C.R.S. 2023 Title 13

Colorado Revised Statutes 2023

TITLE 13

COURTS AND COURT PROCEDURE

COURTS OF RECORD

ARTICLE 1

General Provisions

Cross references: For the disposition of fines and fees levied and collected in state

courts, see § 30-10-102 (2); for the disposition of fines, penalties, or forfeitures collected

pursuant to title 42, see § 42-1-217.

Law reviews: For a discussion of Tenth Circuit decisions dealing with courts and

procedure, see 66 Den. U. L. Rev. 739 (1989); for a discussion of Tenth Circuit decisions

dealing with courts and procedure, see 67 Den. U. L. Rev. 675 (1990).

PART 1

ADMINISTRATIVE PROVISIONS

13-1-101. Clerks shall keep record books. The clerks of the courts of record in this

state shall keep in their respective offices suitable books for indexing the records of their said

offices, one to be known as the direct index and one as the inverse index.

Source: L. 1889: p. 107, § 1. R.S. 08: § 1392. C.L. § 5610. CSA: C. 46, § 1. CRS 53: §

37-1-1. C.R.S. 1963: § 37-1-1.

13-1-102. Entries in records. In said indexes, the clerks shall properly enter the title of

each cause or matter instituted in said courts and the case number references to the various

orders, rulings, judgments, papers, and other proceedings of the court in such cause or matter.

Any case number reference may be to a file jacket, page in a record book, microfilm record, or

computer record.

Source: L. 1889: p. 107, § 2. R.S. 08: § 1393. C.L. § 5611. CSA: C. 46, § 2. CRS 53: §

37-1-2. C.R.S. 1963: § 37-1-2. L. 79: Entire section amended, p. 596, § 1, effective July 1.

13-1-103. Lost or destroyed records. When the record of any judgment, or decree, or

other proceeding of any judicial court of this state, or any part of the record of any judicial

proceeding has been lost or destroyed, any party or person interested therein, on application by

complaint in writing under oath to such court and on showing to the satisfaction of such court

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that the same has been lost or destroyed without fault or negligence of the party or person

making such application, may obtain an order from such court authorizing the defect to be

supplied by a duly certified copy of the original record, where the same can be obtained, which

certificate shall thereafter have the same effect as the original record would have had in all

respects.

Source: L. 1889: p. 108, § 1. R.S. 08: § 1396. C.L. § 5614. CSA: C. 46, § 5. CRS 53: §

37-1-4. C.R.S. 1963: § 37-1-4.

13-1-104. Application for new order or record. When the loss or destruction of any

record or part thereof has happened, and such defects cannot be supplied as provided in section

13-1-103, any party or person interested therein may make a written application to the court to

which such record belonged, verified by affidavit, showing the loss or destruction thereof, and

that certified copies thereof cannot be obtained by the party or person making such application,

and the substance of the record so lost or destroyed, and that the loss or destruction occurred

without the fault or negligence of the party or person making such application, and that the loss

or destruction of the record, unless supplied, will or may result in damage to the party or person

making such application. The court shall cause said application to be entered of record in said

court, and due notice of said application shall be given by personal service of summons or by

publication as in other cases; except that, in cases in which publication is required, the court may

direct by order, to be entered of record, the form of the notice, and designate the newspaper in

which the same shall be published. If, upon such hearing, said court is satisfied that the

statements contained in said application are true, the court shall make an order embracing the

substance and effect of the lost or destroyed record, which order shall be entered of record in

said court and have the same effect which the original record would have had if the same had not

been lost or destroyed insofar as concerns the party or person making such application and the

persons who had been notified, as provided for in this section. The record in all cases where the

proceeding was in rem and no personal service was had may be supplied upon like notice, as

nearly as may be, as in the original proceeding.

Source: L. 1889: p. 108, § 2. R.S. 08: § 1397. C.L. § 5615. CSA: C. 46, § 6. CRS 53: §

37-1-5. C.R.S. 1963: § 37-1-5.

13-1-105. Procedure where probate records destroyed. In case of the destruction by

fire or otherwise of the records, or a part thereof, of any court having probate jurisdiction, the

court may proceed, upon its own motion or upon the application in writing of any party in

interest, to restore the records, papers, and proceedings of the court relating to the estate of

deceased persons, including recorded wills and wills probated or filed for probate in said court.

The power of restoration granted in this section shall also extend to the records, papers,

proceedings, and documents of any previous court of probate which are or should be in the

custody of a probate or district court. For the purpose of restoring said records, wills, papers, or

proceedings, or any part thereof, the court may cause citations to be issued to all parties to be

designated by it and may compel the attendance in court of any witness whose testimony may be

necessary to establish any such record, or part thereof, and the production of any and all written

and documentary evidence which it deems necessary in determining the true import and effect of

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the original record, will, paper, or other document belonging to the files of the court, and may

make such orders and decrees establishing such original record, will, paper, document, or

proceeding, or the substance thereof, as to it seems just and proper. The court may make all such

rules and regulations governing the proceedings for the restoration of the record, will, paper,

document, and proceeding pertaining to the court as in its judgment will best secure the rights

and protect the interests of all parties concerned.

Source: L. 1889: p. 109, § 3. R.S. 08: § 1398. C.L. § 5616. CSA: C. 46, § 7. CRS 53: §

37-1-6. C.R.S. 1963: § 37-1-6. L. 64: p. 224, § 56.

13-1-106. Certified copy of record in supreme court or court of appeals. In all causes

which have been removed to the supreme court of this state or to the court of appeals, a duly

certified copy of the record of such cause remaining in the supreme court or the court of appeals

may be filed in the court from which said cause was removed, on motion of any party or person

claiming to be interested therein, and the copy so filed shall have the same effect as the original

record would have had if the same had not been lost or destroyed.

Source: L. 1889: p. 110, § 4. R.S. 08: § 1399. C.L. § 5617. CSA: C. 46, § 8. CRS 53: §

37-1-7. C.R.S. 1963: § 37-1-7. L. 69: p. 269, § 3.

13-1-107. Costs of replacement. The person making the application for the restoration

of records shall pay all the costs thereof.

Source: L. 1897: p. 151, § 1. R.S. 08: § 1400. C.L. § 5621. CSA: C. 46, § 9. CRS 53: §

37-1-8. C.R.S. 1963: § 37-1-8.

13-1-108. Judge may order adjournment. When in the opinion of the judge of any

district or county court it is unnecessary or inadvisable to hold or convene any term of court

fixed by statute, he may by an order in writing signed by him and filed with the clerk of such

court adjourn the same sine die, or to a day certain, and the judges of said courts respectively

have power to adjourn said courts, from time to time as may seem advisable, by written order

signed and filed with the clerk of the court which may be so adjourned.

Source: L. 1897: p. 151, § 1. R.S. 08: § 1407. C.L. § 5621. CSA: C. 46, § 12. CRS 53:

§ 37-1-9. C.R.S. 1963: § 37-1-9.

13-1-109. Court may appoint trustee. In all actions in any court of record of this state

wherein any defendant is not found within the jurisdiction of the court and constructive service

alone is had, and which is brought for the enforcement of an express, implied, or resulting trust,

or for the removal of cloud from title to real estate, or for specific performance, or for the

establishment of a lost or destroyed deed, conveyance, or instrument in writing, or for the

establishment and proof of any conveyance, deed, or instrument in writing not properly proved

and acknowledged, or in any other proceeding in rem, or affecting only specific property, where,

according to the usual practice in courts of chancery, the court, if the defendant had been

personally served, might direct or decree any act to be done or performed by the defendant in

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favor of plaintiff, the court may appoint a trustee for such defendant to do and perform in the

place and stead of and for such defendant the acts required by the decree rendered in any such

cause. Any act lawfully done by such trustee, under and in pursuance of any such decree, shall

be as binding and effectual for all purposes as if done and performed by the defendant in

pursuance of such decree.

Source: L. 1887: p. 254, § 1. R.S. 08: § 1408. C.L. § 5622. CSA: C. 46, § 13. CRS 53:

§ 37-1-10. C.R.S. 1963: § 37-1-10.

13-1-110. Appeal bond defective or insufficient. If, at any time pending an appeal in

any action, suit, or other proceeding, it appears to the appellate court that the appeal bond or

undertaking is defective or insufficient or that any surety thereon has died, or has removed or is

about to remove from this state, or has become or is likely to become insolvent, such appellate

court shall order another appeal bond or undertaking, or such other and further security as to the

appellate court seems proper, if the appellant or his attorney of record has been served with at

least twenty-four hours' written notice of an application of the appellee for such order. If the

appellant fails to comply with said order within ten days after the making of the same, the appeal

shall be dismissed.

Source: L. 19: p. 113, § 1. C.L. § 5623. CSA: C. 46, § 14. CRS 53: § 37-1-11. C.R.S.

1963: § 37-1-11. L. 87: Entire section amended, p. 1575, § 11, effective July 10.

13-1-111. Courts of record. (1) Each of the following courts shall have a seal and shall

be a court of record:

(a) The supreme court;

(b) The district courts;

(d) The juvenile court in the city and county of Denver;

(e) The probate court in the city and county of Denver;

(f) Any court established by law and expressly denominated a court of record;

(g) Repealed.

(h) The court of appeals.

Source: L. 1887: p. 212, § 412. Code 08: § 447. Code 21: § 449. Code 35: § 449. CRS

53: § 37-1-12. C.R.S. 1963: § 37-1-12. L. 64: p. 224, § 57. L. 72: p. 590, § 53. L. 77: (1)(h)

added, p. 279, § 24, effective June 29. L. 79: IP(1) amended, p. 596, § 2, effective July 1. L. 85:

(1)(g) repealed, p. 572, § 12, effective November 14, 1986.

13-1-112. Clerk to keep seal. The clerk of each court of record shall keep the seal

thereof.

Source: L. 1887: p. 212, § 413. Code 08: § 448. Code 21: § 450. Code 35: § 450. CRS

53: § 37-1-13. C.R.S. 1963: § 37-1-13.

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13-1-113. Seal - how attached. (1) A seal of a court or public officer, when required on

any writ, process, or proceeding or to authenticate a copy of any record or document, may be

impressed with wax, wafer, or any other substance and then attached to the writ, process, or

proceeding or to the copy of the record or document, or it may be impressed on the paper alone

or electronically attached to or logically associated with an electronic record or document. When

jury summonses, subpoenas, or subpoenas duces tecum are prepared by means of mechanical

reproduction, the seal of the summoning court may be printed thereon instead of being

impressed.

(2) A seal may also consist of a rubber stamp with a facsimile affixed thereon of the seal

required to be used and may be placed or stamped upon the document requiring the seal with

indelible ink.

Source: L. 1887: p. 198, § 362. Code 08: § 396. Code 21: § 397. Code 35: § 397. CRS

53: § 37-1-14. C.R.S. 1963: § 37-1-14. L. 67: p. 70, § 1. L. 75: Entire section R&RE, p. 489, §

4, effective July 14. L. 80: (1) amended, p. 506, § 1, effective March 25. L. 2011: (1) amended,

(HB 11-1018), ch. 18, p. 46, § 1, effective March 11.

13-1-114. Powers of court. (1) Every court has power:

(a) To preserve and enforce order in its immediate presence;

(b) To enforce order in the proceedings before it or before a person empowered to

conduct a judicial investigation under its authority;

orders of its judge out of court in action or proceeding pending therein;

(d) To control, in furtherance of justice, the conduct of its ministerial officers; and

(e) To preserve access to courthouses and court proceedings, prevent interruption of

court proceedings, and enforce protection from civil arrest at a courthouse or on its environs

pursuant to section 13-1-403.

(2) Any judge of any court, when he reasonably believes that there is a risk of violence

in the court, shall immediately advise the law enforcement agency designated to provide security

for the court, and the law enforcement agency shall determine and provide appropriate security

measures consistent with the degree of risk present. For the purpose of this subsection (2), a

district or county judge shall have the assistance of the county sheriff, and a municipal judge

shall have the assistance of the municipal police department. The court shall have discretion to

assess all or part of the expense incurred in implementing such security measures as costs to be

paid by the party or parties or other person or persons determined by the court to have

necessitated such security measures.

(3) Any county sheriff or municipal peace officer providing security for persons

involved in judicial proceedings in courts pursuant to subsection (2) of this section shall be

immune from civil liability for damages except for gross negligence or reckless, wanton, or

intentional misconduct.

Source: L. 1887: p. 216, § 428. Code 08: § 463. Code 21: § 464. Code 35: § 464. CRS

53: § 37-1-15. C.R.S. 1963: § 37-1-15. L. 86: (2) and (3) added, p. 673, § 1, effective July 1. L.

2020: (1)(d) amended and (1)(e) added, (SB 20-083), ch. 63, p. 218, § 2, effective March 23.

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13-1-115. Courts may issue proper writs. The courts have power to issue all writs

necessary and proper to the complete exercise of the power conferred on them by the

constitution and laws of this state. The district courts have authority in ne exeat proceedings

according to the usual practice in such cases in courts of chancery.

Source: L. 1887: p. 217, § 434. L. 1891: p. 85, § 1. Code 08: § 469. Code 21: § 470.

Code 35: § 470. CRS 53: § 37-1-16. C.R.S. 1963: § 37-1-16.

13-1-116. Courts sit at county seat. Every court of record shall sit at the county seat of

the county in which it is held, except as may be otherwise provided by law.

Source: L. 1887: p. 214, § 418. Code 08: § 453. Code 21: § 455. Code 35: § 455. CRS

53: § 37-1-18. C.R.S. 1963: § 37-1-18.

13-1-117. Juridical days. The courts of justice may be held and judicial business may be

transacted on any day except as provided in section 13-1-118.

Source: L. 1887: p. 213, § 415. Code 08: § 450. Code 21: § 452. Code 35: § 452. CRS

53: § 37-1-19. C.R.S. 1963: § 37-1-19.

13-1-118. Judicial holidays. (1) No court shall be opened nor shall any judicial business

be transacted on Sunday or any legal holiday except for the following purposes:

(a) To give, upon their request, instruction to a jury then deliberating on their verdict;

(b) To receive a verdict or discharge a jury;

criminal nature;

(d) When it appears by the affidavit of the plaintiff, or someone in his behalf, in cases

for the recovery of specific personal property, that the defendant is about to conceal, dispose of,

or remove such property out of the jurisdiction of the court, an order for taking possession of the

same may be issued and the writ or process executed on any day;

(e) When an application for writ of attachment is made, if it shall appear by the affidavit

of the plaintiff, or someone in his behalf, that the defendant is about to dispose of, conceal, or

remove property subject to execution or attachment out of the jurisdiction of the court, a writ of

attachment may be issued and executed on any day.

(2) When the day fixed for the opening of a court falls on any of the days mentioned in

this section, the court shall stand adjourned until the next succeeding day.

Source: L. 1887: p. 213, § 416. Code 08: § 451. Code 21: §§ 451, 453. Code 35: § 453.

CRS 53: § 37-1-20. C.R.S. 1963: § 37-1-20.

13-1-119. Judgment record and register of actions open for inspection. The judgment

record and register of actions shall be open at all times during office hours for the inspection of

the public without charge, and it is the duty of the clerk to arrange the several records kept by

him in such manner as to facilitate their inspection. In addition to paper records, such

information may also be presented on microfilm or computer terminal.

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Source: L. 1887: p. 166, § 231. Code 08: § 250. Code 21: § 251. Code 35: § 251. CRS

53: § 37-1-21. C.R.S. 1963: § 37-1-21. L. 79: Entire section amended, p. 596, § 3, effective July

13-1-119.5. Electronic access to name index and register of actions. (1) Statewide

electronic read-only access to the name index and register of actions of public case types must be

made available to the following agencies or attorneys appointed by the court:

(a) County departments, as defined in section 19-1-103, and attorneys who represent the

county departments as county attorneys, as defined in section 19-1-103, as it relates to the

attorneys' work representing the county;

(b) The office of the state public defender, created in section 21-1-101, C.R.S.;

representative, created in section 13-91-104, or authorized by the office of the child's

representative to act as a guardian ad litem or counsel for youth, as it relates to a case in which

they are appointed by the court;

(d) Attorneys under contract with the office of the alternate defense counsel, created in

section 21-2-101, C.R.S., as it relates to a case in which they are appointed by the court;

(e) A respondent parent's counsel under contract with the office of the respondent

parents' counsel, created in section 13-92-103, or authorized by the office of the respondent

parents' counsel to act as a respondent parent's counsel, as it relates to a case in which they are

appointed by the court;

(f) Criminal justice agencies as described in section 24-72-302 (3); and

(g) A licensed attorney working with a nonprofit association pursuant to the provisions

of section 19-1-304 (7)(f).

