Ordinance Number 258

An ordinance re-establishing a municipal court in the Town of Deer Trail

Whereas, Colorado Revised Statutes, Section 13-10-101, et seq., contains the procedural, substantive and jurisdictional requirements for municipal courts to organize in the State of Colorado.

Whereas, the Town in 1997 by Ordinance No. 192 organized a municipal court in the Town; and

Whereas, the Board of Trustees of the Town of Deer Trail desires to re-establish a municipal court to hear alleged violations of select Town ordinances.

Be it ordained by the Board of Trustees for the Town of Deer Trail, Colorado that.

Section 1. Created.

There is created and established a Municipal Court in and for the Town.

Section 2. Appropriations; Facilities.

The Board of Trustees shall annually appropriate an amount sufficient to pay the salary of the Municipal Judge's office, the clerical help, office help, office expense and expense of supplies necessary to carry out the provisions of this Article.
The Board of Trustees shall furnish the Municipal Court with suitable courtroom facilities.

Section 3. Jurisdiction and Powers of the Court.

The Municipal Court shall have original jurisdiction of all cases ar1smg under the ordinances and codes adopted by the Town, with full power to enforce the same and to punish violations thereof by the imposition of such fines and penalties as provided in such ordinances and codes. The Municipal Court shall have and may exercise all powers conferred upon municipal courts by state laws and rules promulgated for such courts by the Colorado Supreme Court, including, without limitation, the power to compel attendance at sessions of the court, to punish for contempt of court by fine or confinement, and to enforce subpoenas issued by any board, commission, hearing officer or other body or office of the Town authorized by law, this Code or any other code or ordinance to issue subpoenas.

Section 4. Rules of Procedure.

The procedures of the Municipal Court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. In addition, the presiding judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the Municipal Court, consistent with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court.
The Municipal Court herein shall operate pursuant to and in accordance with the provisions of C.R.S. § 13-10-101, et seq., entitled "Municipal Courts."

Section 5. Court Costs.

Whenever the Municipal Judge imposes any fine for any violation of a municipal ordinance, in addition to any such fine or any other sentence the Municipal Judge may also assess the following costs:
1. Twenty-five dollars ($25.00) upon the entry of a plea of guilty or no contest at the time of arraignment or prior to the date of trial.
2. Twenty-five dollars ($25.00) upon the entry of a plea of guilty or no contest on the date of trial to the Court, or upon a finding of guilty after a trial to the Court.
3. Forty-five dollars ($45.00) plus all actual juror costs upon a finding of guilty after a trial to a jury or the entry of a plea of guilty or no contest prior to the commencement of a trial to a jury but after a jury has been summoned unless the Court has been notified of the prospective plea at least forty-eight (48) hours prior to the date of trial.
4. Twenty-five dollars ($25.00) upon the issuance of a bench warrant for failing to appear in Court, failing to pay fines and costs, or failing to comply with any order of the Court;
5. Five dollars ($5.00) for each subpoenaed Town witness who appears at trial upon a finding of guilty by the Court or by the jury, or upon the entry of a plea of guilty or no contest on the date of trial;
6. Forty dollars ($40.00) for failure to comply with terms and conditions of a deferred judgment.
7. Fifty dollars ($50.00) upon the entry of any deferred judgment.
8. Five dollars ($5.00) for rescheduling any court appearance.
9. No more than one hundred dollars ($100.00) in costs if a motion to set aside a conviction resulting from a deferred judgment is granted by an order of the Court; and
10. Not more than one hundred dollars ($100.00) in costs if a motion to set aside a default judgment or amended record is granted by an order of the Court.
For all appeals from decisions in the Municipal Court to the Arapahoe County District Court, the Municipal Court Judge, as ex-officio clerk, or the Municipal Court Clerk shall require a transcript deposit fee according to the following schedule:
1. One hundred fifty dollars ($150.00) transcript deposit for a trial to the Court; and
2. Two hundred dollars ($200.00) transcript deposit for a trial to a jury.
The Municipal Judge, as ex-officio clerk, or the Municipal Court Clerk shall charge the transcript preparation fee and photocopy cost prescribed by the Supreme Court of Colorado. The transcript deposit shall be applied against the preparation cost of a transcript. If the preparation cost of a transcript is less than the transcript deposit, then the balance will be refunded to the requesting party by the court clerk. If the preparation cost of the transcript is more than the transcript deposit, the Municipal Court Judge, as ex officio clerk, or the Municipal Court Clerk shall require the requesting party to pay the additional cost to prepare the transcript. The Municipal Judge may waive the transcript deposit and transcript preparation cost in all instances of proven indigence.

