 2025, the operations and employees of the eighteenth judicial district may be divided into two distinct units.

(2) Due to the creation of the twenty-third judicial district in 2025, at the general election in November of 2024:

(a) A question shall be presented to the electors of Arapahoe county concerning the election of the district attorney for the eighteenth judicial district who will take office in January of 2025;

(b) A question shall be presented to the electors of the counties of Douglas, Elbert, and Lincoln concerning the election of the district attorney for the twenty-third judicial district who will take office in January of 2025; and

(c) Any district court judge of the eighteenth judicial district who is eligible for retention at the November 2024 election may stand for a retention election from the electors of the eighteenth judicial district.

(3) (a) Effective January 14, 2025, any district court judge who on that date was serving as a district court judge in the eighteenth judicial district and who lives within the boundaries of the new twenty-third judicial district shall, pursuant to section 10 of article VI of the state constitution, complete the term for which the judge was last elected or appointed as a district court judge in the twenty-third judicial district. Such district court judges are eligible for a retention election in the twenty-third judicial district in the same year that they would have been eligible for a retention election in the eighteenth judicial district but for the creation of the twenty-third judicial district.

(b) On and after January 14, 2025, assignment of judges shall be pursuant to sections 10 and 11 of article VI of the state constitution.

(4) This section is repealed, effective July 7, 2027.

Source: L. 2020: Entire section added, (HB 20-1026), ch. 40, p. 136, § 5, effective September 14. L. 2024: (1.5) added and (3) amended, (HB 24-1455), ch. 256, pp. 1679, 1678, §§ 3, 1, effective May 24.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter 40, Session Laws of Colorado 2020.

13-5-124. Appointment of clerk and employees. District court personnel shall be appointed pursuant to the provisions of section 13-3-105.

Source: L. 64: p. 403, § 27. C.R.S. 1963: § 37-12-27. L. 69: p. 249, § 5. L. 79: Entire section R&RE, p. 598, § 11, effective July 1.

13-5-125. Clerks to keep records. The clerks of district courts shall keep the financial records prescribed by the state court administrator under the provisions of section 13-3-106.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-30. L. 73: p. 1402, § 29.

13-5-126. Duties of bailiff. It is the duty of every bailiff to preserve order in the court to which he may be appointed; to attend upon the jury; to open and close the court; and to perform such other duties as may be required of him by the judge of the court.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-31.

13-5-127. Duties of reporters. The shorthand reporter, on the direction of the court, shall take down in shorthand all the testimony, rulings of the court, exceptions taken, oral instructions given, and other proceedings had during the trial of any cause, and in such causes as the court may designate.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-32.

13-5-128. Compensation of reporter. The shorthand reporter of a court of record shall be compensated for preparation of the original and any copies of the typewritten transcript of his shorthand notes at such rates as from time to time may be established and promulgated by the supreme court of the state of Colorado. Where, in a court of record, no shorthand reporter is employed and trial transcripts are prepared by other court personnel, such personnel shall be similarly compensated for any transcript preparation required to be accomplished in other than normal working hours.

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-33. L. 69: p. 1085, § 1. L. 73: p. 494, § 1. L. 79: Entire section R&RE, p. 605, § 1, effective May 22.

13-5-129. Reporters' expenses. (Repealed)

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-34. L. 69: p. 249, § 6. L. 79: Entire section repealed, p. 602, § 30, effective July 1.

13-5-130. Reporters to file verified statements. (Repealed)

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-35. L. 72: p. 591, § 58. L. 79: Entire section repealed, p. 602, § 30, effective July 1.

13-5-131. Multiple-judge districts. In any district court composed of more than one judge, each of the judges shall sit separately for the trial of causes and the transaction of business and shall have and exercise all the powers and functions, as well in vacation of court as in term time, which he might have and exercise if he were the sole judge of said court.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-38.

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.

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

13-5-133. Judges may sit en banc - purpose - rules. (1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions of section 13-3-105, and other ministerial duties, subject to the administrative powers delegated to the chief judge by the chief justice of the supreme court pursuant to section 5 (4) of article VI of the state constitution.

(2) Subject to the approval of the chief justice of the supreme court, a district court sitting en banc may make rules:

(a) To facilitate the transaction of business in the courts held by the judges sitting separately; and

(b) To provide for the classification, arrangement, and distribution of the business of the court among the several judges thereof.

(3) Judges of a district court in districts having more than one judge may sit en banc only for the purposes enumerated in this section, and the court so sitting en banc shall have no power to review any order, decision, or proceeding of the court held by any judge sitting separately.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-40. L. 69: p. 250, § 9.

13-5-134. Juries. Jurors may be summoned and empaneled for each of the judges sitting separately as though each were the sole court.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-41. L. 84: Entire section amended, p. 476, § 1, effective February 6.

13-5-135. Time limit on judgment. Every motion, issue, or other matter arising in any cause pending or to be brought in any district court of this state, and which is submitted to any such court for judgment or decision thereof, shall be determined by the court within ninety days after the adjournment of court. This section shall not be so construed as to prohibit a decision after the expiration of the time limited, but only as working a forfeiture as provided in section 13-5-136.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-42.

13-5-136. Forfeit of salary. (1) If any judge of any district court, to whom any motion, issue, or other matter, arising in any cause, is submitted for judgment or decision, fails or neglects to decide or give judgment upon the same within the time limited by section 13-5-135, such judge shall not receive from the state treasury any salary for the quarter in which such failure occurred, when the following requirements are satisfied:

(a) The party aggrieved by the failure of such judge to rule in a timely manner files a complaint demanding the withholding of the salary of such judge with the commission on judicial discipline established in section 23 (3) of article VI of the state constitution;

(b) The commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, investigates the judge's alleged violation of section 13-5-135;

(c) After such investigation the commission on judicial discipline, in accordance with rule 4 of the Colorado rules of judicial discipline, makes a recommendation concerning the allegation to the Colorado supreme court; and

(d) If deemed appropriate, the Colorado supreme court issues an order directing the department of the treasury to withhold the judge's salary.

(2) This section shall not apply in case of the sickness or death of a judge.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-43. L. 2000: Entire section amended, p. 153, § 1, effective March 17.

13-5-137. Judges seeking retention in office. (Repealed)

Source: L. 79: Entire section added, p, 606, § 1, effective April 25; entire section repealed, p. 606, § 1, effective June 30, 1980.

13-5-138. Appeals to district court. If a statute provides for review of the acts of any court, board, commission, or officer by certiorari or other writ and if no time within which review may be sought is provided by statute, a petition to review such acts shall be filed in the district court not later than thirty days from the final action taken by said court, board, commission, or officer.

Source: L. 81: Entire section added, p. 877, § 1, effective April 24.

13-5-139. Transfer of information from orders for child support and maintenance to child support enforcement agency - payment of support and maintenance. (1) On and after July 1, 1991, and contingent upon the executive director of the department of human services notifying the state court administrator that a particular county or judicial district is ready to implement and participate in the family support registry created in section 26-13-114, C.R.S., the clerk of the court of every judicial district in the state shall transfer the information described in section 26-13-114 (7), C.R.S., to the delegate child support enforcement unit within five working days after entry or modification of a court order or filing of an administrative order in any IV-D case, as defined in section 26-13-102.5 (2), C.R.S.

(2) to (4) Repealed.

Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 87: (1) amended, p. 591, § 12, effective July 10. L. 88: (4) amended, p. 635, § 15, effective July 1. L. 90: (1) amended and (2) to (4) repealed, pp. 1412, 1416, §§ 6, 17, effective June 8. L. 94: (1) amended, p. 2640, § 87, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.

13-5-140. Transfer of certain registry functions - cooperation between departments. The judicial department and the department of human services shall cooperate in the transfer of the functions relating to the collection of child support from the courts to the child support enforcement agency specified in article 13 of title 26, C.R.S. In order to implement such transfer, which shall be completed on or after July 1, 1991, and upon notification to the state court administrator by the executive director of the department of human services that a particular county or judicial district is ready to implement and participate in the family support registry, the judicial department shall transfer to the state child support enforcement agency all necessary data, computer programs, technical written material, and budgetary information and shall provide such technical assistance as may be required. The judicial department shall retain payment records relating to child support orders until the executive director of the department of human services notifies the state court administrator that retention of the records is no longer necessary.

Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 88: Entire section amended, p. 636, § 16, effective July 1. L. 90: Entire section amended, p. 1412, § 7, effective June 8. L. 94: Entire section amended, p. 2640, § 88, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.

13-5-141. Compilation - sentences received upon conviction of felony. (1) The state court administrator's office shall, by March 1 and by September 1 of each year, prepare and make available to the public at each district court, for a reasonable charge, a compilation of the sentences imposed in felony cases by each judge in each district court. Such compilation shall include:

(a) The name of each judge;

(b) The name of each offender and a description of the crime for which he was convicted;

(c) The sentence imposed by each such judge for each such felony case; and

(d) A statement that complete information concerning aggravating and mitigating factors, plea and sentence concessions, and other sentencing considerations is available in the court file. As soon as practical, such information shall be included in the compilation.

Source: L. 87: Entire section added, p. 542, § 1, effective July 1.

13-5-142. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the bureau:

(a) The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(b) The name of each person who has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; and

(c) The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if:

(a) The person to whom the record pertains makes a written request to the state court administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of certification, commitment, recertification, or recommitment expired, or a court entered an order terminating the person's incapacity or discharging the person from certification or commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of certification or commitment to the custody of the behavioral health administration in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment pursuant to section 27-81-112 (11) on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or the court entered an order discharging the person from certification in the nature of habeas corpus pursuant to section 27-65-115, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder.

(4) Pursuant to section 102 (c) of the federal NICS Improvement Amendments Act of 2007 (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and

(b) Notify the attorney general that such basis does not apply or no longer applies.

Source: L. 2002: Entire section added, p. 753, § 1, effective January 1, 2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 780, § 15, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13-1229), ch. 47, p. 131, § 2, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 263, p. 1251, § 5, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18-091), ch. 35, p. 382, § 8, effective August 8. L. 2020: (1)(b) amended, (SB 20-007), ch. 286, p. 1414, § 42, effective July 13; (3)(b)(II) and (3)(b)(III) amended, (SB 20-136), ch. 70, p. 281, § 2, effective September 14. L. 2022: (1)(b) and (3)(b)(II) amended, (HB 22-1278), ch. 222, p. 1490, § 9, effective July 1; (1)(c) and (3)(b)(III) amended, (HB 22-1256), ch. 451, p. 3224, § 14, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2488, § 6, effective July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

13-5-142.5. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec. 922 (d)(4) and (g)(4), as permitted by the federal NICS Improvement Amendments Act of 2007 (Pub.L. 110-180, sec. 105).

(2) Eligibility. A person may petition for relief pursuant to this section if:

(a) (I) He or she has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(II) The person has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; or

(III) The court has entered an order for the person's involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110; and

(b) He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4).

(3) Due process. In a court proceeding pursuant to this section:

(a) The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition;

(b) The court shall review the evidence; and

(c) The court shall create and thereafter maintain a record of the proceeding.

(4) Proper record. In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider:

(a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922 (g)(4);

(b) The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and

(c) The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence.

(5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section, the court shall issue findings that:

(I) The petitioner is not likely to act in a manner that is dangerous to public safety; and

(II) Granting relief to the petitioner is not contrary to the public interest.

(b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court.

(II) A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court.

(III) In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review.

Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 132, § 3, effective March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 263, p. 1251, § 6, effective May 25. L. 2018: (2)(a)(III) amended, (SB 18-091), ch. 35, p. 383, § 9, effective August 8. L. 2020: (2)(a)(II) amended, (SB 20-007), ch. 286, p. 1414, § 43, effective July 13. L. 2022: (2)(a)(II) amended, (HB 22-1278), ch. 222, p. 1491, § 10, effective July 1; (2)(a)(III) amended, (HB 22-1256), ch. 451, p. 3225, § 15, effective August 10. L. 2023: (2)(a)(III) amended, (HB 23-1138), ch. 423, p. 2488, § 7, effective July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

13-5-142.8. Notice by professional persons. Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and 13-5-142.5 (2), an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109 must also include a notice filed by a professional person pursuant to section 27-65-108.5 or 27-65-109, and an order for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10) must also include a notice filed by a professional person pursuant to section 27-65-109 (10).

Source: L. 2019: Entire section added, (SB 19-177), ch. 311, p. 2812, § 3, effective August 2. L. 2022: Entire section amended, (HB 22-1256), ch. 451, p. 3225, § 16, effective August 10. L. 2023: Entire section amended, (HB 23-1138), ch. 423, p. 2488, § 8, effective July 1, 2024.

13-5-143. Judge as party to a case - recusal of judge upon motion. (1) If a judge or former judge of a district court is a party in his or her individual and private capacity in a case that is to be tried within any district court in the same judicial district in which the judge or former judge is or was a judge of a district court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case.

(2) If a district court receives a motion filed by a party pursuant to subsection (1) of this section, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a district court in the same judicial district in which the judge or former judge who is a party to the case in his or her individual and private capacity is or was a judge of a district court.

(3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the chief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case.

(4) The provisions of this section shall not apply to a water judge or referee when he or she is acting within his or her exclusive jurisdiction over water matters pursuant to section 37-92-203, C.R.S.

Source: L. 2008: Entire section added, p. 435, § 1, effective August 5.

13-5-144. Chief judge - veterans treatment court authority. The chief judge of a judicial district may establish an appropriate program for the treatment of veterans and members of the military. In establishing any such program, the chief judge, in collaboration with the probation department, the district attorney, and the state public defender, shall establish program guidelines and eligibility criteria.

Source: L. 2010: Entire section added, (HB 10-1104), ch. 139, p. 465, § 3, effective April 16. L. 2018: Entire section amended, (HB 18-1078), ch. 135, p. 890, § 2, effective August 8.

Cross references: For the legislative declaration in the 2010 act adding this section, see section 1 of chapter 139, Session Laws of Colorado 2010.

13-5-145. Truancy detention reduction policy - legislative declaration. (1) The general assembly finds that:

(a) Imposing a sentence of detention on a juvenile who violates a court order to attend school does not improve the likelihood that the juvenile will attend school and does not address the underlying causes of the juvenile's truancy;

(b) The best methods to address truancy and its underlying causes and the resources needed to implement those methods are different in each community;

(c) Since 2014, the juvenile courts in many judicial districts around the state have successfully reduced the use of detention for juveniles who are truant by implementing pilot projects through which the juvenile court imposes reasonable sanctions and, where possible, provides incentives to attend school, reserving detention as a sanction of last resort; and

(d) These pilot projects need additional time to produce meaningful data regarding the effectiveness of the alternate sanctions and incentives and to determine whether they result in improved outcomes for juveniles and their families.

(2) The chief judge in each judicial district, or his or her designee, shall convene a meeting of community stakeholders to create a policy for addressing truancy cases that seeks alternatives to the use of detention as a sanction for truancy. Community stakeholders may include, but need not be limited to:

(a) Parents;

(b) Representatives from school districts;

(c) Representatives from county departments of human or social services;

(d) Guardians ad litem;

(e) Court-appointed special advocates;

(f) Juvenile court judges;

(g) Respondent counsel;

(h) Representatives from law enforcement agencies;

(i) Mental health-care providers;

(j) Substance use disorder treatment providers;

(k) Representatives from the division of criminal justice in the department of public safety;

(l) Representatives from the state department of human services; and

(m) Representatives from the department of education.

(3) The chief judge in each judicial district shall adopt a policy for addressing truancy cases no later than March 15, 2016. In developing the policy for addressing truancy cases, the chief judge and the community stakeholders shall consider, at a minimum:

(a) Best practices for addressing truancy that are used in other judicial districts and in other states;

(b) Evidence-based practices to address and reduce truancy;

(c) Using a wide array of reasonable sanctions and reasonable incentives to address and reduce truancy;

(d) Using detention only as a last resort after exhausting all other reasonable sanctions and, when imposing detention, appropriately reducing the number of days served; and

(e) Research regarding the effect of detention on juveniles.

(4) The state court administrator's office shall report to the judiciary committees of the house of representatives and the senate, or any successor committees, no later than April 15, 2016, regarding the policy for addressing truancy cases adopted by each judicial district.

Source: L. 2015: Entire section added, (SB 15-184), ch. 286, p. 1172, § 1, effective August 5. L. 2017: (2)(j) amended, (SB 17-242), ch. 263, p. 1292, § 105, effective May 25. L. 2018: (2)(c) amended, (SB 18-092), ch. 38, p. 398, § 7, effective August 8.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

PART 2

DISTRICT COURT MAGISTRATES

13-5-201. District court magistrates. (1) District court magistrates may be appointed, subject to available appropriations, pursuant to section 13-3-105, if approved by the chief justice of the supreme court.

(2) A district court magistrate shall be a qualified attorney-at-law admitted to practice in this state and in good standing. Nothing in this part 2 shall affect the qualifications of water referees appointed pursuant to section 37-92-203 (6), C.R.S.

(2.5) District court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.

(3) District court magistrates may hear such matters as are determined by rule of the supreme court, subject to the provision that no magistrate may preside in any trial by jury.

(3.5) District court magistrates shall have the power to preside over matters specified in section 13-17.5-105.

(4) For purposes of this part 2, the Denver probate court shall be regarded as a district court.

Source: L. 83: Entire part added, p. 600, § 1, effective May 20. L. 89: (2.5) added, p. 781, § 2, effective April 4. L. 91: Entire section amended, p. 354, § 2, effective April 9. L. 93: (2) amended, p. 1774, § 30, effective June 6. L. 95: (3.5) added, p. 480, § 2, effective July 1.

Cross references: For magistrates in the small claims division of county courts, see § 13-6-405; for magistrates in county courts, see part 5 of article 6 of this title.

PART 3

FAMILY LAW MAGISTRATES

13-5-301 to 13-5-305. (Repealed)

Source: L. 2004: Entire part repealed, p. 224, § 1, effective July 1.

Editor's note: This part 3 was added in 1985. For amendments to this part 3 prior to its repeal in 2004, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 5.3

Commission on Judicial Discipline

13-5.3-101. Definitions. As used in this article 5.3, unless the context otherwise requires:

(1) Attorney means a person admitted to practice law before the courts of this state.

(2) Code means the Colorado code of judicial conduct.

(3) Commission means the commission on judicial discipline, established pursuant to section 23 (3) of article VI of the Colorado constitution.

(4) Commissioner means an appointed member of the commission on judicial discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the Colorado constitution.

(5) Complaint means information in any form from any source that alleges or from which a reasonable inference can be drawn that a judge committed misconduct or is incapacitated.

(6) Department means the Colorado state judicial department and all its subparts, such as the office of the state court administrator; the office of the chief justice of the supreme court; the judicial districts and their administrations, including chief judges and district administrators; the human resources department; and other administrative subparts.

(7) Executive director means the executive director of the office of judicial discipline appointed pursuant to section 13-5.3-103.

(8) Fund means the commission on judicial discipline special cash fund, created in section 13-5.3-104.

(9) (a) Judge means any justice or judge of any court of record of this state serving on a full-time, part-time, or senior basis.

(b) Judge also includes any justice or judge who has retired within the jurisdictional limits for disciplinary proceedings established by this article 5.3, the commission, or the Colorado supreme court.

(c) Judge does not include municipal judges or magistrates, administrative law judges, or Denver county court judges, who are subject to different disciplinary authorities.

(9.5) Judicial discipline adjudicative board means the judicial discipline adjudicative board created pursuant to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary proceedings.

(10) Justice means a justice serving on the supreme court of Colorado on either a full-time or senior basis.

(11) Misconduct means conduct by a judge that may reasonably constitute grounds for discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI of the Colorado constitution.

(12) Office means the office of judicial discipline established in section 13-5.3-103.

(13) Office of the state court administrator means the office created pursuant to section 13-3-101 (1).

(13.5) Panel means a three-member panel of the judicial discipline adjudicative board consisting of one judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to hear an appeal of an order of informal remedial action.

(14) Rules means the Colorado rules of judicial discipline.

(15) Supreme court means the supreme court of the state of Colorado established pursuant to article VI of the Colorado constitution.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1345, § 2, effective May 20. L. 2023: (9.5) and (13.5) added, (HB 23-1019), ch. 366, p. 2198, § 1, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that subsections (9.5) and (13.5) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-102. Commission on judicial discipline - powers and duties. (1) Pursuant to section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial discipline is established as an independent commission housed within the department.

(2) (a) Members of the commission are appointed and serve pursuant to section 23 (3)(a) and (3)(b) of article VI of the Colorado constitution.

(b) (I) The supreme court shall select the members of the commission who are judges of the district courts and judges of county courts from among the nominee pools created by the state court administrator pursuant to subsection (2)(b)(II) of this section; except that when making its selections, the supreme court shall ensure that the commission does not include more than one district judge from any one judicial district and not more than one county judge from any one county.

(II) (A) Upon a vacancy of a district judge member of the commission, the state court administrator shall create a district judge nominee pool that consists of ten district judges randomly selected by the state court administrator, or the administrator's designee, from among all district judges of the state not currently a member of the commission.

(B) Upon a vacancy of a county judge member of the commission, the state court administrator shall create a county judge nominee pool that consists of ten county judges randomly selected by the state court administrator, or the administrator's designee, from among all county judges of the state not currently a member of the commission.

(C) When creating the nominee pool, the state court administrator or the administrator's designee shall only include judges who do not have a current disciplinary investigation or proceeding pending before the commission or judicial discipline adjudicative board; have not received a disciplinary sanction from the commission, judicial discipline adjudicative board, or supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse themselves from the commission. The random selection of judges to a nominee pool is a purely administrative function.

(3) The commission shall:

(a) Investigate and resolve requests for evaluation of potential judicial misconduct in accordance with the Colorado constitution, the rules, and this article 5.3;

(b) Appoint an executive director of the office of judicial discipline;

(c) Establish positions, roles, and minimum starting salaries for employees of the office;

(d) Hire employees of the office who serve at the pleasure of the commission. Employees of the office may include clerical assistants; attorneys who serve as special counsel; and investigators.

(e) Employ attorneys or appoint outside special counsel pursuant to sections 24-31-101 (1)(g) and 24-31-111 who serve at the pleasure of the commission; assign duties to special counsel at the discretion of the commission, which may include serving as representatives of the people of the state of Colorado in formal proceedings; and determine the compensation of special counsel; and

(f) Approve a budget for the commission and the office and assist the executive director in managing the office and providing fiscal oversight of the office's operating budget.

(4) Commissioners are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners consistent with the Colorado Governmental Immunity Act, article 10 of title 24.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, § 2, effective May 20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, § 2, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that amendments to subsection (2) are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-103. Office of judicial discipline - created - executive director - duties - oversight. (1) (a) The office of judicial discipline is established as an independent office housed within the department. The commission shall oversee the office.

(b) Subject to the commission's supervision, the office shall:

(I) Staff and support the commission's operations. The initial staffing includes the executive director, a full-time administrative support person, an attorney, and an investigator.

(II) Receive requests for evaluation involving justices and judges;

(III) Conduct public education efforts concerning the judicial discipline process and the recommendations made by the commission;

(IV) Engage in and provide educational background to the public, the department, judicial nominating commissions, and judicial performance commissions regarding the requirements of the code and the commission; and

(V) Complete any other duties as assigned by the commission.

(2) (a) The commission shall appoint an executive director of the office. The executive director:

(I) Shall be admitted to practice law in the courts of this state and have practiced law in this state for at least ten years;

(II) Shall not be involved in the private practice of law while serving as the executive director; and

(III) Shall not appear as an attorney before the commission for a period of five years following service as the executive director.

(b) The executive director serves at the pleasure of the commission. The executive director's compensation is the same as the compensation the general assembly establishes for district court judges. The executive director shall hire additional staff for the office as necessary and as approved by the commission.

(c) The executive director has the following duties:

(I) Establish and maintain a permanent office;

(II) Respond to inquiries about the commission or the code;

(III) Advise the commission on the application and interpretation of the code and the rules;

(IV) Process requests for evaluation of judicial conduct;

(V) Conduct or supervise evaluations and investigations as directed by the commission;

(VI) Advise the commission as to potential dispositional recommendations as may be requested by the commission;

(VII) Maintain commission records;

(VIII) Maintain statistics concerning the operation of the commission and make them available to the commission;

(IX) Prepare the commission's budget and, once approved by the commission, submit it to the joint budget committee of the general assembly;

(X) Administer commission money and resources, including money in the commission on judicial discipline special cash fund;

(XI) Supervise commission staff;

(XII) Notify the appropriate appointing authority of vacancies on the commission;

(XIII) Assist the commission in preparing an annual report of the commission's activities for presentation to the commission, the supreme court, and the public;

(XIV) Supervise special counsel, investigators, other experts, or personnel as directed by the commission, as they investigate and process matters before the commission and before the supreme court; and

(XV) Perform such other duties as required by the rules, this article 5.3, the rules promulgated by the commission, or the commission.

(3) The department shall provide the commission and the office with office space in the Ralph L. Carr Colorado judicial center.

(4) Repealed.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, § 2, effective May 20. L. 2023: (3) amended and (4) added, (SB 23-228), ch. 96, p. 361, § 2, effective April 20.

Editor's note: Subsection (4)(b) provided for the repeal of subsection (4), effective July 1, 2024. (See L. 2023, p. 361.)

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-104. Commission on judicial discipline special cash fund - acceptance of federal funds - general appropriations. (1) The commission is authorized to accept any federal funds made available for any purpose consistent with the provisions of this article 5.3.

(2) Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same to the commission on judicial discipline special cash fund, which is created in the state treasury.

(3) Any expenses, attorney fees, or costs recovered pursuant to this article 5.3 must be transmitted to the state treasurer, who shall credit the same to the fund.

(4) Money in the fund is continuously appropriated to the commission for the purposes specified in subsection (6) of this section.

(5) Any interest derived from the deposit and investment of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and is not credited or transferred to the general fund or another fund.

(6) Money in the fund may be used for payment of the expenses for evaluations, investigations, formal proceedings, or special projects that the commission has determined are to be undertaken by personnel other than or in addition to those employed by the office.

(7) For the state fiscal year 2022-23, the general assembly shall appropriate from the general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year with not less than four hundred thousand dollars.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1349, § 2, effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-105. Information-sharing with judicial oversight entities - legislative declaration. (1) The general assembly finds and declares that:

(a) Several entities within the department share a role in the oversight of the judiciary and, as a result, often become aware of and involved in investigations that relate to matters that may come before the commission, including the office of judicial performance evaluation, the judicial nominating commissions, the office of the presiding disciplinary judge, and the office of attorney regulation counsel, collectively referred to in this section as judicial oversight entities; and

(b) In order for the commission and the judicial oversight entities to properly perform their functions, they need to be able to share relevant information and documents while maintaining their respective rules of confidentiality.

(2) When requested by a judicial oversight entity, the commission may provide the disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity shall keep the information confidential to the same extent that the commission is required to do so pursuant to the state constitution and the rules.

(3) (a) When a judicial oversight entity receives information indicating or alleging potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial misconduct with the commission within a reasonable time. Thereafter, the commission may request further material or information that the oversight entity holds relating to the allegation of judicial misconduct. The judicial oversight entity shall provide the requested material or information to the commission within fourteen calendar days after the commission's request. A judicial oversight entity may not withhold requested material or information through a claim of privilege or confidentiality that it holds. Any information or materials received from the entity are subject to the commission's rules of confidentiality.

(b) A provision in a contract, including in a nondisclosure agreement, entered into after August 7, 2023, that prohibits a judicial oversight entity from disclosing to the commission information described in this subsection (3) is void as against public policy and is unenforceable.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1350, § 2, effective May 20. L. 2023: (3) amended, (HB 23-1019), ch. 366, p. 2199, § 3, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-106. Information-sharing within the judicial department - legislative declaration. (1) The general assembly finds and declares that:

(a) Offices or personnel within the department are often the first to receive complaints;

(b) The department often holds evidentiary materials relating to potential misconduct and often develops evidence, through investigations or otherwise, relating to such potential misconduct;

(c) The commission cannot fully pursue its constitutional mandate unless all information relevant to a complaint available to the department is freely and promptly shared with the commission; and

(d) The credibility of the judiciary and judicial discipline are best served by the department promptly sharing with the commission all information and materials available to the department relevant to a complaint or potential misconduct.

(2) The department shall ensure that if any member of the department, including members of the office of the state court administrator, the office of the chief justice, chief judges, district administrators, the human resources department, administrative personnel, judicial districts, clerks of court, and others, receives a complaint from an employee, volunteer, or contractor for the department, the department shall:

(a) Document both the receipt of the complaint and the department's handling of the complaint, including any investigation that may be conducted, and maintain such documentation for as long as the subject of the complaint is a judge, plus three calendar years;

(b) Within not more than thirty-five days after receipt of the complaint, notify the office of the complaint and provide the office with all information within the custody or control of the department related to the complaint, including:

(I) Identification of potential witnesses;

(II) A list of any evidence held or known;

(III) Access to all evidence, including administrative files, digital data, digital or paper case files, recordings and transcripts, communications, and metadata, without charge; and

(IV) Any department investigative materials that may exist, including any investigative or action plans; and

(c) Notify any person supplying any information concerning a complaint, and any witness interviewed, of the following:

(I) The existence, role, independence from the department, and process of communicating with the commission;

(II) That information given to the commission is confidential unless and until a recommendation is made to the supreme court;

(III) Rule 2.16 (B) of the code prohibiting retaliation against any person assisting the commission;

(IV) That the department has a duty to disclose all information related to potential judicial misconduct to the commission; and

(V) That the department is prohibited from discouraging a person from sharing information with the commission, including entering into a nondisclosure agreement that would have that effect.

(3) The department's duties of disclosure arise when the department receives a complaint.

(4) If the department receives a complaint alleging judicial misconduct from an individual or entity that is not an employee, volunteer, or contractor for the department, the department shall notify the complainant of the role of the commission and provide the complainant with the commission's contact information. If the complainant submits written or electronic materials in connection with a complaint, the department shall forward those materials to the commission. Each judicial district, the appellate courts, and the state court administrator's office shall adopt a written policy to implement this provision.

(5) The duties to document and disclose potential judicial misconduct and related information continue when the department receives additional information.

(6) (a) The department shall:

(I) Adopt procedures and policies to implement the duties stated in this section and to educate department personnel about these duties; and

(II) Cooperate with any request from the commission for information related to evaluating a complaint and supply requested information or materials within a reasonable time of not more than thirty-five days after the date of request.

(b) The department shall not:

(I) Adopt any policy or enter into any contract that purports to impede disclosure of information related to potential judicial misconduct to the commission. The department shall not discourage any person or entity from cooperating with the commission or disclosing information to the commission.

