TYPES OF COURTS
Several different courts in Colorado handle
various kinds of cases. These courts are:
MUNICIPAL
COURTS
Municipal (city) courts deal with violations of
city laws committed within the city limits.
Generally, these laws involve traffic,
shoplifting, and offenses such as dog leash law
violations and disturbances. For some cases, you
may have the right to a jury trial and to tell
your side of the story in municipal court.
Municipal courts are not state courts; however,
you may appeal a municipal court decision to a
state court.
COUNTY
COURTS
Every county in the state has a county court, with
one or more county judges. These courts handle
traffic cases and minor criminal matters, as well
as civil actions involving no more than $10,000.
You may have a jury trial in many types of county
court cases. An appeal from a county court
decision may be made to the district court. Denver’s
court system, which will be explained later,
differs from the courts in other counties.
DISTRICT
COURTS
Each county in the state has a district court.
Both district and county courts are organized into
judicial districts. However, unlike county courts,
where there is at least one judge per county
court, district judges are assigned to the
judicial district and may serve more than one
district court within that judicial district,
particularly in rural areas of the state.
District courts have authority to handle many
types of cases including divorces, civil claims in
any amount, juvenile matters, probate (estates),
mental health, and criminal matters. You may
appeal a district court decision to the Colorado
Court of Appeals or to the Colorado Supreme Court.
DENVER
COURTS
Denver’s court system differs from those in the rest
of the state, in part because Denver is both a city and
a county. The Denver County Court functions as a
municipal as well as a county court and is paid for
entirely by Denver taxes rather than by state taxes.
Denver has the only separate juvenile court and separate
probate court in the state. In other parts of Colorado,
district courts handle juvenile and probate matters. The
Denver juvenile and probate courts are state courts,
along with the Denver District Court.
COURT OF APPEALS
The Colorado Court of Appeals, located in Denver, has 16
judges. One is a chief judge. The court sits in
divisions consisting of three judges. Divisions of this
court sometimes go to various parts of the state to hear
oral arguments on cases which have been appealed from
state trial courts.
Unlike the other courts we have discussed, the Court of
Appeals is not a trial court. The Court of Appeals
usually is the first court to hear appeals of decisions
made by Colorado district courts and Denver’s probate
and juvenile courts. In addition, it is responsible for
reviewing the decisions of several state administrative
agencies. Its determination of an appeal is final unless
the Colorado Supreme Court agrees to review the matter.
SUPREME
COURT
The Colorado Supreme Court has seven justices. A chief
justice is elected by the court from its membership.
It is the court of last resort or the final court in the
Colorado court system. An individual who has appealed to
the Court of Appeals and is still dissatisfied may ask
the Supreme Court to review the case. The Supreme Court
has a right to refuse to do so. In some instances,
individuals can petition the Supreme Court directly
regarding a lower court’s decision.
THE JURY SYSTEM
The jury system is an important part of the court
process in Colorado. Persons accused of crimes have an
absolute right to trial by jury. Parties to a civil suit
may choose to have their case decided by a jury.
Jurors are selected at random from a
computerized list of names taken from voter and
driver license registration records. Juror
summonses are then sent to the people selected,
informing them when and where they are to appear
for jury service.
About 95 percent of all jury trials in the
world take place in the United States. Those who
have served as jurors often express a feeling of
pride in and respect for our system of justice and
an appreciation for the opportunity to be part of
the judicial process.
Efforts to streamline the jury system are
continuing. Jurors in Colorado now serve for only
one day or one trial in any 12-month period.
Employers must pay employed jurors their regular
wages for the first three days of a trial.
Unemployed jurors may claim a reimbursement for
expenses. The state pays $50 per day to all jurors
after the third day.
The opportunity to serve on a jury allows you
to become a better informed and more responsible
citizen and to learn more about your courts and
the law.
THE LEGAL
SYSTEM
The State of Colorado has three branches of
government: executive, legislative, and judicial.
The Colorado Constitution defines each branch’s
responsibilities. The constitution also guarantees
many specific legal rights to you and to all
Coloradoans and provides for the establishment of
state courts. Courts are part of the Judicial
Branch of our government, and their major function
is to resolve disputes.
CRIMINAL
CASES
Criminal cases in state trial courts involve
charges or violations of certain laws enacted by
the legislature (called the “General Assembly”
in Colorado). Criminal charges are filed by
government attorneys, called district attorneys,
on behalf of the people of the State of Colorado.
Some criminal charges—called indictments—are
filed by grand juries, but this procedure is not
used very often in Colorado state courts.
