Address:
915 10th Avenue
Greeley, CO 80631

Mailing Address:
P.O. Box 2038
Greeley, CO 80632

Phone:
(970)351-7300
Ext. 4900
Fax:
(970)356-4356

Office Hours:
8:00 a.m. - 4:00 p.m.
Monday - Friday

In addition to state courts and municipal courts, there are federal courts in Colorado, which are part of an entirely different judicial system, The federal courts deal with federal laws, such as federal crimes, civil rights, and bankruptcies, matters involving the United States Constitution, and lawsuits between citizens of different states and countries.

Judicial Administration
The Colorado judicial system, with more than 230 judges and 1500 support staff members is centrally administered from Denver by the Colorado Supreme Court. To assist the Chief Justice in his role as chief executive officer of the system, the Supreme Court appoints the State Court Administrator. The state is divided into twenty-two judicial districts for administrative purposes. Each judicial district is supervised by a chief judge appointed by the Chief Justice. The judges within each district appoint a District Administrator, Chief Probation Officer, and Clerks of Court to assist them in the management of the individual district. The Nineteenth Judicial District is comprised entirely by Weld County.

TYPES OF COURTS

Municipal Courts
There are approximately 215 municipal courts in Colorado, with an estimated 230 judges. In Weld County, municipal courts exist in Ault, Dacono, Eaton, Erie, Evans, Firestone, Ft. Lupton, Frederick, Garden City, Gilcrest, Greeley, Hudson, Johnstown, Kersey, LaSalle, Lochbuie, Mead, Milliken, Pierce, Platteville, Severance, and Windsor.

Colorado statutes authorize statutory towns and cities to create municipal courts, subject to general statutory provisions governing their operation. The Colorado Constitution authorizes the creation of municipal courts in home-rule charter cities, where charter provisions or ordinances governing the operation of these courts supercede the statutes, except for rules of procedure promulgated by the Supreme Court and appellate procedure.

Municipal Court jurisdiction is limited to violations of municipal ordinances, and generally involves violations The Model Traffic Code for Colorado Municipalities, and certain non-traffic misdemeanor offenses which are not exclusively of statewide concern.

Appeals from municipal court are handled in two ways, depending on whether the municipal court is a "qualified court of record". A "qualified court of record" is a municipal court which keeps a verbatim record of the proceedings and evidence at trials, and requires that the judge be licensed to practice law in Colorado. If the Municipal Court is a court of record, the appeal is to the District Court, where the appeal is decided by reviewing the transcript of the Municipal Court record. If the Municipal Court is not a court of record, the appeal is to the County Court, where a completely new trial is held. Many, if not most, of the municipal courts in Weld County are now "qualified courts of record".

Municipal courts are funded exclusively by the municipality, and all fines and court costs are paid to the town or city. Unless otherwise provided in the charter of a home-rule city, a municipal judge shall be appointed by the municipal governing body for a specified term of not less than two years, and may be removed during his term of office only for cause.

County Court
The Colorado Constitution provides that there shall be a County Court in each of the sixty-two counties, with such civil, criminal, and appellate jurisdiction as provided by state statute, provided such courts shall not have jurisdiction of felonies or in civil cases where the boundaries or title to real property shall be in question. Each County Court has one or more judges.

With respect to civil matters, state statutes provide that, with certain exceptions, the County Court shall have concurrent original jurisdiction with the District Court in civil actions in which the debt, damage, or the value of the personal property claimed does not exceed $10,000; eviction actions in which the title to real property is not in dispute; actions to foreclose liens not exceeding $10,000; petitions for change of name; actions to require peace bonds; issuance of orders to prevent domestic abuse; issuance of restraining orders to prevent assaults and threatened bodily harm; issuance of restraining orders and injunctions to prevent violations of Department of Health orders pertaining to water quality control; and in civil traffic infraction cases. In addition, the County Court has original jurisdiction in hearings concerning the impoundment of motor vehicles.

With respect to criminal matters, state statutes provide that the County Court shall have concurrent original jurisdiction with the District Court in criminal actions for violations of state statutes which constitute misdemeanors, misdemeanor traffic offenses, or petty offenses (except certain actions involving children over which the juvenile division of the District Court has exclusive jurisdiction); criminal actions for violations of county ordinances; issuance of arrest warrants and search warrants; the conduct of felony preliminary hearings and the issuance of felony bindover orders, and the admission to bail in felonies and misdemeanors.

A County Court Referee normally presides over the Small Claims Division of the County Court, and hears civil actions in which the debt, damage, injury, or value of personal property claimed does not exceed $5,000. Parties may not be represented by attorneys in the Small Claims Division, but if the defendant wishes to be represented by an attorney, the case is transferred before a County Court Judge, where the plaintiff may also choose to be so represented; jury trials are not permitted, and judges or referees hearing the cases are not bound by formal rules of procedure or evidence other than those adopted by the Supreme Court specifically for the Small Claims division.