(II) Withhold from the commission disclosure of materials or information for any of the following reasons:

(A) A claim of privilege held by the department, including attorney-client, attorney work product, judicial deliberation, or other claim of privilege;

(B) A claim of confidentiality;

(C) A claim of contractual right or obligation arising after May 20, 2022, not to disclose information, including a nondisclosure agreement; or

(D) A claim that any records are part of a state auditor fraud hotline investigation or report; and

(III) Retaliate, directly or indirectly, against any person communicating with the commission regarding potential judicial misconduct or its examination, any person seeking to comply with the documentation and disclosure obligations of this section, or any person otherwise assisting or suspected of assisting the commission to fulfill its constitutional mandate or its role in judicial oversight.

(c) The department and the office of attorney regulation counsel will respect the confidentiality of the commission's communications and records.

(d) Notwithstanding subsection (6)(b)(II) of this section, the department may withhold from disclosure to the commission materials and information whose disclosure is prohibited by federal law, information covered by judicial deliberation privilege, and materials and information in the department's custody or control through an established and confidentiality-based mental health or professional development program. For any materials or information withheld by the department under this subsection (6)(d), the department shall disclose to the commission the nature of the materials withheld, the reason the items are withheld, and, if requested by the commission, a privilege or confidentiality log compliant with the standards governing civil litigation discovery.

(e) The timely disclosure to the commission of information or materials pursuant to this section by the department does not, by itself, waive any otherwise valid claim of privilege or confidentiality held by the department. When the department discloses materials or information it asserts is privileged or confidential, the department and the commission shall enter an agreement under Rule 502 of the Colorado rules of evidence implementing this subsection (6)(e), in which the department and the commission agree that the disclosure does not waive, by itself, any otherwise valid claim of privilege or confidentiality held by the department, and that the commission shall hold the materials and information as confidential under the commission's procedures and not disclose privileged or confidential information to a third party except as may be required through the investigative and disciplinary process. The department and the commission may add further terms to address the individual circumstances of the matter if they agree.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1351, § 2, effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-107. Rule-making. (1) Section 23 (3) of article VI of the Colorado constitution establishes a rule-making committee to propose rules for the commission and the judicial discipline adjudicative board. In exercising its authority, the rule-making committee shall provide the commission and the judicial discipline adjudicative board reasonable notice before proposing any new rule or amendment.

(2) Whenever the rule-making committee proposes a rule, the committee shall post notice of the proposed rule, allow for a period for public comment, and give the public an opportunity to address the committee concerning the proposed rule at a public hearing.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May 20. L. 2023: Entire section amended, (HB 23-1019), ch. 366, p. 2200, § 4, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that amendments to this section are effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-108. Reporting requirements - State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act report - annual report. (1) The commission shall gather and maintain annual data and statistics on the following information:

(a) The number of requests for evaluation received, the number of other allegations of judicial misconduct received regardless of form, and the number of requests for evaluation that the commission dismissed because it lacks jurisdiction over the judge or conduct that is the subject of the complaint;

(b) The number of judicial misconduct investigations performed, the types of complaints investigated, and the results of the investigations;

(c) The types of judicial misconduct complaints reviewed by the commission following an investigation, the number of reviewed complaints that were substantiated, and the number of reviewed complaints that were not substantiated;

(d) The number of formal proceedings pursued;

(e) The number and types of dispositions entered, including the type of any discipline imposed or recommended; and

(f) The demographics, including the gender, age, race, ethnicity, or disability, of judges under discipline or investigation and those directly affected by the potential misconduct.

(2) Beginning January 2023, and every January thereafter, the commission shall report on the activities of the commissioners to the committees of reference of the general assembly as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.

(3) (a) The commission shall make the information described in subsection (1) of this section available online in a searchable format and include the information in its annual report. The commission shall report and make the information available in aggregate form and without individually identifiable information concerning a judge, complainant, or witness.

(b) Nothing in this subsection (3) requires the commission to make publicly available any information it is required to keep confidential pursuant to the Colorado constitution or law.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May 20. L. 2023: (1) amended and (3) added, (HB 23-1019), ch. 366, p. 2200, § 5, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-109. Representation by attorney general. (1) Pursuant to section 24-31-111, the attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the commission and the office. The attorney general shall designate one or more assistant attorneys general to provide such legal services. Any assistant attorneys general shall not be within the same unit, section, or division of the Colorado department of law that provides legal services to the judicial department.

(2) This section does not limit the commission's or office's authority to hire attorneys to serve as special counsel pursuant to section 13-5.3-102 (3)(d).

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May 20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-110. Legislative interim committee on judicial discipline - creation. (Repealed)

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1355, § 2, effective May 20. L. 2023: Entire section repealed, (HB 23-1019), ch. 366, p. 2201, § 6, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter 201, Session Laws of Colorado 2022.

13-5.3-111. Requests for evaluation - manner - confidential requests. (1) In addition to any other method permitted by the commission or office, a person may submit a request for evaluation by mail or online. The office shall develop an online request for evaluation form that is accessible from the commission's public website.

(2) The commission and office shall permit a person to submit a confidential or anonymous request for evaluation.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 7, effective August 7.

13-5.3-112. Complainant notification - point of contact. (1) Upon receipt of a complaint, the office shall explain to the complainant the judicial discipline process, including the steps in the process, the availability of confidential reporting, and confidentiality requirements during each step of the process.

(2) The office shall designate a point of contact to keep complainants apprised of the status of the complainant's complaint, including periodic updates related to the complaint and timely notice of the outcome of the investigation of the complaint and the disciplinary or adjudicative process. Updates must include, but are not limited to, information about the following:

(a) Dismissal of a complaint;

(b) Completion of an investigation;

(c) Scheduling of any hearings;

(d) Results of any hearings;

(e) Imposition of any remedial measures or sanctions; and

(f) Appeal of any remedial measures or sanctions.

(3) If a complaint is dismissed because it is outside the commission's jurisdiction, the office shall provide an explanation of the dismissal to the complainant.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 8, effective August 7.

13-5.3-113. Judicial discipline adjudicative board - administrative support. When a panel of the judicial discipline adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution, the judge member of the panel is responsible for providing administrative support necessary to facilitate the panel's hearings. With any necessary approval from the chief judge of a district court, the panel judge may use the judge's own staff to provide the administrative support or, if necessary, staff of other judges in the judge's district or another district may provide the support. Staff from the same district as the respondent judge in the proceeding shall not provide administrative support to the panel.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 9, effective December 17, 2024 (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that this section is effective upon proclamation of the vote by the governor only if, at the November 2024 statewide election, a majority of voters approve the ballot issue referred in accordance with section 2 of House Concurrent Resolution 23-1001. The ballot issue, referred to voters as Amendment H, was approved on November 5, 2024, and was proclaimed by the governor on December 17, 2024, see L. 2025, p. 3632. The vote count for the measure was as follows:

FOR: 2,150,820

AGAINST: 793,642

ARTICLE 5.5

Commissions on Judicial

Performance

Editor's note: This article 5.5 was added in 1988. It was repealed and reenacted in 2017, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article 5.5 prior to 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 5.5, see the comparative tables located in the back of the index.

13-5.5-101. Legislative declaration. (1) It is the intent of the general assembly to provide:

(a) A comprehensive evaluation system of judicial performance;

(b) Information to the people of Colorado regarding the performance of judges and justices throughout the state; and

(c) Transparency and accountability for judges and justices throughout the state of Colorado.

(2) Therefore, the general assembly finds and declares that it is in the public interest and is a matter of statewide concern to:

(a) Provide judges and justices with useful information concerning their own performances, along with training resources to improve judicial performance as necessary;

(b) Establish a comprehensive system of evaluating judicial performance to provide persons voting on the retention of judges and justices with fair, responsible, and constructive information about individual judicial performance;

(c) Establish an independent office on judicial performance evaluation with full authority to implement the provisions of this article 5.5; and

(d) Conduct statewide judicial performance evaluations, as well as judicial performance evaluations within each judicial district, using uniform criteria and procedures pursuant to the provisions of this article 5.5.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, § 1, effective August 9. L. 2019: (1)(b), (1)(c), (2)(a), and (2)(b) amended, (SB 19-187), ch. 374, p. 3396, § 1, effective May 30.

Editor's note: This section is similar to former § 13-5.5-101 as it existed prior to 2017.

13-5.5-102. Definitions. As used in this article 5.5, unless the context otherwise requires:

(1) Attorney means a person admitted to practice law before the courts of this state.

(2) Commission means both the state and district commissions on judicial performance, established in section 13-5.5-104, unless the usage otherwise specifies the state commission or a district commission.

(3) Commissioner means an appointed member of the state commission or one of the district commissions on judicial performance established in section 13-5.5-104.

(4) Department means the state judicial department.

(5) Executive director means the executive director of the office on judicial performance evaluation created in section 13-5.5-103.

(6) Fund means the state commission on judicial performance cash fund, created in section 13-5.5-115.

(7) Improvement plan means an individual judicial improvement plan developed and implemented pursuant to section 13-5.5-110.

(8) Interim evaluation means an interim evaluation conducted by a commission pursuant to section 13-5.5-109 during a full term of office of a justice or judge.

(9) Judge includes all active judges.

(10) Justice means a justice serving on the supreme court of Colorado.

(11) Office means the office on judicial performance evaluation created in section 13-5.5-103.

(12) Retention year evaluation means a judicial performance evaluation conducted by a commission pursuant to section 13-5.5-108 of a justice or judge whose term is to expire and who must stand for retention election.

(13) Repealed.

(14) Volunteer courtroom observer program means a systemwide program comprised of volunteers who provide courtroom observation reports for use by state and district commissions in judicial performance evaluations. The state commission shall develop rules, guidelines, and procedures for the volunteer courtroom observer program pursuant to section 13-5.5-105 (2)(i).

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, § 1, effective August 9. L. 2019: (9) amended and (13) repealed, (SB 19-187), ch. 374, p. 3397, § 2, effective May 30.

13-5.5-103. Office on judicial performance evaluation - executive director - duties - oversight. (1) The office on judicial performance evaluation is established in the judicial department. The state commission on judicial performance, established pursuant to section 13-5.5-104, shall oversee the office.

(2) The state commission shall appoint an executive director of the office. The executive director serves at the pleasure of the state commission. The executive director's compensation is the same as that which the general assembly establishes for a judge of the district court. The state commission shall not reduce the executive director's compensation during the time that he or she serves as executive director. The executive director shall hire additional staff for the office as necessary and as approved by the state commission.

(3) Subject to the state commission's supervision, the office shall:

(a) Staff the state and district commissions when directed to do so by the state commission;

(b) Train state and district commissioners as needed and requested;

(c) Collect and disseminate data on judicial performance evaluations, including judicial performance surveys developed, collected, and distributed, pursuant to section 13-5.5-105 (2);

(d) Conduct public education efforts concerning the judicial performance evaluation process and the recommendations made by the state and district commissions;

(e) Measure public awareness of the judicial performance evaluation process through regular polling; and

(f) Complete any other duties as assigned by the state commission.

(4) Office expenses are paid for from the state commission on judicial performance cash fund created pursuant to section 13-5.5-115.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1767, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-101.5 as it existed prior to 2017.

13-5.5-104. State commission on judicial performance - district commissions on judicial performance - established - membership - terms - immunity - conflicts - repeal. (1) The state commission on judicial performance is established, and a district commission on judicial performance is established in each judicial district of the state. In appointing the membership of each commission, the appointing entities must, to the extent practicable, include persons from throughout the state or judicial district and persons with disabilities and take into consideration race, gender, and the ethnic diversity of the state or district. Justices and judges actively performing judicial duties may not be appointed to serve on a commission. Former justices and judges are eligible to be appointed as attorney commissioners; except that a former justice or judge may not be assigned or appointed to perform judicial duties while serving on a commission.

(2) Repealed.

(3) (a) The state commission consists of eleven members appointed as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;

(II) The minority leader of the house of representatives shall appoint one nonattorney;

(III) The president of the senate shall appoint one attorney and one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys and one attorney.

(b) and (c) Repealed.

(4) (a) Each district commission consists of ten members appointed as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one nonattorney;

(II) The president of the senate shall appoint one attorney and one nonattorney;

(III) The minority leader of the house of representatives shall appoint one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys.

(b) and (c) Repealed.

(4.5) (a) The twenty-third judicial district commission on judicial performance, referred to in this subsection (4.5) as the twenty-third judicial district commission, is established on December 1, 2025. Members of the twenty-third judicial district commission are appointed pursuant to subsection (4)(a) of this section; except that a person serving as a member of the eighteenth judicial district commission on judicial performance during 2025 who resides within the twenty-third judicial district may be appointed to serve on the twenty-third judicial district commission, and if such a person is appointed, the person's term on the twenty-third judicial district commission continues for the remainder of the term to which the person was originally appointed for the eighteenth judicial district commission on judicial performance.

(b) Notwithstanding subsection (5)(a) of this section, the initial terms of the following members of the twenty-third judicial district commission expire on November 30, 2027:

(I) The nonattorney appointed by the speaker of the house of representatives pursuant to subsection (4)(a)(I) of this section;

(II) The nonattorney appointed by the minority leader of the house of representatives pursuant to subsection (4)(a)(III) of this section;

(III) The nonattorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

(IV) One of the attorneys appointed by the chief justice of the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V) One of the nonattorneys appointed by the governor pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

(c) The initial terms of the following members of the twenty-third judicial district commission expire on November 30, 2029:

(I) The attorney appointed by the speaker of the house of representatives pursuant to subsection (4)(a)(I) of this section;

(II) The attorney appointed by the president of the senate pursuant to subsection (4)(a)(II) of this section;

(III) The nonattorney appointed by the minority leader of the senate pursuant to subsection (4)(a)(IV) of this section;

(IV) One of the attorneys appointed by the chief justice of the supreme court pursuant to subsection (4)(a)(V) of this section as designated by the chief justice; and

(V) One of the nonattorneys appointed by the governor pursuant to subsection (4)(a)(VI) of this section as designated by the governor.

(d) During 2025, members of the eighteenth judicial district commission on judicial performance serving on June 2, 2025, shall conduct the interim evaluations pursuant to section 13-5.5-109 for judges of both the eighteenth judicial district and the twenty-third judicial district.

(e) This subsection (4.5) is repealed, effective July 1, 2028.

(5) (a) The term for a commissioner is four years and expires on November 30 of an odd-numbered year. The term of a commissioner appointed to replace a member at the end of the commissioner's term begins on December 1 of the same year.

(b) The original appointing authority shall fill any vacancy on a commission, but a commissioner shall not serve more than two full terms including any balance remaining on an unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy arises on a commission, the commission with the vacancy shall notify the original appointing authority of the vacancy. The original appointing authority shall make an appointment within forty-five days after the date of the vacancy. If the original appointing authority fails to make the appointment within forty-five days after the date of the vacancy, the state commission shall make the appointment.

(c) The appointing authority may remove a commissioner whom he or she appointed for cause.

(6) Each commission shall elect a chair every two years by a vote of the membership.

(7) State and district commissioners and employees of the state or a district commission are immune from suit in any action, civil or criminal, based upon official acts performed in good faith as commissioners and employees of the state or a district commission.

(8) A commissioner shall recuse himself or herself from an evaluation of the person who appointed the commissioner to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, § 1, effective August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, § 3, effective May 30. L. 2025: IP(3)(a) and IP(4)(a) amended, (3)(b), (3)(c), (4)(b), and (4)(c) repealed, and (4.5) added, (HB 25-1298), ch. 354, p. 1910, § 1, effective June 2.

Editor's note: (1) This section is similar to former §§ 13-5.5-102 and 13-5.5-104 as they existed prior to 2017.

(2) Subsection (2)(c) provided for the repeal of subsection (2), effective January 31, 2019. (See L. 2017, p. 1768.)

13-5.5-105. Powers and duties of the state and district commissions - rules. (1) In addition to any other powers conferred or duties assigned upon the separate commissions by this article 5.5, all commissions have the following powers and duties:

(a) To review any available case management data and statistics provided by the state court administrator, the state commission, and district commissions related to individual justices and judges. A district commission may ask the state court administrator to provide supplemental information and assistance in assessing a judge's overall case management.

(b) To review written judicial opinions and orders authorized by justices and judges under the commission's oversight;

(c) To collect information from courtroom observation by commissioners of justices and judges, as well as information provided to the commissions by the volunteer courtroom observer program;

(d) To interview justices and judges under the commission's oversight and to accept information and documentation from interested persons as necessary, including judicial performance surveys;

(e) To make recommendations and prepare narratives that reflect the results of performance evaluations of justices and judges; and

(f) At an individual commission's discretion after it completes an interim evaluation of a justice or judge pursuant to section 13-5.5-109, to recommend that the chief justice or appropriate chief judge develop an individual judicial improvement plan pursuant to section 13-5.5-110.

(2) In addition to other powers conferred and duties imposed upon the state commission by this article 5.5 and section 13-5.5-106, the state commission has the following powers and duties:

(a) To appoint and supervise the executive director of the office on judicial performance evaluation;

(b) To assist the executive director in managing the office and providing fiscal oversight of the office's operating budget;

(c) To review data, prepare narratives, and make recommendations related to individual supreme court justices and judges of the court of appeals in accordance with sections 13-5.5-108 and 13-5.5-109;

(d) (I) To develop surveys to evaluate the performance of justices and judges, which surveys are completed by individuals who interact with the court, including but not limited to attorneys, jurors, represented and unrepresented litigants; law enforcement personnel; attorneys within the district attorneys' and public defenders' offices, employees of the court, court interpreters, employees of probation offices, and employees of county departments of human or social services; and victims of crimes, as defined in section 24-4.1-302 (5);

(I.5) The surveys developed pursuant to subsection (2)(d)(I) of this section are to be distributed primarily through electronic means, and the state commission shall make efforts to locate electronic mail addresses for the parties identified in said subsection.

(II) To develop rules, guidelines, and procedures to make the results of surveys developed pursuant to this subsection (2)(d) readily available to all parties set forth in subsection (2)(d)(I) of this section;

(III) To develop rules, guidelines, and procedures to provide interested parties with accessible and timely opportunities to review the surveys developed pursuant to this subsection (2)(d); and

(IV) To develop rules, guidelines, and procedures to make the surveys developed pursuant to this subsection (2)(d) and any available survey reports available to the public;

(e) To determine the validity of completed surveys developed pursuant to this subsection (2), report to the district commissions on the validity of the surveys for their districts, and prepare alternatives to surveys where sample populations are inadequate to produce valid results;

(f) To produce and distribute survey reports and public narratives that reflect the results of each judicial performance evaluation;

(g) To develop rules, guidelines, and procedures for the review of the deliberation procedures established by the district commissions; except that the state commission does not have the power or duty to review actual determinations made by a district commission;

(h) To promulgate rules pursuant to section 13-5.5-106 concerning:

(I) The evaluation of justices and judges based on performance evaluation criteria set forth in section 13-5.5-107;

(II) The creation of a standards matrix or scorecard related to the performance evaluation criteria set forth in section 13-5.5-107; and

(III) The continuous collection of data for use in the evaluation process, including surveys developed pursuant to subsection (2)(d) of this section;

(i) To develop rules, guidelines, and procedures concerning a systemwide judicial training program and a systemwide volunteer courtroom observer program; and

(j) To prepare a report pursuant to section 13-5.5-114.

(3) In addition to other powers conferred and duties imposed upon a district commission by this article 5.5, in conformity with the rules, guidelines, and procedures adopted by the state commission pursuant to section 13-5.5-106 and the state commission's review of the deliberation procedures pursuant to subsection (2) of this section, each district commission has the following powers and duties:

(a) To obtain information from parties and attorneys regarding judges' handling of cases with respect to the judges' fairness, patience with pro se parties, gender neutrality, racial disparity, and handling of emotional parties;

(b) To review data, prepare narratives, and make evaluations related to judges pursuant to the provisions of sections 13-5.5-108 and 13-5.5-109; and

(c) Upon completing the required recommendations and narratives pursuant to subsection (1) of this section, to collect all documents and other information, including all surveys and copies, received regarding each judge who was evaluated and forward such documents and information to the state commission within thirty days.

(4) Unless recused pursuant to a provision of this article 5.5, each commissioner of the state and district commissions has the discretion to evaluate the performance of a justice or judge under the commission's oversight and vote as to whether the justice or judge meets the performance standard based upon the commissioner's review of all of the information available to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1770, § 1, effective August 9. L. 2019: (2)(d)(I), (2)(d)(III), and (2)(h)(II) amended and (2)(d)(I.5) added, (SB 19-187), ch. 374, p. 3397, § 4, effective May 30. L. 2024: (2)(d)(I) amended, (HB 24-1222), ch. 155, p. 686, § 1, effective August 7.

Editor's note: This section is similar to former §§ 13-5.5-103 and 13-5.5-105 as they existed prior to 2017.

13-5.5-106. Rules, guidelines, and procedures. (1) The state commission shall adopt rules, guidelines, and procedures as necessary to implement and effectuate the provisions of this article 5.5, including rules, guidelines, and procedures governing the district commissions.

(2) The state commission shall consider proposed rules, guidelines, or procedures from the judicial department; except that nothing in this section requires the state commission to seek approval from the judicial department. The state commission retains the authority for the adoption of final rules, guidelines, or procedures. The state commission may, at its discretion and within existing appropriations and resources, retain independent legal counsel to review any rules, guidelines, or procedures adopted pursuant to this section or section 13-5.5-105.

(3) The state commission may adopt rules, guidelines, or procedures that provide guidance to commissioners regarding the review or interpretation of information obtained as a result of the evaluation process and the criteria contained in section 13-5.5-107. Any such rules, guidelines, or procedures must:

(a) Take into consideration the reliability of survey data and be consistent with section 13-5.5-105; and

(b) Not divest any commissioner of his or her ultimate authority to decide whether a justice or judge meets the minimum performance standards, as established by the state and district commissions.

(4) The state commission shall post a notice of the proposed rule, guideline, or procedure; allow for a period for public comment; and give the public an opportunity to address the state commission concerning the proposed rule, guideline, or procedure at a public hearing.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective August 9.

13-5.5-107. Judicial performance evaluation criteria. (1) The state commission and each district commission shall evaluate each justice and judge in Colorado utilizing the powers and duties conferred upon each commission in section 13-5.5-105. The evaluations must only include the following performance evaluation criteria:

(a) Integrity, including but not limited to whether the justice or judge:

(I) Avoids impropriety or the appearance of impropriety;

(II) Displays fairness and impartiality toward all participants; and

(III) Avoids ex parte communications;

(b) Legal knowledge, including but not limited to whether the justice or judge:

(I) Demonstrates, through well-reasoned opinions and courtroom conduct, an understanding of substantive law and relevant rules of procedure and evidence;

(II) Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness to factual and legal issues before the court; and

(III) Adheres to precedent or clearly explains the legal basis for departure from precedent and appropriately applies statutes or other sources of legal authority;

(c) Communication skills, including but not limited to whether the justice or judge:

(I) Presents clearly written and understandable opinions, findings of fact, conclusions of law, and orders;

(II) Presents clearly stated and understandable questions or statements during oral arguments or presentations, and, for trial judges, clearly explains all oral decisions; and

(III) Clearly presents information to the jury, as necessary;

(d) Judicial temperament, including but not limited to whether the justice or judge:

(I) Demonstrates courtesy toward attorneys, litigants, court staff, and others in the courtroom; and

(II) Maintains and requires order, punctuality, and appropriate decorum in the courtroom;

(e) Administrative performance, including but not limited to whether the justice or judge:

(I) Demonstrates preparation for oral arguments, trials, and hearings, as well as attentiveness to and appropriate control over judicial proceedings;

(II) Manages workload and court time effectively and efficiently;

(III) Issues opinions, findings of fact, conclusions of law, and orders in a timely manner and without unnecessary delay;

(IV) Participates in a proportionate share of the court's workload, takes responsibility for more than his or her own caseload, and is willing to assist other justices or judges; and

(V) Understands and complies, as necessary, with directives of the Colorado supreme court; and

(f) Service to the legal profession and the public by participating in service-oriented efforts designed to educate the public about the legal system and improve the legal system.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-105.5 as it existed prior to 2017.

13-5.5-108. Judicial performance evaluations in retention election years - procedure - recommendations. (1) Judicial performance evaluations for justices or judges whose terms are to expire and who must stand for retention election are conducted as follows:

(a) The state commission shall conduct a judicial performance evaluation of each such justice of the supreme court and judge of the court of appeals; and

(b) The district commission shall conduct a judicial performance evaluation for each district judge and county judge.

(2) (a) The applicable commission shall complete a retention year evaluation and related narrative to be communicated to the justice or judge no later than forty-five days prior to the last day available for the justice or judge to declare his or her intent to stand for retention.

(b) The narrative prepared for a retention year evaluation must include an assessment of the justice's or judge's strengths and weaknesses with respect to the judicial performance criteria contained in section 13-5.5-107, a discussion regarding any deficiency identified in an interim evaluation prepared pursuant to section 13-5.5-109, a review of any improvement plan developed pursuant to section 13-5.5-110, and a statement of whether the applicable commission concludes that any deficiency identified has been satisfactorily addressed, or a statement from the chief justice or appropriate chief judge that an improvement plan, if any, was satisfactorily followed by the justice or judge.

(c) The applicable commission shall grant each justice or judge who receives a retention year evaluation the opportunity to meet with the commission or otherwise respond to the evaluation no later than ten days following his or her receipt of the evaluation. If the meeting is held or a response is made, the applicable commission may revise its evaluation.

(3) After the requirements of subsection (2) of this section are met, the applicable commission shall make a recommendation regarding the performance of each justice or judge who declares his or her intent to stand for retention. The recommendations must be stated as meets performance standard or does not meet performance standard. For a justice or judge to receive a designation of does not meet performance standard, there must be a majority vote by the commission members that the particular justice or judge should receive such a recommendation.

(4) District commissions shall forward recommendations, narratives, and any other relevant information, including any completed judicial surveys, to the state commission according to the provisions of section 13-5.5-105.

(5) The state commission shall release the narrative, the recommendation, and any other relevant information related to a retention year evaluation, including the information forwarded pursuant to section 13-5.5-105, to the public no later than two months prior to the retention election. The state commission shall arrange to have the narrative and recommendation for each justice and judge standing for retention printed in the ballot information booklet prepared pursuant to section 1-40-124.5 and mailed to electors pursuant to section 1-40-125.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1775, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106 as it existed prior to 2017.

13-5.5-109. Judicial performance evaluations in interim years between elections - procedure. (1) Within the first two years of a justice's or judge's appointment to the bench, the appropriate commission shall conduct an initial evaluation of each justice and each judge. The appropriate commission shall complete and communicate its judicial performance interim evaluations as follows:

(a) The state commission shall communicate its findings, including any recommendations for improvement plans, to the chief justice of the supreme court or the chief judge of the court of appeals and the appellate justice or judge who was evaluated; and

(b) The applicable district commission shall communicate its findings, including any recommendations for improvement plans, to the chief judge of the district and the judge who was evaluated.

(2) If a commission recommends an improvement plan, the procedure development and implementation for such a plan will follow the guidelines set forth in section 13-5.5-110.

(3) The appropriate commission, at its discretion, may conduct a subsequent interim evaluation of each justice and each judge during the years between when the justice or judge stands for retention, if applicable.

(4) The appropriate commission shall grant each justice or judge who receives an initial or interim evaluation the opportunity to meet with the commission or otherwise respond to the initial or interim evaluation no later than ten days following the justice's or judge's receipt of the initial or interim evaluation. If a meeting is held or a response is made, the appropriate commission may revise its initial or interim evaluation.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1776, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106.3 as it existed prior to 2017.

13-5.5-110. Individual judicial improvement plans. (1) (a) If the state commission or a district commission recommends, pursuant to section 13-5.5-109 (1), that a justice or judge receive an individual judicial improvement plan, the commission shall communicate such recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge shall then develop an improvement plan for such judge and shall send the improvement plan to the state commission for review. After the state commission reviews and approves the improvement plan, the chief justice or chief judge shall have the responsibility for implementing and overseeing the improvement plan.

(b) Once the justice or judge has completed the improvement plan, the chief justice or chief judge shall convey the results of the improvement plan activities to the appropriate commission, which will then maintain a copy of the improvement plan and the statement of results in its files.

(2) If a justice or judge is required to complete an improvement plan pursuant to this section, and he or she fails to satisfactorily complete the requirements of such improvement plan, the appropriate commission shall automatically issue a does not meet performance standard designation on his or her performance evaluation summary.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9.

13-5.5-111. Judicial performance evaluations - senior judges. (Repealed)

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9. L. 2019: Entire section repealed, (SB 19-187), ch. 374, p. 3398, § 5, effective May 30.

13-5.5-112. Recusal. (1) A commissioner shall disclose to his or her commission any professional or personal relationship with a justice or judge that may affect an unbiased evaluation of the justice or judge, including involvement with any litigation involving the justice or judge and the commissioner, the commissioner's family, or the commissioner's financial interests. A commission may require, upon a two-thirds vote of the other commissioners, the recusal of one of its commissioners because of a relationship with a justice or judge.

(2) A justice or judge who is being evaluated by a state or district commission may not recuse himself or herself from a case solely on the basis that an attorney, party, or witness in the case is a commissioner on the evaluating commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106.4 as it existed prior to 2017.

13-5.5-113. Confidentiality. (1) Except as provided in subsection (3) of this section, all self-evaluations, personal information protected under section 24-72-204 (3)(a)(II), additional oral or written information, content of any judicial improvement plans, and any matter discussed in executive session is confidential except as otherwise specifically provided by rule. All surveys must allow for the participant's name to remain confidential. Comments in surveys are confidential but may be summarized in aggregate for use in judicial performance evaluation narratives. A commissioner shall not publicly discuss the evaluation of a particular justice or judge.

(2) Except as provided in subsection (3) of this section, all recommendations and narratives are confidential until released to the public on the first day following the deadline for justices and judges to declare their intent to stand for retention.

(3) Information required to be kept confidential pursuant to this article 5.5 may be released only under the following circumstances:

(a) To the supreme court attorney regulation committee, as provided by rule of the state commission;

(b) To the commission on judicial discipline, as provided by rule of the state commission; or

(c) With the consent of the justice or judge being evaluated.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-106.5 as it existed prior to 2017.

13-5.5-114. Reporting requirements - State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act report. (1) The state commission shall gather and maintain statewide data and post a statistical report of the statewide data on its website no later than thirty days prior to each retention election. The report must specify, at a minimum:

(a) The total number of justices and judges who were eligible to stand for retention and the number who declared their intent to stand for reelection;

(b) The total number of judicial performance evaluations of justices and judges performed by the state and district commissions;

(c) The total number of justices and judges who were evaluated but did not stand for retention; and

(d) The total number of justices and judges who received a meets performance standard or does not meet performance standard recommendation, respectively.

(2) Beginning in January 2019, and every two years thereafter, the state commission shall report on the activities of the commissioners to the joint judiciary committee of the general assembly as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act presentation required by section 2-7-203.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective August 9.