(2) The supreme court may adopt rules regarding access to the name index and register

of actions, including rules identifying confidential information maintained in the system and

state requirements for using the confidential information. All agencies with access pursuant to

subsection (1) of this section shall ensure that individuals who use the system receive training on

appropriate usage and confidentiality of register of action information. Additionally, the state

court administrator may monitor the use of the system and information through audits and the

review of ad hoc queries or reports.

Source: L. 2008: Entire section added, p. 1240, § 1, effective August 5. L. 2016: IP(1)

and (1)(e) amended, (HB 16-1193), ch. 81, p. 207, § 1, effective July 1. L. 2017: (1)(e) and

(1)(f) amended and (1)(g) added, (HB 17-1204), ch. 206, p. 785, § 8, effective November 1. L.

2021: (1)(a) amended, (SB 21-059), ch. 136, p. 708, § 5, effective October 1. L. 2022: (1)(c)

amended, (HB 22-1038), ch. 92, p. 438, § 16, effective January 9, 2023.

Cross references: For the legislative declaration in HB 22-1038, see section 1 of chapter

92, Session Laws of Colorado 2022.

13-1-120. Proceedings in English - abbreviations. Every written proceeding in a court

of justice in this state, or before a judicial officer, shall be in the English language, but such

abbreviations as are now commonly used in that language may be used, and numbers expressed

by figures or numerals in the customary manner.

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Source: L. 1887: p. 212, § 411. Code 08: § 446. Code 21: § 448. Code 35: § 448. CRS

53: § 37-1-22. C.R.S. 1963: § 37-1-22.

13-1-121. Action not affected by vacancy. No action or proceeding in a court of justice

in this state shall be affected by a vacancy in the office of any of the judges, or by failure of a

term thereof.

Source: L. 1887: p. 212, § 410. Code 08: § 445. Code 21: § 447. Code 35: § 447. CRS

53: § 37-1-23. C.R.S. 1963: § 37-1-23.

13-1-122. When judge shall not act unless by consent. A judge shall not act as such in

any of the following cases: In an action or proceeding to which he is a party, or in which he is

interested; when he is related to either party by consanguinity or affinity in the third degree; or

when he has been attorney or counsel for either party in the action or proceeding, unless by

consent of all parties to the action.

Source: L. 1887: p. 216, § 429. Code 08: § 464. Code 21: § 465. Code 35: § 465. CRS

53: § 37-1-24. C.R.S. 1963: § 37-1-24.

13-1-123. Transfer of civil actions. When in any civil action pending in any court of

record, whether filed as a special statutory proceeding, or otherwise, if for any reason the

proceedings could be more expeditiously continued in another county, with the express consent

of all parties, the court may order the cause transferred to any other county wherein the court

finds the proceedings could be more expeditiously continued. No additional docket fee shall be

required. Upon such a transfer being ordered, the clerk shall transfer all files, books, and records

of the cause, or, if that is not practicable, he shall make, at the expense of the parties, and send to

the clerk of the court to which the cause is transferred a certified copy of all records in the cause

which are necessary for the continuation of the proceedings in the court to which such cause is

transferred, and the cause shall continue in the court to which it is transferred with the same

effect and force as though such cause were originally docketed in such court.

Source: L. 59: p. 349, § 1. CRS 53: § 37-1-25. C.R.S. 1963: § 37-1-25.

Cross references: For venue and change of venue generally, see C.R.C.P. 98.

13-1-123.5. Transfer of venue - actions involving related persons. In addition to the

authority to change venue granted by sections 19-2.5-104 and 19-3-201 for good cause shown, a

court, on its own motion, on the motion of another court in this state, or on the motion of a party

or guardian ad litem, may order the transfer of a pending action brought pursuant to title 14 or

title 19 or rule 365 of the Colorado rules of county court civil procedure to a court in another

county when there is an action pending in the other county that names the parent, guardian, or

legal custodian of a child who is the subject of the action brought pursuant to title 14 or title 19.

The county to which the action is being transferred must be one in which venue is proper. Upon

an order for such transfer, the transferring court shall notify all parties of the transfer and

transmit all documents to the receiving court. The transferred action continues in the court to

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which it is transferred with the same force and effect as though originally docketed in the

receiving court.

Source: L. 95: Entire section added, p. 46, § 1, effective January 1, 1996. L. 96: Entire

section amended, p. 1687, § 13, effective January 1, 1997. L. 2021: Entire section amended, (SB

21-059), ch. 136, p. 708, § 6, effective October 1.

13-1-124. Jurisdiction of courts. (1) Engaging in any act enumerated in this section by

any person, whether or not a resident of the state of Colorado, either in person or by an agent,

submits such person and, if a natural person, such person's personal representative to the

jurisdiction of the courts of this state concerning any cause of action arising from:

(a) The transaction of any business within this state;

(b) The commission of a tortious act within this state;

(d) Contracting to insure any person, property, or risk residing or located within this

state at the time of contracting;

(e) The maintenance of a matrimonial domicile within this state with respect to all issues

relating to obligations for support to children and spouse in any action for dissolution of

marriage, legal separation, declaration of invalidity of marriage, or support of children if one of

the parties of the marriage continues without interruption to be domiciled within the state;

(f) The engaging of sexual intercourse in this state as to an action brought under article 4

or article 6 of title 19, C.R.S., with respect to a child who may have been conceived by that act

of intercourse, as set forth in verified petition; or

(g) The entering into of an agreement pursuant to part 2 or 5 of article 22 of this title.

Source: L. 65: p. 472, § 1. C.R.S. 1963: § 37-1-26. L. 82: (1)(c) and (1)(d) amended and

(1)(e) added, p. 280, § 1, effective April 2. L. 91: (1)(f) added, p. 248, § 2, effective July 1. L.

93: Entire section amended, p. 359, § 1, effective July 1.

13-1-125. Service of process. (1) Service of process upon any person subject to the

jurisdiction of the courts of Colorado may be made by personally serving the summons upon the

defendant or respondent outside this state, in the manner prescribed by the Colorado rules of

civil procedure, with the same force and effect as if the summons had been personally served

within this state.

(2) No service of any summons or other process upon any corporation shall be made

outside the state in the manner provided in subsection (1) of this section when such corporation

maintains an agent for process upon whom service may be made as provided in rule 4 of the

Colorado rules of civil procedure.

(3) Nothing in this section shall limit or affect the right to serve any process as

prescribed by the Colorado rules of civil procedure.

Source: L. 65: p. 472, § 2. C.R.S. 1963: § 37-1-27. L. 82: p. 280, § 2.

Cross references: For the manner of service, see C.R.C.P. 4.

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13-1-126. Documents in court proceedings - designation by clerk of representative to

attend court proceedings. Documents from the office of the clerk of any court of record to be

used as evidence in court proceedings shall be acknowledged, exemplified, verified, or attested

to in a manner which shall make unnecessary the personal appearance of such clerk in court

proceedings to acknowledge, exemplify, verify, or attest to the validity of such documents. The

clerk of any court of record may designate a representative to attend court proceedings if the

clerk is subpoenaed for the purpose of acknowledging, exemplifying, verifying, or attesting to

the validity of documents furnished by the clerk's office.

Source: L. 79: Entire section added, p. 596, § 4, effective July 1.

13-1-127. Entities - school districts - legislative declaration - representation -

definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Closely held entity" means an entity, as defined in section 7-90-102 (20), C.R.S.,

with no more than three owners.

(a.2) "Cooperative" shall have the same meaning as set forth in section 7-90-102 (9),

C.R.S.

(a.5) "Corporate licensed child placement agency" means an entity that places, or

arranges for placement of, the care of any child with any family, person, or institution other than

persons related to said child and that is licensed by the department of human services pursuant to

section 26-6-905 as a child placement agency.

(b) "Corporation" shall have the same meaning as set forth in section 7-90-102 (10),

C.R.S.

(d) "Limited liability company" shall have the same meaning as set forth in section

7-90-102 (32), C.R.S.

(e) "Limited partnership" shall have the same meaning as set forth in section 7-90-102

(34), C.R.S.

(f) "Limited partnership association" shall have the same meaning as set forth in section

7-90-102 (35), C.R.S.

(g) "Nonprofit association" shall have the same meaning as set forth in section 7-90-102

(38), C.R.S.

(h) "Nonprofit corporation" shall have the same meaning as set forth in section 7-90-102

(39), C.R.S.

(i) "Officer" means a person generally or specifically authorized by an entity to take any

action contemplated by this section.

(j) "Owner" shall have the same meaning as set forth in section 7-90-102 (43), C.R.S.

(k) "School district" means a school district organized and existing pursuant to law but

does not include a local college district.

(l) "Truancy proceedings" means judicial proceedings for the enforcement of the

"School Attendance Law of 1963", article 33 of title 22, C.R.S., brought pursuant to section

22-33-108, C.R.S.

(2) Except as otherwise provided in section 13-6-407, a closely held entity may be

represented before any court of record or any administrative agency by an officer of such closely

held entity if:

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(a) The amount at issue in the controversy or matter before the court or agency does not

exceed fifteen thousand dollars, exclusive of costs, interest, or statutory penalties, on and after

August 7, 2013; and

(b) The officer provides the court or agency, at or prior to the trial or hearing, with

evidence satisfactory to the court or agency of the authority of the officer to appear on behalf of

the closely held entity in all matters within the jurisdictional limits set forth in this section.

(2.3) For the purposes of this section, each of the following persons shall be presumed to

have the authority to appear on behalf of the closely held entity upon providing evidence of the

person's holding the specified office or status:

(a) An officer of a cooperative, corporation, or nonprofit corporation;

(b) A general partner of a partnership or of a limited partnership;

reserved; and

(d) A member of a limited partnership association.

(2.5) (a) The general assembly hereby finds and determines that the practice of law

should not include the representation of a corporation in workers' compensation proceedings by

an authorized employee of such corporation. While the general assembly respectfully recognizes

the jurisdiction of the supreme court with respect to the regulation of the practice of law, it

hereby finds and declares that the representation of a corporation in workers' compensation cases

by an authorized employee of that corporation does not constitute the unauthorized practice of

law. The general assembly has determined that the decision of a president or secretary of a

corporation to have a corporate employee represent the corporation in a workers' compensation

case is a business decision made voluntarily and knowingly by persons who are qualified and

accustomed to making business decisions. The general assembly has further determined that

allowing such representation will not hamper the orderly and proper disposition of workers'

compensation cases and may expedite and facilitate such disposition. An employee of a

defendant corporation with experience in the operations of such corporation and knowledge of

the necessary facts and law can afford a defendant corporation with representation which is the

substantial equivalent to, and may in some cases, be more effective than, a licensed attorney. The

general assembly hereby declares that the protections afforded by the restrictions set forth by the

supreme court with respect to the unauthorized practice of law are unnecessary for the described

form of representation because the general public is not likely to be harmed by such

representation. Further, the general assembly respectfully recommends that the supreme court

adopt rules which permit and regulate such representation in which event the general assembly

may choose to repeal this statute in deference to the supreme court's rules.

(b) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section

concerning the amount at issue, any corporation which is in compliance with the requirements

otherwise imposed on corporations by law may be represented by any employee of the

corporation who is so authorized by the president or secretary of such corporation, in

proceedings authorized under the "Workers' Compensation Act of Colorado", articles 40 to 47 of

title 8, C.R.S., exclusive of proceedings before the industrial claim appeals office under part 3 of

article 43 of title 8, C.R.S., appeals to the court of appeals under section 8-43-307, C.R.S., and

summary reviews by the supreme court under section 8-43-313, C.R.S.

(3) The court may rely upon a written resolution of a closely held entity that allows a

named officer to appear in the closely held entity's behalf.

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(4) A closely held entity's exercise of the option authorized by this section to be

represented by an officer shall not alone be construed to establish personal liability of the

representing officer or any other officer, director, owner, or shareholder for action taken by that

closely held entity.

(5) A corporate licensed child placement agency, as defined in paragraph (a.5) of

subsection (1) of this section, that is in compliance with the requirements otherwise imposed on

closely held entities by law, may be represented by any named officer or designated agent of the

agency in any proceeding involving the termination of the parent-child relationship pursuant to

the "Colorado Children's Code", title 19, C.R.S., or in any proceeding involving a petition for

adoption pursuant to section 19-5-208, C.R.S.

(6) Nothing in this section shall be interpreted to restrict the classes of persons who, or

circumstances in which persons, may be represented by other persons, or may appear in person,

before Colorado courts or administrative agencies.

(7) (a) A school district board of education may authorize, by resolution, one or more

employees of the school district to represent the school district in truancy proceedings in any

court of competent jurisdiction; except that the authorization of the board of education shall not

extend to representation of the school district before a court of appeals or before the Colorado

supreme court.

(b) A court may rely on the written resolution of the school district board of education

that authorizes the named employee to represent the school district in truancy proceedings.

pursuant to the provisions of this subsection (7) shall not be subject to the provisions of section

13-93-108.

(d) A school district board of education's exercise of the option authorized by this

section to be represented in truancy proceedings by an employee shall not alone be construed to

establish personal liability of the representing employee or any other employee or a school

director of the school district for action taken by the school district.

Source: L. 83: Entire section added, p. 598, § 1, effective May 25. L. 84: (1)(c)

amended, p. 450, § 1, effective March 16. L. 90: IP(2) and (2)(a) amended, p. 849, § 3, effective

May 31; (2)(a) amended, p. 854, § 1, effective July 1. L. 91: (2.5) added, p. 1285, § 1, effective

April 14. L. 92: (1)(a.5) and (5) added, pp. 179, 180, §§ 2, 3, effective March 20; (2.5) amended,

p. 276, § 1, effective April 14. L. 94: (1)(a.5) amended, p. 2639, § 85, effective July 1. L. 98:

(1), (2), (3), (4), and (5) amended and (2.3) and (6) added, p. 489, § 1, effective February 1,

1999. L. 2007: (1)(k), (1)(l), and (7) added, pp. 165, 164, §§ 2, 1, effective March 22. L. 2013:

(2)(a) amended, (HB 13-1052), ch. 40, p. 111, § 1, effective August 7. L. 2017: (7)(c) amended,

(SB 17-227), ch. 192, p. 704, § 4, effective August 9. L. 2022: (1)(a.5) amended, (HB 22-1295),

ch. 123, p. 827, § 24, effective July 1.

Cross references: (1) For representation of corporations in the small claims division of

county court, see § 13-6-407.

(2) For the legislative declaration contained in the 1990 act amending the introductory

portion to subsection (2) and subsection (2)(a), see section 1 of chapter 100, Session Laws of

Colorado 1990. For the legislative declaration contained in the 1994 act amending subsection

(1)(a.5), see section 1 of chapter 345, Session Laws of Colorado 1994.

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13-1-128. Confidentiality of decisions of courts of record - violations - penalties -

repeal. (Repealed)

Source: L. 87: Entire section added, p. 539, § 1, effective July 1. L. 89: (4) amended, p.

827, § 31, effective July 1. L. 2002: (4) amended, p. 1487, § 120, effective October 1. L. 2021:

(5) added by revision, (SB 21-271), ch. 462, pp. 3157, 3331, §§ 154, 803.

Editor's note: Subsection (5) provided for the repeal of this section, effective March 1,

2022. (See L. 2021, pp. 3157, 3331.)

Cross references: For the legislative declaration contained in the 2002 act amending

subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002.

13-1-129. Preferential trial dates. (1) In any civil action filed in any court of record in

this state, the court shall grant a motion for a preferential trial date which is accompanied by

clear and convincing medical evidence concluding that a party suffers from an illness or

condition raising substantial medical doubt of survival of that party beyond one year and which

satisfies the court that the interests of justice will be served by granting such motion for a

preferential trial date.

(2) In any civil action filed in any court of record in this state, the court may grant a

motion for a preferential trial date upon the motion of a party who is a natural person at least

seventy years of age and a finding by the court that such claim is meritorious, unless the court

finds that such party does not have a substantial interest in the case as a whole.

(3) A motion under this section may be filed and served at any time when the case is at

issue and a party meets the requirements of subsection (1) or (2) of this section.

(4) Upon the granting of a motion for a preferential trial date, the court shall set the case

for trial not more than one hundred nineteen days from the date the motion was filed. The court

shall establish an accelerated discovery schedule in all such cases. No continuance shall be

granted beyond the one-hundred-nineteen-day period except for physical or mental disability of

a party or a party's attorney or upon a showing of other good cause. Any such continuance shall

be for no more than one hundred nineteen days, and only one such continuance shall be granted

to a party.

Source: L. 90: Entire section added, p. 858, § 1, effective July 1. L. 2012: (4) amended,

(SB 12-175), ch. 208, p. 822, § 1, effective July 1.

13-1-130. Reports of convictions to department of education. When a person is

convicted of, pleads nolo contendere to, or receives a deferred sentence for a felony and the

court knows the person is a current or former employee of a school district or a charter school in

this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22,

C.R.S., the court shall report such fact to the department of education.