With respect to appellate jurisdiction, state statutes provide that appeals from municipal courts which are not "qualified courts of record" shall be to the County Court.

An appeal from a County Court decision may be taken to the District Court. Further review of the District Court's decision by the Supreme Court may be had only upon writ of certiorari issued at the discretion of the Supreme Court.

The Weld County Court presently has three full-time judges, plus one referee. County Courts, with the exception of the Denver County Court, are funded exclusively by the State of Colorado.

District Court
The District Courts are Colorado's trial courts of general jurisdiction. By statute, the state is divided into twenty-two judicial districts, and each district has one or more District Judges and serves one or more counties. Weld County is the only county in the Nineteenth Judicial District, and presently has four District Judges, plus two full-time District Court Magistrates.

With respect to civil matters, the District Court has exclusive jurisdiction in all cases in which the debt, damage, or the value of the property claimed exceeds $10,000; matters of probate (wills and estates); matters of mental health, including commitment, restoration to competence, and the appointment of conservators; matters of dissolution of marriage, declaration of invalidity of marriage, and legal separation; matters affecting children, including custody, support, guardianship, adoption, dependency, or delinquency; matters affecting boundaries or title to real property; and original proceedings for the issuance of certain injunctions. In addition, the District Court as concurrent original jurisdiction of matters within the jurisdiction of the County Court.

With respect to criminal matters, the District Court has exclusive jurisdiction over felony cases. A felony is a crime punishable by imprisonment in the state penitentiary, or by death. In addition, the District Court has concurrent original jurisdiction of criminal matters within the jurisdiction of the County Court.

With respect to appellate jurisdiction, the District Court decides appeals from decisions of the County Court, and from judgments of municipal courts which are "qualified courts of record". In addition, state statutes provide that the actions of certain board, commissions, and officers may be appealed to the District Court after appropriate administrative remedies have been exhausted.

An appeal from a District Court decision may be to the Colorado Court of Appeals or the Colorado Supreme Court, depending upon the type of case involved.

Water Court
Colorado has seven Water Courts, one in each of the major river basins (the South Platte, the Arkansas, the Rio Grande, the Gunnison, the Colorado, the White and the San Juan Rivers). The Water Court is a division of the District Court, and a District Judge from within each Water Division is appointed by the Supreme Court to act as Water Judge. The Water Court for Water Division 1 is located in Greeley, and the Water Judge is a District Judge for the Nineteenth Judicial District. Other personnel are the Clerk of the Water Court and a full-time Water Referee.

The Water Court has exclusive jurisdiction of water rights, their adjudication, and litigation concerning such rights. There are not jury trials in the Water Courts, and all appeals from decisions of the water judges are filed directly with the Colorado Supreme Court.

Court of Appeals
The Court of Appeals is composed of sixteen judges, who must be qualified electors of the state and licensed to practice law in this state for at least five years. The court sits in divisions of three judges to hear and determine all matters before it. The Chief Justice of the Supreme Court appoints one judge of the Court of Appeals to be Chief Judge.

The Court of Appeals has initial appellate jurisdiction, with exceptions, over appeals from the District Courts, and from the Juvenile Court of the City and County of Denver. In addition, the Court has initial jurisdiction over appeals from certain final orders of sixteen state agencies and boards.

Appeals of the decisions of the Court of Appeals are directed to the Supreme Court, which may, in its discretion, agree to consider the appeal.

The Supreme Court
The Colorado Supreme Court is composed of seven justices, who must be qualified electors of the state and licensed to practice law in this state for at least five years. A Chief Justice is elected by the court from its membership. In addition to its judicial duties, the Supreme Court has supervisory and administrative responsibilities over all other state courts and over all attorneys practicing law in Colorado.

Generally, the Supreme Court's original jurisdiction is restricted to special writs. The Supreme Court has initial appellate jurisdiction over cases in which the constitutionality of a statute, a municipal charter provision, or an ordinance is in question; cases concerned with decisions or actions of the Public Utilities Commission; writs of habeas corpus; water cases involving priorities or adjudications; and summary proceedings initiated under the Election Code. The Supreme Court also may, in its discretion, agree to consider appeals from decisions of the Court of Appeals or a District Court.

JUDGES

Selection
The people of Colorado passed a constitutional amendment in 1966, which established a system in which applicants for District and County Court judgeships are screened by local nominating commissions in each judicial district. Judicial District Nominating Commissions are made up of three lawyers and four non-lawyers, and no political party may have a majority of more than one on a commission. Applicants for the Supreme Court and the Court of Appeals are screened by a state-wide Supreme Court Nominating Commission made up of five lawyers and six non-lawyers, and no political party may have a majority of more than one member. A Justice of the Supreme Court presides over each nominating commission, but has no vote.