13-5.5-115. State commission on judicial performance cash fund - acceptance of private or federal grants - general appropriations. The state commission is authorized to accept any grants of federal or private funds made available for any purpose consistent with the provisions of this article 5.5. Any money received pursuant to this section must be transmitted to the state treasurer, who shall credit the same to the state commission on judicial performance cash fund, which is hereby created. The fund also includes the amount of the increases in docket fees collected pursuant to sections 13-32-105 (1) and 42-4-1710 (4)(a). Any interest derived from the deposit and investment of money in the fund is credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund or another fund. Money in the fund may be expended by the state commission, subject to annual appropriation by the general assembly, for the purposes of this article 5.5. In addition, the general assembly may make annual appropriations from the general fund for the purposes of this article 5.5.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective August 9.

Editor's note: This section is similar to former § 13-5.5-107 as it existed prior to 2017.

13-5.5-116. Private right of action - definition. (1) Final actions of the state commission are subject to judicial review as provided for in this section. For purposes of this section, final action means a rule, guideline, or procedure adopted by the state commission pursuant to this article 5.5. A final action does not include a final recommendation regarding a justice or a judge that is made by the state commission or a district commission pursuant to section 13-5.5-108 or 13-5.5-109, an improvement plan developed pursuant to section 13-5.5-110, surveys developed pursuant to section 13-5.5-105 (2)(d), or any aspect of an individual justice's or judge's individual judicial performance evaluation.

(2) A person adversely affected or aggrieved by a final action of the state commission may commence an action for judicial review in the Denver district court within thirty-five days after such action becomes effective. Upon a finding by the court that irreparable injury would otherwise result, the reviewing court shall postpone the effective date of the state commission's action to preserve the rights of the parties, pending conclusion of the review proceedings.

(3) If the court finds no error, it shall affirm the state commission's final action. If the court finds that the state commission's action is arbitrary or capricious; a denial of a statutory right; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, purposes, or limitations; not in accord with the procedures or procedural limitations set forth in this article 5.5 or as otherwise required by law; an abuse or clearly unwarranted exercise of discretion; based upon findings of fact that are clearly erroneous on the whole record; unsupported by substantial evidence when the record is considered as a whole; or otherwise contrary to law, then the court shall hold the action unlawful, set it aside, restrain enforcement, and afford such other relief as may be appropriate. In all cases under review, the court shall determine all questions of law, interpret the statutory and constitutional provisions involved, and apply the interpretation to the facts duly found or established.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective August 9.

ARTICLE 5.7

Access to Justice

PART 1

COLORADO ACCESS TO JUSTICE COMMISSION

13-5.7-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Access to justice is a basic principle of the rule of law, and it ensures that all persons, institutions, and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. In the absence of access to justice, people are unable to have their voice heard, exercise their rights, challenge discrimination, or hold decision makers accountable.

(b) Lack of access to justice is a problem that has serious social, legal, economic, and political consequences;

(c) Since 2003, the Colorado access to justice commission has collaborated with organizations concerned about the gap in access to justice in Colorado to develop and support a range of tools, policies, and services to address this gap. The commission has served as a hub for the many stakeholders working on access to the civil legal process without statutory acknowledgment.

(d) From 2003 to the present, the need for access to justice and the importance of improving access have grown, but the challenges of access to justice in Colorado and around the nation have become more acute;

(e) A study by the Institute for the Advancement of the American Legal System at the university of Denver found that access to justice is a broad societal problem, with sixty-six percent of the American population experiencing at least one legal problem in the past four years and with less than half of those problems being completely resolved;

(f) People with fewer economic resources are a vulnerable population due to lack of access to justice, and Black, Indigenous, and other people of color are particularly vulnerable as they encounter legal issues at a higher rate and of greater seriousness than other populations, according to the Institute for the Advancement of the American Legal System at the university of Denver. A 2022 study by the Legal Services Corporation found that low-income Americans do not receive any or enough legal help for ninety-two percent of their legal problems.

(g) In response to these trends, in 2021, the commission undertook a systematic statewide study to better understand the challenges facing those trying to resolve civil legal problems. The commission conducted a total of forty-one different listen and learn sessions, meeting virtually with legal and community service providers in each of Colorado's twenty-two judicial districts. The study revealed that, due to the complexity of legal matters and the prohibitive cost of legal help, barriers to access impact Coloradans of all backgrounds and from all walks of life.

(h) The COVID-19 pandemic required experimentation and innovation in Colorado's court system and elsewhere, uncovering ways that the legal system can work better for people and organizations with legal needs; and

(i) There is an intersection of need and opportunity with respect to access to civil justice for all Coloradans, such that the commission's ongoing work merits statutory recognition, informing the governor and general assembly through regular, systematic input from the commission.

(2) Therefore, the general assembly recognizes that access to civil courts is a pillar of democracy and enacts this article 5.7 to codify the Colorado access to justice commission and affirm its commitment to equitable access to the civil legal process.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1879, § 1, effective August 7.

13-5.7-102. Definitions. As used in this article 5.7, unless the context otherwise requires:

(1) Commission means the Colorado access to justice commission established pursuant to section 13-5.7-103.

(2) Fund means the Colorado access to justice cash fund created in section 13-5.7-105.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1880, § 1, effective August 7.

13-5.7-103. Colorado access to justice commission - creation - membership - operation. (1) There is created the Colorado access to justice commission, which has the powers and duties specified in this article 5.7.

(2) (a) The commission consists of:

(I) At least seventeen but no more than twenty voting members, as follows:

(A) At least eight but no more than ten members appointed by the Colorado bar association;

(B) At least three but no more than four members appointed by the chief justice of the supreme court of Colorado;

(C) One member appointed by the governor;

(D) One member appointed by the president of the Colorado senate;

(E) One member appointed by the speaker of the Colorado house of representatives;

(F) One member appointed by Colorado Legal Services, a nonprofit agency, or its successor agency;

(G) One member appointed by the Colorado Lawyer Trust Account Foundation, or its successor agency; and

(H) One member appointed by the Legal Aid Foundation of Colorado, or its successor agency; and

(II) At least four nonvoting, ex officio members, including:

(A) The Colorado supreme court justice liaison;

(B) The executive director of Colorado Legal Services, or its successor agency;

(C) The executive director of the Legal Aid Foundation of Colorado, or its successor agency; and

(D) A representative of the Colorado attorney general appointed by the chair of the commission.

(b) Nothing in this subsection (2) prevents the chair of the commission from creating nonvoting emeritus positions for long-serving, retiring commissioners.

(c) The appointing authorities shall name the initial members to the commission by September 1, 2023. Members of the commission serve three-year terms and may be reappointed by their appointing authority for an additional two terms. Members of the commission may be removed by their respective appointing authorities for cause. If a vacancy occurs on the commission, the appointing authority for the member whose position is vacated shall appoint a member to fill the vacant position.

(d) The commission shall select a chair and vice-chair of the commission from its membership.

(3) Members of the commission serve without compensation but may be reimbursed for their actual and necessary expenses incurred in the performance of their official duties as members of the commission.

(4) The commission may establish bylaws as appropriate for its effective operation.

(5) The chair of the commission shall establish a schedule for commission meetings. The commission shall meet at least once every three months.

(6) Members of the commission, staff, and consultants are not liable for any act or omission in their official capacity performed in good faith in accordance with this article 5.7.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1881, § 1, effective August 7.

13-5.7-104. Duties of commission - mission - staffing - report. (1) The mission of the commission is to expand access, quality, and fairness in the justice system for all Coloradans.

(2) The commission has the following powers and duties:

(a) To identify, examine, and report on the impediments to accessing Colorado's civil justice system and how to mitigate or eliminate such impediments;

(b) To examine specific problems in the civil justice system, qualitatively and quantitatively, and how to solve them, including consideration of the experiences of individuals and organizations who use the system;

(c) To bring leaders from diverse sectors together to implement solutions to address statewide issues that impede access to justice, thereby supporting an ecosystem of access to justice work being done statewide;

(d) To create practical solutions for those who lack the information, tools, and services necessary to resolve their civil legal problems fairly, quickly, and economically;

(e) To act as a leader to inform, engage, and inspire lawyers, advocates, community members, and other stakeholders to improve access to justice;

(f) To use its platform to elevate understanding of and commitment to access to justice in Colorado;

(g) To advocate for needed changes to laws, practices, rules, and policies in Colorado; and

(h) To form advisory committees as necessary to gain input and expertise for the commission in an effort to further the duties and responsibilities set forth in this subsection (2).

(3) (a) Commission advisory committees focus on specific subject matters and may make recommendations to the full commission. The chair of the commission shall appoint members of the commission to serve on the advisory committees and shall appoint a commission member to serve as chair of each advisory committee formed pursuant to this subsection (3).

(b) The chair of an advisory committee may select interested members of the community who are not members of the commission to serve on the advisory committee. Noncommission members of an advisory committee serve without compensation or reimbursement for expenses.

(4) The commission may respond to inquiries from the general assembly, the governor, businesses, or individuals, as resources allow.

(5) (a) The commission may hire staff to facilitate its work, including an executive director and other staff as necessary.

(b) As funds allow, the commission may also contract with independent contractors to provide resources for data collection, research, analysis, publication of the commission's findings and reports, and other necessary services in furtherance of the commission's purpose.

(6) (a) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall prepare and submit an annual report on its work, including findings and recommendations approved by at least two-thirds of the voting members of the commission, to the governor and the judiciary committees of the senate and the house of representatives, or their successor committees. The legislative committees of reference shall consider the commission's recommendations for legislation, and the governor shall consider the commission's recommendations for regulatory action. The commission shall present its report to the legislative committees of reference during the committees' hearings held pursuant to the SMART Act, part 2 of article 7 of title 2.

(b) With regard to any legislative recommendations contained in its report, the commission shall specify the laws that need to be created, amended, or repealed to ensure access to justice for all Coloradans.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1882, § 1, effective August 7.

13-5.7-105. Colorado access to justice cash fund - creation - funding sources - use of fund. (1) (a) There is created in the state treasury the Colorado access to justice cash fund. The fund consists of money appropriated or transferred by the general assembly to the fund and any gifts, grants, or donations from private or public sources made to the commission for the purpose of this article 5.7.

(b) Money in the fund is continuously appropriated to the commission for the purposes of this article 5.7. The state treasurer shall credit to the fund all interest and income derived from the investment and deposit of money in the fund. Any unexpended and unencumbered money remaining in the fund at the end of any fiscal year shall remain in the fund and must not be credited or transferred to the general fund or any other fund.

(c) The commission may solicit, accept, and expend gifts, grants, or donations, including in-kind donations, from any source for the purposes of this article 5.7, and nothing in this title 13 prevents the commission from maintaining as a subsidiary or in other appropriate form an organization exempt from federal income tax under 26 U.S.C. sec. 501(c)(3).

(2) The commission may use money in the fund for the implementation of this article 5.7 and in furtherance of the commission's mission, including:

(a) To compensate the commission's staff and independent contractors;

(b) To pay the costs of obtaining data and analyses from organizations and entities; and

(c) To pay the commission members' necessary expenses in performance of their duties.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1884, § 1, effective August 7.

PART 2

EQUAL JUSTICE AUTHORITY

Cross references: For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

13-5.7-201. Definitions. As used in this part 2, unless the context otherwise requires:

(1) Authority means the equal justice authority created in section 13-5.7-202.

(2) Board means the equal justice authority board created in section 13-5.7-204.

(3) Equal justice fee means the fee collected on civil actions as set forth in sections 13-4-112 (3)(a), 13-32-101 (9)(a), and 13-32-102 (7)(a) pursuant to this part 2.

(4) Qualified civil legal aid provider means a 501 (c)(3) nonprofit organization other than the Colorado recipient of a federal legal services corporation field grant that provides legal representation and advice to people in Colorado who are at or below two hundred fifty percent of the federal poverty guideline to support their access to basic needs such as housing, employment, health services, education, and assistance with family matters and immigration status issues.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2291, § 2, effective June 3.

13-5.7-202. Creation and purpose. There is created as a special purpose authority, as defined in section 24-77-102, the equal justice authority, which is a body corporate and a political subdivision of the state, which shall not be an agency of state government and shall not be subject to administrative direction by any department, commission, board, bureau, or agency of the state. The authority is responsible for distributing the equal justice fee pursuant to section 13-5.7-206 for the purpose of providing equal access to legal aid services and to increase efficiency of the court system for all court users.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2292, § 2, effective June 3.

13-5.7-203. General powers. (1) In addition to any other powers granted to the authority in this part 2, the authority has the following powers:

(a) To have the duties, privileges, immunities, rights, liabilities, and disabilities of a body corporate and political subdivision of the state;

(b) To have perpetual existence and succession;

(c) To adopt, have, and use a seal and to alter the same at its pleasure;

(d) To sue and be sued;

(e) To enter into any contract or agreement not inconsistent with this part 2 or the laws of the state;

(f) To purchase, lease, lease with an option to purchase, trade, exchange, or otherwise acquire, maintain, hold, improve, mortgage, encumber, and dispose of real property and personal property, whether tangible or intangible, and any interest, including easements and rights-of-way, without restriction or limitation;

(g) To acquire office space, equipment, services, supplies, and insurance necessary to carry out the purposes of this part 2;

(h) To deposit any money of the authority in any banking institution or in any depository authorized pursuant to section 24-75-603, and to appoint, for the purpose of making such deposits, one or more persons to act as custodians of the money of the authority, who shall give surety bonds in such amounts and form and for such purposes as the board requires;

(i) To contract for and to accept any gifts, grants, and loans of funds, property, or any other aid in any form from the federal government, the state, any state agency, or any other source, or any combination thereof, and to comply, subject to the provisions of this part 2, with the terms and conditions of such contracts or the acceptance of such items;

(j) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 2, which specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 2;

(k) To fix the time and place or places at which its regular and special meetings are to be held;

(l) To elect one member as chairperson of the board and another member as vice-chairperson of the board and to elect one or more members as secretary and treasurer of the board and elect or appoint such other officers as the board may determine and provide for their duties and terms of office;

(m) To appoint agents, employees, and professional and business advisers, including real estate professionals, construction companies, property managers, attorneys, accountants, and financial advisers as may from time to time be necessary in the authority's judgment to accomplish the purposes of this part 2, and to fix the compensation of such agents, employees, and advisers, and to establish the powers and duties of all agents, employees, and advisers, as well as any other person contracting with the authority to provide services, including termination of employment or the contract for services;

(n) To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the authority pursuant to this part 2, including, but not limited to, contracts with any person, firm, corporation, municipality, state agency, county, or other entity. All municipalities, counties, and state agencies may enter into and do all things necessary to perform any such arrangement or contract with the authority.

(o) Other powers necessary to accomplish the authority's specific goals as required pursuant to this part 2.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2292, § 2, effective June 3.

13-5.7-204. Equal justice authority board - membership and meetings - rules. (1) The authority is governed by the equal justice authority board, which is made up of seven members who are residents of this state and have a demonstrated commitment to providing civil legal aid through current or prior employment with a qualified civil legal aid provider, or through substantial volunteer service with a similar organization.

(2) Members of the board must be appointed as follows:

(a) One member appointed by the chief justice of the Colorado supreme court;

(b) One member appointed by the attorney general;

(c) One member appointed by the Colorado bar association;

(d) One member appointed by the Colorado lawyer trust account foundation; and

(e) Three members appointed by the Colorado access to justice commission, at least two of whom are employed by a qualified civil legal aid provider, and at least one of whom is employed by a qualified civil legal aid provider that employs ten or fewer full-time attorneys.

(3) The appointing authorities shall make reasonable efforts to appoint board members that reflect the geographic and demographic diversity of the state, including members from both rural and urban parts of the state, and members of diverse political, racial, ability, cultural group, and socioeconomic status.

(4) Members serve terms of three years; except that initial terms of the members appointed by the Colorado access to justice commission are two-year terms in order to stagger the terms so that no more than four members' terms expire in the same year. The appointing authorities shall designate the initial terms and fill any vacancies on the board.

(5) Terms expire on December 31 of the final year of the term.

(6) Members may be reappointed to serve two additional terms.

(7) A member may be removed from the board by majority vote of the board for misfeasance, malfeasance, willful neglect of duty, or other cause after notice and a public hearing, unless notice and a public hearing are expressly waived in writing by the member being removed.

(8) The board shall meet at least four times per year.

(9) The board shall elect a chair and a vice-chair at its first meeting of each calendar year.

(10) Members serve without compensation but must be reimbursed for actual and reasonable expenses incurred in the performance of their duties.

(11) The board shall adopt its own rules of procedure and keep a record of all proceedings.

(12) The board, by resolution, shall establish rules to ensure money received from a grant is used for purposes specified in section 13-5.7-206 and to establish a funding formula to use to determine the grant distribution amount for each qualified civil legal aid provider.

(13) (a) The authority may cooperate and enter into contracts with the commission or another agency or entity, for administrative or operational assistance, including for staffing.

(b) The authority shall pay the contracted entity in advance for all agreed upon costs incurred by the contracted entity in providing staffing for the authority to carry out its mission, including compensation for employees staffing the authority and any administration and indirect costs associated with staffing the authority.

(14) If the contracted entity expects to incur actual costs as a result of staffing the authority that exceed the amount provided by the authority pursuant to section 13-5.7-206, the authority shall pay the contracted entity for all costs incurred by the contracted entity in providing staffing to the authority, including, but limited to, compensation for employees staffing the authority and administrative costs in an amount agreed upon by the authority and contracted entity.

(15) The attorney general shall represent the authority in a cause of action.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2293, § 2, effective June 3.

13-5.7-205. Imposition and collection of the equal justice fee. (1) Beginning January 1, 2025, the authority shall impose, and the court shall collect on behalf of the authority, an equal justice fee in the amount specified in sections 13-4-112 (3), 13-32-101 (9), and 13-32-102 (7) on the court filings specified in sections 13-4-112 (1)(a) and (1)(b); 13-32-101 (1), except filings in small claims court; and 13-32-102 (1)(a), (1)(b), and (1)(f). For the purpose of minimizing compliance costs for court users and administrative costs for the authority, the court shall collect the equal justice fee on behalf of the authority in the same manner in which it collects court filing fees imposed by sections 13-4-112, 13-32-101, and 13-32-102; except that the court shall not transmit the collected equal justice fees to the state treasurer for deposit to any state fund but shall instead remit the fees collected to the authority in accordance with the process developed pursuant to subsection (2) of this section.

(2) The authority shall maintain an account in a financial institution to which all money collected for the equal justice fee is deposited. The authority shall work with the judicial department to develop a process that ensures that each court is able to promptly and efficiently deposit all equal justice fees collected directly into the account or otherwise promptly and efficiently remit such fees to the authority.

(3) Equal justice fees collected and remitted to the authority pursuant to this section are not state revenue.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2295, § 2, effective June 3.

13-5.7-206. Distribution of equal justice fees - purpose. (1) On July 1, 2025, and each July 1 thereafter, the authority shall annually distribute all money deposited into the authority's account as required by section 13-5.7-205 (2), less the authority's direct and indirect expenses in administering the requirements of this part 2 and any other related work completed to advance the mission of the authority. The authority shall distribute sixty-seven percent of the remaining revenue to the Colorado recipient of a federal legal services corporation field grant and thirty-three percent to qualified civil legal aid providers.

(2) The board, by resolution, shall establish a funding formula to use to determine the distribution amount for each qualified civil legal aid provider. In developing the formula, the board shall consider the following factors:

(a) The number of attorney hours spent serving people in Colorado in poverty in the previous year;

(b) The number of full-time attorneys employed by the qualified civil legal aid provider;

(c) The number of individuals living in poverty who receive legal representation or legal advice from the qualified civil legal aid provider;

(d) Geographic reach of services; and

(e) Ability and experience serving populations with barriers to legal assistance, including people with disabilities and people with limited English proficiency.

(3) In establishing the funding formula pursuant to subsection (2) of this section, the board shall consider the vital importance of the work of qualified civil legal aid providers that employ ten or fewer full-time attorneys to low-income Colorado communities.

(4) Money received from a grant must be used for the following purposes:

(a) To provide access to legal representation to indigent persons by providing annual grants to the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers pursuant to this section;

(b) To increase the efficiency of Colorado courts for all court users by reducing slowdowns caused by self-representation; and

(c) To pay the direct and indirect costs of administering the requirements of this part 2, including payment for costs associated with staffing the authority and reimbursement of the actual and necessary expenses of board members as required by section 13-5.7-204.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2295, § 2, effective June 3.

13-5.7-207. Report. (1) On or before January 1, 2026, and each January 1 thereafter, the authority shall prepare and submit a report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, that details the use of the equal justice fees. At a minimum, the report must include:

(a) How much money was collected in equal justice fees and deposited in the authority's account as required by section 13-5.7-205 (2) in the preceding year;

(b) How much money the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers received from the collected equal justice fees in the preceding year;

(c) The amount of money received from the collected equal justice fees that remained unused by the Colorado recipient of a federal legal services corporation field grant and the qualified civil legal aid providers at the conclusion of the preceding year; and

(d) The types of legal services provided to individuals who received legal services from the Colorado recipient of a federal legal services corporation field grant and other qualified civil legal aid providers that received money from the collected equal justice fees.

Source: L. 2024: Entire part added, (HB 24-1286), ch. 339, p. 2296, § 2, effective June 3.

ARTICLE 6

County Courts

Cross references: For the power of the general assembly to provide simplified procedures in county courts for the trial of misdemeanors, see § 21 of art. VI, Colo. Const.

PART 1

ESTABLISHMENT AND JURISDICTION

13-6-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established in each county of the state of Colorado a county court.

Source: L. 64: p. 409, § 1. C.R.S. 1963: § 37-13-1.

13-6-102. Court of record. Each county court shall be a court of record, with such powers as are inherent in constitutionally created courts.

Source: L. 64: p. 409, § 2. C.R.S. 1963: § 37-13-2.

13-6-103. Statewide jurisdiction. The jurisdiction of the county court shall extend to all cases which arise within the boundaries of this state or are subject to its judicial power and which are within the limitations imposed by this article, but the exercise of this jurisdiction is subject to restrictions of venue as established by this article or, if there are none, by rule of the Colorado supreme court.

Source: L. 64: p. 409, § 3. C.R.S. 1963: § 37-13-3. L. 79: Entire section amended, p. 598, § 12, effective July 1.

13-6-104. Original civil jurisdiction. (1) On and after January 1, 2019, the county court shall have concurrent original jurisdiction with the district court in civil actions, suits, and proceedings in which the debt, damage, or value of the personal property claimed does not exceed twenty-five thousand dollars, including by way of further example, and not limitation, jurisdiction to hear and determine actions in tort and assess damages therein not to exceed twenty-five thousand dollars. The county court shall also have jurisdiction of counterclaims in all such actions when the counterclaim does not exceed twenty-five thousand dollars.

(2) The county court shall have concurrent original jurisdiction with the district court in actions to foreclose liens pursuant to article 20 of title 38 and in cases of forcible entry, forcible detainer, or unlawful detainer, except when such cases involve the boundary or title to real property and except as provided in section 13-40-109. Judgment in the county court for rent, damages on account of unlawful detention, damages for injury to property, and damages incurred under article 20 of title 38 pursuant to this subsection (2) shall not exceed a total of twenty-five thousand dollars, exclusive of costs and attorney fees, nor shall the county court on and after January 1, 2019, have jurisdiction if the monthly rental value of the property exceeds twenty-five thousand dollars.

(3) The county court shall have concurrent original jurisdiction with the district court in petitions for change of name.

(4) Repealed.

(5) The county court shall have concurrent original jurisdiction with the district court to issue temporary and permanent civil restraining orders as provided in article 14 of this title.

(6) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.)

(7) The county court shall have concurrent original jurisdiction with the district court to hear actions brought pursuant to section 25-8-607, C.R.S.

(8) The county court shall have original jurisdiction in hearings concerning the impoundment of motor vehicles pursuant to section 42-13-106, C.R.S.

(9) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.)

Source: L. 64: p. 409, § 4. C.R.S. 1963: § 37-13-4. L. 67: p. 1063, § 2. L. 75: (2) amended, p. 1419, § 8, effective April 24; (1) and (2) amended, p. 561, § 1, effective October 1. L. 78: (5) added, p. 352, § 1, effective April 21. L. 79: (6) added, p. 599, § 13, effective July 1. L. 81: (1) and (2) amended, p. 879, § 1, effective July 1; (7) added, p. 1338, § 2, effective July 1. L. 82: (5) R&RE and (6) amended, p. 301, §§ 2, 3, effective April 23. L. 86: (8) added, p. 924, § 2, effective April 3. L. 87: (2) amended, p. 1576, § 13, effective July 10. L. 90: (1) and (2) amended, p. 848, § 2, effective May 31; (1) and (2) amended, p. 854, § 2, effective July 1. L. 92: (9) added, p. 292, § 2, effective April 23. L. 94: (4) repealed, p. 2031, § 6, effective July 1; (8) amended, p. 2548, § 29, effective January 1, 1995. L. 99: (5), (6), and (9) amended, p. 501, § 5, effective July 1. L. 2001: (1) and (2) amended, p. 1517, § 11, effective September 1. L. 2018: (1) and (2) amended, (SB 18-056), ch. 298, p. 1816, § 1, effective January 1, 2019.

Cross references: (1) For treatment by county court of restraining orders issued in restraint of persons threatening assaults and bodily harm, see C.R.C.P. 365(b); for civil protection orders, see article 14 of this title; for provisions relating to domestic abuse programs, see article 7.5 of title 26.

(2) For the legislative declaration contained in the 1990 act amending subsections (1) and (2), see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-105. Specific limits on civil jurisdiction. (1) The county court has no civil jurisdiction except that specifically conferred upon it by law. In particular, it has no jurisdiction over the following matters:

(a) Matters of probate;

(b) Matters of mental health, including certification, restoration to competence, and the appointment of conservators;

(c) Matters of dissolution of marriage, declaration of invalidity of marriage, and legal separation;

(d) Matters affecting children, including the allocation of parental responsibilities, support, guardianship, adoption, dependency, or delinquency;

(e) Matters affecting boundaries or title to real property;

(f) Original proceedings for the issuance of injunctions, except:

(I) As provided in sections 13-6-104 (5), 38-12-507, and 38-12-510;

(II) As required to enforce restrictive covenants on residential property and to enforce section 6-1-702.5; and

(III) As otherwise specifically authorized in this article 6 or, if there is no authorization, by rule of the Colorado supreme court.

(2) Any powers or duties previously placed in the county court by law in connection with any of the matters excluded from the jurisdiction of the county court by this section are transferred to the district court or, if within their jurisdiction, to the probate court of the city and county of Denver or the juvenile court of the city and county of Denver, and the statutes relating thereto shall be so construed.

(3) Nothing in this section shall be deemed to prevent the appointment of county judges as magistrates in juvenile matters or as magistrates in mental health and other matters. Appointments of county judges as magistrates in mental health and other matters are authorized, and, when so appointed by the district judge, the county judge shall serve as a district court officer for the designated purposes.

Source: L. 64: p. 410, § 5. C.R.S. 1963: § 37-13-5. L. 78: (1)(f) amended, p. 353, § 2, effective April 21. L. 79: (1)(f) amended, p. 599, § 14, effective July 1; (3) amended, p. 963, § 12, effective July 1. L. 88: (1)(f) amended, p. 601, § 1, effective July 1. L. 91: (3) amended, p. 356, § 8, effective April 9. L. 98: (1)(d) amended, p. 1392, § 24, effective February 1, 1999. L. 2000: (1)(f) amended, p. 2034, § 2, effective August 2. L. 2008: (1)(f) amended, p. 596, § 4, effective August 5. L. 2019: IP(1) and (1)(f) amended, (HB 19-1170), ch. 229, p. 2305, § 1, effective August 2. L. 2020: (1)(b) amended, (SB 20-136), ch. 70, p. 282, § 3, effective September 14. L. 2024: (1)(f)(I) amended, (SB 24-094), ch. 158, p. 729, § 13, effective May 3.

Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

13-6-106. Original criminal jurisdiction. (1) The county court shall have concurrent original jurisdiction with the district court in the following criminal matters:

(a) Criminal actions for the violation of state laws which constitute misdemeanors or petty offenses, except those actions involving children over which the juvenile court of the city and county of Denver or the district courts of the state, other than in Denver, have exclusive jurisdiction;

(b) The issuance of warrants, the conduct of preliminary examinations, the conduct of dispositional hearings pursuant to section 16-5-301 (1), C.R.S., and section 18-1-404 (1), C.R.S., the issuance of bindover orders, and the admission to bail in felonies and misdemeanors.

(2) The provisions of subsection (1)(b) of this section shall not apply to any child under the age of eighteen years alleged to have committed a felony, except a crime of violence punishable by death or life imprisonment where the accused is sixteen years of age or older.

Source: L. 64: p. 411, § 6. C.R.S. 1963: § 37-13-6. L. 67: p. 1051, § 6. L. 79: (1)(a) amended, p. 599, § 15, effective July 1. L. 98: (1)(b) amended, p. 1274, § 4, July 1.

13-6-107. Restraining orders to prevent emotional abuse of the elderly. (Repealed)

Source: L. 92: Entire section added, p. 290, § 1, effective April 23. L. 94: (5), (9), (10), and (11) amended and (13) added, p. 2005, § 1, effective January 1, 1995. L. 98: (1) and (5) amended, p. 244, § 2, effective April 13. L. 99: Entire section repealed, p. 501, § 6, effective July 1.

PART 2

JUDGES AND OTHER PERSONNEL

13-6-201. Classification of counties. (1) For such organizational and administrative purposes concerning county courts as are specified in this part 2, counties shall be classified as provided in subsection (2) of this section. The classifications established in this section shall not have any effect upon any classifications now provided by law for any other purpose and specifically shall have no effect upon the existing classification of counties for the purpose of fixing judicial salaries for county judges as provided by section 13-30-103.

(2) Classes of counties for this part 2 are:

(a) Class A. Class A shall consist of the city and county of Denver.

(b) Class B. Class B consists of the counties of Adams, Arapahoe, Boulder, Douglas, Eagle, El Paso, Fremont, Garfield, Jefferson, La Plata, Larimer, Mesa, Montezuma, Montrose, Pueblo, Summit, Weld, and the city and county of Broomfield.

(c) Class C. Class C consists of the counties of Alamosa, Delta, Las Animas, Logan, Morgan, Otero, Prowers, and Rio Grande.

(d) Class D. Class D shall consist of the counties of Archuleta, Baca, Bent, Chaffee, Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Dolores, Elbert, Gilpin, Grand, Gunnison, Jackson, Hinsdale, Huerfano, Kiowa, Kit Carson, Lake, Lincoln, Mineral, Moffat, Ouray, Park, Phillips, Pitkin, Saguache, San Juan, San Miguel, Sedgwick, Rio Blanco, Routt, Teller, Washington, and Yuma.