Source: L. 90: Entire section added, p. 1025, § 4, effective July 1. L. 2000: Entire

section amended, p. 1843, § 22, effective August 2. L. 2003: Entire section amended, p. 2514, §

1, effective June 5.

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13-1-131. Speedy trial option in civil actions. If a trial date has not been fixed by the

court in any civil action within ninety days from the date the case is at issue, upon agreement of

all the parties, the parties may elect to have the matter heard by a master, appointed by the court

in accordance with the Colorado rules of civil procedure. When such a trial is held before a

master, the parties shall pay the costs of such trial, as allocated fairly among the parties by the

master. The master shall have all the powers of a judge.

Source: L. 90: Entire section added, p. 851, § 11, effective May 31.

Cross references: For the legislative declaration contained in the 1990 act enacting this

section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-1-132. Use of interactive audiovisual devices and communication technology in

court proceedings. (1) Except for trials, when the appearance of any person is required in any

court of this state, such appearance may be made by the use of an interactive audiovisual device.

An interactive audiovisual device shall operate so as to enable the person and the judge or

magistrate to view and converse with each other simultaneously.

(2) Notwithstanding any provision of this section, a judge or magistrate may order a

person to appear in court.

(3) A full record of such proceeding shall be made.

(3.5) (a) All Colorado courts, including municipal courts, shall make any criminal court

proceeding conducted in open court available for remote public viewing and listening in real

time, at no cost to the public, through an online platform, which may include a participatory web

conferencing platform, and post prominently on the court's website the links for remote

observation, unless:

(I) The courtroom does not have sufficient technological capability, such as a

participatory web conferencing platform, to make such proceedings available to the public for

remote observation;

(II) Members of the public have been excluded from the criminal proceeding by order of

the court;

(III) Technology, staffing, or internet issues limit or prevent remote observation; or

(IV) After a request by a party, witness, or victim, or on the court's own motion, the

court makes findings on the record based on the particular facts and circumstances of the case

that:

(A) There is a reasonable likelihood remote observation of live proceedings risks

compromising the safety of any person; the defendant's right to a fair trial, including violations

of sequestration orders; or the victim's rights pursuant to section 24-4.1-302.5 (1)(a); and

(B) There is no less restrictive alternative that preserves the public interest in remote

observation while mitigating the identified risk. As used in this subsection (3.5)(a)(IV)(B), "less

restrictive alternative" includes allowing remote audio-only observation while disabling video

observation or turning off remote observation for particular witnesses or discrete portions of the

proceeding.

(b) As used in this section, "risks compromising the safety" include risks to physical and

emotional safety, intimidation, and harassment.

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is no audio or visual recording, including photography or screenshots of the proceedings, without

explicit permission of the court. As used in this subsection (3.5)(c), "reasonable steps" must

include an on-screen warning that any recording of the proceedings without a court order,

including any screen capture, photograph, or audiovisual recording, is prohibited. "Reasonable

steps" may also include the court issuing an additional verbal or on-screen warning and

prohibiting remote observation by specific individuals whom the court has reason to believe may

violate this rule.

(d) When allowing remote observation, courts shall take reasonable steps to ensure no

audio or visual transmission of privileged, confidential communications occurs. To help

facilitate privileged, confidential communications in the courtroom, courts shall notify parties

and attorneys of the location of microphones and any ability to mute microphones. If the court

becomes aware that such transmissions occurred, the court shall work with the parties and

attorneys to prevent reoccurrence.

(e) If a proceeding subject to a sequestration order is made available for public remote

observation, the court shall take reasonable steps to ensure compliance with the sequestration

order and ensure the right to a fair trial, which may include:

(I) Announcing the sequestration order as frequently as necessary in open court;

(II) Requiring observers to identify themselves to ensure none are potential witnesses

and that any observers who are forbidden from discussing the case with witnesses know of that

obligation;

(III) At the request of a party, allowing the court or party to inquire of any witness, while

under oath and outside the presence of the jury, if the witness watched any portion of the

proceeding or discussed any portion of the proceeding with anyone prior to testifying; and

(IV) Terminating remote observation to protect the parties' right to a fair trial or to

ensure compliance with the sequestration order.

(f) For criminal courts that do not have sufficient existing staff or technological

capabilities to make proceedings available for remote observation as of the effective date of this

subsection (3.5), if the court subsequently obtains such staff and capabilities, the court must

comply with the provisions of this section within ninety days after obtaining such staff and

capabilities.

(g) This subsection (3.5) does not apply to juvenile delinquency cases pursuant to title

19 or to cases in which a juvenile has been charged by direct filing of information or an

indictment in district court pursuant to section 19-2.5-801 until the completion of a preliminary

hearing and completion of any hearing requesting to transfer the case to juvenile court pursuant

to section 19-2.5-801 (4).

(4) The supreme court may prescribe rules of procedure pursuant to section 13-2-109 to

implement this section.

Source: L. 92: Entire section added, p. 318, § 1, effective April 29. L. 2023: (3.5) added,

(HB 23-1182), ch. 426, p. 2505, § 2, effective September 1.

Cross references: For the legislative declaration in HB 23-1182, see section 1 of chapter

426, Session Laws of Colorado 2023.

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13-1-133. Use of recycled paper. (1) The general assembly finds and declares that there

is a need to expand upon existing laws which foster the effective and efficient management of

solid waste by requiring that certain documents submitted by attorneys-at-law to state courts of

record be submitted on recycled paper. The general assembly further finds that such expansion

will protect and enhance the environment and the health and safety of the citizens of Colorado.

(2) (a) (I) Except as provided in paragraph (b) of this subsection (2), no document shall

be submitted by an attorney to a court of record after January 1, 1994, unless such document is

submitted on recycled paper. The provisions of this section shall apply to all papers appended to

each such document.

(II) (A) Procedures adopted to implement the provisions of this section shall not impede

the conduct of court business nor create grounds for an additional cause of action or sanction.

(B) No document shall be refused by a court of record solely because it was not

submitted on recycled paper.

(b) Nothing in this section shall be construed to apply to:

(I) Photographs;

(II) An original document that was prepared or printed prior to January 1, 1994;

(III) A document that was not created at the direction or under the control of the

submitting attorney;

(IV) Facsimile copies otherwise permitted to be filed with a court of record in lieu of the

original document; however, if the original is also required to be filed, such original shall be

submitted in compliance with this section;

(V) Existing stocks of nonrecycled paper and preprinted forms acquired or printed prior

to January 1, 1994.

(3) The provisions of this section shall not be applicable if recycled paper is not readily

available.

(4) For purposes of this section, unless the context requires otherwise:

(a) "Attorney" means an attorney-at-law admitted to practice law before any court of

record in this state.

(b) "Courts of record" shall have the same meaning as set forth in section 13-1-111.

pleading by an attorney, which document is required or permitted to be filed with a clerk of court

concerning any action to be commenced or which is pending before a court of record.

(d) "Recycled paper" means paper with not less than fifty percent of its total weight

consisting of secondary and postconsumer waste and with not less than ten percent of such total

weight consisting of postconsumer waste.

Source: L. 93: Entire section added, p. 622, § 2, effective July 1.

Cross references: For further provisions concerning the purchase of recycled paper and

recycled products, see §§ 24-103-207, 25-16.5-102, and 30-11-109.5.

13-1-134. Court automation system - juvenile or domestic actions. (1) The general

assembly hereby finds, determines, and declares that the accurate and efficient exchange of

information between the courts and state family service agencies is beneficial in providing aid to

families in need in Colorado. Further, the general assembly declares that the use of a computer

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automation system to link the courts with each other and with state family service agencies for

the purpose of the exchange of information regarding families would aid in identifying and

providing services to families in need. It is for this reason that the general assembly has adopted

this section.

(2) (a) On or before January 15, 1996, the state court administrator shall establish and

administer a program for automation of the court computer technology systems in order to link

the juvenile courts and district courts involved in domestic actions around the state with each

other and with state family service agencies, including, but not limited to, the department of

human services, the juvenile probation department, law enforcement offices, and any other

agency involved in the investigation, evaluation, or provision of services to families involved in

domestic actions pursuant to title 19, C.R.S., and articles 4 and 10 of title 14, C.R.S. Said

automation system shall provide those parties linked to the system with automatic access to

information obtained by any one of the parties in regard to a family or family member involved

in said domestic actions; except that said automation system shall not include information which

is required to be kept confidential under any state or federal law.

(b) Repealed.

(3) The provisions of this section shall not affect the confidentiality of juvenile records.

Source: L. 93: Entire section added, p. 931, § 1, effective May 28. L. 94: (2) amended,

p. 2639, § 86, effective July 1. L. 96: (2)(b) repealed, p. 1264, § 175, effective August 7.

Cross references: For the legislative declaration contained in the 1994 act amending

subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative

declaration contained in the 1996 act repealing subsection (2)(b), see section 1 of chapter 237,

Session Laws of Colorado 1996.

13-1-135. Family courts - implementation report. (Repealed)

Source: L. 93: Entire section added, p. 1256, § 1, effective June 6. L. 96: (1) repealed, p.

1264, § 176, effective August 7. L. 98: (2) repealed, p. 818, § 13, effective August 5.

13-1-136. Civil protection orders - single set of forms. (1) The general assembly

hereby finds that the statutes provide for the issuance of several types of civil protection orders

to protect the public, but that many of these protection orders have many elements in common.

The general assembly also finds that consolidating the various forms for issuing and verifying

service of civil protection orders and creating, to the extent possible, a standardized set of forms

that will be applicable to the issuance and service of civil protection orders will simplify the

procedures for issuing these protection orders and enhance the efficient use of the courts' and

citizens' time and resources.

(2) On or before July 1, 2003, the state court administrator, pursuant to the rule-making

authority of the Colorado supreme court, shall design and make available to the courts copies of

a standardized set of forms that shall be used in the issuance and verification of service of civil

protection orders issued pursuant to article 14 of this title or section 14-10-108, C.R.S., or rule

365 of the Colorado rules of county court civil procedure. The state court administrator shall

design the standardized set of forms in such a manner as to make the forms easy to understand

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and use and in such a manner as will facilitate and improve the procedure for requesting, issuing,

and enforcing civil protection orders.

(3) In developing the standardized set of forms for the issuance and verification of

service of civil protection orders pursuant to this section, the state court administrator shall work

with representatives of municipal, county, and district court judges, law enforcement, a member

of the Colorado bar association, and representatives of other interested groups.

Source: L. 98: Entire section added, p. 243, § 1, effective April 13. L. 99: (2) amended,

p. 501, § 3, effective July 1. L. 2002: Entire section amended, p. 493, § 2, effective July 1. L.

2003: Entire section amended, p. 1002, § 3, effective July 1.

13-1-137. Reporting of data concerning juvenile proceedings. (1) Notwithstanding

section 24-1-136 (11)(a)(I), the judicial branch shall report annually to the judiciary committees

of the house of representatives and senate, or to any successor committees, information

concerning:

(a) The number of juvenile delinquency cases;

(b) The number of juvenile delinquency cases that involved an appointment of counsel;

(d) The status of recommended reviews to juvenile court rules, forms, and chief justice

directives regarding the representation of children in juvenile delinquency courts;

(e) The number of juvenile delinquency cases that involved a detention hearing, the

number of juveniles who were released after the detention hearing, and the number of juveniles

who remained in detention after the detention hearing; and

(f) The process of training judicial officers and private defense attorneys concerning

determinations of competency to proceed for juveniles and adults, competency evaluation

reports, services to restore competency, and certification proceedings governed by article 65 of

title 27.

Source: L. 2014: Entire section added, (HB 14-1032), ch. 247, p. 955, § 11, effective

November 1. L. 2017: IP(1) amended, (SB 17-241), ch. 171, p. 623, § 1, effective April 28. L.

2019: (1)(d) and (1)(e) amended and (1)(f) added, (SB 19-223), ch. 227, p. 2291, § 14, effective

July 1.

13-1-138. Notification of court reminder program. (Repealed)

Source: L. 2019: Entire section added, (SB 19-036), ch. 293, p. 2687, § 2, effective

August 2. L. 2022: Entire section repealed, (SB 22-018), ch. 191, p. 1273, § 2, effective July 15.

13-1-139. Court limitations on medication-assisted treatment - prohibited. A court

shall not condition participation in a drug or problem-solving court or other judicial program, or

enter orders relating to probation or parole or placement in community corrections, based on the

requirement that a person cease participating in prescribed medication-assisted treatment for

substance use disorders, as defined in section 23-21-803, unless the person or the prescriber

determines that medication-assisted treatment is no longer necessary or is no longer an effective

treatment for the person.

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Source: L. 2020: Entire section added, (SB 20-007), ch. 286, p. 1390, § 5, effective July

13.

13-1-140. Prohibition on issuing subpoena in connection with proceeding in another

state. (1) A court, judicial officer, court employee, or attorney shall not issue a subpoena in

connection with a proceeding in another state concerning an individual engaging in a legally

protected health-care activity, as defined in section 12-30-121 (1)(d), or an entity that provides

insurance coverage for gender-affirming health-care services, as defined in section 12-30-121

(1)(c), or reproductive health care, as defined in section 25-6-402 (4).

(2) This section does not prohibit the investigation of criminal activity that may involve

a legally protected health-care activity, provided that information relating to a medical procedure

performed on an individual is not shared with an agency or individual from another state for the

purpose of enforcing another state's abortion law.

Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 244, § 6, effective April

14.

Cross references: For the legislative declaration in SB 23-188, see section 1 of chapter

68, Session Laws of Colorado 2023.

PART 2

COURT SECURITY CASH FUND

COMMISSION

13-1-201. Legislative declaration. (1) The general assembly hereby finds that:

(a) Ensuring the safety of employees and users of state court facilities is a significant

component of ensuring access to justice for the people of the state of Colorado;

(b) Responsibility for providing security for state court facilities lies with the county

governments; and

this diversity affects the funding and services of individual counties. Although the provision of

security for state court facilities is a county responsibility, the variation in funds available to

individual counties may not allow fundamental security measures to be met in each county.

(2) The general assembly, therefore, determines and declares that:

(a) The creation of the court security cash fund commission and the court security cash

fund will be beneficial to, and in the best interests of, the people of the state of Colorado; and

(b) The goals of the commission and the cash fund shall be to:

(I) Provide supplemental funding for ongoing security staffing in the counties with the

most limited financial resources; and

(II) Provide moneys to counties for court security equipment costs, training of local

security teams on issues of state court security, and emergency needs related to court security.

Source: L. 2007: Entire part added, p. 1264, § 1, effective May 25.

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13-1-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Commission" means the court security cash fund commission created in section

13-1-203.

(2) "Fund" means the court security cash fund created in section 13-1-204.

(3) "Local security team" means a group of individuals from a county that oversees

issues of court security for the county and that includes, at a minimum, the chief judge of the

district court in the county or his or her designee, the sheriff or his or her designee, and a county

commissioner or county manager or his or her designee.

Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25.

13-1-203. Court security cash fund commission - creation - membership. (1) There is

created in the judicial department the court security cash fund commission to evaluate grant

applications received pursuant to this part 2 and make recommendations to the state court

administrator for awarding grants from the court security cash fund.

(2) (a) The commission shall be composed of seven members, as follows:

(I) Two representatives of an association that represents county commissioners who are

recommended by the association and who are appointed by the governor;

(II) Two representatives of an association that represents county sheriffs who are

recommended by the association and who are appointed by governor;

(III) Two members of the judicial branch who are appointed by the chief justice; and

(IV) One member of the general public who is appointed by the chief justice.

(b) The commission membership described in paragraph (a) of this subsection (2) shall

include, at all times, at least one representative from a county in which the population is above

the median population for the state of Colorado, as determined by the most recent data published

by the department of local affairs, and at least one representative from a county in which the

population is below the median population for the state of Colorado, as determined by the most

recent data published by the department of local affairs.

(3) The term of office of each member of the commission is three years; except that the

terms shall be staggered so that no more than four members' terms expire in the same year. A

vacancy shall be filled by the respective appointing authority for the unexpired term only.

(4) Members of the commission shall serve without compensation and without

reimbursement for expenses.

Source: L. 2007: Entire part added, p. 1265, § 1, effective May 25. L. 2022: (1) and (3)

amended, (SB 22-013), ch. 2, p. 21, § 23, effective February 25.

13-1-204. Court security cash fund - creation - grants - regulations. (1) (a) There is

hereby created in the state treasury the court security cash fund. The moneys in the fund shall be

subject to annual appropriation by the general assembly for the implementation of this part 2.

The state court administrator is authorized to accept gifts, grants, or donations from any private

or public source for the purpose of implementing this part 2. All private and public moneys

received by the state court administrator from gifts, grants, or donations shall be transmitted to

the state treasurer, who shall credit the same to the fund in addition to any moneys that may be

appropriated to the fund directly by the general assembly.