Judges of the Weld County Court must reside in the county, be licensed to practice law in this state, devote their full time to judicial duties, and shall not engage in the private practice of law.

Judges of the District Court must reside in the judicial district, and have been licensed to practice law in this state for five years. The Judicial Nominating Commission, after interviewing all applicants, submits two or three names to the Governor, who then fills the judicial vacancy by appointment.

Retention
Newly-appointed judges and justices serve an initial term of two years, when they must then run for retention in office in the next general election on non-political and non-competitive ballots. If a majority of votes are affirmative, the judge is retained in office for a full term. A County Court judge serves a four-year term, a District Court judge a six-year term, a Court of Appeals judge an eight-year term, and a Supreme Court justice a ten-year term.

Discipline
The Constitution also provides for a Commission on Judicial Discipline, consisting of ten members, with authority to dismiss a complaint or to recommend to the Supreme Court that a judge, or justice be reprimanded, censured, suspended, removed from office, or retired for physical or mental disability.

The Commission does not have the authority to reconsider or review the correctness of judicial orders, decrees or judgments. Its jurisdiction is strictly limited to complaints asserting misconduct in office, persistent failure to perform judicial duties, intemperance, disability interfering with the performance of judicial duties, or violations of the Code of Judicial Conduct.

Retirement
A judge may retire with full retirement benefits upon reaching age sixty, with twenty years of service. On attaining the age of seventy-two, a justice or judge must retire.

Visiting And Senior Judges
The judges of Colorado's trial courts are assisted in their work by both visiting judges from other courts, and senior (retired) judges. Under the Colorado Constitution, the Chief Justice may assign a sitting judge to another court when such assignment would facilitate the disposition of judicial business. Senior judges maybe assigned to temporary judicial duties and are compensated at the daily rate of a regular full-time sitting judge. Eligible senior judges who agree to serve sixty days of temporary service during a twelve-month period, receive additional retirement income equal to 20 percent of the current salary of the position from which they retired.

Senior and visiting judges are appointed for a variety of reasons, including accumulation of judicial business, illness or death of an active judge, and the disqualification of one or more judges. Both senior and visiting judges greatly facilitate case processing in the Colorado courts by providing their expertise in emergencies.

Court Personnel
Personnel within the court system are specified and their qualifications are outlined by state regulations. The Judicial District Administrator is the overall coordinator for county and district courts and the probation department. The Judicial District Administrator must have a degree in Public Administration or in business. Each District Judge has three personal employees: court reporter, division clerk, and a bailiff law clerk or an assistant division clerk. The court reporter is the one certified to keep a verbatim record of court proceedings. The division clerk is present at every hearing, swears in witnesses, and prepares a synopsis of each hearing for the case file. The County Judges share a bailiff and each has a division clerk. A verbatim record of county court proceedings is kept by tape recordings.

The Clerk of the Court is responsible for all money and all records of that court, and for supervision of deputy clerks. In addition, the Clerk of Court is responsible for exhibits used in the trial after the trial has ended.

A Jury Commissioner, who is also a deputy clerk of the District Court in Weld County, compiles lists of names of prospective jurors for cases in the District Court and County Court and is responsible for notification of jurors to appear for jury duty in both courts.

Jurors:
The Jury Commissioner orders panels of jurors for cases in the district court and county court. Jury Service is open to all citizens of Weld County who meet the qualifications listed below. Currently names empaneled for juries are drawn from voter registration, Colorado driver's licenses, and Colorado I.D.'s. The Jury Commissioner will look at the trial calendar about six weeks in advance and determine how many jurors will be needed for that particular week. Selection of these names is accomplished through a computer in Denver where the summons are then issued, printed and mailed after the Jury Commissioner has requested, via computer, the number of jurors that will be needed for the week.

Qualifications:

• You are 18 years of age or older.
• You reside in the county or municipality from which you have been summoned. You are a citizen of the United States.
• You can read, speak and understand the English language.
• You have not appeared at a courthouse for juror service for 5 days or more in the past 12 months.
• You do not have sole responsibility for the daily care of a permanently disabled person living in the same household, where your juror service would cause substantial risk of injury to the health of the disabled person. (If you do, you may be required to submit a statement from your doctor or authorized Christian Science practitioner to the jury commissioner as soon as possible after receipt of this summons before you may be disqualified.)
• You do not have a physical or mental disability that would affect your ability to serve as a juror. (If you do, you may be required to submit a statement from your doctor or authorized Christian Science practitioner to the jury commissioner as soon as possible after receipt of this summons before you may be disqualified.).

If you do not quality to serve because of any of the reasons listed above, you should discuss your situation with the Jury Commissioner. You may be required to provide written proof of disqualification. By law, there are no economic, age-related or occupational exclusions from jury service. Persons convicted of felonies are still eligible for jury service unless they are incarcerated at the time of their summons.