Source: L. 64: p. 411, § 7. C.R.S. 1963: § 37-14-1. L. 72: p. 591, § 59. L. 75: (2)(b) and (2)(d) amended, p. 563, § 1, effective July 1. L. 77: (2)(b) R&RE and (2)(c) amended, p. 783, §§ 1, 2, effective July 1, 1978. L. 81: (1) amended, p. 2025, § 15, effective July 14. L. 92: (2)(b) and (2)(d) amended, p. 274, § 1, effective February 12. L. 93: (2)(b) and (2)(d) amended, p. 1774, § 31, effective June 6. L. 97: (2)(b) and (2)(d) amended, p. 984, § 1, effective July 1, 1998. L. 2001: (2)(b) amended, p. 56, § 1, effective July 1. L. 2007: (1), (2)(b), and (2)(c) amended, p. 363, § 1, effective April 2. L. 2009: (2)(b) and (2)(c) amended, (HB 09-1037), ch. 18, p. 95, § 1, effective March 18. L. 2022: (2)(b) and (2)(c) amended, (HB 22-1237), ch. 113, p. 510, § 1, effective April 21.

13-6-202. Number of judges. (1) There is one county judge in each county, except that:

(a) Subject to available appropriations, the number of county judges in the county of Jefferson is nine;

(b) Subject to available appropriations, the number of county judges in the county of El Paso is ten;

(c) Subject to available appropriations, the number of county judges in the county of Adams is eight;

(d) Subject to available appropriations, the number of county judges in the county of Arapahoe is eight;

(e) Subject to available appropriations, the number of county judges in the county of Boulder is five;

(f) Subject to available appropriations, the number of county judges in the county of Pueblo is three;

(g) Subject to available appropriations, the number of county judges in the city and county of Denver is the number of county judges provided by the charter and ordinances thereof;

(h) (I) Subject to available appropriations, the number of county judges in the county of Larimer is five; and

(II) Subject to available appropriations, effective July 1, 2026, the number of county judges in the county of Larimer is six;

(i) (I) Subject to available appropriations, the number of county judges in the county of Douglas is three; and

(II) Subject to available appropriations, effective July 1, 2026, the number of county judges in the county of Douglas is four;

(j) Subject to available appropriations, effective July 1, 2025, the number of county judges in the county of La Plata is two;

(k) (I) Subject to available appropriations, the number of county judges in the county of Mesa is three; and

(II) Subject to available appropriations, effective July 1, 2026, the number of county judges in the county of Mesa is four;

(l) Subject to available appropriations, the number of county judges in the county of Weld is four; and

(m) Subject to available appropriations, effective July 1, 2026, the number of county judges in the county of Eagle is two.

(2) (a) One of the county judges in Boulder county shall maintain a courtroom in the city of Longmont at least three days per week.

(b) A judge of the Eagle county court shall conduct court business in that portion of Eagle county lying in the Roaring Fork river drainage area in a manner sufficient to deal with the business before the court.

Source: L. 64: p. 412, § 8. L. 65: p. 476, §§ 1, 2. C.R.S. 1963: § 37-14-2. L. 67: p. 485, § 1. L. 68: p. 38, § 1. L. 72: pp. 189, 592, §§ 1, 60. L. 73: p. 495, § 1. L. 75: Entire section amended, p. 565, § 2, effective October 1. L. 77: Entire section amended, p. 785, § 1, effective July 1. L. 80: Entire section amended, p. 509, § 1, effective July 1. L. 84: Entire section amended, p. 454, § 4, effective September 1. L. 89: Entire section amended, p. 749, § 1, effective April 1, 1990. L. 92: Entire section amended, p. 275, § 2, effective February 12. L. 95: Entire section amended, p. 452, § 1, effective May 16. L. 99: Entire section amended, p. 668, § 1, effective May 18. L. 2001: Entire section amended, p. 56, § 2, effective July 1. L. 2006: Entire section amended, p. 22, § 2, effective July 1. L. 2007: Entire section amended, p. 1529, § 16, effective May 31. L. 2025: Entire section R&RE, (SB 25-024), ch. 23, p. 87, § 8, effective March 24.

13-6-203. Qualifications of judges. (1) The county judge shall be a qualified elector of the county for which he is elected or appointed and shall reside there so long as he serves as county judge.

(2) In counties of Class A and B, no person shall be eligible for election or appointment to the office of county judge unless he has been admitted to the practice of law in Colorado.

(3) In counties of Class C and Class D, a person is not eligible for appointment to the office of county judge unless he or she has graduated from high school or has successfully completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S.

(4) Repealed.

(5) Judges-elect who have not been admitted to the practice of law shall not take office for the first time as county judge until they have attended an institute on the duties and functioning of the county court to be held under the supervision of the supreme court, unless such attendance is waived by the supreme court. Judges who are attorneys and who are taking office for the first time as county judge may attend this institute if they wish. All judges are entitled to their actual and necessary expenses while attending this institute. The supreme court shall establish the institute to which this subsection (5) refers and shall provide that it be held when the appointment of a sufficient number of nonlawyer county judges warrants, as determined by the chief justice.

Source: L. 64: p. 412, § 9. C.R.S. 1963: § 37-14-3. L. 67: p. 457, § 9. L. 69: p. 250, § 10. L. 72: p. 592, § 61. L. 73: p. 1402, § 30. L. 79: (3) amended and (4) repealed, pp. 599, 602, §§ 16, 30, effective July 1. L. 2014: (3) amended, (SB 14-058), ch. 102, p. 377, § 2, effective April 7.

13-6-204. Activities of judges. (1) In counties of Class A and B, county judges shall devote their full time to judicial duties and shall not engage in the private practice of law. They may also serve as municipal judges in counties of Class A but may not do so in counties of Class B.

(2) In counties of Class C and D, county judges, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court and may serve as municipal judges.

(3) County judges of any class county may be appointed as magistrates in juvenile matters and as magistrates for the district court in mental health matters and shall receive no additional compensation for such service. County judges may accept appointment as magistrates in any other matter, and for such service a county judge is entitled to such compensation as the appointing district judge may allow, payable from funds provided under sections 13-3-104 and 13-3-106.

Source: L. 64: p. 413, § 10. C.R.S. 1963: § 37-14-4. L. 79: (3) amended, p. 764, § 13, effective July 1. L. 91: (3) amended, p. 356, § 9, effective April 9.

13-6-205. Term and appointment of judges. The term of office of county judges shall be four years. County judge appointments shall be made pursuant to section 20 of article VI of the state constitution. This section shall not apply to the city and county of Denver, and the term of office and manner of selection of county judges therein shall be determined by the charter and ordinances thereof.

Source: L. 64: p. 413, § 11. C.R.S. 1963: § 37-14-5. L. 72: p. 592, § 62.

13-6-206. Vacancies. (1) If the office of a county judge, except in the city and county of Denver, becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the governor, as provided in section 20 of article VI of the state constitution, shall appoint an individual possessing the qualifications specified in section 13-6-203.

(2) If the office of a county judge becomes vacant, the general assembly encourages the judicial district nominating commission in certifying the names of the nominees to the governor to give preference to persons who:

(a) Reside within the county in which the vacancy occurs; and

(b) Have been admitted to practice law in the state.

Source: L. 64: p. 413, § 12. C.R.S. 1963: § 37-14-6. L. 67: p. 457, § 10. L. 2016: Entire section amended, (SB 16-153), ch. 194, p. 684, § 1, effective August 10.

13-6-207. Bond. (Repealed)

Source: L. 64: p. 413, § 13. C.R.S. 1963: § 37-14-7. L. 69: p. 250, § 11. L. 79: Entire section repealed, p. 602, § 30, effective July 1.

13-6-208. Special associate, associate, and assistant county judges. (1) In order to provide for the expeditious handling of county court business and for county court sessions in population centers which are not county seats, there may be created in counties designated by law the positions of special associate county judge, associate county judge, and assistant county judge.

(2) Special associate, associate, and assistant county judges, when so provided by law, except in the city and county of Denver, shall be elected or appointed at the same time, in the same manner, and for the same term, and shall possess the same qualifications, as the county judges of their respective counties. Vacancies in positions for special associate, associate, and assistant county judges shall be filled in the same manner as a vacancy in the office of county judge.

(3) The location of the official residence and court chambers for the purpose of holding court of special associate, associate, and assistant county judges shall be as prescribed by law. Travel and maintenance expenses shall be allowed special associate, associate, and assistant county judges only when they are performing official duties outside of their official places of residence.

(4) Special associate, associate, and assistant county judges when actually performing judicial duties shall have all the jurisdiction and power of a county judge, and their orders and judgments shall be those of the county court.

(5) Repealed.

(6) Special associate, associate, and assistant county judges in counties of Classes B, C, and D, if admitted to the bar, may engage in the private practice of law in courts other than the county court and in matters which have not and will not come before the county court, and may serve as municipal judges.

Source: L. 64: p. 414, § 14. C.R.S. 1963: § 37-14-8. L. 67: p. 457, § 11. L. 71: p. 370, § 1. L. 80: (5) repealed, p. 578, § 8, effective July 1.

13-6-209. Special associate and associate county judges - designated counties. (1) In the county of Montrose there shall be an associate county judge who shall maintain his or her official residence in Montrose county and court chambers in that portion of Montrose county that is included in the southwestern water conservation district as set forth and described in section 37-47-103, C.R.S.

(2) In the county of Garfield there shall be a special associate county judge who shall maintain an official residence in Garfield county and court chambers in the city of Rifle.

(3) In the county of Rio Blanco there must be an associate county judge who shall maintain an official residence in Rio Blanco County and court chambers in the city of Rangely.

(4) Repealed.

Source: L. 64: p. 414, § 15. C.R.S. 1963: § 37-14-9. L. 67: p. 485, § 2. L. 71: p. 371, § 2. L. 75: (4) repealed, p. 564, § 3, effective January 1, 1979. L. 2012: (1) amended, (HB 12-1323), ch. 105, p. 358, § 1, effective April 13. L. 2022: (2) and (3) amended, (HB 22-1237), ch. 113, p. 510, § 2, effective April 21.

13-6-210. Assistant county judges - designated counties. (Repealed)

Source: L. 64: p. 415, § 16. L. 65: p. 477, §§ 1, 2. C.R.S. 1963: § 37-14-10. L. 67: p. 304, § 1. L. 69: p. 263, § 1. L. 72: p. 592, § 63. L. 77: (1) repealed, p. 785, § 2, effective July 1. L. 79: (3) amended, p. 607, § 1, effective May 18. L. 90: (2) repealed, p. 861, § 1, effective March 22. L. 92: (3) repealed, p. 275, § 3, effective February 12.

13-6-211. Appointment of clerk. (1) (a) The position of clerk of the county court is established in counties of Classes A, B, C, and D, except as otherwise provided in this section and in section 13-3-107.

(b) In counties of Class A, the appointment of the clerk shall be made and his salary fixed as prescribed in the charter and ordinances of such county.

(c) In counties of Classes B, C, and D, the appointment and salary of the clerk shall be in accordance with the provisions of section 13-3-105.

(2) In such counties as may be determined by the chief justice, the functions of the office of the clerk of the county court may be performed by a consolidated office serving both the district and county courts, as provided in section 13-3-107.

(3) In any county in which there is no clerk of the county court provided pursuant to the provisions of section 13-3-105, the judge of the county court shall act as ex officio clerk without further compensation and have all the duties and powers of the clerk.

Source: L. 64: p. 416, § 20. C.R.S. 1963: § 37-14-14. L. 69: p. 251, § 14. L. 79: (2) amended, p. 599, § 17, effective July 1.

13-6-212. Duties of clerk. (1) The powers and duties of the clerk of the county court shall be similar to the powers and duties of the clerk of the district court exclusive of the powers of the district court clerk in probate and shall include such duties as may be assigned to him by law, by court rules, and by the county judge.

(2) Upon approval by the chief justice of the supreme court, the chief judge of a judicial district may authorize, either generally or in specific cases, the clerk of the county court to do the following:

(a) Issue bench warrants, misdemeanor or felony warrants, and writs of restitution upon written or oral order of a judge;

(b) Advise defendants in criminal cases of their procedural and constitutional rights;

(c) Accept pleas of not guilty in all criminal cases and set dates for hearings or trials in such cases;

(d) Subject to the requirements of the Colorado rules of civil procedure, enter default and default judgments and issue process for the enforcement of said judgments;

(e) Under the direction of a judge, grant continuances, set motions for hearing, and set cases for trial; and

(f) With the consent of the defendant, accept pleas of guilty and admissions of liability and impose penalties pursuant to a schedule approved by the presiding judge in misdemeanor cases involving violations of wildlife and parks and outdoor recreation laws for which the maximum penalty in each case is a fine of not more than one thousand dollars; and in misdemeanor traffic and traffic infraction cases involving the regulation of vehicles and traffic for which the penalty specified in section 42-4-1701, or elsewhere in articles 2 to 4 of title 42, in each case is less than three hundred dollars; and in civil infraction cases. A clerk shall not levy a fine greater than these amounts nor sentence any person to jail. If, in the judgment of the clerk, a fine greater than these amounts or a jail sentence is justified, the case must be certified to the judge of the county court for rearraignment and trial de novo.

Source: L. 64: p. 417, § 21. C.R.S. 1963: § 37-14-15. L. 79: Entire section amended, p. 608, § 1, effective April 25. L. 83: (2)(f) amended, p. 602, § 1, effective July 1. L. 84: (2)(f) amended, p. 921, § 7, effective January 1, 1985. L. 94: (2)(f) amended, p. 2549, § 30, effective January 1, 1995. L. 2022: (2)(f) amended, (HB 22-1229), ch. 68, p. 339, § 3, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (2)(f) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Cross references: For court clerk's duties, see article 1 of this title and § 13-5-125; for law enforcement and penalties relating to wildlife and parks and outdoor recreation, see articles 6 and 15 of title 33.

13-6-213. Bond of clerk. (Repealed)

Source: L. 64: p. 417, § 22. C.R.S. 1963: § 37-14-16. L. 69: p. 251, § 15. L. 79: Entire section repealed, p. 602, § 30, effective July 1.

13-6-214. Other employees. (1) In counties of Class A, such deputy clerks, assistants, reporters, stenographers, and bailiffs as shall be necessary for the transaction of the business of the county court may be appointed and their compensation fixed in the manner provided in the charter and ordinances thereof.

(2) In counties of Classes B, C, and D, there shall be appointed such deputy clerks, assistants, reporters, stenographers, and bailiffs as are necessary, in accordance with the provisions of section 13-3-105.

Source: L. 64: p. 417, § 23. C.R.S. 1963: § 37-14-17. L. 69: p. 252, § 16.

13-6-215. Presiding judges. In each county court which has more than one county judge, the court, by rule, shall provide for the designation of a presiding judge. If there is a failure to select a presiding judge by rule, the chief justice shall designate a presiding judge.

Source: L. 64: p. 418, § 24. C.R.S. 1963: § 37-14-18. L. 79: Entire section amended, p. 599, § 18, effective July 1.

13-6-216. Judges to sit separately. In each county court which has more than one county judge, each judge shall sit separately for the trial of cases and the transaction of judicial business, and each court so held shall be known as the county court of the county wherein held. Each judge shall have all of the powers which he might have if he were the sole judge of the court, including the power to vacate his own judgments, decrees, or orders, or those of a predecessor when permitted by law, but not county court orders of another judge of the same county court who is still in office.

Source: L. 64: p. 418, § 25. C.R.S. 1963: § 37-14-19.

13-6-217. Judges may sit en banc. In each county court which has more than one judge, the court may sit en banc for the purpose of making rules of court, the appointment of a clerk and other employees, pursuant to section 13-3-105, and the conduct of other business relating to the administration of the court, as authorized by and subject to the approval of the chief justice of the supreme court.

Source: L. 64: p. 418, § 26. C.R.S. 1963: § 37-14-20. L. 67: p. 458, § 14. L. 69: p. 252, § 17.

13-6-218. Assignment of county judges and retired county judges to other courts authorized. Any county judge or retired county judge who has been licensed to practice law in this state for five years may be assigned by the chief justice of the supreme court, pursuant to section 5 (3) of article VI of the state constitution, to perform judicial duties in any district court, the probate court of the city and county of Denver, or the juvenile court of the city and county of Denver.

Source: L. 67: p. 458, § 15. C.R.S. 1963: § 37-14-21. L. 85: Entire section amended, p. 570, § 4, effective November 14, 1986.

13-6-219. Judge as party to a case - recusal of judge upon motion. (1) If a judge or former judge of a county court is a party in his or her individual and private capacity in a case that is to be tried within any county court in the same judicial district in which the judge or former judge is or was a judge of a county court, any party to the case may file a timely motion requesting that the judge who is appointed to preside over the case recuse himself or herself from the case.

(2) If a county court receives a motion filed by a party pursuant to subsection (1) of this section, the judge who is appointed to preside over the case shall recuse himself or herself if he or she is a judge of a county court in the same judicial district in which the judge or former judge who is a party to the case in his or her individual and private capacity is or was a judge of a county court.

(3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the chief justice of the Colorado supreme court or his or her designee shall appoint a judge from outside the judicial district to preside over the case.

Source: L. 2008: Entire section added, p. 436, § 2, effective August 5.

PART 3

GENERAL PROCEDURAL PROVISIONS

13-6-301. Court rules. Each county court possesses the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state, but are supplementary thereto. In each county court which has more than one judge, or has an associate judge sitting regularly, the court shall make such rules as it deems necessary for the classification, arrangement, and distribution of the business of the court among the several judges thereof. All county court rules are subject to review by the supreme court.

Source: L. 64: p. 418, § 27. C.R.S. 1963: § 37-15-1.

13-6-302. Terms of court. Terms of the county court shall be fixed by rule of the court in each county; except that at least one term shall be held in each county in each year.

Source: L. 64: p. 419, § 28. C.R.S. 1963: § 37-15-2.

13-6-303. Place of holding court. In each county, the county court shall sit at the county seat, and the county court by rule or order also may provide for hearing and trials to be held in locations other than the county seat. In particular, if the corporate limits of a municipality extend into two counties, the county court of either county, for the hearing of matters for which venue is properly laid before them or the requirements thereof are waived, may sit at any place within such municipality without regard to the location of the county line. Where the county court sits regularly at locations other than the county seat, proper venue within the county shall be fixed by court rule.

Source: L. 64: p. 419, § 29. C.R.S. 1963: § 37-15-3.

13-6-304. Court facilities. The county commissioners shall provide court facilities at the county seat and are authorized to do so elsewhere. Such facilities may be provided by arrangement with municipal authorities, by rental, or by other appropriate means.

Source: L. 64: p. 419, § 30. C.R.S. 1963: § 37-15-4.

13-6-305. Maintenance of records. (1) Permanent records of the county court shall be maintained at the office of the clerk of the court at the county seat.

(2) (a) If the county court sits regularly at a location other than the county seat, and the court so provides by rule, cases may be docketed at such locations, and thereafter all pleadings, writs, judgments, and other documents in the case shall be filed at such other location.

(b) Repealed.

(c) In criminal cases, a single copy of items filed is sufficient. A notice of docketing of criminal cases with sufficient information to identify the defendant and the offense charged shall be forwarded forthwith to the clerk of the court at the county seat. After termination of the case, all records on file and a transcript of the judgment shall be forwarded to the county seat.

Source: L. 64: p. 419, § 31. C.R.S. 1963: § 37-15-5. L. 79: (2)(b) repealed, p. 602, § 30, effective July 1.

13-6-306. Seal. The county court of each county shall have an appropriate seal.

Source: L. 64: p. 420, § 32. C.R.S. 1963: § 37-15-6.

13-6-307. Process. (1) Each county court shall have the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by the Colorado rules of civil procedure, may be served outside the state. Any sheriff to whom process is directed is authorized and required to execute the same, and he is entitled to the same fees as are allowed for serving like process from the district courts. Persons other than the sheriff or his deputies may also serve process from the county court when permitted by the Colorado rules of civil procedure or by law.

(2) Upon request of the court, the prosecuting county, or the defendant, the clerk of the county court shall issue a subpoena for the appearance, at any and all stages of the court's proceedings, of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with the violation of a county ordinance. Whenever a person who is issued a subpoena pursuant to this subsection (2) fails, without good cause, to appear, the court may issue an order for the person to show cause to the court as to why the person should not be held in contempt. Following a show cause hearing, the court may make findings of fact and conclusions of law and may enter an appropriate order, which may include finding the person in contempt.

Source: L. 64: p. 420, § 33. C.R.S. 1963: § 37-15-7. L. 94: Entire section amended, p. 908, § 1, effective April 28.

Cross references: For persons authorized to serve process, see C.R.C.P. 4(d); for personal and other service of process outside the state, see C.R.C.P. 4(e) and (g).

13-6-308. Juries. (1) When required, juries shall be selected and summoned as provided for courts of record in articles 71 to 74 of this title, with such exceptions as are provided in this section. With the consent of the district court and the jury commissioners, the county court may, if feasible, use the same panel of jurors summoned for the district court. Jurors selected and summoned for the county court may also be used in municipal court in counties of Class A, as defined in section 13-6-201.

(2) If a county court sits regularly in a location other than the county seat and if jury trials are held at that location as well as at the county seat, the jury commissioner may establish jury districts within the county for the selection of county court jurors. The county shall be divided into as many such districts as there are locations in which the county court regularly holds jury trials, and each district shall include one such location as well as appropriate contiguous territory. In counties so divided, the jury commissioner shall select separate lists of persons from each jury district to serve as county court jurors within their respective districts. Such lists shall contain not less than one hundred names. When jurors are to be summoned for county court service within such districts, names shall be drawn from the list by the jury commissioner. In all other respects, the provisions of articles 71 to 74 of this title shall be followed in selecting, drawing, and summoning jurors in counties divided into county court jury districts.

Source: L. 64: p. 420, § 34. C.R.S. 1963: § 37-15-8. L. 71: p. 875, § 2. L. 81: (2) amended, p. 881, § 1, effective April 24. L. 2001: Entire section amended, p. 1269, § 15, effective June 5.

13-6-309. Verbatim record of proceedings. A verbatim record of the proceedings and evidence at trials in the county court shall be maintained by electronic devices or by stenographic means, as the judge of the court may direct, except when such record may be unnecessary in certain proceedings pursuant to specific provisions of law.

Source: L. 64: p. 421, § 35. C.R.S. 1963: § 37-15-9. L. 79: Entire section amended, p. 600, § 19, effective July 1.

13-6-309.5. Traffic violations bureau - schedule of traffic offenses and fines or penalties - method of payment - effect of payment. (Repealed)

Source: L. 77: Entire section added, p. 787, § 1, effective January 10, 1978. L. 91: Entire section repealed, p. 1404, § 2, effective July 1.

13-6-310. Appeals from county court. (1) Appeals from final judgments and decrees of the county courts shall be taken to the district court for the judicial district in which the county court entering such judgment is located. Appeals shall be based upon the record made in the county court.

(2) The district court shall review the case on the record on appeal and affirm, reverse, remand, or modify the judgment; except that the district court, in its discretion, may remand the case for a new trial with such instructions as it may deem necessary, or it may direct that the case be tried de novo before the district court.

(3) Repealed.

(4) Further appeal to the supreme court from a determination of the district court in a matter appealed to such court from the county court may be made only upon writ of certiorari issued in the discretion of the supreme court and pursuant to such rules as that court may promulgate.

Source: L. 64: p. 421, § 36. C.R.S. 1963: § 37-15-10. L. 85: (3) repealed and (4) amended, pp. 572, 570, §§ 12, 5, effective November 14, 1986.

Cross references: For review on certiorari from a county court as authorized by this section, see C.A.R. 49.

13-6-311. Appeals from county court - simplified procedure. (1) (a) If either party in a civil action believes that the judgment of the county court is in error, he or she may appeal to the district court by filing notice of appeal in the county court within fourteen days after the date of entry of judgment and by filing within the said fourteen days an appeal bond with the clerk of the county court. The bond shall be furnished by a corporate surety authorized and licensed to do business in this state as surety, or one or more sufficient private sureties, or may be a cash deposit by the appellant and, if the appeal is taken by the plaintiff, shall be conditioned to pay the costs of the appeal and the counterclaim, if any, and, if the appeal is taken by the defendant, shall be conditioned to pay the costs and judgment if the appealing party fails. The bond shall be approved by the judge or the clerk.

(b) Upon filing of the notice of appeal, the posting and approval of the bond, and the deposit by the appellant of an estimated fee in advance for preparing the record, the county court shall discontinue all further proceedings and recall any execution issued. The appellant shall then docket his or her appeal in the district court. A motion for new trial is not required as a condition of appeal. If a motion for new trial is made within fourteen days, the time for appeal shall be extended until fourteen days after disposition of the motion, but only matters raised on the motion for new trial shall be considered on an appeal thereafter.

(2) (a) Upon the deposit of the estimated record fee, the clerk of the court shall prepare and issue as soon as possible a record of the proceedings in the county court, including the summons, the complaint, proof of service, and the judgment. The record shall also include a transcription of such part of the actual evidence and other proceedings as the parties may designate or, in lieu of transcription, to which they may stipulate. If a stenographic record has been maintained or the parties agree to stipulate, the party appealing shall lodge with the clerk of the court the reporter's transcript of the designated evidence or proceedings or a stipulation covering such items within forty-two days after the filing of the notice of appeal. If the proceedings have been recorded electronically, the transcription of designated evidence and proceedings shall be prepared in the office of the clerk of the county court, either by him or her or under his or her supervision, within forty-two days after the filing of the notice of appeal.

(b) The clerk shall notify, in writing, the opposing parties of the completion of the record, and the parties have fourteen days within which to file objections. If none are received, the record shall be certified forthwith by the clerk. If objections are made, the parties shall be called for hearing and the objections settled by the county judge as soon as possible and the record then certified.

(3) When the record has been duly certified and any additional fees therefor paid, it shall be filed with the clerk of the district court by the clerk of the county court, and the opposing parties shall be notified of such filing by the clerk of the county court.

(4) A written brief setting out matters relied upon as constituting error and outlining any arguments to be made shall be filed in the district court by the appellant within twenty-one days after filing of the record therein. A copy of the brief shall be served on the appellee. The appellee may file an answering brief within twenty-one days after such service. In the discretion of the district court, time for filing of briefs and answers may be extended.

(5) Unless there is further review by the supreme court upon writ of certiorari and pursuant to the rules of that court, after final disposition of the appeal by the district court, the judgment on appeal therein shall be certified to the county court for action as directed by the district court, except upon trials de novo held in the district court or in cases in which the judgment is modified, in which cases the judgment shall be that of the district court and enforced therefrom.

(6) Repealed.

Source: L. 64: p. 428, § 54. C.R.S. 1963: § 37-16-18. L. 80: (1) and (2)(b) amended, p. 511, § 1, effective April 6. L. 85: (6) repealed, p. 572, § 12, effective November 14, 1986. L. 2012: (1), (2), and (4) amended, (SB 12-175), ch. 208, p. 822, § 3, effective July 1. L. 2013: (1) and (2)(b) amended, (HB 13-1126), ch. 58, p. 192, § 3, effective July 1; (2) amended, (HB 13-1086), ch. 32, p. 77, § 1, effective July 1.

Editor's note: Amendments to subsection (2)(b) by House Bill 13-1086 and House Bill 13-1126 were harmonized.

PART 4

COUNTY COURT - SMALL CLAIMS DIVISION

Law reviews: For article, Changes to the Statutes and Rules Governing Procedures in Colorado Small Claims Courts, see 31 Colo. Law. 29 (Feb. 2002).

13-6-401. Legislative declaration. The general assembly hereby finds and declares that individuals, partnerships, corporations, and associations frequently do not pursue meritorious small civil claims because of the disproportion between the expense and time of counsel and litigation and the amount of money or property involved; that the law and procedures of civil litigation are technical and frequently unknown to persons who are representing themselves; that procedures for the inexpensive, speedy, and informal resolution of small claims in a forum where the rules of substantive law apply, but the rules of procedure and pleading and the technical rules of evidence do not apply, are desirable; that such procedures should be conducted at times convenient to the persons using them, including evening and Saturday sessions; that the personnel implementing and conducting such procedures should be trained and equipped to assist anyone with a small claim in a friendly, efficient, and courteous manner; and that, therefore, the establishment of a small claims division of the county court as provided in this part 4 is in the public interest.

Source: L. 76: Entire part added, p. 517, § 1, effective October 1. L. 77: Entire section amended, p. 789, § 1, effective June 19. L. 2001: Entire section amended, p. 1512, § 1, effective September 1.

13-6-402. Establishment of small claims division. There is hereby established in each county court a division designated as the small claims court.

Source: L. 76: Entire part added, p. 517, § 1, effective October 1.

13-6-403. Jurisdiction of small claims court - limitations. (1) (a) The small claims court has concurrent original jurisdiction with the county and district courts in all civil actions in which the debt, damage, or value of the personal property claimed by either the plaintiff or the defendant, exclusive of interest and costs, does not exceed seven thousand five hundred dollars, including such civil penalties as may be provided by law. By way of further example, and not limitation, the small claims court has jurisdiction to hear and determine actions in tort and assess damages in tort actions not to exceed seven thousand five hundred dollars.

(b) The small claims court division also has concurrent original jurisdiction with the county and district courts in actions where a party seeks:

(I) To enforce rights and responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3), in relation to disputes arising from assessments, fines, or fees owed to the unit owners' association and for which the amount at issue does not exceed seven thousand five hundred dollars, exclusive of interest and costs.

(II) To enforce a restrictive covenant on residential property and the amount required to comply with the covenant does not exceed seven thousand five hundred dollars, exclusive of interest and costs;

(III) Replevin if the value of the property sought does not exceed seven thousand five hundred dollars; and

(IV) To enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract and the amount at issue does not exceed seven thousand five hundred dollars.

(2) The small claims court has only that jurisdiction specifically conferred upon it by law, as provided in subsection (1) of this section. In particular, it does not have jurisdiction over the following matters:

(a) Those matters excluded from county court jurisdiction under section 13-6-105 (1);

(b) Actions involving claims of defamation by libel or slander;

(c) Actions of forcible entry, forcible detainer, or unlawful detainer;

(d) and (e) (Deleted by amendment, L. 2001, p. 1512, § 2, effective September 1, 2001.)

(f) Actions brought or defended on behalf of a class;

(g) Actions requesting or involving prejudgment remedies;

(h) Actions involving injunctive relief, except as required to:

(I) Enforce rights or responsibilities arising under the declaration, bylaws, covenants, or other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3), and including actions seeking declaratory relief;

(II) Enforce restrictive covenants on residential property;

(III) Enforce the provisions of section 6-1-702.5;

(IV) Accomplish replevin; and

(V) Enter judgments in actions where a party seeks to enforce a contract by specific performance or to disaffirm, avoid, or rescind a contract;

(i) Traffic violations and other criminal matters; or

(j) Awards of body executions.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 81: (1) amended, p. 879, § 2, effective July 1. L. 87: (1) amended, p. 544, § 1, effective July 1. L. 88: (1), (2)(e), and (2)(h) amended, p. 601, § 2, effective July 1. L. 90: (1) amended, p. 849, § 4, effective May 31; (1) amended, p. 855, § 4, effective July 1. L. 95: (1) amended, p. 728, § 1, effective January 1, 1996. L. 2000: (2)(h) amended, p. 2034, § 3, effective August 2. L. 2001: Entire section amended, p. 1512, § 2, effective September 1. L. 2008: (2)(h)(II) amended, p. 596, § 5, effective August 5. L. 2022: (1), IP(2), and (2)(h) amended, (HB 22-1137), ch. 367, p. 2618, § 6, effective August 10.