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(b) A five-dollar surcharge must be assessed and collected as provided by law on docket

fees and jury fees for specified civil actions filed on and after July 1, 2007, on docket fees for

criminal convictions entered on and after July 1, 2007, on filing fees for specified probate filings

made on and after July 1, 2007, on docket fees for specified special proceeding filings made on

and after July 1, 2007, on fees for specified filings in water matters initiated on and after July 1,

2007, on docket fees for specified traffic infraction penalties assessed on and after July 1, 2007,

and on docket fees for civil infraction penalties assessed on or after March 1, 2022. The

surcharge must be transmitted to the state treasurer, who shall credit the surcharge to the fund.

fund shall remain in the fund and shall not be transferred or revert to the general fund at the end

of any fiscal year. Any unexpended and unencumbered moneys remaining in the fund at the end

of any fiscal year shall remain in the fund and shall not be credited or transferred to the general

fund or any other fund.

(II) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the

contrary, on April 20, 2009, the state treasurer shall deduct one million five hundred thousand

dollars from the court security cash fund and transfer such sum to the general fund.

(III) Notwithstanding any provision of subparagraph (I) of this paragraph (c) to the

contrary, on July 1, 2009, the state treasurer shall deduct five hundred thousand dollars from the

court security cash fund and transfer such sum to the general fund.

(2) Moneys from the fund that are distributed to counties pursuant to this part 2 shall be

used to supplement existing county funding for purposes related to security of facilities

containing a state court or probation office and shall not be used to supplant moneys already

allocated by the county for such purposes.

(3) All moneys credited to the fund shall be available for grants awarded by the state

court administrator, based on recommendations of the commission, to counties for the purposes

described in this part 2; except that the state court administrator may use up to ten percent of the

moneys annually appropriated from the fund for administrative costs incurred through the

implementation of this part 2. The state court administrator, subject to annual appropriation by

the general assembly, is hereby authorized to expend moneys appropriated from the fund

pursuant to this part 2.

(4) In accordance with the principles set out in section 13-1-205, the commission shall

adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating

grant applications, the criteria for evaluation, and other guidelines necessary for administering

the fund.

Source: L. 2007: Entire part added, p. 1266, § 1, effective May 25. L. 2009: (1)(c)

amended, (SB 09-208), ch. 149, p. 619, § 7, effective April 20; (1)(c)(III) added, (SB 09-279),

ch. 367, p. 1925, § 3, effective June 1. L. 2022: (1)(b) amended, (HB 22-1229), ch. 68, p. 339, §

2, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act amending subsection (1)(b) is effective March 1, 2022, but the governor did

not approve the act until April 7, 2022.

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13-1-205. Grant applications - duties of counties. (1) To be eligible for moneys from

the fund, a local security team shall apply to the commission through the state court

administrator for moneys to be used as specified in this part 2 and in accordance with the

timelines and guidelines adopted by the commission and using the application form provided by

the commission. For the commission to consider a grant application, the application shall be

signed by the administrative authority of each entity that is represented on the local security

team.

(2) Grants from the fund shall be used to fund counties that meet the criteria specified in

subsection (4) of this section for:

(a) The provision of court security staffing at a facility containing a state court or

probation office;

(b) The purchase of security equipment or related structural improvements for a facility

containing a state court or probation office;

(d) Miscellaneous funding needs associated with issues of court security or security

equipment.

(3) Moneys credited to the fund that are available for grant distribution shall be awarded

based on the following priority schedule:

(a) Requests from counties that meet the criteria specified in subsection (4) of this

section shall have the highest priority; and

(b) Requests for moneys for personnel costs shall be given subsequent priority.

(4) Counties that meet at least two of the following criteria shall be given the highest

priority for need-based grants for court security personnel services pursuant to this part 2:

(a) Counties in which the total population is below the state median, as determined by

the most recent data published by the department of local affairs;

(b) Counties in which the per capita income is below the state median, as determined by

the most recent data published by the department of local affairs;

by the most recent data published by the department of local affairs; or

(d) Counties in which the total county population living below the federal poverty line is

greater than the state median, as determined by the most recent census published by the United

States bureau of the census.

Source: L. 2007: Entire part added, p. 1267, § 1, effective May 25. L. 2010: (4)(d)

amended, (HB 10-1422), ch. 419, p. 2068, § 21, effective August 11.

13-1-206. Repeal of part. (Repealed)

Source: L. 2007: Entire part added, p. 1268, § 1, effective May 25. L. 2017: Entire

section repealed, (SB 17-221), ch. 349, p. 1832, § 1, effective June 5.

PART 3

UNDERFUNDED COURTHOUSE FACILITIES

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13-1-301. Legislative declaration. (1) The general assembly hereby finds that:

(a) Providing access to state court facilities and ensuring the safety of employees and

other users of state court facilities are fundamental components of ensuring access to justice for

the people of the state of Colorado;

(b) Recent years have seen numerous occasions in which courthouse repair, renovation,

improvement, and expansion needs have become important priorities for judicial districts and the

counties they serve;

caseloads, the allocations of new judges to the district, or the aging of existing courtroom

facilities and the attendant need to bring them up to current operational and safety standards;

(d) In other cases the needs are driven by unexpected events, such as natural disasters,

accidents, or the discovery of previously unknown threats to health and safety; and

(e) While the responsibility for providing adequate courtrooms and other court facilities

lies with county governments, the geographically, demographically, and economically diverse

nature of our state affects the level of funding and services that each county can provide.

(2) The general assembly, therefore, determines and declares that:

(a) The creation of the underfunded courthouse facility cash fund commission and the

underfunded courthouse facility cash fund is beneficial to and in the best interests of the people

of the state of Colorado; and

(b) The purpose of the commission and the fund is to provide supplemental funding for

courthouse facility projects in the counties with the most limited financial resources.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 691, § 1, effective May

14.

13-1-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Commission" means the underfunded courthouse facility cash fund commission

created in section 13-1-303.

(2) "Court security cash fund commission" means the court security cash fund

commission created in section 13-1-203.

(3) "Fund" means the underfunded courthouse facility cash fund created in section

13-1-304.

(4) "Imminent closure of a court facility" means a court facility with health, life, or

safety issues that impact court employees or other court users and that is designated for

imminent closure by the state court administrator in consultation with the state's risk

management system or other appropriate professionals. Health, life, or safety issues include air

quality issues, water intrusion problems, temperature control issues, structural conditions that

cannot reasonably be mitigated, fire hazards, electrical hazards, and utility problems. Certain

health, life, or safety issues may require additional third-party evaluations such as an

environmental or structural engineering review.

(5) "Master planning" means entering into contracts for professional design services or

engineering consulting to determine construction or remodeling options, feasibility, or cost

estimates for a proposed building project.

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Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May

14.

13-1-303. Underfunded courthouse facility cash fund commission - creation -

membership. (1) There is hereby created in the judicial department the underfunded courthouse

facility cash fund commission to evaluate grant applications received pursuant to this part 3 and

make recommendations to the state court administrator for awarding grants from the

underfunded courthouse facility cash fund based on the statutory criteria set forth in section

13-1-305. The commission shall be appointed no later than July 1, 2014.

(2) (a) The commission has seven members, as follows:

(I) Two representatives of an association that represents county commissioners,

appointed by the association;

(II) One member from the department of local affairs, appointed by the department of

local affairs;

(III) Two members from the judicial branch, appointed by the chief justice;

(IV) One member from the court security cash fund commission, appointed by the chief

justice; and

(V) A representative of the state historical society, appointed by the president of the state

historical society.

(b) The commission membership described in paragraph (a) of this subsection (2) must

include, at all times, at least one representative from a county in which the population is above

the median population for the state, as determined by the most recent data published by the

department of local affairs, and at least one representative from a county in which the population

is below the median population for the state, as determined by the most recent data published by

the department of local affairs.

(3) Each member of the commission serves a three-year term; except that, of those

members first appointed, one member representing each entity that appoints two members is

appointed for a one-year term and one member representing each entity that appoints two

members is appointed for a two-year term. A vacancy must be filled by the respective appointing

authority no later than thirty days after the vacating member's last day for the unexpired term

only.

(4) Members of the commission serve without compensation and without reimbursement

for expenses.

(5) Four member votes are required for any final commission recommendations. The

commission's final recommendations are subject to final approval by the state court

administrator and are not subject to any form of appeal.

(6) In accordance with the principles set out in section 13-1-305, the commission shall

adopt guidelines prescribing the procedures to be followed in making, filing, and evaluating

grant applications, the criteria for evaluation, and other guidelines necessary for administering

the program.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 692, § 1, effective May

14.

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13-1-304. Underfunded courthouse facility cash fund - creation - grants -

regulations. (1) There is hereby created in the state treasury the underfunded courthouse facility

cash fund that consists of any moneys appropriated by the general assembly to the fund. The

moneys in the fund are subject to annual appropriation by the general assembly for the

implementation of this part 3. The state court administrator may accept gifts, grants, or donations

from any private or public source for the purpose of implementing this part 3. All private and

public moneys received by the state court administrator from gifts, grants, or donations must be

transmitted to the state treasurer, who shall credit the same to the fund in addition to any moneys

that may be appropriated to the fund directly by the general assembly. All investment earnings

derived from the deposit and investment of moneys in the fund remain in the fund and may not

be transferred or revert to the general fund at the end of any fiscal year. Any unexpended and

unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the

fund and shall not be credited or transferred to the general fund or any other fund.

(2) Moneys from the fund that are distributed to counties pursuant to this part 3 may

only be used for commissioning master planning services, matching funds or leveraging grant

funding opportunities for construction or remodeling projects, or addressing emergency needs

due to the imminent closure of a court facility. Moneys from the fund may not be allocated for

the purchase of furniture, fixtures, or equipment or as the sole source of funding for new

construction. Moneys from the fund may not be allocated as the sole source of funding for

remodeling, unless the need for funding is associated with the imminent closure of a court

facility.

(3) All moneys credited to the fund shall be available for grants awarded by the state

court administrator, based on recommendations of the commission, to counties for the purposes

described in this part 3; except that the state court administrator may use a portion of the moneys

annually appropriated from the fund for administrative costs incurred through the

implementation of this part 3. The state court administrator, subject to annual appropriation by

the general assembly, may expend moneys appropriated from the fund pursuant to this part 3.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May

14.

13-1-305. Grant applications - duties of counties. (1) To be eligible for moneys from

the fund, a county must apply to the commission through the state court administrator, using the

application form provided by the commission, in accordance with the timelines and guidelines

adopted by the commission. For the commission to consider a grant application, the application

must first be reviewed and approved by the chief judge of the county and the board of county

commissioners.

(2) (a) Grants from the fund may only be used to fund counties that meet the

requirements set forth in paragraph (b) of this subsection (2) and the criteria specified in

subsection (4) of this section to:

(I) Commission master planning services;

(II) Serve as matching funds or leverage grant funding opportunities; or

(III) Address emergency needs due to the imminent closure of a court facility.

(b) Grants from the fund may only be awarded to a county when:

Colorado Revised Statutes 2023 Uncertified PrintoutPage 25 of 671

(I) The county has demonstrated good faith in attempting to resolve the issues before

seeking a grant from the fund;

(II) The county has agreed to disclose pertinent financial statements to the commission

or the state court administrator for review; and

(III) The state court administrator is satisfied that the county does not have significant

uncommitted reserves.

means to support its court facility.

(d) The approval of a grant shall not result in the state or commission assuming

ownership or liability for a county courthouse or other county facility that houses county offices

and employees. The county shall continue to have ownership and liability for all such facilities.

(e) Once a county is awarded a grant, the county shall complete the project as designated

and described in the grant award.

(f) The commission shall develop a compliance review process to ensure that counties

are using each grant as specified in the grant award.

(3) Counties that meet all four of the criteria specified in subsection (4) of this section

must be given the highest priority for need-based grants for underfunded courthouse facilities

pursuant to this part 3.

(4) Counties that meet at least two of the following criteria qualify for need-based grants

for underfunded courthouse facilities pursuant to this part 3:

(a) Counties in which the total population is below the state median, as determined by

the most recent data published by the department of local affairs;

(b) Counties in which the per capita income is below the state median, as determined by

the most recent data published by the department of local affairs;

by the most recent data published by the department of local affairs; or

(d) Counties in which the total county population living below the federal poverty line is

greater than the state median, as determined by the most recent census published by the United

States bureau of the census.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 694, § 1, effective May

14.

13-1-306. Legislative review - repeal. The underfunded courthouse facility cash fund

commission repeals on September 1, 2024. Prior to repeal, the underfunded courthouse facility

cash fund commission is subject to review as provided in section 24-34-104, C.R.S.

Source: L. 2014: Entire part added, (HB 14-1096), ch. 186, p. 696, § 1, effective May

14. L. 2016: Entire section amended, (HB 16-1192), ch. 83, p. 233, § 14, effective April 14.

PART 4

PROTECT COURT ACCESS

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13-1-401. Legislative declaration. (1) The general assembly hereby finds and declares

that:

(a) Access to courts is a cornerstone of Colorado's republican form of government and is

therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its

environs, or while going to, attending, or coming from a court proceeding, threatens the values

of public access and the core functions of courts and is considered an unreasonable and unlawful

seizure whether undertaken by a local, state, or federal officer.

(b) Courts have the affirmative obligation to assert their powers to ensure order and

efficient functioning in their proceedings through exercising their contempt power and issuing

writs in order to protect the dignity, independence, and integrity of proceedings;

and on its environs, or while going to, attending, or coming from a court proceeding. The

common law of England is "the rule of decision, and shall be considered as of full force until

repealed by legislative authority" pursuant to section 2-4-211, and the common law privilege

from civil arrest has not been legislatively repealed.

(d) The general assembly has the power to protect Colorado's court proceedings in order

to preserve Colorado's republican form of government and has previously codified the privilege

from arrest in specific circumstances to protect the proper functioning of courts; and

(e) This act clarifies Colorado law with respect to court access and judicial power to

enforce the protection in order to ensure court access and to prevent interruption of the

administration of justice, and clarifies that the protection extends to proceedings conducted

under the authority of a court, including, but not limited to, probation and pretrial services.

(2) Nothing in this part 4 narrows, or in any way lessens, any rights or protections from

civil arrest at a courthouse or on its environs, or while going to, attending, or coming from a

court proceeding, under common law, statute, the United States constitution, the state

constitution, or the remedies available for violations of those rights or privileges.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 215, § 1, effective March 23.

13-1-402. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Civil arrest" means an arrest that is solely or primarily in connection with a civil

proceeding but does not include an arrest made in connection with a judge's contempt authority

or other judicially issued process.

(2) "Court" means a court of the state of Colorado or its counties or municipalities.

(3) "Courthouse" means the entirety of a building in which a court is located including,

but not limited to, a courtroom, hallway, restroom, or lobby.

(4) "Court proceeding" means a proceeding conducted by a court or under the authority

of a court, including, but not limited to:

(a) Accessing a service or conducting business with a court;

(b) A criminal proceeding;

(d) A grand jury proceeding;

(e) A civil protection order proceeding;

(f) An arbitration;

(g) A deposition;

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(h) A pretrial services appointment; or

(i) A probation services appointment.

(5) "Environs" means the vicinity surrounding a courthouse, including, but not limited

to, a sidewalk, driveway, entryway, green space, or parking area serving the courthouse.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 216, § 1, effective March 23.

13-1-403. Prohibition of civil arrest - writ of protection - procedure. (1) A person

shall not be subject to civil arrest while the person is present at a courthouse or on its environs,

or while going to, attending, or coming from a court proceeding.

(2) (a) A judge or magistrate may issue a writ of protection to prohibit a civil arrest

pursuant to subsection (1) of this section. A judge or magistrate may incorporate the writ of

protection in other regularly issued documents.

(b) The protection described in subsection (1) of this section applies regardless of

whether a writ of protection has been issued.

(3) Nothing in this section precludes a criminal arrest or execution of a criminal arrest

warrant issued by a judge or magistrate based on probable cause of a violation of criminal law.

(4) An on-duty law enforcement officer who is not employed by or contracted with

courthouse security, or participating in a court proceeding, shall present credentials and state the

purpose of the officer's presence to any existing courthouse security, who shall maintain a record

of the information.

(5) The chief judge of any court may enter an order to ensure that arrests made while

persons are present at a courthouse or on its environs, or while going to, attending, or coming

from a court proceeding, comply with this section.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23.

13-1-404. Remedies. (1) A person who knowingly violates section 13-1-403 (1) or a

writ of protection issued pursuant to section 13-1-403 (2) is liable for damages in a civil action

for false imprisonment.

(2) A person who knowingly violates section 13-1-403 (1) or a writ of protection issued

pursuant to section 13-1-403 (2) is subject to contempt of court.