Juror Fees
Jurors are paid under sections 13-71-126,127, 128, 129, Colorado Revised Statutes:

• Employed Jurors are paid by employers for the first three days of juror service.
• Unemployed jurors may ask the court for reasonable expenses for the first three days of juror service.
• Receipts for expenses may be required by the jury commissioner no later that three days after reporting for juror service.
• The state pays county and district court jurors $50 per day after the third day of actual juror service.
• When appropriate, a check will be mailed to you approximately six weeks after your juror service as been completed.

Grand Jury:
By statute, a district judge may authorize the calling of a grand jury whenever it is deemed necessary in the public interest. The grand jury is an investigative body or jury of inquiry which returns either a true or clean bill or an indictment. When a grand jury is called, it may, in addition to dealing with the particular problem involved, investigate schools, county buildings, and the office of the county treasurer.

A grand jury consists of 12 persons; the assent of nine jurors is necessary for the returning of a true bill or an indictment. Upon motion of the district attorney and for good cause shown, the court may order a jury consisting of 23 members. The assent of 12 members is then necessary for the returning of a true bill or an indictment. Indictments handed down by a grand jury are filed in the courts through the office of the district attorney.

In drawing the list of jurors for a grand jury, the court selects from the first 75 names on the current jury panel. A grand jury must be dismissed after 18 months.

Trial Jury:
A trial jury is formed for trial of facts in civil or criminal actions. In district court criminal juries consist of 12 persons, and civil juries of six. Each of these may include alternates. In county court civil and criminal matters, a jury consists of six persons. The decision made by a trial jury must be unanimous.

Coroner's Jury
A jury of six persons may be called by the county coroner to determine cause of death when substantial conflicting evidence on cause of death is presented. Names are called from the current county jury panel and jurors are paid at the county court rate.

Public Defender
In 1970, under state auspices, a public defender program was begun in Weld County. Presently eleven full-time public defenders, hired and paid a flat salary by the State of Colorado, handle about 90% of all the criminal defense work in Weld County.

A public defender must be an attorney licensed to practice in Colorado. He must devote his time solely to defending those accused of crimes who cannot afford counsel for their defense.

Interpreter
A full time bilingual interpreter is employed by the courts to assist Spanish speaking people.

Bail
Any individual not charged with a capital offense has a right to bail, the amount to be set by the court. Bail has five forms: cash, property worth double the amount of bail; professional or surety bonds which cost the accused up to 15% of the amount of bail; personal recognizance; personal recognizance with a cosigner.

PROBATION DEPARTMENT
The Nineteenth Judicial District Probation Department is comprised of fourteen programs under the supervision of the Chief Probation Officer. Those programs are:
Adult Supervision - Consists of a unit supervisor, five probation officers and 2.5 full time clerical.

Juvenile Supervision - Consists of a unit supervisor, four probation officers and one full time clerical.

Specialized Programs:
  Adult Intensive Supervision consists of 2.5 Probation Officers
  Adult Sex Offenders are supervised by one Probation Officer.
  Adult Sex Offender Intensive Supervision is manned by a .5 Officer.
  Offenders sentenced to Probation for Domestic Violence are supervised by one full time Officer.
  Defendants sentenced to Juvenile Intensive Supervision are supervised by one full time Officer.
  Juvenile Sex Offenders are supervised by one full time Officer.   Defendants sentenced to the Specialized Drug Offender Program are supervised by a. 5 Officer.
  Victims of crime in Weld County are assisted by one full time Victims' Assistance Coordinator.
  The department also employs one full time Community Liaison and one .75 Collections Investigator.
  The department's Volunteer/ Intern Program is a cooperative program that involves all officers and clerical staff. The volunteers/ interns provide a valuable service to the department and community at no cost. The department in turn, provides them with invaluable "hands on" experience which can be used as credit hours at area universities. Our program has been so successful, that a number of Volunteers have applied for and been hired as Probation Officers.

THE ASSESSMENT UNIT consists of
  Two full time Alcohol Evaluators.
  One full time Domestic Violence Investigator.
  Three full time Adult Investigating Officers.
  One full time Juvenile Investigating Officer.
  One full time Special Investigator who not only completes all 18-18-404's ordered by the Court, but can also conduct Alcohol Evaluations and Presentence Investigations for County and District Courts.   Clerical support for the unit consists of 2.5 full time employees.

The Probation Department conducts pre-sentence investigations, alcohol evaluations, 18-18-404 assessments, and domestic violence screenings, as ordered by the Courts. A Probation Officer is required to have a four-year college degree in social sciences, psychology, sociology or a related field and/or comparable experience. The administration of the Probation Department is under the Chief Probation Officer who is accountable to the Chief Judge of the l9th Judicial District.