Cross references: For the legislative declaration contained in the 1990 act amending subsection (1), see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-404. Clerk of the small claims court. The clerk of the county court or a deputy designated by said clerk shall act as the clerk of the small claims court. The clerk of the small claims court shall provide such assistance as may be requested by any person regarding the jurisdiction, operations, and procedures of the small claims court; however, the clerk shall not engage in the practice of law. All necessary forms shall be available from the clerk.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1.

13-6-405. Magistrate in small claims court. (1) In the following circumstances, a magistrate may hear and decide claims in a small claims court:

(a) In Class A counties, as defined in section 13-6-201, magistrates for small claims may be appointed by the presiding judge.

(b) In Class B counties, as defined in section 13-6-201, magistrates for small claims may be appointed, pursuant to section 13-3-105, if approved by the chief justice.

(2) A magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado or a nonattorney if the nonattorney is serving as a county judge pursuant to section 13-6-203.

(3) While acting as a magistrate for small claims, a magistrate shall have the same powers as a judge.

(3.5) A magistrate shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.

(4) If any party files a timely written objection, pursuant to rule of the supreme court, with the magistrate conducting the hearing, that party's case shall be rereferred to a judge.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 84: (2) amended, p. 459, § 1, effective April 5. L. 89: (3.5) added, p. 782, § 4, effective April 4. L. 91: Entire section amended, p. 356, § 10, effective April 9. L. 2001: (2) and (4) amended, p. 1513, § 3, effective September 1.

Cross references: For magistrates in county courts, see part 5 of this article; for magistrates in district courts, see § 13-5-201.

13-6-406. Schedule of hearings. The small claims court shall conduct hearings at such times as the judge or magistrate may determine or as the supreme court may order.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 91: Entire section amended, p. 356, § 11, effective April 9.

13-6-407. Parties - representation. (1) Any natural person, corporation, partnership, association, or other organization may commence or defend an action in the small claims court, but no assignee or other person not a real party to the transaction which is the subject of the action may commence an action therein, except as a court-appointed personal representative, conservator, or guardian of the real party in interest.

(2) (a) (I) Notwithstanding the provisions of article 93 of this title 13, in the small claims court, an individual shall represent himself or herself; a partnership shall be represented by an active general partner or an authorized full-time employee; a union shall be represented by an authorized active union member or full-time employee; a for-profit corporation shall be represented by one of its full-time officers or full-time employees; an association shall be represented by one of its active members or by a full-time employee of the association; and any other kind of organization or entity shall be represented by one of its active members or full-time employees or, in the case of a nonprofit corporation, a duly elected nonattorney officer or an employee.

(II) It is the intent of this section that no attorney, except pro se or as an authorized full-time employee or active general partner of a partnership, an authorized active member or full-time employee of a union, a full-time officer or full-time employee of a for-profit corporation, or a full-time employee or active member of an association, which partnership, union, corporation, or association is a party, shall appear or take any part in the filing or prosecution or defense of any matter in the small claims court, except as permitted by supreme court rule.

(b) In actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, a property manager who has received security deposits, rents, or both, or who has signed a lease agreement on behalf of the owner of the real property that is the subject of the small claims action, shall be permitted to represent the owner of the property in such action.

(3) In any action to which the federal Soldiers' and Sailors' Civil Relief Act of 1940, as amended, 50 App. U.S.C. sec. 521, is applicable, the court may enter a default against a defendant who is in the military without entering judgment, and the court shall appoint an attorney to represent the interests of the defendant prior to the entry of judgment against the defendant.

(4) If an attorney appears, as permitted in subsection (2) or (3) of this section, the other party or parties in the case may be represented by counsel, if such party or parties so choose.

(5) Nothing contained in this section is intended to limit or otherwise interfere with a party's right to assign, or to employ counsel to pursue that party's rights and remedies subsequent to the entry of judgment by a small claims court.

(6) Any small claims court action in which an attorney appears shall be processed and tried pursuant to the statutes and court rules governing small claims court actions.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 88: (2) amended, pp. 602, 1438, §§ 3, 43, effective July 1. L. 2001: Entire section amended, p. 1514, § 4, effective September 1. L. 2007: (3) amended, p. 2024, § 23, effective June 1. L. 2017: (2)(a)(I) amended, (SB 17-227), ch. 192, p. 704, § 5, effective August 9.

Cross references: For representation of closely held corporations before courts or administrative agencies, see § 13-1-127.

13-6-408. Counterclaims exceeding jurisdiction of small claims court - procedures - sanctions for improper assertion. Counterclaims exceeding the jurisdiction of the small claims court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule of the supreme court. If a county or district court determines that a plaintiff who originally filed a claim in the small claims court is entitled to judgment and also that a counterclaim against the same plaintiff in the small claims action was filed solely to defeat the jurisdiction of the small claims court and was without merit, the county or district court may also award the plaintiff costs, including reasonable attorney fees, incurred in prosecuting the action in the county or district court.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 87: Entire section amended, p. 1576, § 14, effective July 10. L. 2001: Entire section amended, p. 1515, § 5, effective September 1.

13-6-409. Trial procedure. The judge or magistrate shall conduct the trial in such manner as to do justice between the parties and shall not be bound by formal rules or statutes of procedure or pleading or the technical rules of evidence, except for rules promulgated by the supreme court controlling the conduct of proceedings in the small claims court.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 77: Entire section amended, p. 789, § 2, effective June 19. L. 91: Entire section amended, p. 356, § 12, effective April 9.

13-6-410. Appeal of a claim. A record shall be made of all small claims court proceedings, and either the plaintiff or the defendant may appeal pursuant to county court rules. Upon appeal, all provisions of law and rules concerning appeals from the county court shall apply, including right to counsel. A tape recording of the trial proceedings shall satisfy any requirements of a transcript for appeal, upon the payment of a nominal fee by the appellant.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 93: Entire section amended, p. 1775, § 32, effective June 6. L. 2001: Entire section amended, p. 1515, § 6, effective September 1.

13-6-411. Limitation on number of claims filed. (1) No plaintiff may file more than two claims per month, eighteen claims per year, in the small claims court of any county. Each claim filed in any small claims court shall contain a certification by the plaintiff that the plaintiff has not filed any more than two claims during that month and eighteen claims in that year in the small claims court of that county.

(2) The limitation imposed by subsection (1) of this section shall not apply to a state-supported institution of higher education which files claims to recover loans or other outstanding obligations due to such institution; except that no such state-supported institution of higher education shall file more than a total of thirty such claims per month in all small claims courts in Colorado.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 81: Entire section amended, p. 880, § 3, effective July 1. L. 83: Entire section amended, p. 792, § 1, effective June 3. L. 87: (1) amended, p. 544, § 2, effective July 1. L. 92: Entire section amended, p. 289, § 1, effective July 1. L. 2001: (1) amended, p. 1515, § 7, effective September 1.

13-6-411.5. Place of trial. (1) Except as provided in subsection (2) of this section, all actions in the small claims court shall be brought in the county in which any defendant at the time of filing of the claim resides, is regularly employed, is a student at an institution of higher education, or has an office for the transaction of business.

(2) Actions to enforce restrictive covenants and actions arising under part 1 of article 12 of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a security deposit or for damage to property arising from a landlord-tenant relationship, may be brought in the county in which the defendant's property that is the subject of the action is situated.

(3) If a defendant appears and defends a small claims action on the merits at trial, such defendant shall be deemed to have waived any objection to the place of trial permitted under this section.

Source: L. 90: Entire section added, p. 850, § 5, effective May 31. L. 2001: Entire section amended, p. 1515, § 8, effective September 1.

Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-412. Notice to public. The clerk of the small claims court shall publicize in an appropriate manner the existence of the small claims court, its procedures, and its hours of operation. Such publication shall be made so as to bring the court's existence to the attention of the entire community. The state court administrator shall publish a small claims court handbook outlining the procedures of the court in layman's language.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

13-6-413. Supreme court shall promulgate rules. The supreme court shall implement this part 4 by appropriate rules of procedure for the small claims court.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

13-6-414. No jury trial. There shall be no right to a trial by jury in the small claims court.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

13-6-415. Service of process. Every defendant shall be notified that an action has been filed against that defendant in the small claims court either by certified mail, return receipt requested, or by personal service of process, as provided by the rules of procedure for the small claims court. The clerk of the small claims court shall collect, in advance, the fee provided for in section 13-32-104 (1)(i) for each service of process attempted by certified mail.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 90: Entire section amended, p. 850, § 7, effective May 31. L. 2001: Entire section amended, p. 1516, § 9, effective September 1.

Cross references: For the legislative declaration contained in the 1990 act amending this section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-416. Facilities. No county shall be required to furnish new facilities pursuant to this part 4.

Source: L. 76: Entire part added, p. 520, § 3, effective October 1.

13-6-417. Execution and proceedings subsequent to judgment. Execution and proceedings subsequent to judgment entered in the small claims division may be processed in the small claims division and shall be the same as in a civil action in the county court as provided by law.

Source: L. 90: Entire section added, p. 850, § 5, effective May 31.

Cross references: For the legislative declaration contained in the 1990 act enacting this section, see section 1 of chapter 100, Session Laws of Colorado 1990.

PART 5

MAGISTRATE ADJUDICATION SYSTEM

Cross references: For magistrates in the small claims division of county courts, see § 13-6-405; for magistrates in district courts, see § 13-5-201.

13-6-501. County court magistrates - qualifications - duties. (1) In Class A counties, as defined in section 13-6-201, county court magistrates may be appointed by the presiding judge.

(2) In Class B counties, as defined in section 13-6-201, county court magistrates may be appointed pursuant to section 13-3-105, if approved by the chief justice.

(3) Any county court magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado and in good standing; except that a county court magistrate who hears only class A and class B traffic infraction matters need not be an attorney-at-law and except that any duly appointed county judge may act as a traffic magistrate regardless of whether he is an attorney-at-law.

(4) Subject to the provision that no magistrate may preside in any trial by jury, county court magistrates have power to hear the following matters:

(a) Class 2 misdemeanor traffic offenses and class A and class B traffic infractions, as defined in section 42-4-1701, C.R.S.;

(a.5) Civil infractions, as described in section 16-2.3-101;

(b) Such other matters as determined by rule of the supreme court.

(4.5) County court magistrates shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.

(4.7) County court magistrates shall have the power to preside over matters specified in section 13-17.5-105.

(5) Except in class A and class B traffic infraction matters and civil infraction matters, before a county court magistrate may hear any matter, all parties shall have waived, on the record, their right to proceed before a county judge. If any party fails to waive such right, or objects to the magistrate, that party's case must be rereferred to a county judge.

(6) Magistrates, when handling county court matters, class A and class B traffic infraction matters, and civil infraction matters, and where the parties to such proceedings, other than traffic infraction matters, have waived their right to proceed before a county judge, have all the jurisdiction and power of a county judge, and their orders and judgments are those of the county court.

(7) Procedure in matters heard by a county court magistrate shall be determined by statute and by rules promulgated by the supreme court and by local rules.

(8) The duties, qualifications, compensation, conditions of employment, and other administrative details concerning magistrates who hear traffic infraction matters and civil infraction matters not set forth in this part 5 are established pursuant to section 13-3-105.

(9) The supreme court shall adopt such rules and regulations as it deems necessary or proper to carry out the provisions of this part 5 relating to traffic infraction matters and civil infraction matters, including, but not limited to, procedural matters.

(10) Existing space provided by a county, including already existing courtroom and administrative space, shall be used to the maximum extent possible for hearings on traffic infraction matters.

(11) Before any county court magistrate is appointed pursuant to the provisions of this part 5, the judicial department shall consult with the board of county commissioners of the affected county or counties regarding any additional space or facilities that may be required. All feasible alternatives shall be considered and the least costly alternative shall be accepted by the department whenever practicable.

Source: L. 77: Entire part added, p. 791, § 1, effective January 1, 1978. L. 82: (3), (4)(a), (5), and (6) amended and (8) to (11) added, p. 653, § 1, effective January 1, 1983. L. 83: (3) amended, p. 602, § 2, effective July 1. L. 87: (4)(a) amended, p. 1495, § 1, effective July 1. L. 89: (4.5) added, p. 782, § 5, effective April 4. L. 91: Entire section amended, p. 357, § 13, effective April 9. L. 94: (4)(a) amended, p. 2549, § 31, effective January 1, 1995. L. 95: (4.7) added, p. 480, § 3, effective July 1. L. 2022: IP(4), (5), (6), (8) and (9) amended and (4)(a.5) added, (HB 22-1229), ch. 68, p. 339, § 4, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsections IP(4), (5), (6), (8), and (9) and adding subsection (4)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

13-6-502. Jury trials. Notwithstanding section 16-10-109 or any other provision of law, the right to a jury trial is not available at a hearing before a magistrate when the cited person is charged with a class A or a class B traffic infraction or civil infraction.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 93: Entire section amended, p. 1775, § 33, effective June 6. L. 2022: Entire section amended, (HB 22-1229), ch. 68, p. 340, § 5, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

13-6-503. Evidence offered by officer. At any hearing on a class A or class B traffic infraction or civil infraction, the officer who issued the citation or penalty assessment notice shall offer evidence of the facts concerning the alleged infraction either in person or by affidavit, as such affidavit may be established by rules adopted by the supreme court pursuant to section 13-6-501 (9). If the officer appears personally, the magistrate and the cited person may then examine the officer. The cited party has the right to call the officer by subpoena as in the case of other civil matters.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: Entire section amended, p. 358, § 14, effective April 9. L. 2022: Entire section amended, (HB 22-1229), ch. 68, p. 340, § 6, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending this section is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

13-6-504. Appeals procedure. (1) Any appeal, either by the state or the cited person, from a judgment entered pursuant to this part 5 shall be processed as an appeal from the county court.

(2) The district attorney or deputy district attorney shall represent the state on the appeal.

(3) The state may appeal only a ruling by a magistrate that declares a state statute unconstitutional or unenforceable. Whether or not to appeal shall be in the discretion of the district attorney.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: (3) amended, p. 358, § 15, effective April 9.

ARTICLE 7

Superior Courts

13-7-101 to 13-7-112. (Repealed)

Source: L. 85: Entire article repealed, p. 572, § 12, effective November 14, 1986.

Editor's note: This article was numbered as article 10 of chapter 37, C.R.S. 1963. For amendments to this article prior to its repeal in 1986, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 8

Juvenile Court of Denver

13-8-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established the juvenile court of the city and county of Denver.

Source: L. 64: p. 437, § 1. C.R.S. 1963: § 37-19-1.

13-8-102. Court of record - powers. The juvenile court shall be a court of record with such powers as are inherent in constitutionally created courts and with such legal and equitable powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are possessed by the district courts.

Source: L. 64: p. 437, § 2. C.R.S. 1963: § 37-19-2.

13-8-103. Jurisdiction. The jurisdiction of the juvenile court of the city and county of Denver is as set forth in sections 19-1-104, 19-2.5-103, and 19-4-109 for juvenile courts, as defined in section 19-1-103.

Source: L. 64: p. 437, § 3. C.R.S. 1963: § 37-19-3. L. 67: p. 1051, § 7. L. 78: (1)(h) amended, p. 262, § 44, effective May 23; (1)(b) amended, p. 367, § 13, effective July 1, 1979. L. 84: (2) amended, p. 560, § 8, effective April 5. L. 85: (1)(d)(I) amended, p. 688, § 7, effective March 1; entire section R&RE, p. 690, § 1, effective July 1. L. 87: Entire section amended, p. 813, § 6, effective October 1. L. 96: Entire section amended, p. 1688, § 14, effective January 1, 1997. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 709, § 8, effective October 1.

13-8-104. Number of judges. There shall be three judges of the juvenile court of the city and county of Denver.

Source: L. 64: p. 438, § 4. C.R.S. 1963: § 37-19-4. L. 73: p. 496, § 1.

13-8-105. Qualifications of judges. A judge of the juvenile court shall be a qualified elector of the city and county of Denver at the time of his election or selection and shall have been licensed to practice law in the state of Colorado for five years at such time. He shall be a resident of the city and county of Denver during his term of office.

Source: L. 64: p. 438, § 5. C.R.S. 1963: § 37-19-5.

13-8-106. Activities of judge. A judge of the juvenile court shall devote his full time to judicial duties and shall not engage in the private practice of law while serving in office.

Source: L. 64: p. 438, § 6. C.R.S. 1963: § 37-19-6.

13-8-107. Term of office. The term of office of a judge of the juvenile court of the city and county of Denver shall be six years.

Source: L. 64: p. 439, § 8. C.R.S. 1963: § 37-19-8. L. 67: p.459, § 16. L. 73: p. 496, § 2.

13-8-108. Vacancies. If the office of juvenile court judge becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20 of article VI of the state constitution.

Source: L. 64: p. 439, § 9. C.R.S. 1963: § 37-19-9. L. 67: p. 459, § 17.

13-8-109. Magistrates. The judges of the juvenile court of the city and county of Denver may appoint magistrates, as provided in section 19-1-108, C.R.S.

Source: L. 64: p. 440, § 11. C.R.S. 1963: § 37-19-11. L. 67: p. 1052, § 8. L. 79: Entire section amended, p. 764, § 14, effective July 1. L. 87: Entire section amended, p. 813, § 7, effective October 1. L. 95: Entire section amended, p. 1109, § 60, effective May 31.

13-8-110. Clerk. (1) The judges of the juvenile court shall appoint a clerk of the juvenile court pursuant to the provisions of section 13-3-105.

(2) Repealed.

(3) The powers and duties of the clerk of the juvenile court shall be similar to the powers and duties of the clerk of the district court. The duties of the clerk of the juvenile court shall also include such matters as may be assigned to him by law, by court rules, and by the juvenile judges.

Source: L. 64: p. 440, § 12. C.R.S. 1963: § 37-19-12. L. 69: p. 252, § 20. L. 79: (2) amended, p. 602, § 30, effective July 1; (2) repealed, p. 602, § 30, effective July 1.

13-8-111. Other employees. The judges of the juvenile court shall also appoint, pursuant to the provisions of section 13-3-105, probation officers and such other employees as may be necessary to carry out the functions and duties of the juvenile court, including the clerk's office thereof.

Source: L. 64: p. 441, § 13. C.R.S. 1963: § 37-19-13. L. 69: p. 252, § 21. L. 79: Entire section amended, p. 600, § 20, effective July 1.

13-8-112. Judges may sit en banc - presiding judge. The judges of the juvenile court may sit en banc for the purpose of making rules of court, the appointment of a clerk and other employees pursuant to section 13-3-105, and the conduct of other business relating to the administration of the court, including the selection of a presiding judge, as authorized by and subject to the approval of the chief justice of the supreme court.

Source: L. 64: p. 441, § 14. C.R.S. 1963: § 37-19-14. L. 67: p. 460, § 19. L. 69: p. 253, § 22.

13-8-113. Judges to sit separately. In the juvenile court, each of the judges shall sit separately for the trial of cases and the transaction of judicial business, and each of the courts so held shall be known as the juvenile court. Each judge shall have all of the powers which he might have if he were the sole judge of the court, including the power to vacate his own judgments, decrees, or orders, or those of a predecessor when permitted by law, but not juvenile court orders of another judge of the juvenile court who is still in office.

Source: L. 64: p. 441, § 15. C.R.S. 1963: § 37-19-15.

13-8-114. Practice and procedure. Practice and procedure in the juvenile court shall be conducted in accordance with the provisions of this article and title 19, C.R.S.

Source: L. 64: p. 441, § 16. C.R.S. 1963: § 37-19-16. L. 67: p. 1052, § 9.

13-8-115. Rules of court. The juvenile court has the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state but are supplementary thereto. Juvenile court rules are subject to review by the supreme court.

Source: L. 64: p. 442, § 17. C.R.S. 1963: § 37-19-17.

13-8-116. Terms. Terms of the juvenile court shall be fixed by rule of court; but at least one term shall be held each year.

Source: L. 64: p. 442, § 18. C.R.S. 1963: § 37-19-18.

13-8-117. Seal. The juvenile court shall have a seal, bearing upon the face thereof the words The Juvenile Court of the City and County of Denver, Colorado.

Source: L. 64: p. 442, § 19. C.R.S. 1963: § 37-19-19.

13-8-118. Process. The juvenile court has the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure in civil cases, or the Colorado rules of criminal procedure in criminal cases, may be served outside of the state. Any sheriff to whom process is directed is authorized and required to execute the same and shall be entitled to the same fees as are allowed by law for serving like process from the district court. Persons other than the sheriff or his deputies also may serve process from the juvenile court when permitted by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure in civil cases or the Colorado rules of criminal procedure in criminal cases.

Source: L. 64: p. 442, § 20. C.R.S. 1963: § 37-19-20.

13-8-119. Venue. Venue in the juvenile court is described in sections 19-2.5-104, 19-3-201, 19-4-109, 19-5-102, 19-5-204, and 19-6-102.

Source: L. 64: p. 442, § 21. C.R.S. 1963: § 37-19-21. L. 67: p. 1053, § 10. L. 87: Entire section amended, p. 813, § 8, effective October 1. L. 96: Entire section amended, p. 1688, § 15, effective January 1, 1997. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 709, § 9, effective October 1.

13-8-120. Sheriff to attend. It is the duty of the sheriff of the city and county of Denver to attend in the juvenile court.

Source: L. 64: p. 442, § 22. C.R.S. 1963: § 37-19-22.

13-8-121. Appearance by district attorney and city attorney. Upon the request of the court, the district attorney shall represent the state in the interest of the child in any proceedings brought under section 19-1-104 (1)(a), C.R.S., and the city attorney shall represent the state in the interest of the child in any other proceedings.

Source: L. 64: p. 442, § 23. C.R.S. 1963: § 37-19-23. L. 67: p. 1053, § 11.

13-8-122. Juries. When required, juries may be selected and summoned as provided for courts of record in articles 71 to 74 of this title. With the permission of the district court, the juvenile court may use the panel of jurors summoned for the district court of the second judicial district.

Source: L. 64: p. 442, § 24. C.R.S. 1963: § 37-19-24. L. 2001: Entire section amended, p. 1270, § 16, effective June 5.

13-8-123. Judgments. The judgments of the juvenile court shall be enforceable in the same manner as judgments of the district court and, when appropriate, may be made liens upon real estate or other property in the manner provided by law for judgments of the district court.

Source: L. 64: p. 443, § 25. C.R.S. 1963: § 37-19-25.

Cross references: For procedures for attachment and duration of a judgment lien, see § 13-52-102.

13-8-124. Appellate review. Appellate review of any order, decree, or judgment may be taken to the supreme court or the court of appeals, as provided by law and the Colorado appellate rules. Initials shall appear on the record on appeal in place of the name of the child. Appeals from orders or decrees concerning legal custody, the allocation of parental responsibilities, termination of parent-child legal relationships, and adoptions shall be advanced upon the calendar of the supreme court or of the court of appeals and shall be decided at the earliest practicable time.

Source: L. 64: p. 443, § 26. C.R.S. 1963: § 37-19-26. L. 67: p.1053, § 12. L. 69: p. 270, § 9. L. 77: Entire section amended, p. 1029, § 2, effective July 1. L. 87: Entire section amended, p. 813, § 9, effective October 1. L. 98: Entire section amended, p. 1392, § 25, effective February 1, 1999.

13-8-125. Fees. The fees charged by the juvenile court and the clerk thereof shall be those provided in article 32 of this title.

Source: L. 64: p. 443, § 27. C.R.S. 1963: § 37-19-27.

13-8-126. Supervision by supreme court. The supervisory powers of the supreme court established by article 3 of this title shall extend to the juvenile court.

Source: L. 64: p. 444, § 30. C.R.S. 1963: § 37-19-30.

ARTICLE 9

Probate Court of Denver

Cross references: For the Colorado rules of probate procedure, see chapter 27 of the Colorado court rules.

13-9-101. Establishment. Pursuant to the provisions of section 1 of article VI of the Colorado constitution, there is hereby established the probate court of the city and county of Denver.

Source: L. 64: p. 445, § 1. C.R.S. 1963: § 37-20-1.

13-9-102. Court of record - powers. The probate court shall be a court of record with such powers as are inherent in constitutionally created courts and with such legal and equitable powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are possessed by the district courts.

Source: L. 64: p. 445, § 2. C.R.S. 1963: § 37-20-2.

13-9-103. Jurisdiction. (1) The probate court of the city and county of Denver has original and exclusive jurisdiction in said city and county of:

(a) The administration, settlement, and distribution of estates of decedents, wards, and absentees;

(b) Property vested in any person under a legal disability but paid to or held by another for such person's use or benefit as authorized by court order or as authorized by a power contained in a will or trust instrument;

(c) Property vested in any minor pursuant to the Colorado Uniform Transfers to Minors Act, or any predecessor act thereto, or any act having a substantially similar legal effect;

(d) The probate of wills;

(e) The granting of letters testamentary, of administration, of guardianship, and of conservatorship;

(f) The administration of guardianships of minors and of persons declared mentally incompetent and of conservatorships of persons with mental health disorders or persons with an intellectual and developmental disability and of absentees;

(g) Proceedings under article 23 of title 17 and articles 10 to 15 of title 27, C.R.S.;

(h) The determination of heirship in probate proceedings and the devolution of title to property in probate proceedings;

(i) Actions on the official bonds of fiduciaries appointed by it;

(j) The construction of wills;

(k) The administration of testamentary trusts, except as provided in subsection (2) of this section; and

(l) All other probate matters.

(2) If a testamentary trust is established by the will of the decedent and if it appears that it was not the intention of the testator that the court should continue the administration of the estate after the payment in full of all debts and legacies except the trust property, the court shall proceed to final settlement of such estate as in other cases, order the trust fund or property to be turned over to the trustee as such, and shall not require the filing of inventories and accounts, or supervise the administration of the trust; except that any party in interest of such trust, including the trustee thereof, may invoke the jurisdiction of the probate court with respect to any matters pertaining to the administration or distribution of such trust or to construe the will under which it was established.

(3) The court has jurisdiction to determine every legal and equitable question arising in connection with decedents', wards', and absentees' estates, so far as the question concerns any person who is before the court by reason of any asserted right in any of the property of the estate or by reason of any asserted obligation to the estate, including, without limiting the generality of the foregoing, the jurisdiction:

(a) To give full and complete legal and equitable relief in any case in which it is alleged that the decedent breached an agreement to make or not to make a will;

(b) In any case in which a district court could grant such relief in a separate action brought therein, to impose or raise a trust with respect to any of the property of the decedent or any property in the name of the decedent, individually or in any other capacity, in any case in which the demand for such relief arises in connection with the administration of the estate of a decedent;

(c) To partition any of the real or personal property of any estate in connection with the settlement thereof.

(4) Nothing in this article shall prevent any district court sitting in law or equity from construing a will which is not before the probate court or from determining questions arising in connection with trusts which are not under the jurisdiction of the probate court.

(5) The court has jurisdiction to determine every legal and equitable question arising out of or in connection with express trusts.

(6) The provisions of articles 10 to 20 of title 15, article 23 of title 17, and articles 10 to 15 of title 27, C.R.S., shall govern the issuance and service and proof of service of any process, notice, citation, writ, or order of court and shall govern all other proceedings had pursuant to the powers of the court recited in subsections (1) and (2) of this section. The Colorado rules of civil procedure shall govern such matters when the proceedings are had pursuant to the powers granted to the court under any of the other provisions of this section.

(7) With respect to any trust established by or for an individual with his or her assets, income, or property of any kind, notwithstanding any statutory provision to the contrary, the court shall not authorize, direct, or ratify any trust that either has the effect of qualifying or purports to qualify the trust beneficiary for federal supplemental security income, or public or medical assistance pursuant to title 26, C.R.S., unless the trust meets the criteria set forth in sections 15-14-412.6 to 15-14-412.9, C.R.S., and any rule adopted by the medical services board pursuant to section 25.5-6-103, C.R.S.

Source: L. 64: p. 445, § 3. L. 65: pp. 483, 484, §§ 1, 2. C.R.S. 1963: § 37-20-3. L. 67: p. 103, § 1. L. 79: (1)(g) and (6) amended, p. 1634, § 22, effective July 19. L. 84: (1)(c) amended, p. 394, § 4, effective July 1. L. 94: (7) added, p. 1604, § 13, effective July 1. L. 2000: (7) amended, p. 1832, § 3, effective January 1, 2001. L. 2006: (7) amended, p. 2001, § 46, effective July 1; (1)(f) amended, p. 1395, § 35, effective August 7. L. 2017: (1)(f) amended, (HB 17-1046), ch. 50, p. 156, § 3, effective March 16; (1)(f) amended, (SB 17-242), ch. 263, p. 1292, § 106, effective May 25.

Cross references: (1) For the Colorado Uniform Transfers to Minors Act, see article 50 of title 11.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

13-9-104. Number of judges. There shall be one judge of the probate court of the city and county of Denver.

Source: L. 64: p. 446, § 4. C.R.S. 1963: § 37-20-4.

13-9-105. Qualifications of judges. A judge of the probate court shall be a qualified elector of the city and county of Denver at the time of his selection and shall have been licensed to practice law in the state of Colorado for five years at such time. He shall be a resident of the city and county of Denver during his term of office. He shall not engage in the private practice of law while serving in office.

Source: L. 64: p. 446, § 5. C.R.S. 1963: § 37-20-5.

13-9-106. Compensation of judges. A probate judge shall receive an annual salary as provided by law.

Source: L. 64: p. 446, § 6. C.R.S. 1963: § 37-20-6.

Cross references: For salaries of probate judges, see § 13-30-103.

13-9-107. Appointment and term of office. (1) The term of office of a probate judge shall be six years.

(2) A probate judge shall be appointed for the probate court of the city and county of Denver in the same manner provided for the appointment of district judges.

Source: L. 64: p. 446, § 7. C.R.S. 1963: § 37-20-7. L. 67: p. 460, § 20.

13-9-108. Vacancies. If the office of probate court judge becomes vacant because of death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20 of article VI of the state constitution.

Source: L. 64: p. 446, § 8. C.R.S. 1963: § 37-20-8. L. 67: p. 460, § 21.

13-9-109. Clerk. (1) The judge of the probate court shall appoint a clerk of the probate court pursuant to section 13-3-105.

(2) Repealed.

(3) The powers and duties of the clerk of the probate court shall be similar to the powers and duties of the clerk of the district court including such powers as may be delegated to the clerk of the district court in probate matters. The duties of the clerk of the probate court shall also include such matters as may be assigned to him by law, by court rules, and by the probate judge.