(3) The attorney general may bring a civil action on behalf of the people of the state for a

violation of section 13-1-403 to obtain appropriate equitable or declaratory relief.

(4) A person arrested or detained in violation of section 13-1-403 may seek a writ of

habeas corpus.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 217, § 1, effective March 23.

13-1-405. Severability. If any provision of this part 4 or its application to any person or

circumstance is held invalid, the invalidity does not affect other provisions or application of this

part 4 that can be given effect without the invalid provision or application, and to this end the

provisions of this part 4 are severable.

Source: L. 2020: Entire part added, (SB 20-083), ch. 63, p. 218, § 1, effective March 23.

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ARTICLE 1.5

Uniform Transboundary Pollution

Reciprocal Access Act

13-1.5-101. Short title. This article may be cited as the "Uniform Transboundary

Pollution Reciprocal Access Act".

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Reciprocating jurisdiction" means a state of the United States of America, the

District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United

States of America, or a province or territory of Canada, which has enacted this article or

provides substantially equivalent access to its courts and administrative agencies.

(2) "Person" means an individual person, a corporation, a business trust, an estate, a

trust, a partnership, an association, a joint venture, a government in its private or public capacity,

a governmental subdivision or agency, or any other legal entity.

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-103. Forum. An action or other proceeding for injury or threatened injury to

property or person in a reciprocating jurisdiction caused by pollution originating, or that may

originate, in this jurisdiction may be brought in this jurisdiction.

Source: L. 84: Entire article added, p. 451, § 1, effective July 1.

13-1.5-104. Right to relief. A person who suffers, or is threatened with, injury to his

person or property in a reciprocating jurisdiction caused by pollution originating, or that may

originate, in this jurisdiction has the same rights to relief with respect to the injury or threatened

injury and may enforce those rights in this jurisdiction as if the injury or threatened injury

occurred in this jurisdiction.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-105. Applicable law. The law to be applied in an action or other proceeding

brought pursuant to this article, including what constitutes pollution, is the law of this

jurisdiction excluding choice of law rules.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-106. Equality of rights. This article does not accord a person injured or

threatened with injury in another jurisdiction any rights superior to those that the person would

have if injured or threatened with injury in this jurisdiction.

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Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-107. Right additional to other rights. The right provided in this article is in

addition to and not in derogation of any other rights.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-108. Waiver of sovereign immunity. The defense of sovereign immunity is

applicable in any action or other proceeding brought pursuant to this article only to the extent

that it would apply to a person injured or threatened with injury in this jurisdiction.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

13-1.5-109. Uniformity of application and construction. This article shall be applied

and construed to carry out its general purpose to make uniform the law with respect to the

subject of this article among jurisdictions enacting it.

Source: L. 84: Entire article added, p. 452, § 1, effective July 1.

ARTICLE 2

Supreme Court

Cross references: For procedural rules adopted by the supreme court, see C.A.R. 1 to

58.

13-2-101. Terms of supreme court. In each year there shall be three terms of the

supreme court: One beginning on the second Monday in September, another beginning on the

second Monday in January, and another beginning on the second Monday in April.

Source: L. 1889: p. 443, § 1. R.S. 08: § 1409. C.L. § 5624. CSA: C. 46, § 15. CRS 53:

§ 37-2-1. C.R.S. 1963: § 37-2-1.

13-2-102. Special terms. Special terms of said court may be called under such general

rules and regulations as may be adopted by the court.

Source: G.L. § 2614. G.S. § 3235. R.S. 08: § 1410. C.L. § 5625. CSA: C. 46, § 16.

CRS 53: § 37-2-2. C.R.S. 1963: § 37-2-2.

13-2-103. Open sessions - oral arguments. The court shall be in open session as often

as practicable during each of its terms to hear and determine matters and causes which may

come before it, and, at the discretion of the court, oral arguments may be allowed on final

hearing in any cause on the request of any party thereto.

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Source: L. 1889: p. 443, § 2. R.S. 08: § 1411. C.L. § 5626. CSA: C. 46, § 17. CRS 53:

§ 37-2-3. C.R.S. 1963: § 37-2-3. L. 85: Entire section amended, p. 568, § 1, effective May 31.

13-2-104. Quorum - adjournment. If a quorum of the justices of the supreme court is

not present on the first day of any term, the court shall stand adjourned from day to day until a

quorum attends; and said court, if a quorum is present, may adjourn to any day specified, as may

be deemed advisable.

Source: G.L. § 2602. G.S. § 3225. R.S. 08: § 1412. C.L. § 5627. CSA: C. 46, § 18.

CRS 53: § 37-2-4. C.R.S. 1963: § 37-2-4.

13-2-105. Continuance of causes. All matters, suits, and causes undisposed of at any

term of the supreme court shall stand continued to the next succeeding term.

Source: G.L. § 2607. G.S. § 3229. R.S. 08: § 1413. C.L. § 5628. CSA: C. 46, § 19.

CRS 53: § 37-2-5. C.R.S. 1963: § 37-2-5.

13-2-106. Process from supreme court. All process issued out of the supreme court

shall bear teste in the name of the chief justice, be signed by the clerk of the court, sealed with its

seal, and made returnable according to law or the rules and orders of the court and shall be

executed by the officer to whom the same is directed.

Source: G.L. § 2603. G.S. § 3226. R.S. 08: § 1416. C.L. § 5629. CSA: C. 46, § 20.

CRS 53: § 37-2-6. C.R.S. 1963: § 37-2-6.

13-2-107. Judge shall not act as attorney. No justice of the supreme court shall practice

as an attorney-at-law in any of the courts of the state, nor give advice touching any cause

pending or to be brought therein.

Source: G.L. § 2608. G.S. § 3230. R.S. 08: § 1419. C.L. § 5631. CSA: C. 46, § 22.

CRS 53: § 37-2-7. C.R.S. 1963: § 37-2-7.

13-2-108. Rules of civil procedure. The supreme court has the power to prescribe, by

general rules, for the courts of record in the state of Colorado the practice and procedure in civil

actions and all forms in connection therewith; except that no rules shall be made by the supreme

court permitting or allowing trial judges to comment to the jury on the evidence given on the

trial. Such rules shall neither abridge, enlarge, nor modify the substantive rights of any litigants.

The supreme court shall fix the dates when such rules take effect and the extent to which they

apply to proceedings then pending, and thereafter all laws in conflict therewith shall be of no

further force or effect.

Source: L. 39: p. 264, § 1. CSA: omitted. CRS 53: § 37-2-8. C.R.S. 1963: § 37-2-8. L.

79: Entire section amended, p. 597, § 5, effective July 1.

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13-2-109. Rules of criminal procedure. (1) The supreme court has the power to

prescribe, from time to time, rules of pleading, practice, and procedure with respect to all

proceedings in all criminal cases in all courts of the state of Colorado.

(2) The supreme court shall fix the dates when such rules take effect and the extent to

which they apply to proceedings then pending.

Source: L. 60: p. 118, § 1. CRS 53: § 37-2-34. C.R.S. 1963: § 37-2-27.

Cross references: For the Colorado rules of criminal procedure, see chapter 29 of the

Colorado court rules.

13-2-110. Court to prescribe rules and forms. The supreme court from time to time

may institute rules of practice, and prescribe forms of process to be used, and regulations for the

keeping of the records and proceedings of the court, not inconsistent with the constitution or

laws of this state.

Source: G.L. § 2604. G.S. § 3227. R.S. 08: § 1418. C.L. § 5630. CSA: C. 46, § 21.

CRS 53: § 37-2-9. C.R.S. 1963: § 37-2-9.

13-2-111. Employees - compensation. (1) The supreme court may appoint one clerk,

two deputy clerks, one librarian of the supreme court library, one reporter and an assistant

reporter of its decisions, two bailiffs, and such additional clerical assistants as may be necessary.

(2) Each justice of the supreme court may appoint one or more law clerks and such

clerical personnel as may be necessary to assist him in fulfilling the duties of his office.

(3) All employees appointed under the provisions of subsections (1) and (2) of this

section shall be appointed and compensated pursuant to the provisions of section 13-3-105.

Source: L. 1891: p. 368, § 1. L. 05: p. 357, § 1. R.S. 08: § 1420. L. 11: p. 610, § 1. L.

17: p. 514, § 1. C.L. § 5632. L. 23: p. 614, § 2. L. 27: p. 677, § 1. CSA: C. 46, §§ 23, 24. L. 37:

p. 497, § 3. L. 49: p. 402, § 1. L. 53: p. 295, § 1. CRS 53: § 37-2-10. L. 59: p. 350, § 1. C.R.S.

1963: § 37-2-10. L. 79: (1) and (3) amended, p. 597, § 6, effective July 1. L. 81: (2) R&RE, p.

874, § 1, effective June 18.

Cross references: For the reporter of decisions in the court of appeals, see § 13-4-111

(1).

13-2-112. Duties of bailiff. (1) The bailiff appointed shall attend upon the court and the

judges thereof. It is the duty of the bailiff to assist the librarian of the supreme court, when not

otherwise engaged.

(2) In case of the absence of the bailiff, the court or judges may appoint some suitable

person to act in his stead, and the person so appointed shall perform like services and shall

receive the same salary as the bailiff.

Source: L. 1891: p. 368, §§ 2, 3. R.S. 08: §§ 1423, 1424. C.L. §§ 5635, 5636. CSA: C.

46, §§ 28, 29. CRS 53: § 37-2-13. C.R.S. 1963: § 37-2-11.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 32 of 671

13-2-113. Fees of clerk of supreme court. Except for the court of appeals docket fees,

the supreme court is authorized to fix such fees for the services of the clerk of said court, in

causes pending therein, as to the court seems proper, such fees to be paid by the parties to a

cause pursuant to law and the order of the court.

Source: G.L. § 1162. G.S. § 1417. R.S. 08: § 1425. C.L. § 5637. CSA: C. 46, § 30.

CRS 53: § 37-2-14. C.R.S. 1963: § 37-2-12. L. 82: Entire section amended, p. 285, § 1,

effective July 1.

Cross references: For fees payable upon appeal and procedure for waiver thereof, see

C.A.R. 12.

13-2-114. Seal of supreme court. The seal of the supreme court shall be one and

three-quarter inches in diameter, with a device inscribed thereon as follows: Upon a ground of

white the figure of justice sitting faced to the left, but with body and face inclined to the front,

arms outstretched, and holding in her left hand the scales and in her right the sword of justice.

Upon the left, and just above the ground, shall appear the rising sun, with golden rays proceeding

therefrom. On the right, and resting upon the ground, a shield, having inscribed thereon the coat

of arms of the state of Colorado, the upper part of the shield leaning upon the figure of justice;

upon the right of the shield a vine extending from the ground to the top of the shield; above the

inscription and around the edge of the seal shall be the words "supreme court"; below the

inscription and around the edge of the seal shall be the words, "State of Colorado", engraved

thereon.

Source: G.L. § 2618. G.S. § 3238. R.S. 08: § 1427. C.L. § 5639. CSA: C. 46, § 32.

CRS 53: § 37-2-15. C.R.S. 1963: § 37-2-13.

13-2-115. Pensions of supreme court judges. (1) Any person who has served as a judge

of the supreme court of Colorado for not less than ten years, who has ceased to hold said office,

and who has reached the age of sixty-five years is entitled to receive an annual pension during

the remainder of his life in the amount of one-fourth of the annual salary of an associate judge of

the supreme court. If such judge has served twenty years or more and has attained the age of

seventy-two years, the annual pension shall be one-third of the annual salary of an associate

judge of the supreme court. All pensions due under this section shall be paid monthly out of the

general fund of this state.

(2) Upon the death of any judge, eligible to receive an annual pension pursuant to this

section, who leaves a surviving spouse of at least sixty-five years of age to whom he has been

married for at least twenty years, such spouse is entitled to receive a pension during the

remainder of such spouse's life, or as long as such spouse remains unmarried, in the amount of

seven thousand dollars per year, payable monthly from the general fund of this state.

(3) It is the intent of this section to limit the benefits payable under this section to

persons, or their widows, who have terminated their service on the supreme court prior to May

16, 1974, or whose election or appointment to the supreme court took place prior to May 16,

1974. The retirement benefits payable to judges of the supreme court who are appointed

subsequent to May 16, 1974, shall be as otherwise provided by law.

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Source: L. 25: p. 504, § 1. CSA: C. 46, § 33. L. 39: p. 317, § 1. L. 53: p. 238, § 1. CRS

53: § 37-2-16. L. 55: p. 262, § 1. C.R.S. 1963: § 37-2-14. L. 67: p. 452, § 1. L. 69: p. 242, § 1.

L. 74: Entire section amended, p. 233, § 1, effective May 16. L. 77: (2) amended, p. 295, § 4,

effective July 1.

13-2-116. Disposition of law books. (1) The state librarian and all other officers who

receive for public use from any other state or territory, or any officer thereof, or any other person

any books of judicial reports or public statutes or any other books of law shall forthwith cause

one copy of such books or statutes, and all of such books of reports, and other books of law to be

deposited in the library of the supreme court, there to remain.

(2) The supreme court librarian shall furnish the supreme court annually, as the court

may direct, a report designating any such copies of judicial reports, statutes, or books of law

which, in the librarian's opinion, can be properly removed from the supreme court library and

disposed of.

(3) The supreme court may take action pursuant to such report by ordering any copies of

such judicial reports, statutes, or books of law designated therein disposed of in such manner as

it shall determine.

Source: G.L. § 2623. G.S. § 3242. R.S. 08: § 1428. L. 11: p. 488, § 1. C.L. § 5640.

CSA: C. 46, § 34. CRS 53: § 37-2-17. L. 57: p. 317, § 1. C.R.S. 1963: § 37-2-15.

13-2-117. Librarian to have charge of library. The librarian of the supreme court,

under the direction of the court, shall have custody of the books pertaining to the library of the

supreme court.

Source: G.L. § 2621. G.S. § 3240. R.S. 08: omitted. C.L. § 5641. CSA: C. 46, § 35. L.

37: p. 495, § 1. CRS 53: § 37-2-18. C.R.S. 1963: § 37-2-16.

13-2-118. Duties of librarian. It is the duty of the librarian to keep his office open every

day in the year, Saturdays, Sundays, and holidays excepted, from 8:30 a.m. until 5 p.m. of each

day, so that the public may have access to the library, under such rules and regulations as the

supreme court may prescribe.

Source: G.L. § 2622. G.S. § 3241. R.S. 08: § 1429. C.L. § 5642. CSA: C. 46, § 36.

CRS 53: § 37-2-19. C.R.S. 1963: § 37-2-17.

13-2-119. Disposition of fees. (1) At the end of each month, all fees collected by the

clerk of the supreme court during said month, except fees for admission to the bar and attorney

registration fees, shall be deposited by the clerk with the state treasurer, by whom the same shall

be kept separate and apart from all other funds in the state treasurer's hands.

(2) (Deleted by amendment, L. 98, p. 685, § 1, effective July 1, 1998.)

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 1. C.L. § 5643. CSA: C. 46,

§ 37. CRS 53: § 37-2-20. C.R.S. 1963: § 37-2-18. L. 79: Entire section amended, p. 597, § 7,

Colorado Revised Statutes 2023 Uncertified PrintoutPage 34 of 671

effective July 1. L. 82: Entire section amended, p. 285, § 2, effective July 1. L. 98: Entire

section amended, p. 685, § 1, effective July 1.

13-2-120. Supreme court library fund. The funds so set apart, together with the balance

of the fund now in the state treasurer's hands and designated as the "supreme court library fund",

shall be known as the "supreme court library fund", and the supreme court is authorized to use

said fund for the purchase of books for the supreme court library, for paying the expenses of

binding briefs and other documents for use in said library, for the purchase and maintenance of

bookcases, catalogues, furniture, fixtures, and other equipment for said library, and for such

other library service expenses as the chief justice deems necessary.

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 2. C.L. § 5644. CSA: C. 46,

§ 38. CRS 53: § 37-2-21. C.R.S. 1963: § 37-2-19. L. 87: Entire section amended, p. 541, § 1,

effective April 6.

13-2-121. Manner of disbursement. The state controller is authorized to draw warrants

upon said fund, from time to time upon certificate, of the sums required for the purposes

specified in section 13-2-120 under the signature of the chief justice or a majority of the judges

of the supreme court, and the state treasurer is directed to pay the same out of said fund.

Source: L. 07: p. 594, § 1. R.S. 08: § 1430. L. 19: p. 680, § 3. C.L. § 5645. CSA: C. 46,

§ 39. CRS 53: § 37-2-22. C.R.S. 1963: § 37-2-20.

13-2-122. Supreme court and court of appeals opinions published. (1) The opinions

of the supreme court of the state of Colorado and of the court of appeals must be published in

volumes of the size, as nearly as may be, as present volumes of the Colorado reports, and

containing not less than six hundred fifty pages each.