The General Assembly establishes the definition
of crimes and sets the penalties which trial
judges may impose on convicted criminals. The
Judicial Branch is responsible for the state
courts and probation services. The Department of
Corrections, which is under the Executive Branch,
is responsible for the state prison system and
community corrections facilities. The Department
of Parole, also under the Executive Branch, is
responsible for supervising convicted criminals
after they are released from the state prison
system. The Governor has the power to change the
sentences of convicted criminals.
City (also called “municipal”) governments
are similar in organization to the state
government. City councils pass ordinances which
control the behavior of individuals within the
city limits. City attorneys may file charges when
certain ordinances have been violated, and trials
on such charges are held in a municipal court
before a municipal judge. Municipal courts are not
part of the state court system, but the procedures
are very similar to those followed in state
courts.
CRIMINAL CASES
Whenever a defendant in a criminal case pleads
guilty to or is found guilty of a criminal charge,
the judge must sentence the defendant according to
the law. Before any defendant is sentenced (except
in traffic or other less serious criminal
matters), the judge is given a report from the
probation department. This report contains
information about the defendant and
recommendations from the probation department and
other professionals involved in the case as to the
sentence that should be imposed.
A defendant may be sentenced to serve a stated
period of time in a correctional facility. The
Department of Corrections decides in which
institution the defendant will serve the sentence.
Upon the recommendation of a district attorney,
the judge may postpone sentencing a defendant for
a stated period of time after the defendant enters
a plea of guilty. If the defendant is a
law-abiding citizen for that time, the judge may
dismiss the case and the criminal record of the
defendant may be erased. This is called a “deferred
sentence.”
A defendant may be granted probation. If this
is done, the judge places the defendant under the
supervision of the probation department instead of
imposing a sentence to a correctional institution.
Most defendants who receive probation are
first-time offenders involved in non-violent
crimes. Payment to the victim for any losses
(called “restitution”) is usually a
requirement of probation. A defendant who violates
probation or a deferred sentence may be sent to a
correctional facility.
Defendants who are sent to a correctional
facility may be released prior to their sentence
being fully served by being granted parole by the
State Board of Parole. Defendants on parole must
keep the parole officer advised of all their
activities for the time required by the board.
Defendants who violate conditions of parole may be
returned to a correctional facility.
PROBATION
Each judicial district has a probation
department, which is managed by a chief probation
officer. The mission of probation is two fold:
supervision of offenders sentenced to community
programs and protection of the community.
Supervision includes counseling, referral of
defendants to treatment facilities, collection of
restitution, drug and alcohol testing, and home
detention. Special needs offenders are referred to
specialized programs. These programs are designed
for female offenders, sexual perpetrators, and
drug offenders. Certain high-risk offenders are
referred to intensive supervision probation
programs. This may include home monitoring.
Defendants who fail to comply with conditions of
probation can be returned to court.
Another function of probation is to provide
assessments and pre-sentence information to the
court. Pre-sentence investigation reports, or PSIs,
are prepared to present information necessary for
the judge to sentence the offender. PSI reports
typically contain information regarding details of
the current offense, circumstances of the victim
such as restitution, the offender’s criminal
record and social background, and recommendations
for sentencing. If the offender is granted
probation, these reports are also helpful to the
supervising probation officer in assisting in the
development of case planning.
If the offender is
to be incarcerated, the report is forwarded to the
Department of Corrections or Department of
Institutions where it is used in the diagnostic
and placement process. Eventually, it may be
reviewed by the parole board if the offender
applies for parole. Over the years the incidence
of alcohol and drug-related traffic offenses has
dramatically increased. In Colorado, almost half
of all traffic fatalities are alcohol-related.
This has prompted the creation of a special unit
under the umbrella of probation.
Within the auspices of a probation department
is an alcohol/drug unit which evaluates and
recommends treatment for defendants convicted of
alcohol or drug-related driving offenses. Alcohol
evaluators make assessments based on in-depth
interviews and diagnostic testing. Due to the
complexity of substance abuse problems, evaluators
select programs for offenders from a variety of
referrals. These referrals can range from weekly
outpatient groups or individual therapy to daily
outpatient sessions. More chronic problems and
addictions may require more intense treatment.
Often substance abusers cannot stop using drugs or
alcohol on their own so they must be hospitalized.
An evaluator may assist with this process. To
augment treatment and promote abstinence, ant
abuse
treatment or urinalysis is often recommended.
Evaluators receive and maintain yearly
certification through the Colorado Health
Department/Alcohol and Drug Abuse Division.
Colorado
Courts At A Glance is published by the Colorado
Judicial Branch, Office of the State Court
Administrator, 1301 Pennsylvania Street, #300, Denver,
CO 80203.
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