The Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado, do hereby ordain and resolve to adopt an ordinance to organize the Municipal Court of the Town of Deer Trail, Colorado.
Whereas, the Town of Deer Trail, hereinafter referred to as the "Town", wishes to establish a Municipal Court to hear and decide all matters pertaining to alleged violations of Town ordinances, statutes, or offenses and
Whereas, Colorado Revised Statute 13-10-101, et.seq. contains the procedural, substantive, and jurisdictional requirements of municipal courts organized within the State of Colorado; and
Whereas, the Town wishes to update its municipal code so as to comply with the applicable state laws,
Now, therefore, be it Ordained by the Board of Trustees of the Town of Deer Trail, Colorado:
- Establishment of Court; Term, Appointment, and removal of Municipal Judge.
- A Municipal Court shall be and hereby is created and established as a "qualified municipal court of record" pursuant to the provisions of Colorado Revised Statutes. In all operations of the Municipal Court, a verbatim record of the proceedings and evidence at trial shall be kept by either electric devices or stenographic means. The Municipal Court is created to hear and try all alleged violations of the Town Code and ordinance provisions.
- 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. The municipal judge shall be duly qualified and admitted to, and currently licensed in, the practice of law in the State of Colorado.
- A municipal judge may be removed during his or her term of office only for cause. A judge may be removed for cause if:
- He or She is found guilty of a felony or any other crime involving moral turpitude.
- He or She has a disability which interferes with the performance of his or her duties and which is or is likely to become of a permanent character;
- He or She has willfully or persistently failed to perform his or her duties;
- He or she is habitually intemperate.
- Compensation of Municipal Judge
- The salary of the municipal judge shall be a fixed annual compensation payable upon a monthly basis as determined by the Town Board and as established by Resolution.
- Clerk of the Municipal Court.
- The position of clerk of the Municipal Court is hereby established by the Town Board, said clerk to be appointed by the presiding Municipal Judge. However, if the Town Board determines that the business of the Municipal Court is insufficient to warrant a separate full-time or part-time clerk, the Town Board may designate the municipal judge to serve as ex officio clerk,
- The clerk of the Municipal Court shall have such duties as are delegated to him or her by law, court rule, or the presiding municipal judge.
- The salary of the clerk of the Municipal Court shall be a fixed annual compensation payable upon a monthly basis as determined by the Town Board and as established by Resolution.
- Bond
- The Clerk of the Municipal Court shall be covered by a bond or insurance policy carried by the Town, such bond or policy to be approved by the Town Board and to be conditioned upon the faithful performance of the clerk's duties, and for the faithful accounting for, and payment of, all funds deposited with or received by the court.
- Before entering upon the duties of his or her office, the municipal judge shall take and subscribe and file with the Clerk of the Town of Deer Trail, an oath or affirmation that he or she will support the Constitution of the United States and of the State of Colorado and the Charter and Ordinances of the Town of Deer Trail and will faithfully perform the duties of the office.
- Procedures and Powers of the Municipal Court.
- The municipal judge shall have all judicial powers relating to the operation of his or her court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the Colorado supreme court. The municipal judge also has authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado supreme court.
- Commencement of Actions.
- Any action or summons brought in the Municipal Court to recover any fine or enforce any penalty or forfeiture under any Town ordinance or the Town Code shall be filed in the corporate name of the Town of Deer Trail by and on behalf of the people of the State of Colorado.
- Any process issued from the Municipal Court runs in the corporate name of the Town of Deer Trail by and on behalf of the people of the State of Colorado. Processes from the Municipal Court shall be executed by any authorized law enforcement officer from the Town.
- Any authorized law enforcement officer may execute within his jurisdiction any summons, process, writ, or warrant issued by the Municipal Court. For the purposes of this subsection (3), traffic offenses shall not be considered criminal or quasi-criminal offenses.
- 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 Town 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 ($5.00).
- Upon the request of the Municipal Court the Town 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,
- Fines, Penalties, Costs, and Rights of Defendants.
- Any person convicted of violating a municipal ordinance may be fined an amount not to exceed Five Hundred Dollars, ($500.00) per occurrence. In that the Town has decriminalized those traffic offenses allowed to be decriminalized by law, any person charged with violating the Code or any ordinance therein shall not be entitled to a trial by jury, but shall be entitled to the following rights: (1) to appear and defend in person and by counsel (2) to demand the nature and cause of the accusation; (3) to meet the witnesses against him face to face; (4) to have process to compel the attendance of witnesses in his behalf; (5)a speedy public trial to the Municipal Judge; and (6) no person shall be compelled to testify against himself nor shall any person be twice put in jeopardy for the same offense.
- In sentencing or fining a violator, the municipal judge shall not exceed the sentence or fine limitations established by ordinance, 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.
- The municipal judge is empowered in his or her discretion to assess costs against any defendant who pleads guilty or who contenders or who enters into a plea agreement or who, after trial, is found guilty of an ordinance violation. The municipal judge shall, in all such cases, assess costs of no less than Fifteen Dollars ($15.00).
- All fines and costs collected or received by the municipal court shall be reported and paid monthly to the treasurer of the Town and deposited in the general fund of the Town.
- Appeals.
- Appeals taken from judgments of the Municipal Court shall be made to the District Court of Arapahoe County. The practice and procedure in such case shall be the same as provided by section 13-6-310 of the Colorado Revised Statutes and applicable rules of procedure for the appeal of misdemeanor convictions from the county court to the district court.
- All appeal costs, procedures, and bond requirements shall be the same as set forth in Colorado Revised Statutes 13-10-117, 13-10-118, 13-10-119, 13-10-120, 13-10-121, 13-10-1221 13-10-123, and 13-10-124 as such statutes apply to municipal courts of record.
- Declaration of Emergency. In the opinion of the Board of Trustees this ordinance is necessary to the immediate preservation of the public peace, health or safety of the residents of the Town of Deer Trail. This ordinance is, therefore, enacted for that purpose and shall be effective November 4, 1997.
- Separability. If any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair, or invalidate the remaining provisions of this Ordinance, it being the intention that the various provisions hereof are severable.
- Repealer. All acts, orders, resolutions, ordinances, or parts thereof, of the Town that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent only of such inconsistency or conflict.
- Recording and Authentication. Immediately upon its passage, this Ordinance shall be recorded in the Town of Deer Trail Book of Ordinances kept for that purpose, authenticated by the signatures of the Mayor and Clerk, shall be published as required by law, and shall be incorporated into the Municipal Code of the Town of Deer Trail.
Adopted and approved this 4th day of November 1997.
(S) Hugh E. Johnson
Mayor Town of Deer Trail
Arapahoe County, Colorado
Attested: Jessica Stoumbaugh
Clerk in and for the Town of Deer Trail, Colorado