(2) (a) In addition to the publishing required pursuant to subsection (1) of this section,

and except for unpublished opinions described in subsection (2)(b) of this section, on or before

March 1, 2024, but no earlier than July 1, 2023, the judicial department shall publish online, in a

searchable format, and make available free of charge, every opinion of the supreme court of the

state of Colorado and of the court of appeals. The judicial department and the general assembly

shall each include a link to the opinions web page in a conspicuous place on their websites.

(b) An opinion of the supreme court of the state of Colorado not published pursuant to

subsection (1) of this section and any court of appeals opinion not designated for official

publication pursuant to the Colorado appellate rules is not required to be published online

pursuant to this subsection (2).

Source: L. 1891: p. 369, § 1. R.S. 08: § 1431. C.L. § 5646. CSA: C. 46, § 40. CRS 53:

§ 37-2-23. C.R.S. 1963: § 37-2-21. L. 69: p. 269, § 4. L. 2022: Entire section amended, (HB

22-1091), ch. 195, p. 1307, § 3, effective August 10.

Cross references: For the short title ("Justice Gregory Hobbs Public Access to Case Law

Act") and the legislative declaration in HB 22-1091, see sections 1 and 2 of chapter 195, Session

Laws of Colorado 2022.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 35 of 671

13-2-123. Duty of reporter. It is the duty of the reporter of the decisions of said courts,

within four months after a sufficient number of opinions to constitute a volume of the prescribed

size have been delivered to him, to compile and prepare the same for publication, together with

such other proceedings of the supreme court as the justices thereof may designate for insertion in

such volume, with syllabi, title pages, digest, and table of cases reported.

Source: L. 1891: p. 370, § 2. R.S. 08: § 1434. C.L. § 5649. CSA: C. 46, § 43. CRS 53:

§ 37-2-26. L. 63: p. 268, § 1. C.R.S. 1963: § 37-2-22. L. 69: p. 269, § 5.

13-2-124. Publication of reports. (1) In lieu of the publication of the opinions of the

supreme court and the court of appeals pursuant to section 13-2-122 (1), the supreme court may

designate the published volumes of the decisions of the supreme court and the court of appeals,

as the same are published by any person, firm, or corporation, to be the official reports of the

decisions of the supreme court and the court of appeals. Any publication so designated as the

official reports may include both the opinions of the supreme court and the court of appeals in

the same volume.

(2) When any law of this state refers to the reports of the supreme court of the state of

Colorado, said law shall be construed as referring to the reports in which are also contained the

reported opinions of the court of appeals created pursuant to article 4 of this title.

(3) All books, both bound and unbound, and matrices covering the reports of the

supreme court and the court of appeals which were published prior to July 1, 1982, and which

are in the custody of the supreme court shall remain in the custody of the supreme court for the

purpose of sale or replacement, and the supreme court may fix the price at which the prior

official reports of the supreme court and the court of appeals are to be sold to the public. The

supreme court may replace any lost or destroyed books free of cost if such books were originally

distributed free of cost. The supreme court may authorize the reprinting of any prior volumes,

the replacement supply of which has become exhausted or insufficient. The supreme court may

also contract for the storage of such books and to sell, give away, destroy, or otherwise dispose

of any excess books, bound or unbound, which it deems not needed to provide a reasonable

replacement supply.

Source: L. 1891: p. 370, § 3. R.S. 08: § 1435. L. 19: p. 682, § 1. C.L. § 5650. L. 27: p.

678, § 1. CSA: C. 46, § 44. CRS 53: § 37-2-27. L. 57: p. 318, §§ 1, 2. L. 63: p. 268, § 2. C.R.S.

1963: § 37-2-23. L. 69: p. 269, § 6. L. 82: Entire section R&RE, p. 287, § 1, effective July 1. L.

2022: (1) amended, (HB 22-1091), ch. 195, p. 1308, § 4, effective August 10.

Cross references: For the short title ("Justice Gregory Hobbs Public Access to Case Law

Act") and the legislative declaration in HB 22-1091, see sections 1 and 2 of chapter 195, Session

Laws of Colorado 2022.

13-2-125. Purchase, distribution, and sale of reports. (1) Upon the publication of each

volume of the reports of the supreme court and the court of appeals under contract with the

judicial department, the publisher shall be responsible for distributing as many copies as are

required to meet the needs of the state in accordance with a list provided by the librarian of the

Colorado Revised Statutes 2023 Uncertified PrintoutPage 36 of 671

supreme court. Costs of mailing incurred in such distribution shall be borne by the state from

appropriations made to the judicial department.

(2) The distribution pursuant to subsection (1) of this section shall include the following:

(a) State and territorial libraries, as directed by the librarian of the supreme court;

(b) The library of congress and of the United States supreme court;

branch as required;

(d) District attorneys and judges of Colorado courts of record;

(e) The justices and reporter of the Colorado supreme court;

(f) The law library of the university of Colorado, and the library of any other accredited

law school in Colorado;

(g) Copies for use in the supreme court library and by the general assembly;

(h) Copies to be used for exchange purposes in the maintenance of the supreme court

library, as directed by the librarian of the supreme court;

(i) Office of legislative legal services.

(3) All copies distributed to offices and agencies of the state of Colorado are at all times

the property of the state and not the personal property of the incumbents of the respective offices

and shall be so marked as the property of the state. This shall not apply to the justices and

reporter of the supreme court as to volumes prepared during their tenure of office.

(4) The publisher shall sell the reports of the supreme court and the court of appeals to

the public at a price which is set at the cost of the report plus a twenty percent markup for

handling. The publisher shall retain the markup charges and remit to the state the costs of the

reports sold as reimbursement to the general fund for payment by the state of the expenses of

publication thereof. The unsold copies of all reports shall remain the property of the state and

shall be returned by the publisher to the secretary of state upon the termination of the contract for

publication. Until otherwise designated by law or order of the chief justice of the Colorado

supreme court, the secretary of state shall be the legal custodian of the reports of the supreme

court and the court of appeals. The secretary of state shall sell any remaining copies of such

reports to the public at such cost plus twenty percent and transmit the sale proceeds to the state

treasurer for deposit to the credit of the general fund.

Source: L. 1891: p. 371, § 7. R.S. 08: § 1438. C.L. § 5653. L. 27: p. 680, § 1. CSA: C.

46, § 46. L. 37: p. 495, § 2. CRS 53: § 37-2-30. L. 63: p. 269, § 3. C.R.S. 1963: § 37-2-24. L.

75: (1), IP(2), and (4) amended, p. 850, § 2, effective July 1. L. 76: (1) and (4) amended, p. 515,

§ 1, effective April 19. L. 88: (2)(i) amended, p. 310, § 18, effective May 23.

13-2-126. Reports and session laws furnished. (1) The legal custodian of publications

of the state of Colorado is directed to furnish to the law library of the university of Colorado free

of charge from existing stocks if feasible and in any event as such publications are from time to

time issued:

(a) Thirty copies each of the reports of the supreme court of the state of Colorado; and

(b) Fifty copies of any published regulations and decisions of the various administrative

agencies of the state of Colorado; and

(b.5) Such number of copies, not to exceed fifty, of the session laws of Colorado as the

law librarian for the university of Colorado may from time to time request; and

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(d) Two copies each of published legislative journals, published opinions and reports of

the attorney general, and printed briefs and abstracts of record of the supreme court of Colorado.

(2) The law library is authorized to exchange any or all of the above publications for like

publications of other jurisdictions.

Source: L. 15: p. 482, § 1. C.L. § 5655. CSA: C. 46, § 48. L. 49: p. 338, § 1. CRS 53: §

37-2-32. C.R.S. 1963: § 37-2-25. L. 75: IP(1) amended, p. 851, § 3, effective July 1. L. 2015:

(1)(b) amended and (1)(b.5) added, (SB 15-264), ch. 259, p. 948, § 28, effective August 5.

13-2-127. Method for review. Appellate review by the supreme court of any action or

proceeding of an inferior tribunal, whether such action or proceeding is civil, criminal, special,

statutory, common law, or otherwise, shall be prescribed by rule of the supreme court, except as

otherwise provided by law.

Source: L. 41: p. 369, § 1. CRS 53: § 37-2-33. C.R.S. 1963: § 37-2-26. L. 64: p. 225, §

58. L. 69: p. 269, § 7.

ARTICLE 3

Judicial Departments

13-3-101. State court administrator - report - definitions - repeal. (1) There is

created, pursuant to section 5 (3) of article VI of the state constitution, the position of state court

administrator, who is appointed by the justices of the supreme court at such compensation as is

determined by them. The state court administrator is responsible to the supreme court, and in

addition to the duties described within this section, the state court administrator shall perform the

duties assigned to him or her by the chief justice and the supreme court.

(2) The state court administrator shall employ such other personnel as the supreme court

deems necessary to aid the administration of the courts, as provided in section 5 (3) of article VI

of the state constitution.

(3) The state court administrator shall establish standards to ensure proficiency in court

reporting in the courts of this state. The state court administrator shall also develop or cause to

be developed examinations no less difficult than the examinations of the national shorthand

reporters association and shall qualify those individuals who successfully complete such

examination.

(4) Repealed.

(5) The state court administrator shall provide to the director of research of the

legislative council criminal justice information and statistics and any other related data requested

by the director. The state court administrator shall provide to the state commission on judicial

performance and to district commissions on judicial performance, established in section

13-5.5-104, case management statistics for justices and judges who are being evaluated.

(6) The state court administrator shall make grants from the family violence justice fund

pursuant to the provisions of section 14-4-107, C.R.S.

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(7) (a) The state court administrator shall make grants from the family-friendly court

program cash fund pursuant to the provisions of section 13-3-113.

(b) Repealed.

(7.5) The state court administrator shall make grants from the eviction legal defense fund

pursuant to the provisions of section 13-40-127.

(8) Repealed.

(9) The state court administrator is authorized to seek federal funding as it becomes

available on behalf of the state court system for the establishment, maintenance, or expansion of

veterans' treatment courts.

(10) Repealed.

(11) (a) There is created in the office of the state court administrator a position

responsible for education and outreach regarding judicial office vacancies. The position shall

create and deliver educational programming for attorneys and law students regarding judicial

vacancies and the application process.

(b) (I) The position shall report on or before October 1, 2020, and on or before October 1

each year thereafter through 2030, to the chief justice of the supreme court and the judiciary

committees of the house of representatives and senate, or any successor committees, concerning

the background, professional history, and qualifications of judicial officers in the state.

Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the

report required in this section continues until the repeal of this subsection (11)(b) pursuant to

subsection (11)(b)(II) of this section.

(II) This subsection (11)(b) is repealed, effective January 1, 2031.

(12) (a) On or before November 1, 2019, and on or before each November 1 thereafter,

the state court administrator shall submit a report to the joint budget committee of the general

assembly and the judiciary committees of the house of representatives and the senate, or any

successor committees, on case management statistics for the prior state fiscal year that includes:

(I) The total number and types of:

(A) New district court cases assigned;

(B) District court cases resolved; and

(II) For each judicial district and each district court judge the total number and types of:

(A) New district court cases assigned;

(B) District court cases resolved; and

(b) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report

required in subsection (12)(a) of this section continues indefinitely.

(13) The state court administrator or the administrator's designee shall present at the

judicial department's hearing pursuant to section 2-7-203 statistics related to extreme risk

protection orders in article 14.5 of this title 13. The statistics must include the number of

petitions filed for temporary extreme risk protection orders, the number of petitions filed for

extreme risk protection orders, the number of temporary extreme risk protection orders issued

and denied, the number of extreme risk protection orders issued and denied, the number of

temporary extreme risk protection orders terminated, the number of extreme risk protection

orders terminated, and the number of extreme risk protection orders renewed. The state court

administrator or the administrator's designee shall also report state court data related to all

Colorado Revised Statutes 2023 Uncertified PrintoutPage 39 of 671

persons who are subject to any temporary emergency risk protection order or emergency risk

protection order and who, within thirty days after the issuance or execution of the protection

order, are charged with a criminal offense. The report must include the nature of the criminal

offense, including but not limited to any offense for violation of the emergency risk protection

order and the disposition or status of that criminal offense.

(14) (a) (I) On and after January 1, 2020, the state court administrator shall administer a

court reminder program in at least four judicial district courts to remind criminal defendants and

juvenile participants to appear at each of their scheduled court appearances and to provide

reminders about an unplanned court closure. The objective of such reminders is to significantly

reduce the number of criminal defendants and juvenile participants who are taken into custody

solely as a result of their failure to appear in court. No later than July 1, 2020, the program must

be administered in every eligible court, as defined in subsection (14)(h) of this section, in the

state.

(II) The state court administrator shall issue a request for proposal to choose a

third-party vendor to develop and operate the court reminder program. At the conclusion of the

request for proposal process, the state court administrator may choose to develop and operate the

program without utilizing a third-party vendor.

(III) Each court participating in the court reminder program shall enroll every criminal

defendant and juvenile participant in the program. A criminal defendant or juvenile participant

may opt out of participating in the program.

(IV) The program shall send reminders to the best contact information available to the

court. Before sending reminders for the defendant's or participant's first court appearance, the

program shall make all reasonable efforts to ensure that the program has the same contact

information available to the court, including contact information provided by a criminal

defendant or juvenile participant to a law enforcement agency on a summons or by any other

means.

(b) In administering the program, the state court administrator shall use text messages to

remind criminal defendants and juvenile participants who have the capacity to receive text

messages of court dates and unplanned court closures. A text message reminder must be sent to

the best phone number available to the court. In addition, or when a defendant or juvenile

participant is unable to receive text messages, the state court administrator, at the administrator's

discretion, may use other communication methods, including telephone, e-mail, or other

internet-based technology, to remind defendants and juvenile participants of court dates and

unplanned court closures.

(I) (A) Provide at least three reminders for all court appearances, including the first court

appearance, for criminal defendants and juvenile participants in an eligible court. One reminder

must be sent the day before the court appearance. The reminders must include at least the date,

location, and time of the court appearance and contact information for questions related to the

court appearance.

(B) Notwithstanding the requirement in subsection (14)(c)(I)(A) of this section, the

program is not required to send more than two reminders within seven days before a court

appearance or more than one reminder within forty-eight hours before a court appearance.

(I.5) For court appearances that can be attended virtually, provide the link to the virtual

court appearance in, at least, the final reminder sent before the appearance;

Colorado Revised Statutes 2023 Uncertified PrintoutPage 40 of 671

(II) Provide an alert to a defendant or juvenile participant who misses court that the

defendant or juvenile has missed court and that the defendant or juvenile should immediately

contact his or her attorney, if the defendant or juvenile has one, or the court to determine next

steps;

(III) Identify each instance in which a criminal defendant or juvenile participant was sent

a text message reminder to a working mobile telephone number;

(IV) Identify defendants and juvenile participants with upcoming court appearances who

cannot be reached and, as resources allow, attempt to acquire current contact information;

(V) Collect data concerning the number of criminal defendants and juvenile participants

who fail to appear at their scheduled court appearances despite having been sent one or more

reminders to a working telephone number; and

(VI) Collect data concerning the number of criminal defendants and juvenile participants

who opt out of the program and, if possible, their reasons for opting out.

(d) Each eligible court shall utilize the reminder services of the state court administrator

described in this subsection (14) unless the court chooses to opt out and has its own procedure

for using text messaging to remind all criminal defendants and juvenile participants to appear at

their scheduled court appearances and remind them of an unplanned court closure.

(e) On and after January 1, 2020, the state court administrator shall track data in each

eligible court concerning the failure of criminal defendants and juvenile participants to appear

for their scheduled court appearances.

(f) In its annual report to the committees of reference pursuant to section 2-7-203, the

judicial department shall include information concerning the activities of the state court

administrator pursuant to this subsection (14). To the extent practicable, the report must include:

(I) The number of reminders sent to a criminal defendant's or juvenile participant's

working telephone number in each eligible court;

(II) The number of criminal defendants and juvenile participants in each eligible court

who failed to appear for a court hearing;

(III) The number of criminal defendants and juvenile participants in each eligible court

who were sent a reminder to a working telephone number from the program but who nonetheless

failed to appear for a court hearing;

(IV) Any other data collected by the state court administrator that the state court

administrator determines to be useful to the general assembly in assessing the effectiveness of

the program at reducing the number of criminal defendants and juvenile participants who fail to

appear for their court appearances and reducing the number of criminal defendants and juvenile

participants who are jailed for failure to appear at a court appearance;

(V) The number of criminal defendants and juvenile participants who opt out of the

program, the reasons they elected to opt out, and recommendations for changes to increase

participation in the program and reduce the number of criminal defendants and juvenile

participants who opt out; and

(VI) If, at the state court administrator's discretion, the program sends any reminders by

communication methods other than text message, the number of criminal defendants and

juvenile participants who were sent a reminder other than a text message reminder, the

communication method used, and whether the defendants or participants failed to appear at their

scheduled court appearance.