Section 6. Surcharge.

In addition to any fines and costs assessed by the Municipal Judge, there shall be added and separately reported a surcharge of thirty-seven percent (37%) of fines and costs assessed, provided that the total of the fine and surcharge shall not exceed the maximum fine provided for such violation by ordinance. The moneys raised by such surcharge shall be used to establish and fund programs for law enforcement assistance services for the Town as approved by the Board of Trustees.

Section 7. Transcripts.

Verbatim records of all proceedings and evidence at trials of all cases coming before the Municipal Court shall be kept by either electric devices or stenographic means.

Section 8. Trials.

Trial by jury. A defendant shall be entitled to a jury trial if:
1. The defendant is charged with an offense for which C.R.S. § 16-10-101, preserves the right to a jury trial; and
2. Within twenty-one (21) days after arraignment or entry of a plea, the defendant files with the Municipal Court a written jury demand and at the same time tenders a jury fee of twenty-five dollars ($25.00), unless the jury fee is waived by the Judge because of the indigence of the defendant.
  
  A juvenile is not entitled to a trial by jury when the petition alleges a delinquent at which is a misdemeanor, a petty offense, a violation of a municipal or county ordinance or a violation of a court order.
Jury membership. The jury shall consist of three (3) jurors unless a greater number, not to exceed six (6), is requested by the defendant in a written jury demand. Jurors shall be selected from a jury list as provided for courts of record, and shall be paid the sum of:
1. Six dollars ($6.00) per day for actual jury service; and
2. Three dollars ($3.00) for each day of service on the jury panel alone.
Trial to the Court. All other charges to which the defendant has pled not guilty, but for which the defendant has not perfected the right to a jury trial pursuant to subsection (a) of this section, shall be tried to the Court with a Municipal Judge as factfinder.

Section 9. Failure of person to respond to process.

In all cases where a person is summoned as a juror or subpoenaed as a witness to the Municipal Court and fails to attend at the time and place ordered, the Court may issue a citation for the appearance of such juror or witness so failing to attend and direct such person to show cause why he or she should not be punished for contempt of court. Upon a satisfactory excuse being made, the court may discharge such person and release any bond posted pursuant thereto.
In all noncriminal cases where a person is summoned to appear at the Municipal Court or ordered to appear by the Municipal Judge and fails to attend at the time and place ordered, the court may issue a citation for the appearance of such person so failing to attend and direct such person to show cause why he or she should not be punished for contempt of court. Upon a satisfactory excuse being made, the court may discharge such person and release any bond posted pursuant thereto.
In all cases where a person is summoned to appear at the Municipal Court or ordered to appear by the Municipal Judge, it is unlawful for such person to fail to appear at the time and place designated in the summons or so ordered.
In all criminal cases where a person is summoned to appear at the Municipal Court or ordered to appear by the Municipal Judge, the court may issue a bench warrant for such person so failing to appear at the time and place designated in the summons or so ordered.

Section 10. Appeals.

Appeals from the Municipal Court shall be in accordance with the practice and procedure provided by the laws of the State.

Section 11. Municipal Judge; appointment: assistant or substituted judges: powers: removal

The Municipal Court shall be president over by a Municipal Judge who shall be appointed by the Board of Trustees for a specified term of not less than two (2) years and who may be reappointed for subsequent terms. Any vacancy in the office of the Municipal Judge shall be filled by appointment by the Board of Trustees for the remainder of the unexpired term. The Municipal Judge shall perform no other duties during the hours that court is in session except such as may be approved by the Board of Trustees.
The Board of Trustees 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 president or assistant Municipal Judge to act.
In the event that more than one (1) Municipal Judge is appointed, the Board of Trustees shall designate a presiding Municipal Judge, who shall serve in this capacity during the term for which he or she was appointed.
A Municipal Judge may be removed during his or her term of office only for cause as set forth in C.R.S. 13-10-105(2).

Section 12. Municipal Judge; qualifications

A Municipal Judge shall be a person who is licensed to practice law in Colorado. The Municipal Judge need not be a resident of Arapahoe County or of the Town.

Section 13. Municipal Judge: compensation

The Board of Trustees 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.

Section 14.

If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby.

Section 15. 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.

Section 16. 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.

Section 17. Effective Date.

This ordinance shall become effective thirty (30) days after final publication.

Adopted and approved this 14th day of August 2018.

Town of Deer Trail, Colorado
Gary Lavoie, Mayor Pro Tem

Candice Reed, Town Clerk