Source: L. 64: p. 448, § 10. C.R.S. 1963: § 37-20-10. L. 69: p. 253, § 25. L. 79: (2) amended, p. 424, § 15, effective July 1; (2) repealed, p. 602, § 30, effective July 1.

13-9-110. Other employees. The judge of the probate court shall appoint pursuant to section 13-3-105 such deputy clerks, assistants, reporters, stenographers, and bailiffs as may be necessary for the transaction of the business of the court.

Source: L. 64: p. 448, § 11. C.R.S. 1963: § 37-20-11. L. 69: p. 253, § 26.

13-9-111. Practice and procedure. Practice and procedure in the probate court shall be conducted in accordance with laws providing special proceedings for matters within its jurisdiction and with the Colorado rules of civil procedure.

Source: L. 64: p. 448, § 12. C.R.S. 1963: § 37-20-12.

13-9-112. Rules of court. The probate court has the power to make rules for the conduct of its business to the extent that such rules are not in conflict with the rules of the supreme court or the laws of the state but are supplementary thereto. Probate court rules are subject to review by the supreme court.

Source: L. 64: p. 448, § 13. C.R.S. 1963: § 37-20-13.

13-9-113. Terms. Terms of the probate court shall be fixed by rule of court, but at least one term shall be held each year.

Source: L. 64: p. 448, § 14. C.R.S. 1963: § 37-20-14.

13-9-114. Seal. The probate court shall have a seal, bearing upon the face thereof the words: The Probate Court of the City and County of Denver, Colorado.

Source: L. 64: p. 448, § 15. C.R.S. 1963: § 37-20-15.

13-9-115. Process. The probate court has the power to issue process necessary to acquire jurisdiction, to require attendance, and to enforce all its orders, decrees, and judgments. Such process runs to any county within the state and, when authorized by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure, may be served outside the state. Any sheriff to whom process is directed is authorized and required to execute the same and shall be entitled to the same fees as are allowed by law for serving like process from the district court. Persons other than the sheriff or his deputies also may serve process from the probate court when permitted by law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure.

Source: L. 64: p. 448, § 16. C.R.S. 1963: § 37-20-16.

Cross references: For procedures and persons authorized to serve process of the district court, see C.R.C.P. 4.

13-9-116. Venue. Venue in the probate court shall be determined as provided in articles 10 to 20 of title 15, C.R.S., or by other applicable statutes prescribing special proceedings or, in the absence thereof, by the Colorado rules of civil procedure.

Source: L. 64: p. 449, § 17. C.R.S. 1963: § 37-20-17.

13-9-117. Juries. When required, juries may be selected and summoned as provided for courts of record in articles 71 to 74 of this title. With the permission of the district court, the probate court may use the panel of jurors summoned for the district court of the second judicial district.

Source: L. 64: p. 449, § 18. C.R.S. 1963: § 37-20-18. L. 2001: Entire section amended, p. 1270, § 17, effective June 5.

13-9-118. Judgments. The judgments of the probate court shall be enforceable in the same manner as judgments of the district court and may be made liens upon real estate or other property in the manner provided by law for judgments of the district court.

Source: L. 64: p. 449, § 19. C.R.S. 1963: § 37-20-19.

Cross references: For procedures for attachment and duration of a judgment lien, see § 13-52-102.

13-9-119. Appeals. Appellate review of final judgments of the probate court shall be by the supreme court or by the court of appeals, as provided by law, and shall be conducted in the same manner as prescribed by the Colorado appellate rules for review by the court of appeals and the supreme court of final judgments of the district courts.

Source: L. 64: p. 449, § 20. C.R.S. 1963: § 37-20-20. L. 69: p. 270, § 10.

13-9-120. Fees. The fees charged by the probate court and the clerk thereof shall be those provided in article 32 of this title.

Source: L. 64: p. 449, § 21. C.R.S. 1963: § 37-20-21.

13-9-121. Funds. Funds for the operation of the probate court, including the salaries of the employees thereof, shall be provided in the same manner as funds are provided for the establishment and operation of the district courts for the second judicial district.

Source: L. 64: p. 449, § 22. C.R.S. 1963: § 37-20-22. L. 69: p. 254, § 27.

13-9-122. Supervision by supreme court. The supervisory powers of the supreme court established by article 3 of this title extend to the probate court.

Source: L. 64: p. 450, § 23. C.R.S. 1963: § 37-20-23.

13-9-123. National instant criminal background check system - reporting. (1) On and after March 20, 2013, the state court administrator shall send electronically the following information to the Colorado bureau of investigation created pursuant to section 24-33.5-401, referred to in this section as the bureau:

(a) The name of each person who has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(b) The name of each person who has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; and

(c) The name of each person with respect to whom the court has entered an order for involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person who satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a record made by the state court administrator in the national instant criminal background check system if:

(a) The person to whom the record pertains makes a written request to the state court administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in the national instant criminal background check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of certification, commitment, recertification, or recommitment expired, or the court entered an order terminating the person's incapacity or discharging the person from certification or commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on an order of certification or commitment to the custody of the behavioral health administration in the department of human services; except that the state court administrator shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment pursuant to section 27-81-112 (11), on the grounds that further treatment is not likely to bring about significant improvement in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or the court entered an order discharging the person from certification in the nature of habeas corpus pursuant to section 27-65-115, if the record in the national instant criminal background check system is based on a court order for involuntary certification for short-term treatment of a mental health disorder.

(4) Pursuant to section 102 (c) of the federal NICS Improvement Amendments Act of 2007 (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record reported by the state court administrator pursuant to subsection (1) of this section does not apply or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the federal or state government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database; and

(b) Notify the attorney general that such basis does not apply or no longer applies.

Source: L. 2002: Entire section added, p. 754, § 2, effective January 1, 2003. L. 2010: (1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 781, § 16, effective April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB 13-1229), ch. 47, p. 134, § 4, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended, (SB 17-242), ch. 263, p. 1252, § 7, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended, (SB 18-091), ch. 35, p. 383, § 10, effective August 8. L. 2020: (1)(b) amended, (SB 20-007), ch. 286, p. 1414, § 44, effective July 13; (3)(b)(II) and (3)(b)(III) amended, (SB 20-136), ch. 70, p. 282, § 4, effective September 14. L. 2022: (1)(b) and (3)(b)(II) amended, (HB 22-1278), ch. 222, p. 1491, § 11, effective July 1; (1)(c) and (3)(b)(III) amended, (HB 22-1256), ch. 451, p. 3225, § 17, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2489, § 9, effective July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

13-9-124. National instant criminal background check system - judicial process for awarding relief from federal prohibitions - legislative declaration. (1) Legislative declaration. The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec. 922 (d)(4) and (g)(4), as permitted by the federal NICS Improvement Amendments Act of 2007 (Pub.L. 110-180, sec. 105).

(2) Eligibility. A person may petition for relief pursuant to this section if:

(a) (I) He or she has been found to be incapacitated by order of the court pursuant to part 3 of article 14 of title 15, C.R.S.;

(II) The person has been committed by order of the court to the custody of the behavioral health administration in the department of human services pursuant to section 27-81-112; or

(III) The court has entered an order for the person's involuntary certification for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant to section 27-65-110; and

(b) He or she is a person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4).

(3) Due process. In a court proceeding pursuant to this section:

(a) The petitioner shall have an opportunity to submit his or her own evidence to the court concerning his or her petition;

(b) The court shall review the evidence; and

(c) The court shall create and thereafter maintain a record of the proceeding.

(4) Proper record. In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning, and shall consider:

(a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922 (g)(4);

(b) The petitioner's record, which must include, at a minimum, the petitioner's mental health records and criminal history records; and

(c) The petitioner's reputation, which the court shall develop, at a minimum, through character witness statements, testimony, or other character evidence.

(5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section, the court shall issue findings that:

(I) The petitioner is not likely to act in a manner that is dangerous to public safety; and

(II) Granting relief to the petitioner is not contrary to the public interest.

(b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the court of appeals to review the denial, including the record of the denying court.

(II) A review of a denial shall be de novo in that the court of appeals may, but is not required to, give deference to the decision of the denying court.

(III) In reviewing a denial, the court of appeals has discretion, but is not required, to receive additional evidence necessary to conduct an adequate review.

Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 135, § 5, effective March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 263, p. 1252, § 8, effective May 25. L. 2018: (2)(a)(III) amended, (SB 18-091), ch. 35, p. 384, § 11, effective August 8. L. 2020: (2)(a)(II) amended, (SB 20-007), ch. 286, p. 1414, § 45, effective July 13. L. 2022: (2)(a)(II) amended, (HB 22-1278), ch. 222, p. 1492, § 12, effective July 1; (2)(a)(III) amended, (HB 22-1256), ch. 451, p. 3226, § 18, effective August 10. L. 2023: (2)(a)(III) amended, (HB 23-1138), ch. 423, p. 2489, § 10, effective July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1 of chapter 35, Session Laws of Colorado 2018.

MUNICIPAL COURTS

ARTICLE 10

Municipal Courts

Law reviews: For article, Colorado's Municipal System, see 30 Colo. Law. 33 (Dec. 2001); for article, The Right to a Jury Trial in Petty Offense Cases, see 45 Colo. Law. 27 (Dec. 2016).

13-10-101. Legislative declaration. The general assembly finds that the right to a trial by jury for petty offenses, as defined in section 16-10-109, C.R.S., is of vital concern to all of the people of the state of Colorado and that the interests of the state as a whole are so great that the general assembly shall retain sole legislative jurisdiction over the matter, which is hereby declared to be of statewide concern.

Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-1. L. 70: p. 150, § 2. L. 72: p. 266, § 2. L. 82: Entire section amended, p. 654, § 3, effective January 1, 1983.

13-10-102. Definitions. As used in this article, unless the context otherwise requires:

(1) Municipal court includes police courts and police magistrate courts created or existing under previous laws or under a municipal charter and ordinances.

(2) Municipal judges includes police magistrates as defined and used in previous laws.

(3) Qualified municipal court of record means a municipal court established by, and operating in conformity with, either local charter or ordinances containing provisions requiring the keeping of a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means, and requiring as a qualification for the office of judge of such court that he has been admitted to, and is currently licensed in, the practice of law in Colorado.

Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-1. L. 70: p. 150, § 2. L. 72: p. 266, § 2.

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 failure to appear pursuant to section 13-10-127; the right to a trial by jury for petty offenses pursuant to section 16-10-109; relief from improperly entered guilty pleas pursuant to section 18-1-410.6; the prosecution of an alleged act of domestic violence, as defined in section 18-6-800.3; making a criminal court proceeding conducted in open court available for remote public viewing and listening in real time; 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.

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 21-271), ch. 462, p. 3208, § 338, effective March 1, 2022. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 709, § 10, effective October 1. L. 2022: Entire section amended, (SB 22-103), ch. 105, p. 489, § 2, effective April 18. L. 2023: Entire section amended, (HB 23-1182), ch. 426, p. 2507, § 3, effective September 1; Entire section amended, (HB 23-1222), ch. 267, p. 1585, § 1, effective January 1, 2024. L. 2025: Entire section amended, (SB 25-062), ch. 82, p. 341, § 1, effective April 17.

Editor's note: Amendments to this section by HB 23-1222 and HB 23-1182 were harmonized.

Cross references: For the legislative declaration in HB 23-1182, see section 1 of chapter 426, Session Laws of Colorado 2023.

13-10-104. Municipal court created - jurisdiction. The municipal governing body of each city or town shall create a municipal court to hear and try all alleged violations of ordinance provisions of such city or town.

Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-2.

13-10-104.5. Municipal court - municipal ordinance - act of domestic violence - report - repeal. (1) If a municipality has a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipality shall adopt an ordinance establishing:

(a) That victims, victims' families, and witnesses of a violation of an act of domestic violence receive protections and rights equivalent to those afforded to victims, victims' families, and witnesses pursuant to the Victim Rights Act, part 3 of article 4.1 of title 24, as it relates to an act of domestic violence, by establishing that:

(I) The law enforcement agency within the municipality is responsible for providing equivalent rights afforded to victims pursuant to section 24-4.1-303 (2), (5), (7), (9), (10), and (14.9);

(II) The city attorney within the municipality is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3), (3.5), (4), (5), (6), (7), (9), (11), (12), and (13);

(III) The municipal court is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (3.5), (6), (14.4), (14.5), and (14.7);

(IV) The municipal court probation office is responsible for providing the equivalent rights afforded to victims pursuant to section 24-4.1-303 (13.5); and

(V) The law enforcement agency within the municipality, the city attorney within the municipality, the municipal court, and the municipal court probation office are responsible for ensuring victims are afforded equivalent rights to those described in section 24-4.1-302.5.

(b) Sentencing for violations that are equivalent to the domestic violence sentences described in section 18-6-801 (1), (3), (4), (5), (6), and (8), to the extent consistent with the jurisdiction of the municipal court;

(c) Conditions of probation that the court may impose consistent with the conditions described in section 18-1.3-204 (2);

(d) Conditions of release on bond that are consistent with the conditions described in section 16-4-105 (4) and (4.1);

(e) Guidelines and standards that are consistent with the guidelines and standards adopted by the domestic violence offender management board pursuant to section 16-11.8-103 (4); and

(f) A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed make a reasonable effort to remain as the prosecuting attorney throughout the proceeding.

(2) In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, the municipal court shall:

(a) Issue a protection order that meets the minimum standards required pursuant to sections 18-1-1001 (3) and 18-1-1001 (5), to the extent consistent with the jurisdiction of the municipal court;

(b) Report or cause to be reported the alleged violation to the Colorado bureau of investigation created in section 24-33.5-401, and enter the information into the Colorado crime information center database and the national crime information center database; and

(c) Search the Colorado bureau of investigation created in section 24-33.5-401, the Colorado crime information center database, and the national crime information center system database to determine if the respondent has a history of domestic violence.

(3) Any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, as defined in section 18-6-800.3, is a misdemeanor for purposes of complying with 18 U.S.C. sec. 921.

(4) Any affected person may enforce compliance with this section by notifying the crime victim services advisory board created in section 24-4.1-117.3 (1) of any noncompliance with this section. The crime victim services advisory board shall review any report of noncompliance, and, if the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the board shall refer the report of noncompliance to the governor, who shall request that the attorney general file suit to enforce compliance with this section. A person, corporation, or other legal entity is not entitled to claim or to receive any damages or other financial redress for any failure to comply with this section.

(5) (a) Beginning January 2025 and each year until January 2029, the department of public safety shall report to the house of representatives judiciary committee and the senate judiciary committee, or their successor committees, during the department's SMART Act hearing the total number of reports and inquiries submitted to the Colorado bureau of investigation, the Colorado crime information center database, and the national crime information center database pursuant to subsections (2)(b) and (2)(c) of this section, aggregated by municipality.

(b) This subsection (5) is repealed, effective July 1, 2029.

Source: L. 2023: Entire section added, (HB 23-1222), ch. 267, p. 1585, § 2, effective January 1, 2024.

13-10-105. Municipal judge - appointment - removal. (1) (a) Unless otherwise provided in the charter of a home rule city, the municipal court shall be presided over by a municipal judge who shall be appointed by the municipal governing body for a specified term of not less than two years and who may be reappointed for a subsequent term; except that the initial appointment under this section may be for a term of office which expires on the date of the next election of the municipal governing body. Any vacancy in the office of municipal judge shall be filled by appointment of the municipal governing body for the remainder of the unexpired term.

(b) The municipal governing body may appoint such assistant judges as may be necessary to act or such substitute judges as circumstances may require in case of temporary absence, sickness, disqualification, or other inability of the presiding or assistant municipal judges to act.

(c) In the event that more than one municipal judge is appointed, the municipal governing body shall designate a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed.

(2) A municipal judge may be removed during his or her term of office only for cause. A judge may be removed for cause if:

(a) He is found guilty of a felony or any other crime involving moral turpitude;

(b) He has a disability which interferes with the performance of his duties and which is or is likely to become of a permanent character;

(c) He has willfully or persistently failed to perform his duties;

(d) He or she has a substance use disorder that is not in remission; or

(e) The municipality required the judge, at the time of appointment, to be a resident of the municipality, or county in which the municipality is located, and he subsequently becomes a nonresident of the municipality or the county during his term of office.

Source: L. 69: p. 273, § 1. C.R.S. 1963: § 37-22-3. L. 77: (2)(c) and (2)(d) amended and (2)(e) added, p. 793, § 1, effective June 3. L. 91: (1)(b) amended, p. 742, § 1, effective April 4. L. 2017: IP(2) and (2)(d) amended, (SB 17-242), ch. 263, p. 1293, § 107, effective May 25.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

13-10-106. Qualifications of municipal judges. (1) A municipal judge shall have the same qualifications as a county judge in a Class D county, as set forth in section 13-6-203 (3).

(2) Preference shall be given by the municipal governing body, when possible, to the appointment of a municipal judge who is licensed to practice law in Colorado or who is trained in the law.

(3) The municipal governing body may appoint a county judge in a Class C or D county, as defined in section 13-6-203, to serve as a municipal judge.

(4) The municipal governing body may require that the municipal judge be a qualified elector of the municipality or the county in which the municipality is located.

Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-4. L. 77: (1) amended and (4) added, p. 793, § 2, effective June 3.

13-10-107. Compensation of municipal judges. (1) The municipal governing body shall provide by ordinance for the salary of the municipal and assistant judges. Such salary shall be a fixed annual compensation and payable on a monthly or other periodic basis. The municipal governing body may pay any substitute judge appointed pursuant to section 13-10-105 (1)(b) based upon the number of court sessions served by such judge.

(2) (Deleted by amendment, L. 91, p. 742, § 2, effective April 4, 1991.)

Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-5. L. 91: Entire section amended, p. 742, § 2, effective April 4.

13-10-108. Clerk of the municipal court. (1) The municipal governing body shall establish the position of clerk of the municipal court, except that the municipal judge shall serve as ex officio clerk if the business of the court is insufficient to warrant a separate full-time or part-time clerk.

(2) The clerk of the municipal court shall be appointed by the presiding municipal judge and shall have such duties as are delegated to him by law, court rule, or the presiding municipal judge.

(3) The municipal governing body shall provide for the salary of the clerk of the municipal court in the same manner as specified in section 13-10-107; except that if the municipal judge serves as ex officio clerk, he shall not receive any additional compensation.

Source: L. 69: p. 274, § 1. C.R.S. 1963: § 37-22-6.

13-10-109. Bond. (1) The clerk of the municipal court shall give a performance bond in the sum of two thousand dollars, or in such amount as may be set by ordinance, to the city or town for which he is appointed.

(2) The performance bond shall be approved by the municipal governing body and be conditioned upon the faithful performance of his duties, and for the faithful accounting for, and payment of, all funds deposited with or received by the court.

(3) When the municipal judge serves as clerk of the municipal court, as provided in section 13-10-108 (3), he shall execute the performance bond required by this section.

(4) The governing body of the city or town may waive the bond required by this section.

Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-7. L. 89: (4) added, p. 1287, § 1, effective April 6.

13-10-110. Court facilities and supplies. (1) The municipal governing body shall furnish the municipal court with suitable courtroom facilities and sufficient funds for the acquisition of all necessary books, supplies, and furniture for the proper conduct of the business of the court.

(2) In order to carry out the provisions of subsection (1) of this section, the municipal governing body may locate court facilities outside of the municipality or county in which the municipality is located, if such facilities are in reasonable proximity to the municipality and the governing body determines that suitable facilities cannot be provided within the municipality.

(3) Any two or more governments may cooperate or contract, pursuant to part 2 of article 1 of title 29, C.R.S., to provide joint court facilities and supplies. Such joint facilities may be located outside of any or all of the cooperating or contracting governments but shall be located within reasonable proximity to each of the cooperating or contracting governments.

(4) Where, pursuant to this section, a municipality locates its court facilities outside of its boundaries, any reference in this article to the municipality in which the court is located shall mean the municipality creating the municipal court, and any reference in this article to the county in which the municipal court is located shall mean the county in which the municipality creating the court is located.

Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-8. L. 75: Entire section amended, p. 567, § 1, effective June 13.

13-10-111. Commencement of actions - process. (1) Any action or summons brought in any municipal court to recover any fine or enforce any penalty or forfeiture under any ordinance shall be filed in the corporate name of the municipality in which the court is located by and on behalf of the people of the state of Colorado.

(2) Any process issued from a municipal court runs in the corporate name of the municipality by and on behalf of the people of the state of Colorado. Processes from any municipal court shall be executed by any authorized law enforcement officer from the municipality in which the court is located.

(3) Any authorized law enforcement officer may execute within such officer's jurisdiction any summons, process, writ, or warrant issued by a municipal court from another jurisdiction arising under the ordinances of such municipality for an offense which is criminal or quasi-criminal. For the purposes of this subsection (3), traffic offenses shall not be considered criminal or quasi-criminal offenses unless penalty points may be assessed under section 42-2-127 (5)(a) to (5)(cc), C.R.S. The issuing municipality shall be liable for and pay all costs, including costs of service or incarceration incurred in connection with such service or execution.

(4) The clerk of the municipal court shall issue a subpoena for the appearance of any witness in municipal court upon the request of either the prosecuting municipality or the defendant. The subpoena may be served upon any person within the jurisdiction of the court in the manner prescribed by the rules of procedure applicable to municipal courts. Any person subpoenaed to appear as a witness in municipal court shall be paid a witness fee in the amount of five dollars.

(5) Upon the request of the municipal court, the prosecuting municipality, or the defendant, the clerk of the municipal court shall issue a subpoena for the appearance, at any and all stages of the court's proceedings, of the parent, guardian, or lawful custodian of any child under eighteen years of age who is charged with a municipal offense. Whenever a person who is issued a subpoena pursuant to this subsection (5) fails, without good cause, to appear, the court may issue an order for the person to show cause to the court as to why the person should not be held in contempt. Following a show cause hearing, the court may make findings of fact and conclusions of law and may enter an appropriate order, which may include finding the person in contempt.

Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-9. L. 77: (3) amended, p. 793, § 3, effective June 3. L. 78: (3) amended, p. 262, § 45, effective May 23. L. 81: (5) added, p. 882, § 1, effective April 30. L. 94: (5) amended, p. 909, § 3, effective April 28; (3) amended, p. 2549, § 32, effective January 1, 1995.

13-10-111.5. Notice to municipal courts of municipal holds. (1) If a person is detained in a jail on a municipal hold and does not immediately receive a personal recognizance bond, the jail shall promptly notify the municipal court of any municipal hold; except that, if the municipal hold is the sole basis to detain the person, the jail shall notify the municipal court of the municipal hold within four hours. All municipal courts shall establish an email address, if internet service is available, whereby the municipal court can receive notifications from jails. If internet service is not available, the municipal court shall establish a telephone line with voicemail for the same purpose. All jails shall be deemed to have met this notice requirement by sending an email, fax, or teletype to the municipal court or, if these options are unavailable, leaving a voicemail with the municipal court, relaying the notice required in this section.

(2) Once a municipal court receives notice that the defendant is being held solely on the basis of a municipal hold, the municipal court shall hold a hearing within forty-eight hours after the receipt of such a notice. The county sheriff shall make the in-custody defendant available to appear in a timely manner before a municipal judge for a hearing required by this subsection (2) at the date and time mutually agreed to by the county sheriff and municipal court. This subsection (2) must not be construed to require the county sheriff to transport the in-custody defendant to the municipal court. It is not a violation of this section if a bond hearing is not held within forty-eight hours when the delay is caused by circumstances in which the defendant refuses to attend court, is unable to attend court due to drug or alcohol use, a serious medical or behavioral health emergency, or when the delay is caused by an emergency that requires the court to close. When the defendant is unable to attend court, the sheriff shall provide the court with a list of people subject to this section who did not timely attend court, the date of the person's arrest, and the location where the person is in custody. The sheriff shall document the length of the delay, the reason for the delay, and the efforts to abate the emergency. As soon as the emergency has sufficiently abated, the sheriff shall make the in-custody defendant available to appear before the municipal court at the next scheduled bond hearing. Use of audiovisual conferencing technology is permissible to expedite the hearing. When high-speed internet access is unavailable, making audiovisual conferencing impossible, the court may conduct the hearing telephonically.

(3) (a) At the hearing required in subsection (2) of this section, the municipal court shall either:

(I) Arraign the defendant; or

(II) If the defendant was arrested for failure to appear, conduct the proceedings for which the defendant failed to appear, unless that proceeding is a trial or an evidentiary hearing or requires the presence of a witness.

(b) If the case is not resolved at this hearing, the municipal court shall immediately conduct a bond hearing to consider and set the least restrictive conditions, if any, for the defendant's release on bond.

(4) If the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section, the jail holding the defendant shall release the defendant on an unsecured personal recognizance bond with no other conditions returnable to the municipal court. This subsection (4) does not apply if the defendant refused to cooperate with the court's attempts to hold the hearing in compliance with subsection (2) of this section.

(5) Each municipal court shall adopt standing orders to implement subsection (4) of this section and shall provide the orders to each jail in the county where the municipal court is located. In every arrest warrant issued by a municipal court, the municipal court shall order that the defendant be released on a personal recognizance bond with no other conditions if the defendant does not appear before the municipal court for a hearing within the time frames required by subsection (2) of this section.

Source: L. 2017: Entire section added, (HB 17-1338), ch. 375, p. 1939, § 2, effective January 1, 2018. L. 2022: (2) amended, (HB 22-1067), ch. 264, p. 1930, § 1, effective January 1, 2023. L. 2023: (2) amended, (HB 23-1151), ch. 92, p. 347, § 2, effective October 1.

Cross references: For the legislative declaration in HB 17-1338, see section 1 of chapter 375, Session Laws of Colorado 2017. For the legislative declaration in HB 23-1151, see section 1 of chapter 92, Session Laws of Colorado 2023.

13-10-112. Powers and procedures. (1) The municipal judge of any municipal court has all judicial powers relating to the operation of his court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the Colorado supreme court. The presiding municipal judge of any municipal court has authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado supreme court.

(2) The judicial powers of any municipal judge shall include the power to enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the municipality authorized by law or ordinance to issue subpoenas.

Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-10. L. 91: Entire section amended, p. 742, § 3, effective April 4.

13-10-113. Fines and penalties. (1) (a) Except as provided in subsection (1)(b) of this section, any person convicted of violating a municipal ordinance in a municipal court of record may be incarcerated for a period not to exceed three hundred sixty-four days or fined an amount not to exceed two thousand six hundred fifty dollars, or both.

(b) (I) The limitation on municipal court fines set forth in paragraph (a) of this subsection (1) shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter.

(II) As used in this paragraph (b), inflation means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Boulder, all items, all urban consumers, or its successor index.

(1.5) Any person convicted of violating a municipal ordinance in a municipal court which is not of record may be incarcerated for a period not to exceed ninety days or fined an amount not to exceed three hundred dollars, or both.

(2) In sentencing or fining a violator, the municipal judge shall not exceed the sentence or fine limitations established by ordinance. Any other provision of the law to the contrary notwithstanding, the municipal judge may suspend the sentence or fine of any violator and place him on probation for a period not to exceed one year.

(3) The municipal judge is empowered in his discretion to assess costs, as established by the municipal governing body by ordinance, against any defendant who pleads guilty or nolo contendere or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation.

(4) Notwithstanding any provision of law to the contrary, a municipal court has the authority to order a child under eighteen years of age confined in a juvenile detention facility operated or contracted by the department of human services or a temporary holding facility operated by or under contract with a municipal government for failure to comply with a lawful order of the court, including an order to pay a fine. Any confinement of a child for contempt of municipal court shall not exceed forty-eight hours.

(5) Notwithstanding any other provision of law, a juvenile, as defined in section 19-2.5-102, arrested for an alleged violation of a municipal ordinance, convicted of violating a municipal ordinance or probation conditions imposed by a municipal court, or found in contempt of court in connection with a violation or alleged violation of a municipal ordinance must not be confined in a jail, lockup, or other place used for the confinement of adult offenders but may be held in a juvenile detention facility operated by or under contract with the department of human services or a temporary holding facility operated by or under contract with a municipal government that shall receive and provide care for the juvenile. A municipal court imposing penalties for violation of probation conditions imposed by such court or for contempt of court in connection with a violation or alleged violation of a municipal ordinance may confine a juvenile pursuant to section 19-2.5-305 for up to forty-eight hours in a juvenile detention facility operated by or under contract with the department of human services. In imposing any jail sentence upon a juvenile for violating any municipal ordinance when the municipal court has jurisdiction over the juvenile pursuant to section 19-2.5-103 (1)(a)(II), a municipal court does not have the authority to order a juvenile under eighteen years of age to a juvenile detention facility operated or contracted by the department of human services.

(6) Whenever the judge in a municipal court of record imposes a fine for a nonviolent municipal ordinance or code offense, if the person who committed the offense is unable to pay the fine at the time of the court hearing or if he or she fails to pay any fine imposed for the commission of such offense, in order to guarantee the payment of such fine, the municipal judge may compel collection of the fine in the manner provided in section 18-1.3-506, C.R.S. For purposes of this subsection (6), nonviolent municipal ordinance or code offense means a municipal ordinance or code offense which does not involve the use or threat of physical force on or to a person in the commission of the offense.

(7) Notwithstanding subsections (1) and (1.5) of this section, the municipal judge of each municipality which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may provide such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs.

(8) If, as a condition of or in connection with any sentence imposed pursuant to this section, a municipal court judge requires a juvenile who is younger than eighteen years of age to attend school, the municipal court shall notify the school district in which the juvenile is enrolled of such requirement.

Source: L. 69: p. 275, § 1. C.R.S. 1963: § 37-22-11. L. 81: (4) added, p. 882, § 2, effective April 30; (5) added, p. 1041, § 2, effective July 1. L. 87: (2) and (3) amended, p. 546, § 1, effective April 23; (4) and (5) amended, p. 814, § 11, effective October 1. L. 89: (6) added, p. 887, § 3, effective April 6. L. 90: (4) and (5) amended, p. 1016, § 1, effective April 20; (7) added, p. 1345, § 6, effective July 1. L. 91: (1) and (3) amended and (1.5) added, p. 743, § 4, effective April 4. L. 92: (7) amended, p. 2183, § 59, effective June 2. L. 94: (4) and (5) amended, pp. 2641, 2615, §§ 90, 23, effective July 1; (5) amended, p. 1462, § 1, effective July 1. L. 96: (5) amended, p. 1679, § 2, effective January 1, 1997. L. 2000: (8) added, p. 320, § 8, effective April 7. L. 2002: (6) amended, p. 1487, § 121, effective October 1. L. 2013: (1) amended, (HB 13-1060), ch. 121, p. 411, § 1, effective April 18. L. 2019: (1)(a) amended, (HB 19-1148), ch. 59, p. 201, § 1, effective August 2. L. 2021: (5) amended, (SB 21-059), ch. 136, p. 710, § 11, effective October 1.