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(g) Nothing in this subsection (14) creates a right for any criminal defendant or juvenile

participant to receive a reminder from the program.

(h) As used in this subsection (14), unless the context otherwise requires:

(I) "Criminal defendant" includes a person alleged to have committed a traffic offense

but does not include a person alleged to have committed a traffic infraction.

(II) "Eligible court" means a district court, county court, or municipal court that uses the

integrated Colorado online network that is the judicial department's case management system.

(III) "Juvenile participant" means a juvenile who has been alleged to have committed a

delinquent act, as defined in section 19-2.5-102, or a traffic offense, who is required to appear

before an eligible court. "Juvenile participant" includes the juvenile's parent, guardian, or legal

custodian. "Juvenile participant" does not include a juvenile alleged to have committed a traffic

infraction.

(i) (I) The state court administrator shall convene a working group to study best practices

in court reminders, assess the effectiveness of the court reminder program established in this

subsection (14), and recommend to the state court administrator's office any appropriate changes

to the court reminder program. The judicial department shall provide staff support necessary for

the working group to carry out its duties.

(II) The working group consists of the state court administrator or the administrator's

designee; a public defender appointed by the state public defender; a member of a statewide

organization of pretrial services organizations, appointed by the organization; the executive

director of the Colorado district attorneys' council or the executive director's designee; and one

member, appointed by the speaker of the house of representatives, who represents a

Colorado-based nonprofit organization with expertise in pretrial release and court reminder

programs.

(III) On or before July 31, 2022, the appointing authorities shall make appointments to

the working group and inform the state court administrator of the appointments.

(IV) The working group shall meet quarterly. The state court administrator, or the

administrator's designee, shall convene the first working group meeting no later than September

30, 2022, and shall convene each meeting of the working group thereafter.

(V) The working group may request data and information from the judicial department

about the court reminder program.

(VI) In its annual report to the committees of reference pursuant to section 2-7-203, the

judicial department shall present the recommendations made by the working group, whether the

recommendations were implemented, and the rationale for implementing or rejecting any

recommendation.

(VII) This subsection (14)(i) is repealed, effective June 30, 2025.

(15) The state court administrator shall administer the "Colorado Electronic Preservation

of Abandoned Estate Planning Documents Act", article 23 of title 15.

(16) (a) On or before July 31, 2022, and on or before each July 31 thereafter, the state

court administrator shall submit a report to the general assembly that includes the following:

(I) The number of charges brought in each judicial district for unlawful storage of a

firearm pursuant to section 18-12-114 in the prior state fiscal year and the disposition of those

charges; and

(II) The number of charges brought in each judicial district for a violation of section

18-12-405 in the prior state fiscal year and the disposition of those charges.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 42 of 671

(b) This subsection (16) is repealed, effective December 31, 2024.

(17) The state court administrator shall have the capabilities within the existing

statewide court data system to indicate court liaison appointment and actions related to the

appointment in cases.

Source: L. 53: p. 236, § 1. CRS 53: § 37-10-1. L. 59: p. 356, § 1. L. 67: p. 453, § 5.

C.R.S. 1963: § 37-11-1. L. 77: (3) added, p. 779, § 1, effective June 19; (4) added, p. 861, § 1,

effective July 1, 1979. L. 79: (4)(a)(III) amended, p. 1663, § 130, effective July 1. L. 84: (4)

repealed, p. 453, § 1, effective March 26. L. 94: (5) added, p. 1098, § 11, effective May 9. L. 99:

(6) added, p. 1180, § 6, effective June 2. L. 2002: (7) added, p. 631, § 2, effective July 1. L.

2005: (7)(b) repealed, p. 1004, § 2, effective June 2. L. 2006: (8) added, p. 1590, § 1, effective

June 2. L. 2008: (5) amended, p. 1284, § 13, effective July 1. L. 2010: (9) added, (HB 10-1104),

ch. 139, p. 465, § 2, effective April 16. L. 2017: (5) amended, (HB 17-1303), ch. 331, p. 1780, §

2, effective August 9. L. 2018: (10) added, (SB 18-056), ch. 298, p. 1820, § 4, effective August

8. L. 2019: (11) and (12) added, (SB 19-043), ch. 41, p. 142, § 11, effective March 21; (13)

added, (HB 19-1177), ch. 108, p. 399, § 2, effective April 12; (7.5) added, (SB 19-180), ch. 372,

p. 3391, § 3, effective May 30; (1) amended and (14) added, (SB 19-036), ch. 293, p. 2684, § 1,

effective August 2; (15) added, (HB 19-1229), ch. 252, p. 2446, § 2, effective January 1, 2023.

L. 2021: (16) added, (HB 21-1106), ch. 39, p. 148, § 6, effective July 1; (14)(h)(II) amended,

(SB 21-059), ch. 136, p. 709, § 7, effective October 1. L. 2022: (14)(a)(III), (14)(b), (14)(c)(I),

(14)(c)(IV), (14)(c)(V), (14)(f)(III), and (14)(h) amended and (14)(a)(IV), (14)(c)(VI),

(14)(f)(V), (14)(f)(VI), and (14)(i) added, (SB 22-018), ch. 191, p. 1270, § 1, effective July 15;

(14)(c)(I.5) added (SB 22-018), ch. 191, p. 1270, § 1, effective October 15. L. 2023: (17) added,

(SB 23-229), ch. 119, p. 442, § 3, effective April 27; (13) R&RE, (SB 23-170), ch. 124, p. 481, §

4, effective April 28.

Editor's note: (1) The effective date for amendments made to this section by chapter

216, L. 77, was changed from July 1, 1978, to April 1, 1979, by chapter 1, First Extraordinary

Session, L. 78, and was subsequently changed to July 1, 1979, by chapter 157, § 23, L. 79. See

People v. McKenna, 199 Colo. 452, 611 P.2d 574 (1980).

(2) Subsection (8)(b) provided for the repeal of subsection (8), effective January 1, 2007.

(See L. 2006, p. 1590.)

(3) Subsection (15) was numbered as (14) in HB 19-1229 but was renumbered on

revision for ease of location.

(4) Subsection (10)(c) provided for the repeal of subsection (10), effective June 30,

2019. (See L. 2018, p. 1820.)

(5) Subsection (15) was added by HB 19-1229, effective January 1, 2021, but the

effective date was subsequently amended to January 1, 2023, in section 2 of HB 20-1368. (See

L. 2020, p. 1441.)

Cross references: (1) For the legislative declaration in the 2010 act adding subsection

(9), see section 1 of chapter 139, Session Laws of Colorado 2010. For the legislative declaration

in SB 19-180, see section 1 of chapter 372, Session Laws of Colorado 2019.

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(2) For the short title ("Promoting Child Safety Through Responsible Firearm Storage

Act") and the legislative declaration in HB 21-1106, see sections 1 and 2 of chapter 39, Session

Laws of Colorado 2021.

13-3-102. Surveys - conferences - reports. (1) The state court administrator under the

direction of the chief justice shall make a continuous survey of the conditions of the dockets and

the business of the courts of record and shall make reports and recommendations thereon to the

chief justice.

(2) The chief justice shall assemble the judges of the courts of record at least once yearly

to discuss such recommendations and such other business as will benefit the judiciary and the

expedition of the business of the several courts. When so summoned, the judges of the courts of

record shall attend such conferences at the expense of the state of Colorado. Each judge shall file

a verified itemized statement of the mileage and all moneys actually paid out for personal

maintenance expenses in attending such conferences with the court administrator, who shall

audit the same and submit it to the state controller. The state controller shall draw a warrant

therefor, which warrant shall be paid by the state treasurer out of the appropriate fund. Unless

excused by illness, such judges are required to attend the conferences unless excused by the

chief justice.

(3) Repealed.

Source: L. 53: p. 236, § 2. CRS 53: § 37-10-2. L. 59: p. 357, § 1. C.R.S. 1963: §

37-11-2. L. 67: p. 453, § 6. L. 97: (3) repealed, p. 1482, § 37, effective June 3.

13-3-103. Nominating and discipline commissions - expenses. (1) Members of judicial

nominating commissions appointed pursuant to section 24 of article VI of the state constitution

and members of the commission on judicial discipline appointed pursuant to section 23 of article

VI of the state constitution shall be reimbursed for actual and necessary personal maintenance

expenses while performing official duties, together with mileage at the rate prescribed for state

officers and employees in section 24-9-104, C.R.S., for each mile actually and necessarily

traveled in going to and returning from the place where official duties are performed.

(2) The mileage and expenses incurred by members of judicial nominating commissions

and members of the commission on judicial discipline shall be paid from funds appropriated to

the judicial department of the state. Each commission member shall keep an account of the

mileage and all moneys actually paid out for personal maintenance expenses and shall file a

verified itemized statement thereof with the court administrator, who shall audit the same and

submit it to the state controller. The state controller shall draw a warrant therefor, which warrant

shall be paid by the state treasurer out of the appropriate fund.

Source: L. 53: p. 237, § 3. CRS 53: § 37-10-3. L. 59: p. 358, § 1. L. 67: p. 454, § 7.

C.R.S. 1963: § 37-11-3. L. 72: p. 590, § 55. L. 79: (1) amended, p. 597, § 8, effective July 1. L.

87: Entire section amended, p. 1576, § 12, effective July 10.

13-3-104. State shall fund courts. (1) The state of Colorado shall provide funds by

annual appropriation for the operations, salaries, and other expenses of all courts of record

within the state, except for county courts in the city and county of Denver and municipal courts.

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(2) When a board of county commissioners determines that any furniture or equipment

transferred to the judicial department as of January 1, 1970, has historic value, it shall remain in

the county courthouse and revert to the county when no longer used by the judicial department.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-6. L. 77: Entire section amended, p.

780, § 1, effective May 24. L. 2006: (1) amended, p. 141, § 6, effective August 7.

13-3-105. Personnel - duties - qualifications - compensation - conditions of

employment. (1) The supreme court, pursuant to section 5 (3) of article VI of the state

constitution, shall prescribe, by rule, a personnel classification plan for all courts of record to be

funded by the state, as provided in section 13-3-104.

(2) Such personnel classification and compensation plan shall include:

(a) A basic compensation plan of pay ranges to which classes of positions are assigned

and may be reassigned;

(b) The qualifications for each position or class of positions, including education,

experience, special skills, and legal knowledge;

(d) The classification of all positions based on the required qualifications and the duties

to be performed, taking into account, where applicable, the amount and kinds of judicial business

in each court of record subject to the provisions of this section;

(e) The number of full-time and part-time positions, by position title and classification,

in each court of record subject to the provisions of this section;

(f) The procedures for and the regulations governing the appointment and removal of

court personnel; and

(g) The procedures for and regulations governing the promotion or transfer of court

personnel.

(3) The supreme court shall also prescribe by rule:

(a) The amount, terms, and conditions of sick leave and vacation time for court

personnel, including annual allowance and accumulation thereof; and

(b) Hours of work and other conditions of employment.

(4) To the end that all state employees are treated generally in a similar manner, the

supreme court, in promulgating rules as set forth in this section, shall take into consideration the

compensation and classification plans, vacation and sick leave provisions, and other conditions

of employment applicable to employees of the executive and legislative departments.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-7.

13-3-106. Judicial department operating budget - fiscal procedures. (1) (a) The court

administrator, subject to the approval of the chief justice, shall prepare annually a consolidated

operating budget for all courts of record subject to the provisions of section 13-3-104, such

budget to be known as the judicial department operating budget.

(b) The court administrator, subject to the approval of the chief justice, shall prepare an

annual budget request upon forms and according to procedures agreed to by the executive

director of the department of personnel and the joint budget committee of the general assembly.

The budget request documents and such additional information as may be requested shall be

Colorado Revised Statutes 2023 Uncertified PrintoutPage 45 of 671

submitted to the department of personnel and the joint budget committee according to the same

time schedule for budgetary review and analysis required of all executive agencies. The

governor shall include recommendations for court appropriations as part of his or her regular

budget message and according to section 24-37-301, C.R.S. The general assembly, upon

recommendation of the joint budget committee, shall make appropriations to courts based on an

evaluation of the budget request and the availability of state funds.

(2) The court administrator, subject to the approval of the chief justice, shall prescribe

the procedures to be used by the judicial department and each court of record subject to the

provisions of section 13-3-104, with respect to:

(a) The preparation of budget requests;

(b) The disbursement of funds appropriated to the judicial department by the general

assembly;

judicial department operating budget; and

(d) Any other matter relating to fiscal administration.

(3) The court administrator shall consult with the state controller in the preparation of

regulations pertaining to budgetary and fiscal procedures and forms and the disbursement of

funds.

Source: L. 69: p. 246, § 4. C.R.S. 1963: § 37-11-8. L. 72: p. 590, § 56. L. 76: (1)(b)

amended, p. 301, § 28, effective May 20. L. 83: (1)(b) amended, p. 971, § 27, effective July 1,

1984. L. 95: (1)(b) amended, p. 638, § 24, effective July 1.

Cross references: For the legislative declaration contained in the 1995 act amending

subsection (1)(b), see section 112 of chapter 167, Session Laws of Colorado 1995.

13-3-107. Consolidation of offices of clerks of court in certain counties. (1) The chief

justice, pursuant to his authority under section 5 of article VI of the state constitution, may

consolidate the offices of the clerks of the district and county courts in any county when he finds

that there is insufficient judicial business to warrant the maintenance of separate offices.

(2) When the offices of the clerk of the district and county courts are so consolidated, the

consolidated office shall be under a single clerk, who shall be both the clerk of the district court

and the clerk of the county court; except that all functions, operations, and records required to be

kept separate shall be so kept.

Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-9. L. 79: (1) amended, p. 598, § 9,

effective July 1.

13-3-108. Maintenance of court facilities - capital improvements. (1) The board of

county commissioners in each county shall continue to have the responsibility of providing and

maintaining adequate courtrooms and other court facilities including janitorial service, except as

otherwise provided in this section.

(2) The court administrator, subject to the approval of the chief justice, shall prepare

annually a capital construction budget. The capital construction budget shall specify: The

additional court housing facilities required for each court; the estimated cost of such additional

Colorado Revised Statutes 2023 Uncertified PrintoutPage 46 of 671

structures or facilities and whether such additional court structures or facilities will include space

used by other governmental units for nonjudicial purposes; and a detailed report on the present

court facilities currently in use and the reasons for their inadequacy.

(3) (Deleted by amendment, L. 97, p. 1482, § 38, effective June 3, 1997.)

(4) (a) The chief justice is authorized to approve payment of state funds for the

construction of any capital improvement facilities to be used for judicial purposes authorized and

approved by the general assembly.

(b) The court administrator, with the approval of the chief justice, shall enter into leasing

agreements with the governing body of the appropriate local unit of government when joint

construction is authorized, or when the approved facilities are also to be used for nonjudicial

purposes. The leasing agreement shall provide for the payment of state funds for that portion of

the construction costs related to the operation of the courts.

(5) Construction or remodeling of any court or court-related facility shall be commenced

only with prior approval of the chief justice of the Colorado supreme court after consultation

with the board of county commissioners; except that a board of county commissioners, at its

discretion, may take such actions.

Source: L. 69: p. 247, § 4. C.R.S. 1963: § 37-11-10. L. 72: p. 591, § 57. L. 75: (5)

added, p. 565, § 1, effective July 1; (5) added, p. 558, § 9, effective July 1. L. 78: (2) and (3)

amended, p. 261, § 43, effective May 23. L. 97: (2) and (3) amended, p. 1482, § 38, effective

June 3. L. 2006: (5) amended, p. 142, § 7, effective August 7.

Editor's note: Amendments to subsection (5) by House Bill 75-1049 and House Bill

75-1055 were harmonized.

13-3-109. Retirement - past service benefits. (1) Past service benefits in the public

employees' retirement association shall be purchased for each employee covered under sections

13-3-104 and 13-3-105 who, on January 1, 1970, meets all of the following conditions:

(a) Is sixty years of age or older;

(b) Was not a member of a county or a city and county retirement plan, or, if a member,

is not eligible to receive a deferred annuity;

funds credited to his account with the county or city and county retirement fund, and paid the

full amount thereof, exclusive of any voluntary contributions to such county or city and county

retirement plan, into the public employees' retirement association, or who withdraws such funds

and deposits them with the public employees' retirement association no later than March 31,

1970.

(2) (a) When an employee meets all of the conditions in subsection (1) of this section,

the public employees' retirement association shall grant him prior service credit based on length

of service in a court, or department thereof, covered under sections 13-3-104 and 13-3-105, up to

a maximum of five years.

