2023 Colorado Revised Statutes › Title 13 - COURTS AND COURT PROCEDURE (§§ 13-1-101 — 13-100-104) › COURTS OF RECORD (§§ 13-1-101 — 13-9-124) › Article 6 - COUNTY COURTS (§§ 13-6-101 — 13-6-504) › Part 5 - MAGISTRATE ADJUDICATION SYSTEM (§§ 13-6-501 — 13-6-504) › Section 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.
Amended by 2022 Ch. 68, §4, eff. 3/1/2022.
L. 77: Entire part added, p. 791, § 1, effective 1/1/1978. L. 82: (3), (4)(a), (5), and (6) amended and (8) to (11) added, p. 653, § 1, effective 1/1/1983. 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 1/1/1995. L. 95: (4.7) added, p. 480, § 3, effective July 1.