Editor's note: Amendments to subsection (5) by Senate Bill 94-089 and House Bill 94-1029 were harmonized.

Cross references: (1) For municipal ordinances and penalties relating thereto, see §§ 31-15-103 and 31-16-101.

(2) For the legislative declaration contained in the 1994 act amending subsections (4) and (5), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration contained in the 2002 act amending subsection (6), see section 1 of chapter 318, Session Laws of Colorado 2002.

13-10-114. Trial by jury. (1) In any action before municipal court in which the defendant is entitled to a jury trial by the constitution or the general laws of the state, such party shall have a jury upon request. The jury shall consist of three jurors unless, in the case of a trial for a petty offense, a greater number, not to exceed six, is requested by the defendant.

(2) In municipalities having less than five thousand population, juries may be summoned by the issuance of venire to a police officer or marshal. In municipalities having a population of five thousand or more, juries shall be selected from a jury list as is provided for courts of record.

(3) Jurors shall be paid the sum of six dollars per day for actual jury service and three dollars for each day of service on the jury panel alone; except that the governing body of a municipality may, by resolution or ordinance, set higher or lower fees for attending its municipal court.

(4) For the purposes of this section, a defendant waives his or her right to a jury trial under subsection (1) of this section unless, within twenty-one days after entry of a plea, the defendant makes a request to the court for a jury trial, in writing, and tenders to the court a fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant. If the action is dismissed or the defendant is acquitted of the charge, or if the defendant having paid the jury fee files with the court at least seven days before the scheduled trial date a written waiver of jury trial, the jury fee shall be refunded.

(5) At the time of arraignment for any petty offense in this state, the judge shall advise any defendant not represented by counsel of the defendant's right to trial by jury; of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, request such trial by jury within twenty-one days after entry of a plea, in writing; of the number of jurors allowed by law; and of the requirement that the defendant, if he or she desires to invoke his or her right to trial by jury, tender to the court within twenty-one days after entry of a plea a jury fee of twenty-five dollars, unless the fee is waived by the judge because of the indigence of the defendant.

Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-12. L. 70: p. 150, § 3. L. 83: (4) amended, p. 615, § 1, effective July 1. L. 88: (3) amended, p. 1124, § 1, effective April 4. L. 2005: (4) and (5) amended, p. 428, § 10, effective July 28. L. 2012: (4) and (5) amended, (SB 12-175), ch. 208, p. 823, § 4, effective July 1.

13-10-114.5. Representation by counsel - independent indigent defense - definitions. (1) At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement pursuant to C.M.C.R. 210 and section 16-7-207, C.R.S., the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel.

(2) If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.

(3) (a) On and after January 1, 2020, each municipality shall provide independent indigent defense for each indigent defendant charged with a municipal code violation for which there is a possible sentence of incarceration. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee or evaluate indigent defense counsel.

(b) (I) Because the office of alternate defense counsel created in section 21-2-101 is an independent system of indigent defense overseen by an independent commission, provision of indigent defense by lawyers evaluated or overseen by the office of alternate defense counsel satisfies the requirement described in subsection (3)(a) of this section.

(II) Because a legal aid clinic at any Colorado law school accredited by the American bar association is an independent system of indigent defense overseen by the dean of the law school with which it is affiliated, any provision or oversight of indigent defense through a legal aid clinic associated with any Colorado law school accredited by the American bar association satisfies the requirement described in subsection (3)(a) of this section.

(c) To satisfy the requirement described in subsection (3)(a) of this section, a municipality that contracts directly with one or more defense attorneys to provide counsel to indigent defendants shall ensure that:

(I) The process to select indigent defense attorneys is transparent and based on merit;

(II) Each contracted indigent defense attorney is periodically evaluated by an independent entity for competency and independence. The municipality shall evaluate each newly hired defense attorney as soon as practicable but no later than one year after he or she is hired. Otherwise, the municipality shall evaluate each defense attorney at least every three years. An independent entity that evaluates defense attorneys pursuant to this subsection (3)(c)(II) shall provide evaluation results and any recommendations for corrective action in writing to the municipality. For the purpose of this subsection (3), independent entity means:

(A) The office of alternate defense counsel;

(B) An attorney or a group of attorneys, each of whom has substantial experience practicing criminal defense in Colorado within the preceding five years, so long as the attorney or group of attorneys is not affiliated with the municipality receiving the services, including any municipal judge, prosecutor, or indigent defense attorney; or

(C) A local or regional independent indigent defense commission, as described in subsection (3)(d) of this section.

(III) (A) The contract does not use a fixed or flat-fee payment structure for indigent defense services but instead uses the same payment structure and rates that are paid by the state of Colorado to attorneys and other interdisciplinary team members under contract with the office of alternate defense counsel created in section 21-2-101 and that are consistent with chief justice directive 04-04, or any successor chief justice directive.

(B) This subsection (3)(c)(III) only applies to a municipality that prosecutes an act of domestic violence, as defined in section 18-6-800.3.

(C) For the purposes of this subsection (3)(c), fixed or flat-fee payment structure means a fee paid as a fixed amount for specified legal services regardless of the time or effort involved, but does not include an amount paid as a salary or on a salary basis.

(d) (I) To satisfy the requirement described in subsection (3)(a) of this section, a municipality may establish a local independent indigent defense commission or coordinate with one or more other municipalities to establish a regional independent indigent defense commission. Any local or regional independent indigent defense commission in existence as of January 1, 2018, is deemed to be in compliance with this subsection (3)(d) and may continue as established.

(II) Each local or regional independent indigent defense commission must include at least three members, each of whom is selected by the chief municipal judge in consultation with the Colorado criminal defense bar, the office of alternate defense counsel, or the office of the state public defender. Prior to serving on a commission, any commission member who is selected by a chief municipal judge must be approved by the office of alternate defense counsel. The office of alternate defense counsel shall approve such appointed commission members whom the office, in its discretion, deems likely to promote the provision of competent and independent indigent defense.

(III) The terms and procedures for the members of a local or regional independent indigent defense commission must be determined by the municipality or municipalities that establish the independent indigent defense commission.

(IV) A local or regional independent indigent defense commission established pursuant to this subsection (3)(d) has the responsibility and exclusive authority to appoint indigent defense counsel for a term of at least one year or more to be served until a successor is appointed. The independent indigent defense commission retains sole authority to supervise the indigent defense counsel and discharge him or her for cause.

(V) A local or regional independent indigent defense commission, through its ability to supervise, appoint, and discharge the indigent defense counsel, shall ensure that indigent defendants accused of violations of municipal ordinances for which there is a possible sentence of incarceration are represented independently of any political considerations or private interests, that such indigent defendants receive legal services that are commensurate with those available to nonindigent defendants, and that municipal indigent defense attorneys provide representation in accordance with the Colorado rules of professional conduct and the American bar association standards relating to the administration of criminal justice.

(VI) A local or regional independent indigent defense commission shall not interfere with the discretion, judgment, and zealous advocacy of indigent defense attorneys in specific cases.

(VII) A local or regional independent indigent defense commission shall make recommendations to its municipality or municipalities regarding the provision of adequate monetary resources to provide legal services to indigent defendants accused of violations of such municipal ordinances.

(VIII) The members of an independent indigent defense commission shall serve without compensation; except that a municipality that establishes a local independent indigent defense commission or that coordinates with one or more other municipalities to establish a regional independent indigent defense commission shall reimburse the members of the commission for actual and reasonable expenses incurred in the performance of their duties.

Source: L. 2016: Entire section added, (HB 16-1309), ch. 366, p. 1540, § 2, effective July 1, 2018. L. 2018: (3) added, (SB 18-203), ch. 354, p. 2110, § 1, effective August 8. L. 2024: (3)(c)(I) amended and (3)(c)(III) added, (HB 24-1437), ch. 465, p. 3228, § 2, effective July 1, 2025.

Editor's note: Section 1 of House Bill 17-1316 changed the effective date of this section from May 1, 2017, to July 1, 2018. (See L. 2017, p. 607).

Cross references: For the legislative declaration in HB 16-1309, see section 1 of chapter 366, Session Laws of Colorado 2016. For the legislative declaration in HB 24-1437, see section 1 of chapter 465, Session Laws of Colorado 2024.

13-10-115. Fines and costs. All fines and costs collected or received by the municipal court shall be reported and paid monthly, or at such other intervals as may be provided by an ordinance of the municipality, to the treasurer of the municipality and deposited in the general fund of the municipality.

Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-13.

13-10-115.5. Expungement of juvenile delinquent records - definition. (1) (a) For the purposes of this section, expungement is defined in section 19-1-103. Upon the entry of an expungement order by a municipal court, the person who is the subject of the expunged record may assert that he or she has no juvenile municipal court record. The person who is the subject of the expunged record may lawfully deny that he or she has ever been arrested, charged, adjudicated, convicted, or sentenced in regard to the expunged case, matter, or charge.

(b) The court, law enforcement agency, and all other agencies shall reply to any inquiry regarding an expunged record that no record exists with respect to the person named in the record, unless information may be shared with the inquiring party pursuant to subsection (3) of this section.

(2) (a) If a juvenile is sentenced by a municipal court, the municipal court, at sentencing, shall provide the juvenile and any respondent parent or guardian with a written advisement of the right to expungement and the time period and process for expunging the record. The municipal court may provide the notice through a municipal diversion program, the city attorney, or a municipal probation program.

(b) Expungement must be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that the record has been designated as expunged.

(c) A prosecuting attorney shall not require as a condition of a plea agreement that a juvenile waive his or her right to expungement pursuant to this section upon the completion of the juvenile's sentence.

(d) Prior to the court ordering any records expunged, the court shall determine whether the juvenile has any actions pending before the municipal court, and, if the court determines that there is an action pending against the juvenile, the court shall stay the petition for expungement proceedings until the resolution of the pending case.

(3) (a) After expungement, basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear in the records, are not open to the public but are available to a prosecuting attorney, local law enforcement agency, the department of human services, the state and municipal judicial departments, and the victim, as defined in section 24-4.1-302 (5); except that such information is not available to an agency of the military forces of the United States.

(b) Notwithstanding any order for expungement pursuant to this section, any record that is ordered expunged is available to any judge and the probation department for use in any future proceeding in which the person whose record was expunged is charged with an offense as either a juvenile or as an adult. A new criminal, delinquency, or municipal charge may not be brought against the juvenile based upon information gained initially or solely from examination of the expunged records.

(c) Notwithstanding an order for expungement pursuant to this section, any criminal justice record of a juvenile who has been charged, adjudicated, or convicted of any offense must be available for use by the juvenile, the juvenile's attorney, a prosecuting attorney, any law enforcement agency, or any agency of the state or municipal judicial departments in any subsequent criminal investigation or prosecution as a substantive predicate offense conviction or adjudication of record.

(d) Notwithstanding any order for expungement issued pursuant to this section, nothing prevents the prosecuting attorney, including the staff of a prosecuting attorney's office, a victim or witness assistance program, a law enforcement agency, or law enforcement victim assistance program, from discussing with the victim the case, the results of any expungement proceedings, information regarding restitution, and information related to any victim services available to the victim as defined in section 24-4.1-302 (5), but copies of expunged records must not be provided to the victim. The victim may petition the court and request that a copy of the expunged records be provided to the victim. If the court finds that there are compelling reasons for the release, a copy of the expunged records may be released to the victim. If the court orders the release of a copy of the expunged records to the victim, the court must issue a protective order regarding the use of the expunged records.

(e) Notwithstanding any order for expungement issued pursuant to this section, any information, including police affidavits and reports and records related to any prior conviction or adjudication, are available without court order to the persons, government agencies, or entities allowed access to or allowed to exchange such information pursuant to section 19-1-303 for the purposes described therein. Any person who knowingly violates the confidentiality provisions of section 19-1-303 is subject to the penalty in section 19-1-303 (4.7).

(4) (a) In a juvenile municipal case where no natural person is listed as a victim, the municipal court shall order all records in the juvenile municipal case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged within forty-two days after the conclusion of the case.

(b) In a juvenile municipal case where a natural person is listed as a victim, the municipal court shall send notice on the date the sentence is completed to the prosecuting attorney that all records in a case charging a juvenile with a violation of a municipal code or ordinance, excluding offenses charged pursuant to title 42, all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization will be expunged forty-two days after completion of the municipal sentence.

(c) If the prosecuting attorney does not file an objection within forty-two days after receipt of the notice from the court pursuant to subsection (4)(b) of this section, the municipal court shall order all records related to the case and charges in the custody of any other agency, person, company, or organization expunged.

(d) If the prosecuting attorney files an objection within forty-two days after receipt of the notice by the court pursuant to subsection (4)(b) of this section, the court shall schedule a hearing on the issue of expungement. The court shall notify the prosecuting attorney of the hearing date.

(e) If a hearing is scheduled pursuant to subsection (4)(d) of this section, the court shall send notice to the last-known address of the juvenile notifying the juvenile of the date of the hearing and of the juvenile's right to appear at the hearing and to present evidence to the court in writing prior to the hearing and in person at the hearing. The notice must indicate that, at the hearing, the court will consider whether the juvenile has been rehabilitated and whether the expungement is in the best interests of the juvenile and the community. The juvenile is not required to appear at the hearing.

(f) At a hearing held pursuant to this subsection (4), the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged if the juvenile has successfully completed the sentence, or the municipal court case is closed, unless the court finds, by clear and convincing evidence, that the juvenile has not been rehabilitated and that expungement is not in the best interests of the juvenile or the community. If the court enters an order denying expungement of the records, the juvenile shall have the right to appeal to the district court, and all fees related to the appeal must be waived.

(g) The municipal court shall, on the first day of every month, review all juvenile municipal court files for that same month for the previous two years that resulted in a finding of not guilty or guilty or resulted in diversion, deferred adjudication, dismissal, or other disposition or resolution, and enter an expungement order for all juveniles eligible for expungement pursuant to this subsection (4) if the expungement order was not previously made.

(h) Unless a hearing has taken place and findings made pursuant to subsection (4)(f) of this section, the court shall order all records related to the municipal case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, expunged pursuant to this subsection (4) if the court finds that the sentence has been completed or the municipal court case is closed.

(i) With the victim's consent, or if there is no named victim, the prosecuting attorney may agree at the time of a plea that there will be no objection to expungement upon the completion of the juvenile's sentence. In such a case, the court shall order all records of the case in the custody of the court, and any records related to the case or charges in the custody of any other agency, person, company, or organization, expunged upon completion of the juvenile's sentence. A hearing is not required.

(5) Notwithstanding the provisions of subsection (4) of this section, a municipal court shall not expunge the record of a person who is charged, adjudicated, or convicted of any traffic offense or traffic infraction pursuant to title 42 or a corresponding municipal traffic code.

(6) Upon the entry of an order expunging a record pursuant to this section, the court shall order, in writing, the expungement of all case records in the custody of the court and any records related to the case and charges in the custody of any other agency, person, company, or organization. The court may order expunged any records, but, at a minimum, the following records must be expunged pursuant to every expungement order:

(a) All court records;

(b) All records retained within the office of the prosecuting attorney;

(c) All probation and parole records;

(d) All law enforcement records;

(e) All division of youth services records and jail records if the juvenile was detained in a division of youth services facility or in a jail;

(f) All department of human services records; and

(g) References to the municipal case or charge contained in the school records.

(7) (a) When an expungement order is issued pursuant to this section, the court shall send a copy of the order to the juvenile, the juvenile's last attorney of record, the prosecuting attorney, the law enforcement agency or agencies that investigated the case, and the Colorado bureau of investigation directing the entity to expunge its records within thirty-five days after the receipt of the order.

(b) The court shall also send a copy of the order to the municipal probation department if the juvenile was placed on municipal probation at any point during the case, the division of youth services if the juvenile was sentenced or ordered to any period of detention in a division of youth services facility by the municipal court, and the jail if the juvenile was held in or sentenced to time in a jail by the municipal court, directing the entity to expunge the records in its custody as soon as practicable but no later than ninety days after the receipt of the order.

(c) The juvenile, the juvenile's attorney, or the juvenile's parent or legal guardian may provide to the court, within seven days after the completion of the sentence or the case being closed, a list of all agency custodians that may have custody of any records subject to the expungement order. At no cost to the juvenile, the court shall send a copy of the expungement order to the agency, person, company, or organization, as requested, directing the entity to expunge its records within thirty-five days. Additionally, the juvenile or his or her parent or guardian may also provide a copy of the order to any other custodian of records subject to the order.

(d) Each entity described in this subsection (7) that is in possession of such records shall expunge the records in its custody as directed by the order.

(e) The person who is the subject of records expunged pursuant to this section may petition the court to permit inspection of the records held by persons named in the order, and the court may so order.

(8) Any agency, person, company, or organization that violates this section and knew that the records in question were subject to an expungement order may be subject to criminal and civil contempt of court and may be punished by a fine.

(9) Employers; educational institutions; landlords; and state and local government agencies, officials, and employees shall not, in any application or interview or in any other way, require an applicant to disclose any information contained in expunged records. In answer to any question concerning arrest or juvenile and criminal records information that has been expunged, an applicant need not include a reference to or information concerning the expunged information and may state that no record exists. An application may not be denied solely because of the applicant's refusal to disclose records or information that has been expunged.

(10) Nothing in this section authorizes the physical destruction of any juvenile or criminal justice record.

Source: L. 2019: Entire section added, (HB 19-1335), ch. 304, p. 2785, § 2, effective May 28. L. 2021: (1)(a) amended, (SB 21-059), ch. 136, p. 710, § 12, effective October 1.

13-10-116. Appeals. (1) Appeals may be taken by any defendant from any judgment of a municipal court which is not a qualified municipal court of record to the county court of the county in which such municipal court is located, and the cause shall be tried de novo in the appellate court.

(2) Appeals taken from judgments of a qualified municipal court of record shall be made to the district court of the county in which the qualified municipal court of record is located. The practice and procedure in such case shall be the same as provided by section 13-6-310 and applicable rules of procedure for the appeal of misdemeanor convictions from the county court to the district court, and the appeal procedures set forth in this article shall not apply to such case.

(3) No municipality shall have any right to appeal from any judgment of a municipal court, not of record, concerning a violation of any charter provision or ordinance, but this subsection (3) shall not be construed to prevent a municipality from maintaining any action to construe, interpret, or determine the validity of any ordinance or charter provision involved in such proceeding. Nothing in this subsection (3) shall be construed to prevent a municipality from appealing any question of law arising from a proceeding in a qualified municipal court of record.

(4) If, in any municipal court, a defendant is denied a jury trial to which he is entitled under section 13-10-114, he is entitled to a trial by jury under section 16-10-109, C.R.S., and to a trial de novo upon application therefor on appeal.

(5) Notwithstanding any provision of law to the contrary, if confinement of a child is ordered pursuant to a contempt conviction as set forth in section 13-10-113 (4), appeal shall be to the juvenile court for the county in which the municipal court is located. Such appeals shall be advanced on the juvenile court's docket to the earliest possible date. Procedures applicable to such appeals shall be in the same manner as provided in subsections (1) and (2) of this section for appeals to the county court.

Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-14. L. 70: p. 151, § 4. L. 72: p. 267, § 3. L. 77: (3) amended, p. 794, § 4, effective June 3. L. 81: (5) added, p. 882, § 3, effective July 1. L. 85: (1), (2), and (5) amended, p. 570, § 6, effective November 14, 1986.

13-10-117. Time - docket fee - bond. Appeals may be taken within fourteen days after entry of any judgment of a municipal court. No appeal shall be allowed until the appellant has paid to the clerk of the municipal court one dollar and fifty cents as a fee for preparing the transcript of record on appeal. If the municipal court is a court of record, the clerk of the municipal court is entitled to the same additional fees for preparing the record, or portions thereof designated, as is the clerk of the county court on the appeal of misdemeanors, but said fees shall be refunded to the defendant if the judgment is set aside on appeal. No stay of execution shall be granted until the appellant has executed an approved bond as provided in sections 13-10-120 and 13-10-121.

Source: L. 69: p. 276, § 1. C.R.S. 1963: § 37-22-15. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 824, § 5, effective July 1.

13-10-118. Notice - scope. (1) Appeals may be taken by filing with the clerk of the municipal court a notice of appeal, in duplicate. The notice of appeal shall set forth the title of the case; the name and address of the appellant and appellant's attorney, if any; identification of the offense or violation of which the appellant was convicted; a statement of the judgment, including its date and any fines or sentences imposed; and a statement that the appellant appeals from the judgment. The notice of appeal shall be signed by the appellant or his attorney.

(2) The taking of an appeal shall not permit the retrial of any matter of which the appellant has been acquitted, or any conjoined charge from the conviction of which he does not seek to appeal.

Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-16.

13-10-119. Certification to appellate court. Upon payment of the fee provided in section 13-10-117, and filing of notice as provided in section 13-10-118, the original papers in the municipal court file, together with a transcript of the record of the municipal court, and a duplicate notice of appeal shall be certified to the appropriate appellate court pursuant to section 13-10-116 by the municipal court.

Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-17. L. 81: Entire section amended, p. 883, § 4, effective July 1.

13-10-120. Bond - approval of sureties - forfeitures. (1) When an appellant desires to stay the judgment of the municipal court, he shall execute a bond to the municipality in which the municipal court is located, in such penal sum as may be fixed by the municipal court, and in such form and with sureties qualified as the municipality may, by ordinance, designate.

(2) Sureties shall be approved by a judge of the municipal court from which the appeal is taken.

(3) The amount of bond shall not exceed double the amount of the judgment for fines and costs, plus an amount commensurate with any jail sentence, which latter amount shall be not less than fifty dollars nor more than a sum equal to two dollars for each day of jail sentence imposed.

Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-18.

13-10-121. Conditions of bond - forfeiture - release. (1) The bond shall be conditioned that the appellant will duly prosecute such appeal and satisfy any judgment that may be rendered upon trial of the case in the appropriate appellate court to which appeal is taken pursuant to section 13-10-116 and that the appellant will surrender himself in satisfaction of such judgment if that is required.

(2) If the bond is forfeited, the appellate court, upon motion of the municipality, shall enter judgment against the appellant and sureties on the bond for the amount of such bond. The appellate court, with the consent of the municipality, shall enter judgment against the appellant and sureties on the bond for the amount of such bond. The appellate court, with the consent of the municipality, may set aside or modify the judgment.

(3) Any municipality may provide by ordinance such other bond terms and conditions as are not inconsistent with the provisions of this article. The filing of such bond or any notice thereof of record shall not constitute any lien against any property of the sureties.

(4) When the condition of the bond has been satisfied or the forfeiture thereof set aside or remitted, the municipal court shall exonerate the obligors and release the bond. At any time before final judgment in the appellate court, a surety may be exonerated by a deposit of cash in the amount of the bond or by timely surrender of the appellant into custody.

Source: L. 69: p. 277, § 1. C.R.S. 1963: § 37-22-19. L. 81: (1), (2), and (4) amended, p. 883, § 5, effective July 1.

13-10-122. Docket fee - dismissal. The appellant shall pay a docket fee as provided by law to the clerk of the appellate court, within fourteen days from the date he or she ordered the transcript of record. If he or she does not do so, his or her appeal may be dismissed on motion of the municipality.

Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-20. L. 81: Entire section amended, p. 883, § 6, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 824, § 6, effective July 1.

13-10-123. Procedendo on dismissal. Upon dismissal of an appeal, the clerk of the appellate court shall at once issue a procedendo to the municipal court from the judgment on which appeal was taken, to the amount of the judgment and all costs incurred before the municipal court.

Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-21. L. 81: Entire section amended, p. 883, § 7, effective July 1.

13-10-124. Action on bond in name of municipality. Action may be instituted upon any bond under this article in the name of the municipality in whose favor it is executed.

Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-22.

13-10-125. Judgment. Upon trial de novo of the case on appeal to the appellate court, if a jury has been demanded, the duties of the jurors shall be to determine only whether the appellant has violated the ordinance charged. Upon a verdict of guilty, the judge shall then hear and consider any material facts in mitigation or aggravation of the offense and shall impose a penalty as provided by ordinance.

Source: L. 69: p. 278, § 1. C.R.S. 1963: § 37-22-23. L. 81: Entire section amended, p. 884, § 8, effective July 1.

13-10-126. Prostitution offender program authorized - reports. (1) Subject to the provisions of this section, a municipal or county court, or multiple municipal or county courts, may create and administer a program for certain persons who are charged with soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance.

(2) A program created and administered by a municipal or county court or multiple municipal or county courts pursuant to subsection (1) of this section must:

(a) Permit enrollment in the program only by an offender who either:

(I) (A) Has no prior convictions or any charges pending for any felony; for any offense described in section 18-3-305 or 18-3-306, in part 4 or 5 of article 3 of title 18, in part 3, 4, 6, 7, or 8 of article 6 of title 18, in section 18-7-203 or 18-7-206, or in part 3, 4, or 5 of article 7 of title 18; or for any offense committed in another state that would constitute such an offense if committed in this state; and

(B) Has been offered and has agreed to a deferred sentencing arrangement as described in subsection (3) of this section; or

(II) (A) Has at least one prior conviction for any offense described in section 18-7-201, 18-7-202, 18-7-204, 18-7-205, or 18-7-207, C.R.S.; or for any offense committed in another state that would constitute such an offense if committed in this state; and

(B) Has been sentenced by a court to complete the program as part of the penalty imposed for a subsequent conviction for soliciting for prostitution, as described in section 18-7-202, C.R.S., patronizing a prostitute, as described in section 18-7-205, C.R.S., or any corresponding municipal code or ordinance.

(b) Permit the court or courts to require each offender who enrolls in the program to pay an administration fee, which fee the court or courts shall use to pay the costs of administering the program;

(c) To the extent practicable, be available to offenders, courts, and prosecutors of other jurisdictions; and

(d) Be administered by the court or courts with assistance from one or more municipal prosecutor's offices, one or more district attorney's offices, one or more state or local law enforcement agencies, and one or more nonprofit corporations, as defined in section 7-121-401, C.R.S., which nonprofit corporations have a stated mission to reduce human trafficking or prostitution. The court or courts are encouraged to consult, in addition to the aforementioned entities, recognized criminology experts and mental health professionals.

(3) (a) Enrollment in the program shall be offered to each offender at the sole discretion of the prosecuting attorney in each offender's case.

(b) If the prosecuting attorney offers enrollment in the program to an offender as a condition of a plea bargain agreement as described in subparagraph (I) of paragraph (a) of subsection (2) of this section, the agreement shall include at a minimum the following stipulations:

(I) The offender shall enter a plea of guilty to the prostitution-related offense or offenses with which he or she is charged;

(II) The court shall defer judgment and sentencing of the offender for a period not to exceed two years, as described in section 18-1.3-102 (1), C.R.S., during which time the offender shall enroll in and complete the program and may be required to pay an administration fee, as described in paragraph (b) of subsection (2) of this section;

(III) Upon the offender's satisfactory completion of the program, the court shall dismiss with prejudice the prostitution-related charge or charges;

(IV) The offender shall waive his or her right to a speedy trial; and

(V) If the offender fails to complete the program or fails to satisfy any other condition of the plea bargain agreement, he or she shall be sentenced for the offenses to which he or she has pleaded guilty and shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available to a municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court.

(c) If the prosecuting attorney offers enrollment in the program to an offender pursuant to subparagraph (II) of paragraph (a) of subsection (2) of this section and the offender fails to complete the program, the offender shall be required to pay a fine of not less than two thousand five hundred dollars and not more than five thousand dollars, or the maximum amount available to the municipal or county court, in the discretion of the court, in addition to any other sentence imposed by the court.

(4) If a municipal or county court or multiple municipal or county courts create and administer a program pursuant to subsection (1) of this section, the court or courts shall prepare and submit a report to the judiciary committees of the house of representatives and senate, or any successor committees, concerning the effectiveness of the program. The court or courts shall submit the report not less than two years nor more than three years after the creation of the program. The report shall include information concerning:

(a) The cost of the program and the extent to which the cost is mitigated by the imposition of the fees described in paragraph (b) of subsection (2) of this section; and

(b) The effectiveness of the program in reducing recidivism among persons who commit prostitution-related offenses.

Source: L. 2011: Entire section added, (SB 11-085), ch. 257, p. 1126, § 2, effective August 10. L. 2013: (2)(a)(II)(A) amended, (HB 13-1166), ch. 59, p. 195, § 3, effective August 7. L. 2016: IP(2) and (2)(a)(I)(A) amended, (SB 16-146), ch. 230, p. 914, § 5, effective July 1. L. 2023: (2)(a)(I)(A) amended, (HB 23-1293), ch. 298, p. 1782, § 2, effective October 1.

Cross references: For the legislative declaration in the 2011 act adding this section, see section 1 of chapter 257, Session Laws of Colorado 2011.

13-10-127. Failure to appear. (1) A person's failure to appear in person or by counsel at the place and time specified in the summons or summons and complaint, or failure to appear in person or by counsel on any subsequent date, served upon the person must not form the basis of a municipal criminal charge against the person.

(2) This section applies to any municipal ordinance premised on a person's failure to appear, regardless of whether a municipality refers to this situation as a failure to appear, contempt of court for a failure to appear, or by any other name.

(3) Nothing in this section limits a municipal court's inherent judicial contempt power or prohibits a municipal judge from issuing a bench warrant upon a person's failure to appear or from considering a person's failure to appear for the purpose of setting an appropriate bond at a subsequent bond hearing.

Source: L. 2025: Entire section added, (SB 25-062), ch. 82, p. 341, § 2, effective April 17.

CIVIL PROTECTION ORDERS

ARTICLE 14

Civil Protection Orders

Law reviews: For article, Civil Restraining Orders Pursuant to CRS §§ 13-14-100.2 et seq.: A Practitioner's Guide, see 43 Colo. Law. 63 (Aug. 2014).

13-14-100.2. Legislative declaration. (1) The general assembly hereby finds that the issuance and enforcement of protection orders are of paramount importance in the state of Colorado because protection orders promote safety, reduce violence and other types of abuse, and prevent serious harm and death. In order to improve the public's access to protection orders and to ensure careful judicial consideration of requests and effective law enforcement, there shall be two processes for obtaining protection orders within the state of Colorado, a simplified civil process and a mandatory criminal process.

(2) The general assembly further finds and declares that domestic abuse is not limited to physical threats of violence and harm but also includes domestic violence, mental and emotional abuse, financial control, document control, property control, and other types of control that make a victim more likely to return to an abuser due to fear of retaliation or inability to meet basic needs. Many victims of domestic abuse, particularly victims of domestic violence, are unable to access the resources necessary to seek lasting safety options. Victims need additional provisions in protection orders so that they can meet their immediate needs of food, shelter, transportation, medical care, and childcare for their appearance at protection order hearings. These needs may exist not only in cases that may end in dissolution of marriage but also in other circumstances, including cases in which reconciliation may occur.

(3) Additionally, the general assembly finds and declares that sexual violence affects Coloradans of all ages, backgrounds, and circumstances and is one of the most underreported of all crimes. Sexual violence may occur in any type of relationship; however, the majority of sexual violence is perpetrated by someone whom the victim knows. Sexual violence can occur in person, online, or through technology and may be physical, verbal, written, pictorial, or visual. Victims of sexual violence who do not report the crime, as well as victims who do report but whose case is not prosecuted, still need and deserve protection from future interactions with the perpetrator, as many victims experience long-lasting physical and emotional trauma from unwanted contact with the perpetrator.

(4) Finally, the general assembly finds and declares that stalking is a dangerous, high-risk crime that can exist in the context of domestic violence and may escalate over time, and that sometimes leads to sexual violence or homicide. Countless youth and adults in Colorado have faced the fear, isolation, and danger of being victims of stalking, and many of these incidents go unreported and are not prosecuted. While stalking behaviors may appear innocuous to outside observers, the victims often endure intense physical and emotional distress that affects all aspects of their lives and are more likely than others to express anxiety, depression, and social dysfunction.

Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1001, § 5, effective July 1. L. 2024: (2) to (4) amended, (HB 24-1122), ch. 330, p. 2229, § 1, effective January 1, 2025.

Editor's note: This section is similar to former § 13-14-102 (1) as it existed prior to 2013.

13-14-101. Definitions. For purposes of this article 14, unless the context otherwise requires:

(1) Abuse of the elderly or of an at-risk adult means mistreatment of a person who is sixty years of age or older or who is an at-risk adult as defined in section 26-3.1-101 (1.5), including but not limited to repeated acts that:

(a) Constitute verbal threats or assaults;

(b) Constitute verbal harassment;

(c) Result in the inappropriate use or the threat of inappropriate use of medications;

(d) Result in the inappropriate use of physical or chemical restraints;

(e) Result in the misuse of power or authority granted to a person through a power of attorney or by a court in a guardianship or conservatorship proceeding that results in unreasonable confinement or restriction of liberty; or

(f) Constitute threats or acts of violence against, or the taking, transferring, concealing, harming, or disposing of, an animal owned, possessed, leased, kept, or held by the elderly or at-risk adult, which threats or acts are intended to coerce, control, punish, intimidate, or exact revenge upon the elderly or at-risk adult.

(1.5) Adult means a person eighteen years of age or older.

(1.6) Coercion means compelling a person by force, threat of force, or intimidation to engage in conduct from which the person has the right or privilege to abstain, or to abstain from conduct in which the person has the right or privilege to engage.

(1.7) Contact or contacting means any interaction or communication with another person, directly or indirectly through a third party, and electronic and digital forms of communication, including but not limited to interaction or communication through social media.

(2) Domestic abuse means an act, attempted act, or threatened act of violence, stalking, harassment, or coercion that is committed by a person against another person to whom the actor is currently or was formerly related or with whom the actor is living or has lived in the same domicile. Domestic abuse may also include an act, attempted act, or threatened act of violence against:

(a) The minor children of either of the parties; or

(b) An animal owned, possessed, leased, kept, or held by either of the parties or by a minor child of either of the parties, which threat, act, or attempted act is intended to coerce, control, punish, intimidate, or exact revenge upon either of the parties or a minor child of either of the parties.

(2.1) Domestic violence, commonly known as intimate partner violence, means a pattern of violent behavior or an act, attempted act, or threat of violence, stalking, harassment, or coercion that is committed by a person against another person with whom the actor is involved or has been involved in an intimate relationship. A sexual relationship may be an indicator of an intimate relationship but is never a necessary condition for finding an intimate relationship.

(2.2) Minor child means a person under eighteen years of age.

(2.3) Protected person means the person or persons identified in a protection order as the person or persons for whose benefit the protection order was issued.

(2.4) (a) Protection order means an order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or committing sexual violence through sexually assaulting or abusing a protected person or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by a protected person, or any other provision to protect the protected person from the risk or threat of physical harm or the threat of psychological or emotional harm that is issued by a court of this state or a municipal court and that is issued pursuant to:

(I) This article 14, section 18-1-1001, 19-2.5-607, or 19-4-111, or rule 365 of the Colorado rules of county court civil procedure;

(II) Sections 14-4-101 to 14-4-105, C.R.S., section 14-10-107, C.R.S., section 14-10-108, C.R.S., or section 19-3-316, C.R.S., as those sections existed prior to July 1, 2004;

(III) An order issued as part of the proceedings concerning a criminal municipal ordinance violation; or

(IV) Any other order of a court that prohibits a person from contacting, harassing, injuring, intimidating, molesting, threatening, touching, stalking, or sexually assaulting or abusing a person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, or from taking, transferring, concealing, harming, disposing of or threatening to harm an animal owned, possessed, leased, kept, or held by a person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises.

(b) For purposes of this article only, protection order includes any order that amends, modifies, supplements, or supersedes the initial protection order. Protection order also includes any emergency protection order, as described in section 13-14-103, any restraining order entered prior to July 1, 2003, and any foreign protection order as defined in section 13-14-110.

(2.8) Restrained person means a person identified in a protection order as a person prohibited from doing a specified act or acts.

(2.9) Sexual violence means an unwanted or nonconsensual sexual behavior, act or attempted act, or threatened act, including, but not limited to, unlawful sexual behavior, as described in section 16-11.7-102 (3), by a person against another person, regardless of the relationship between the actor and the petitioner.

(3) Stalking means any act, attempted act, or threatened act of stalking as described in section 18-3-602, C.R.S.

Source: L. 99: Entire article added, p. 495, § 1, effective July 1. L. 2000: (3) amended, p. 1012, § 3, effective July 1. L. 2003: IP(1) amended and (2.3), (2.4), and (2.8) added, p. 995, § 1, effective July 1. L. 2004: (1.5) and (2.2) added and (2.4) amended, p. 544, § 1, effective July 1. L. 2010: (1)(e), (2), IP(2.4)(a), and (2.4)(a)(IV) amended and (1)(f) added, (SB 10-080), ch. 78, p. 264, § 1, effective July 1; (3) amended, (HB 10-1233), ch. 88, p. 295, § 3, effective August 11. L. 2013: (1.7) and (2.9) added and (2), IP(2.4)(a), (2.4)(a)(IV), (2.4)(b), and (3) amended, (HB 13-1259), ch. 218, p. 1002, § 6, effective July 1. L. 2020: IP and IP(1) amended, (HB 20-1302), ch. 265, p. 1274, § 7, effective September 14. L. 2021: (2.4)(a)(I) amended, (SB 21-059), ch. 136, p. 710, § 13, effective October 1. L. 2024: (1.6) and (2.1) added and IP(2), IP(2.4)(a), and (2.9) amended, (HB 24-1122), ch. 330, p. 2230, § 2, effective January 1, 2025.

13-14-102. Civil protection orders - legislative declaration. (Repealed)

Source: L. 99: Entire article added, p. 496, § 1, effective July 1. L. 2000: IP(1), (5), and (6) amended, (2.5) added, and (19) repealed, pp. 1012, 1013, §§ 4, 5, 6, effective July 1; (16) and (17) amended, p. 1538, § 5, effective July 1. L. 2002: (4) amended, p. 323, § 1, effective April 19; (9)(b) amended and (17.5) added, p. 491, § 1, effective July 1; (11) amended and (21) added, p. 1143, § 1, effective July 1. L. 2003: IP(1), (1)(c), (2), (3) to (9), (12), (13), (14), IP(15), (17.5), (18), and (21) amended, p. 996, § 2, effective July 1. L. 2004: (1), (5), (7), (8)(b), (8)(c), (9), (10), IP(15), (15)(e), and (20) amended and (1.5), (3.3), and (3.7) added, p. 545, § 2, effective July 1; (17.5)(b)(II) amended, p. 74, § 1, effective September 1. L. 2007: (1) amended and (15)(g) added, pp. 940, 941, §§ 1, 2, effective July 1. L. 2010: (15)(f.2) and (15)(f.4) added, (SB 10-080), ch. 78, p. 265, § 2, effective July 1; (17.5)(e)(III) amended, (HB 10-1422), ch. 419, p. 2068, § 22, effective August 11; (21)(a) and (21)(b) amended, (HB 10-1233), ch. 88, p. 296, § 4, effective August 11. L. 2013: (22) added, (SB 13-197), ch. 366, p. 2130, § 3, effective June 5; entire section repealed, (HB 13-1259), ch. 218, p. 1004, § 7, effective July 1.

13-14-103. Emergency protection orders. (1) (a) Any county or district court shall have the authority to enter an emergency protection order pursuant to the provisions of this subsection (1).

(b) An emergency protection order issued pursuant to this subsection (1) may include:

(I) Restraining a party from contacting, harassing, injuring, intimidating, threatening, molesting, touching, stalking, sexually assaulting or abusing any other party, a minor child of either of the parties, or a minor child who is in danger in the reasonably foreseeable future of being a victim of an unlawful sexual offense or domestic abuse;

(II) Excluding a party from the family home or from the home of another party upon a showing that physical or emotional harm would otherwise result;

(III) Awarding temporary care and control of any minor child of a party involved;

(IV) Enjoining an individual from contacting a minor child at school, at work, or wherever he or she may be found;

(V) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; or

(VI) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult.

(c) In cases involving a minor child, the juvenile court and the district court have the authority to issue emergency protection orders to prevent an unlawful sexual offense, as defined in section 18-3-411 (1), or to prevent domestic abuse, as defined in section 13-14-101 (2), when requested by the local law enforcement agency, the county department of human or social services, or a responsible person who asserts, in a verified petition supported by affidavit, that there are reasonable grounds to believe that a minor child is in danger in the reasonably foreseeable future of being the victim of an unlawful sexual offense or domestic abuse, based upon an allegation of a recent actual unlawful sexual offense or domestic abuse or threat of the same. Any emergency protection order issued pursuant to this subsection (1) must be on a standardized form prescribed by the judicial department, and a copy must be provided to the protected person.

(d) The chief judge in each judicial district shall be responsible for making available in each judicial district a judge to issue, by telephone, emergency protection orders at all times when the county and district courts are otherwise closed for judicial business. Such judge may be a district court or county court judge or a special associate, an associate, an assistant county judge, or a magistrate.

(e) When the county, district, and juvenile courts are unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week and a peace officer asserts reasonable grounds to believe that an adult is in immediate and present danger of domestic abuse, assault, stalking, sexual violence, or that a minor child is in immediate and present danger of an unlawful sexual offense, as defined in section 18-3-411 (1), or of domestic abuse, as defined in section 13-14-101 (2), a judge made available pursuant to subsection (1)(d) of this section may issue a written or verbal ex parte emergency protection order. Any written emergency protection order issued pursuant to this subsection (1) must be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person.

(f) An emergency protection order issued pursuant to this subsection (1) shall expire not later than the close of judicial business on the next day of judicial business following the day of issue, unless otherwise continued by the court. The court may continue an emergency protection order filed to prevent abuse pursuant to this subsection (1) only if the judge is unable to set a hearing on plaintiff's request for a temporary protection order on the day the complaint was filed pursuant to section 13-14-104.5; except that this limitation on a court's power to continue an emergency protection order shall not apply to an emergency protection order filed to protect a minor child from an unlawful sexual offense or domestic abuse. For any emergency protection order continued pursuant to the provisions of this paragraph (f), following two days' notice to the party who obtained the emergency protection order or on such shorter notice to said party as the court may prescribe, the adverse party may appear and move its dissolution or modification. The motion to dissolve or modify the emergency protection order shall be set down for hearing at the earliest possible time and shall take precedence over all matters except older matters of the same character, and the court shall determine such motions as expeditiously as the ends of justice require.

(2) (a) A verbal emergency protection order may be issued pursuant to subsection (1) of this section only if the issuing judge finds that the risk or threat of physical harm or the threat of psychological or emotional harm exists in close proximity to one or more persons or that the risk or threat of physical harm or the threat of psychological or emotional harm exists to the life or health of the minor child in the reasonably foreseeable future.

(b) Any verbal emergency protection order shall be reduced to writing and signed by the officer or other person asserting the grounds for the order and shall include a statement of the grounds for the order asserted by the officer or person. The officer or person shall not be subject to civil liability for any statement made or act performed in good faith. The emergency protection order shall be served upon the respondent with a copy given to the protected party and filed with the county or district court as soon as practicable after issuance. Any written emergency protection order issued pursuant to this subsection (2) shall be on a standardized form prescribed by the judicial department, and a copy shall be provided to the protected person.

(3) The court shall electronically transfer into the central registry of protection orders established pursuant to section 18-6-803.7, C.R.S., a copy of any order issued pursuant to this section and shall deliver a copy of such order to the protected party or his or her parent or an individual acting in the place of a parent who is not the respondent.

(4) If any person named in an order issued pursuant to this section has not been served personally with such order but has received actual notice of the existence and substance of such order from any person, any act in violation of such order may be deemed sufficient to subject the person named in such order to any penalty for such violation.

(5) Venue for filing a complaint pursuant to this section is proper in any county where the acts that are the subject of the complaint occur, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law.

(6) A person failing to comply with any order of the court issued pursuant to this section shall be found in contempt of court and, in addition, may be punished as provided in section 18-6-803.5, C.R.S.

(7) At any time that the law enforcement agency having jurisdiction to enforce the emergency protection order has cause to believe that a violation of the order has occurred, it shall enforce the order. If the order is written and has not been personally served, a member of the law enforcement agency shall serve a copy of said order on the person named respondent therein. If the order is verbal, a member of the law enforcement agency shall notify the respondent of the existence and substance thereof.

(8) The availability of an emergency protection order shall not be affected by the person seeking protection leaving his or her residence to avoid harm.

(9) The issuance of an emergency protection order shall not be considered evidence of any wrongdoing.

(10) If three emergency protection orders are issued within a one-year period involving the same parties within the same jurisdiction, the court shall summon the parties to appear before the court at a hearing to review the circumstances giving rise to such emergency protection orders.

(11) The duties of peace officers enforcing orders issued pursuant to this section shall be in accordance with section 18-6-803.5, C.R.S., and any rules adopted by the Colorado supreme court pursuant to said section.

Source: L. 2004: Entire section added, p. 549, § 3, effective July 1. L. 2010: (1)(b)(III) amended and (1)(b)(V) and (1)(b)(VI) added, (SB 10-080), ch. 78, p. 266, § 3, effective July 1. L. 2013: (1)(b)(I), (1)(b)(V), (1)(e), (1)(f), (5), and (8) amended, (HB 13-1259), ch. 218, p. 1004, § 8, effective July 1. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 398, § 8, effective August 8. L. 2024: (1)(e) and (2)(a) amended, (HB 24-1122), ch. 330, p. 2231, § 3, effective January 1, 2025.

Cross references: For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

13-14-104. Foreign protection orders. (Repealed)

Source: L. 2004: Entire section added, p. 549, § 3, effective July 1. L. 2013: Entire section repealed, (HB 13-1259), ch. 218, p. 1005, § 9, effective July 1.

13-14-104.5. Procedure for temporary civil protection order. (1) (a) Any municipal court of record, if authorized by the municipal governing body; any county court; and any district, probate, or juvenile court has original concurrent jurisdiction to issue a temporary or permanent civil protection order against an adult or against a juvenile who is ten years of age or older for any of the following purposes:

(I) To prevent assaults and threatened bodily harm;

(II) To prevent domestic abuse;

(III) To prevent emotional abuse of the elderly or of an at-risk adult;

(IV) To prevent sexual violence; and

(V) To prevent stalking.

(b) To be eligible for a protection order, the petitioner does not need to show that he or she has reported the act that is the subject of the complaint to law enforcement, that charges have been filed, or that the petitioner is participating in the prosecution of a criminal matter.

(2) Any civil protection order issued pursuant to this section shall be issued using the standardized set of forms developed by the state court administrator pursuant to section 13-1-136.

(3) Venue for filing a motion or complaint pursuant to this section is proper in any county where any one of the acts or behaviors that are the subject of the motion or complaint occurred, in any county where one of the parties resides, or in any county where one of the parties is employed. This requirement for venue does not prohibit the change of venue to any other county appropriate under applicable law.

(4) A motion for a temporary civil protection order shall be set for hearing at the earliest possible time, which hearing may be ex parte, and shall take precedence over all matters, except those matters of the same character that have been on the court docket for a longer period of time. The court shall hear all such motions as expeditiously as possible.

(5) Any district court, in an action commenced under the Uniform Dissolution of Marriage Act, article 10 of title 14, C.R.S., shall have authority to issue temporary and permanent protection orders pursuant to the provisions of subsection (1) of this section. Such protection order may be as a part of a motion for a protection order accompanied by an affidavit filed in an action brought under article 10 of title 14, C.R.S. Either party may request the court to issue a protection order consistent with any other provision of this article.

(6) At the time a protection order is requested pursuant to this section, the court shall inquire about, and the requesting party and the party's attorney or licensed legal paraprofessional have an independent duty to disclose, knowledge the party and the party's attorney or licensed legal paraprofessional may have concerning the existence of any prior protection or restraining order of any court addressing in whole or in part the subject matter of the requested protection order. In the event there are conflicting restraining or protection orders, the court shall consider, as its first priority, issues of public safety. An order that prevents assaults, threats of assault, or other harm must be given precedence over an order that deals with the disposition of property or other tangible assets. Every effort must be made by judicial officers to clarify conflicting orders.

(7) (a) A temporary civil protection order may be issued if the issuing judge or magistrate finds that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the person or persons seeking protection under the civil protection order. In determining whether a risk or threat of physical harm or the threat of psychological or emotional harm exists to one or more persons, the court shall consider all relevant evidence concerning the safety and protection of the persons seeking the protection order, regardless of when an incident occurred or the existence of a protection order issued pursuant to section 18-1-1001 or 18-1-1001.5.

(b) If the judge or magistrate finds that a risk or threat of physical harm or the threat of psychological or emotional harm exists to the employees of a business entity, the judge or magistrate may issue a civil protection order in the name of the business for the protection of the employees. An employer is not liable for failing to obtain a civil protection order in the name of the business for the protection of the employees and patrons.

(8) (a) Upon the filing of a complaint, duly verified, alleging that the respondent has committed acts that would constitute grounds for a civil protection order, any judge or magistrate, after hearing the evidence and being fully satisfied that sufficient cause exists, may issue a temporary civil protection order to prevent the actions complained of and a citation directed to the respondent commanding the respondent to appear before the court at a specific time and date and to show cause, if any, why the temporary civil protection order should not be made permanent. In addition, the court may order any other relief that the court deems appropriate. Complaints may be filed by persons seeking protection for themselves or for others as provided in section 26-3.1-102 (1)(b) and (1)(c).

(b) The judge or magistrate may continue the temporary protection order for a period of not more than one year after the date when the permanent protection order hearing takes place. If the temporary protection order is continued for one year and the petitioner seeks a permanent protection order, the petitioner shall file a motion at least fourteen days before the scheduled hearing notifying the court and the respondent of the petitioner's intent to pursue a permanent protection order on the date of the scheduled hearing.

(9) Upon the issuance of a temporary civil protection order, a copy of the complaint, a copy of the temporary civil protection order, and a copy of the citation must be served upon the respondent and upon the person to be protected, if the complaint was filed by another person, in accordance with the rules for service of process as provided in rule 304 of the rules of county court civil procedure or rule 4 of the Colorado rules of civil procedure. Service upon the respondent and upon the person to be protected is prohibited if the temporary protection order is denied or if the petitioner moves to vacate the temporary protection order prior to the court receiving confirmation that the respondent was personally served or had actual knowledge of the request for a civil protection order. The citation must inform the respondent that, if the respondent fails to appear in court in accordance with the terms of the citation, a bench warrant may be issued for the arrest of the respondent and the temporary protection order previously entered by the court made permanent without further notice or service upon the respondent. If the temporary protection order is based in whole or in part on an act of domestic violence, as defined in section 18-6-800.3, and the act of domestic violence involved the threat of use of physical force, use of physical force, or attempted use of physical force, the citation must also inform the respondent that the respondent must comply with section 13-14-105.5 by refraining from possessing or purchasing any firearm or ammunition for the duration of the order and relinquishing for the duration of the order any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control.

(10) The hearing for a permanent protection order must be set not more than fourteen days after the issuance of the temporary civil protection order and citation. If the petitioner is unable to serve the respondent in that period, the court must extend the temporary protection order previously issued, continue the permanent protection order hearing, and issue an alias citation stating the date and time to which the hearing is continued. The petitioner may thereafter request, and the court must grant, additional continuances as needed if the petitioner has still been unable to serve the respondent if the petitioner is able to show the petitioner has made reasonable efforts to serve the respondent or that the respondent is evading service.

(11) (a) Any person against whom a temporary protection order is issued pursuant to this section, which temporary protection order excludes the person from a shared residence, is permitted to return to the shared residence one time to obtain sufficient undisputed personal effects as are necessary for the person to maintain a normal standard of living during any period prior to a hearing concerning the order. The person against whom a temporary protection order is issued is permitted to return to the shared residence only if the person is accompanied at all times by a peace officer while the person is at or in the shared residence.

(b) When any person is served with a temporary protection order issued against the person excluding the person from a shared residence, the temporary protection order must contain a notification in writing to the person of the person's ability to return to the shared residence pursuant to paragraph (a) of this subsection (11). The written notification shall be in bold print and conspicuously placed in the temporary protection order. A judge, magistrate, or other judicial officer shall not issue a temporary protection order that does not comply with this section.

(c) Any person against whom a temporary protection order is issued pursuant to this section, which temporary protection order excludes the person from a shared residence, may avail himself or herself of the forcible entry and detainer remedies available pursuant to article 40 of this title. However, such person is not entitled to return to the residence until such time as a valid writ of restitution is executed and filed with the court issuing the protection order and, if necessary, the protection order is modified accordingly. A landlord whose lessee has been excluded from a residence pursuant to the terms of a protection order may also avail himself or herself of the remedies available pursuant to article 40 of this title.

Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1005, § 10, effective July 1. L. 2018: (7)(a) amended, (SB 18-060), ch. 50, p. 489, § 3, effective November 1. L. 2024: (6) amended, (HB 24-1291), ch. 131, p. 465, § 2, effective August 7; IP(1)(a), (1)(a)(IV), (3), and (7) to (10) amended, (HB 24-1122), ch. 330, p. 2231, § 4, effective January 1, 2025.

Editor's note: This section is similar to former § 13-14-102 (1.5) to (8) as they existed prior to 2013.

13-14-105. Provisions relating to civil protection orders. (1) A municipal court of record that is authorized by its municipal governing body to issue protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court to include any provisions in the order that the municipal or county court deems necessary for the protection of persons, including but not limited to orders:

(a) Restraining a party from threatening, molesting, or injuring any other party or the minor child of either of the parties;

(b) Restraining a party from contacting any other party or the minor child of either of the parties;

(c) Excluding a party from the family home upon a showing that physical or emotional harm would otherwise result;

(d) Excluding a party from the home of another party upon a showing that physical or emotional harm would otherwise result;

(e) Repealed.

(f) Restraining a party from interfering with a protected person at the person's place of employment or place of education or from engaging in conduct that impairs the protected person's employment, educational relationships, or environment;

(g) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of or threatening harm to an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party;

(h) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party or a minor child of any other party;

(i) Granting such other relief as the court deems appropriate;

(j) (I) Entering a temporary injunction restraining the respondent from ceasing to make payments for mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the respondent has a prior existing duty or legal obligation or from transferring, encumbering, concealing, or in any way disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requiring the restrained party to account to the court for all extraordinary expenditures made after the injunction is in effect.

(II) Any injunction issued pursuant to this paragraph (j) is effective upon personal service or upon waiver and acceptance of service by the respondent for a period of time determined appropriate by the court not to exceed one year after the issuance of the permanent civil protection order.

(III) The provisions of the injunction must be printed on the summons, and the petition and the injunction become an order of the court upon fulfillment of the requirements of subparagraph (I) of this paragraph (j).

(IV) Nothing in this paragraph (j) precludes either party from applying to the district court for further temporary orders, an expanded temporary injunction, or modification or revocation. Any subsequent order issued by the district court as part of a domestic matter involving the parties supersedes an injunction made pursuant to this paragraph (j).

(1.5) (a) A municipal court of record that is authorized by its municipal governing body to issue civil protection or restraining orders and any county court, in connection with issuing a civil protection order, has original concurrent jurisdiction with the district court and shall include in the order, at the request of the petitioner or respondent, a provision awarding temporary care and control of any joint or shared minor children of the parties involved for a period of not more than one year after the date on which the temporary care and control is awarded in the temporary protection order; except that, this subsection (1.5)(a) does not apply when the district court maintains exclusive original jurisdiction in proceedings to determine the legal custody of a child who comes within the juvenile court's jurisdiction pursuant to section 19-1-104.

(b) The order for temporary care and control described in subsection (1.5)(a) of this section may include parenting time responsibilities for both parties involved and any conditions of parenting time, including supervised parenting time by a third party who agrees to the terms of the supervised parenting time, and any costs associated with supervised parenting time, if necessary. If the restrained party is unable to pay the ordered costs, the court shall not impose the cost on a publicly funded agency or the petitioner. If the court finds that the safety of any child or the protected party cannot be ensured with any form of parenting time reasonably available, the court may deny parenting time.

(c) The court shall award interim decision-making responsibility of a child to a person entitled to bring an action for the allocation of parental responsibilities pursuant to section 14-10-123 when interim decision-making responsibility is reasonably related to preventing domestic violence or preventing the child from witnessing domestic violence.

(d) Temporary care and control and interim decision-making responsibility must be determined in accordance with the standard contained in section 14-10-124.

(2) Any order for temporary care and control issued pursuant to subsection (1) of this section is governed by the Uniform Child-custody Jurisdiction and Enforcement Act, article 13 of title 14, C.R.S.

(3) If there is no pending or existing domestic relations or juvenile case in district court involving joint or shared children, the petitioner is not required and must not be instructed to file a complaint for a protection order in district court when the petitioner is otherwise eligible to file for a civil protection order in county court.

(4) A temporary protection order or permanent protection order issued pursuant to this article 14 must be written and communicated in simple and plain language.

Source: L. 2013: Entire section added with relocations, (HB 13-1259), ch. 218, p. 1008, § 11, effective July 1. L. 2024: (1)(e) repealed and (1.5), (3), and (4) added, (HB 24-1122), ch. 330, p. 2233, § 5, effective January 1, 2025.

Editor's note: This section is similar to former § 13-14-102 (15) and (16) as they existed prior to 2013.

13-14-105.5. Civil protection orders - prohibition on possessing or purchasing a firearm. (1) Order requirements. If the court subjects a respondent to a temporary or permanent civil protection order and the court determines on the record after reviewing the petition for the protection order that the protection order includes an act of domestic violence, as defined in section 18-6-800.3 (1), and the act of domestic violence involved the threat of use, use of, or attempted use of physical force, the court, as part of such order:

(a) Shall order the respondent to:

(I) Refrain from possessing or purchasing any firearm or ammunition for the duration of the order; and

(II) Relinquish, for the duration of the order, any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control; and

(b) May require that before the respondent is released from custody on bond, the respondent relinquish, for the duration of the order, any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control; and

(c) Shall schedule a compliance hearing pursuant to subsection (5)(a) of this section and notify the respondent of the hearing date and that the respondent shall appear at the hearing in person unless the hearing is vacated pursuant to subsection (5)(a) of this section.

(2) Time period to relinquish. (a) Except as described in subsection (2)(b) of this section, upon issuance of an order pursuant to subsection (1) of this section, the respondent shall relinquish, in accordance with subsection (4) of this section, any firearm or ammunition:

(I) Not more than twenty-four hours, excluding legal holidays and weekends, after being served with the order in open court; or

(II) Not more than forty-eight hours, excluding legal holidays and weekends, after being served with the order outside of the court.

(b) Notwithstanding subsection (2)(a) of this section, a court may allow a respondent up to an additional twenty-four hours to relinquish a firearm if the respondent demonstrates to the satisfaction of the court that the respondent is unable to comply within the time frame set forth in subsection (2)(a) of this section.

(3) Additional time to comply if respondent in custody. If a respondent is unable to satisfy the provisions of this section because the respondent is incarcerated or otherwise held in the custody of a law enforcement agency, the court shall require the respondent to satisfy the provisions of this section not more than twenty-four hours, excluding legal holidays and weekends, after the respondent's release from incarceration or custody, or be held in contempt of court. Notwithstanding any provision of this subsection (3), the court may, in its discretion, require the respondent to relinquish any firearm or ammunition in the respondent's immediate possession or control or subject to the respondent's immediate possession or control before the end of the respondent's incarceration. In such a case, a respondent's failure to relinquish a firearm or ammunition as required constitutes contempt of court.

(4) Relinquishment options. To satisfy the requirement in subsection (2) of this section, the respondent shall either:

(a) Sell or transfer possession of the firearm or ammunition to a federally licensed firearms dealer described in 18 U.S.C. sec. 923, as amended; except that this provision must not be interpreted to require any federally licensed firearms dealer to purchase or accept possession of any firearm or ammunition; or

(b) Arrange for the storage of the firearm or ammunition by a law enforcement agency or by a storage facility with which the sheriff has contracted for the storage of transferred firearms or ammunition, pursuant to subsection (7)(a) of this section; except that this provision must not be interpreted to require any law enforcement agency to provide storage of firearms or ammunition for any person; or

(c) Sell or otherwise transfer the firearm or ammunition to a private party who may legally possess the firearm or ammunition; except that a respondent who sells or transfers a firearm pursuant to this subsection (4)(c) shall satisfy all of the provisions of section 18-12-112 concerning private firearms transfers, including but not limited to the performance of a criminal background check of the transferee.

(5) Compliance hearing and affidavit. (a) The court shall conduct a compliance hearing not less than eight but not more than twelve business days after the order is issued to ensure the respondent has complied with subsection (5)(b) of this section. The court may vacate the hearing if the court determines the respondent has completed the affidavit described in subsection (5)(b) of this section. Failure to appear at a hearing described in this subsection (5)(a) constitutes contempt of court.

(b) The respondent shall complete an affidavit, which must be filed in the court record within seven business days after the order is issued, stating the number of firearms in the respondent's immediate possession or control or subject to the respondent's immediate possession or control, the make and model of each firearm, any reason the respondent is still in immediate possession or control of such firearm, and the location of each firearm. If the respondent does not possess a firearm at the time the order is issued pursuant to subsection (1) of this section, the respondent shall indicate such nonpossession in the affidavit.

(c) If the respondent possessed a firearm at the time of the qualifying incident giving rise to the duty to relinquish the firearm pursuant to this section but transferred or sold the firearm to a private party prior to the court's issuance of the order, the respondent shall disclose the sale or transfer of the firearm to the private party in the affidavit described in subsection (5)(b) of this section. The respondent, within seven business days after the order is issued, shall acquire a written receipt and signed declaration that complies with subsection (8)(a)(I) of this section, and the respondent shall file the signed declaration at the same time the respondent files the affidavit pursuant to subsection (5)(b) of this section.