(b) The public employees' retirement association shall calculate the cost of granting such

prior service credit to each employee, after giving credit for the amount paid, if any, by the

employee, and shall bill the judicial department for such cost. In the event that the cost for an

employee is less than the amount paid in by him pursuant to subsection (1)(c) of this section, the

Colorado Revised Statutes 2023 Uncertified PrintoutPage 47 of 671

treasurer of the public employees' retirement association shall instead refund the difference to

the employee.

request. The grant of prior service credits provided in paragraph (a) of this subsection (2) shall

be made only if an appropriation therefor is made by the general assembly.

(3) (a) Any employee under the age of sixty years covered under sections 13-3-104 and

13-3-105 who has been a member of a county or city and county retirement plan may purchase

prior service credit by withdrawing the funds credited to his account with the county or city and

county retirement fund and paying the full amount thereof into the public employees' retirement

fund.

(b) The public employees' retirement association shall calculate the amount of prior

service credit purchased by an employee as provided in paragraph (a) of this subsection (3) and

shall so notify him.

service credit, not to exceed the actual number of years of employment in a court of record, or

department thereof, by making a direct payment to the public employees' retirement association

in an amount determined by the public employees' retirement association to be actuarially sound

and without expense to the state.

(4) For the purposes set forth in article 51 of title 24, C.R.S., the employees for whom

prior service credit is granted under this section shall be considered to have been employees of

the state for the period of such prior service.

Source: L. 69: p. 248, § 4. C.R.S. 1963: § 37-11-11. L. 79: (3)(c) amended, p. 603, § 1,

effective June 19. L. 87: (1)(c), (2)(b), (3)(c), and (4) amended, p. 1091, § 5, effective July 1.

13-3-110. Expenses and compensation of judges outside county of residence. (1)

When it is necessary for any district court judge, in the discharge of his duties, to hold court or

transact judicial business outside the county of his residence, whether within or without the

judicial district in which he resides, he shall be reimbursed for his actual and necessary expenses

in the manner prescribed by rule of the supreme court, together with mileage at the rate

prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually

and necessarily traveled going to and returning from the place where he is engaged in judicial

duties.

(2) When any county judge, juvenile court judge, or probate court judge is assigned to

perform judicial duties in a court outside of his county of residence pursuant to section 5 (3) of

article VI of the state constitution, he shall be reimbursed for his actual and necessary expenses

in the manner prescribed by rule of the supreme court, together with mileage at the rate

prescribed for state officers and employees in section 24-9-104, C.R.S., for each mile actually

and necessarily traveled going to and returning from the place where he is engaged in judicial

duties.

(3) (a) When any county judge is assigned to perform judicial duties in a district,

probate, or juvenile court outside of the judicial district in which he resides, as provided in

section 13-6-218, he shall be paid for each day of such judicial duty, in addition to

reimbursement for expenses and mileage as provided in this section, an amount equal to the

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difference between his per diem salary and the per diem salary of the judge of the court to which

he is assigned.

(b) (I) When any county judge from a county of Class C or Class D is assigned to

perform judicial duties in any district court pursuant to section 5 (3) of article VI of the state

constitution, and when the duties the county judge performs increase the county judge's

workload beyond the percentage of workload for which he or she is paid pursuant to section

13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to

the county judge's normal part-time salary and to reimbursement for expenses and mileage as

provided in this section, an amount equal to the per diem salary of the judge of the district court

to which the county judge is assigned.

(II) When any county judge from a county of Class C or Class D is assigned to perform

judicial duties in any other county court pursuant to section 5 (3) of article VI of the state

constitution, and when the duties the county judge performs increase the county judge's

workload beyond the percentage of workload for which he or she is paid pursuant to section

13-30-103 (1)(l), the county judge shall be paid for each day of such judicial duty, in addition to

the county judge's normal part-time salary and to reimbursement for expenses and mileage as

provided in this section, an amount equal to the per diem salary of a full-time county judge.

computed by dividing his annual salary by the figure two hundred forty.

(4) When a retired justice of the supreme court or retired judge of any other court of

record is assigned to judicial duties pursuant to section 5 (3) of article VI of the state

constitution, he shall be compensated as provided in said section and be reimbursed for his

actual and necessary expenses in the manner prescribed by rule of the supreme court, together

with mileage at the rate prescribed for state officers and employees in section 24-9-104, C.R.S.,

for each mile actually and necessarily traveled in going to and returning from the place where he

is engaged in judicial duties.

(5) Any mileage and expenses incurred by a judge or a retired justice or judge pursuant

to this section, except judges assigned to the county court of the city and county of Denver, shall

be paid by the state pursuant to section 13-3-104. The records and procedures for such payment

shall be prescribed by the state court administrator pursuant to section 13-3-106.

(6) Any per diem salary pursuant to subsection (3) or (4) of this section shall be paid by

the state pursuant to section 13-3-104. The records and procedures for such payments shall be

prescribed by the state court administrator pursuant to section 13-3-106.

Source: L. 71: p. 366, § 1. C.R.S. 1963: § 37-11-12. L. 72: p. 187, § 1. L. 79: (1), (2),

and (4) amended, p. 598, § 10, effective July 1. L. 82: (3)(b) amended, p. 289, § 1, effective

March 17. L. 85: (2) and (3)(a) amended, p. 569, § 2, effective November 14, 1986. L. 89: (1),

(2), and (4) amended, p. 747, § 1, effective July 1. L. 97: (3)(b) amended, p. 768, § 3, effective

July 1, 1998.

Cross references: For compensation of justices and judges, see § 13-30-103.

13-3-111. Appointment of retired or resigned justice or judge pursuant to

agreement of parties - appointment discretionary. (1) Upon agreement of all appearing

parties to a civil action that a specific retired or resigned justice of the supreme court or a retired

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or resigned judge of any other court be assigned to hear the action and upon agreement that one

or more of the parties shall pay the agreed upon salary of the selected justice or judge, together

with all other salaries and expenses incurred, the chief justice may assign any retired or resigned

justice or retired or resigned intermediate appellate, district, county, probate, or juvenile court

judge who consents temporarily to perform judicial duties for such action.

(2) The decision as to whether a retired or resigned justice or judge shall be assigned to

judicial duties, pursuant to subsection (1) of this section, shall be entirely within the discretion of

the chief justice. The chief justice may require such undertakings as in his or her opinion may be

necessary to ensure that proceedings held pursuant to this section shall be without expense to the

state.

(3) Such appointment may be made at any time after the action is at issue.

(4) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided

over by a judge appointed pursuant to this section shall have the same force and effect as orders,

decrees, verdicts, or judgments resulting from a hearing or trial presided over by a regularly

serving judge.

(5) Orders, decrees, verdicts, and judgments resulting from hearings or trials presided

over by a judge appointed pursuant to this section may be enforced or appealed in the same

manner as orders, decrees, verdicts, or judgments resulting from a hearing or trial presided over

by a regularly sitting judge.

(6) The salaries and expenses paid to judges appointed pursuant to this section shall be at

the rate agreed upon by the parties and the judge.

(7) The supreme court may promulgate such rules as may be necessary to implement this

section.

Source: L. 81: Entire section added, p. 875, § 1, effective May 26. L. 96: (1) to (3) and

(6) amended, p. 128, § 1, effective August 7. L. 98: Entire section amended, p. 92, § 1, effective

March 23.

13-3-112. Report on increase in docket fees. (Repealed)

Source: L. 90: Entire section added, p. 851, § 10, effective May 31. L. 96: Entire section

repealed, p. 1267, § 187, effective August 7.

13-3-113. Family-friendly courts. (1) Short title. This section shall be known and may

be cited as the "Family-friendly Courts Act".

(2) Legislative declaration. (a) The general assembly hereby finds and declares that

many families experience challenges and transitions with legal ramifications that often

necessitate court involvement. Frequently individuals and family members attend court or visit

other governmental offices for juvenile delinquency proceedings, domestic relations

proceedings, protective proceedings related to domestic abuse or domestic violence, child

protection proceedings, meetings with probation officers, and other matters. Many persons who

attend court proceedings are responsible for the care of young children. For many such

individuals, child care issues can distract from, if not present obstacles or even barriers to,

effective and complete participation in ongoing court proceedings. The general assembly finds

that these issues were acknowledged and addressed in the 1999 report entitled "Creating Family

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Friendly Courts in Colorado: Children's Centers for the Courthouse", which report was

submitted by the Colorado supreme court family friendly facilities task force and which report

recommended the establishment of children's centers in courthouses.

(b) The general assembly further finds that the same individuals who are in need of child

care services when they are participating in court proceedings may also benefit from the

availability of information and resource referrals relating to certain types of services within the

community, including services addressing at-risk youth, employment counseling, employment

training and placement, health education and counseling, financial management, education, legal

counseling and referral, mediation, domestic abuse and domestic violence, fatherhood programs,

and substance abuse.

proceedings may have additional court-ordered service needs involving their children, including,

but not limited to, supervised parenting time and the transfer of the physical custody of a child

from one parent to the other.

(d) The general assembly therefore determines and declares that the creation of

family-friendly court programs is beneficial to and in the best interests of the citizens of

Colorado. The general assembly further finds that the goal of such programs shall primarily be

providing quality child care in or near courthouses to the children of individuals and families

who attend court-related proceedings but that such programs may also provide additional

court-related family services at the facility and serve as a clearinghouse of information and

resource referrals for program patrons concerning the wide variety of available services in the

community, including services that provide help to at-risk youth; educational services; health

services; behavioral, mental health, and substance use disorder services; legal services; and

domestic abuse information.

(3) Definitions. For purposes of this section:

(a) "At-risk youth" shall have the same meaning as "youth" set forth in section

26-6.8-104 (3).

(b) "Domestic abuse" shall have the same meaning as set forth in section 13-14-101 (2).

(1), C.R.S.

(d) "Family-friendly court services" means child care and court-related family services

provided in the courthouse or courthouse complex or in reasonable proximity to the courthouse.

(e) "Program" means the family-friendly court program established pursuant to this

section.

(4) Provision of family-friendly court services. There is hereby created the

family-friendly court program. The purpose of the program shall be to provide quality

family-friendly court services to families and the children of individuals who are attending court

proceedings or related matters and to serve as a central location for the dissemination of

information to families about resources and services relating to at-risk youth, employment

counseling, employment training and placement, health education and counseling, financial

management, education, legal counseling and referral, mediation, domestic abuse and domestic

violence, fatherhood programs, and substance abuse. Grants awarded pursuant to this section

shall be used to establish and maintain new family-friendly court programs in judicial districts

throughout the state that do not have comparable existing programs, as well as to enhance

existing family-friendly court programs.

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(5) Grant applications - duties of judicial districts. (a) To be eligible for moneys

from the family-friendly court program cash fund, created in subsection (6) of this section, for

the provision of family-friendly court services, a judicial district shall apply to the state court

administrator in accordance with the timelines and guidelines adopted by the state court

administrator, using an application form provided by the state court administrator.

(b) The state court administrator, in determining which judicial districts may receive

grant money pursuant to this section, shall consider the extent that a judicial district is

responsible for:

(I) Actively recruiting qualified and skilled child care providers to provide quality child

care services to families and children of individuals who are attending court proceedings or

related matters;

(II) Conducting the necessary criminal history checks through the Colorado bureau of

investigation and hiring qualified and appropriate child care providers;

(III) Selecting and establishing a safe physical location in the courthouse or in the

courthouse complex or in reasonable proximity to the courthouse, for the provision of child care

services;

(IV) When reasonably practicable in consideration of funding, staffing, and assistance

from other public and private organizations, providing additional court-related family services to

families and children experiencing the challenges and transitions that necessitate court

involvement, including, but not limited to, supervised parenting time and transfer of the physical

custody of a child from one parent to the other;

(V) Soliciting information from community-based organizations, faith communities,

governmental entities, schools, community mental health centers, local nonprofit or

not-for-profit agencies, local law enforcement agencies, businesses, and other community

service providers about the following services and resources for the purpose of providing such

information to patrons of the family-friendly court services:

(A) Youth services, including but not limited to youth mentoring services, services to

prevent or reduce youth crime and violence, student dropout prevention and intervention

services, and any other services that may be available in the community, the goal and purpose of

which are to assist at-risk youth;

(B) Multipurpose service centers for displaced homemakers pursuant to article 15.5 of

title 8, C.R.S., and other information to assist displaced homemakers, which information shall

relate to employment counseling, employment training, employment placement, health education

and counseling services, financial management services, educational services, and legal

counseling and services;

limited to the children's basic health plan and dental health plan, established pursuant to article 8

of title 25.5, C.R.S., and children eligible for the medical assistance program pursuant to article 5

of title 25.5, C.R.S.;

(D) Substance use disorder programs that are available in the community;

(E) Services and potential financial resources that may be available for victims of

domestic abuse or domestic violence, including but not limited to counseling for persons who are

victims of domestic abuse and their dependents, advocacy programs that assist victims in

obtaining services and information, and educational services for victims of domestic violence;

(F) Fatherhood programs that are available in the community; and

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(G) Any other services that would be beneficial to families experiencing challenges and

transition necessitating court involvement, including but not limited to family stabilization

services as provided in section 19-1-125, C.R.S., and mediation services; and

(VI) Providing to persons staffing the program training and ongoing support with regard

to the available resources and additional referrals provided through the program at each court

location.

family-friendly court services shall be responsible for:

(I) Implementing a method of evaluating the effectiveness of the family-friendly court

program and assessing the impact of the child care and informational services provided through

the program; and

(II) Reporting annually to the state court administrator concerning the results of the

judicial district's evaluation of the family-friendly court program as well as an accounting of

fiscal contributions received and expenditures made by the judicial district for the

implementation, administration, and maintenance of the program and such other information that

the state court administrator may require or that the judicial district determines to be relevant and

informative.

(d) The judicial districts that are selected by the state court administrator to provide

family-friendly court services that provide child care services shall meet the licensing

requirements for child care facilities set forth in part 3 of article 5 of title 26.5, and all child care

licensing rules promulgated by the executive director of the department of early childhood.

(e) In addition to grants received from the state court administrator pursuant to this

section, judicial districts implementing or enhancing existing family-friendly court programs

pursuant to this section are authorized to accept any funds, grants, gifts, or donations from any

private or public source for the purpose of implementing this section; except that no grant or

donation shall be accepted if the conditions attached to the grant or donation require the

expenditure thereof in a manner contrary to law. Any such moneys received by a judicial district

shall be credited to the family-friendly court program cash fund created in subsection (6) of this

section for grants awarded by the board pursuant to this section.

(6) Family-friendly court program cash fund. (a) There is hereby created in the state

treasury the family-friendly court program cash fund. The moneys in the family-friendly court

program cash fund shall be subject to annual appropriation by the general assembly for the

implementation of this section. The state court administrator is authorized to accept on behalf of

the state any grants, gifts, or donations from any private or public source for the purpose of this

section. All private and public funds received through grants, gifts, or donations shall be

transmitted to the state treasurer, who shall credit the same to the family-friendly court program

cash fund in addition to any moneys that may be appropriated to the cash fund directly by the

general assembly. In addition, commencing July 1, 2002, the one-dollar surcharge set forth in

section 42-4-1701 (4)(a)(VI), C.R.S., shall be transmitted to the state treasurer who shall credit

the same to the family-friendly court program cash fund created in this subsection (6). All

investment earnings derived from the deposit and investment of moneys in the fund shall remain

in the fund and shall not be transferred or revert to the general fund of the state at the end of any

fiscal year.

(b) All moneys in the family-friendly court program cash fund, created in paragraph (a)

of this subsection (6), shall be available for grants awarded by the state court administrator to

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judicial districts seeking to implement or enhance existing family-friendly court programs and

administrative costs associated with the implementation and administration of this section. The

state court administrator, subject to annual appropriation by the general assembly, is hereby

authorized to expend moneys appropriated to the judicial department from the family-friendly

court program cash fund to judicial districts seeking to establish or enhance family-friendly court

programs pursuant to this section.

(6.5) Notwithstanding any provision of subsection (6) of this section to the contrary, on

April 20, 2009, the state treasurer shall deduct two hundred thousand dollars from the

family-friendly court program cash fund and transfer such sum to the general fund.

(7) The state court administrator shall announce to all judicial districts the availability of

grants pursuant to this section for the establishment and maintenance or enhancement of

family-friendly court services programs in the judicial districts.

(8) (Deleted by amendment, L. 2005, p. 1000, § 1, effective June 2, 2005.)

Source: L. 2002: Entire section added, p. 627, § 1, effective July 1. L. 2004: (3)(b)

amended, p. 554, § 6, effective July 1. L. 2005: (5)(b)(V)(C) amended, p. 764, § 19, effective

June 1; (2), (3)(d), (4), (5), and (8) amended, p. 1000, § 1, effective June 2. L. 2006:

(5)(b)(V)(C) amended, p. 2001, § 45, effective July 1. L. 2009: (6.5) added, (SB 09-208), ch.

149, p. 620, § 8, effective April 20. L. 2013: (3)(a) amended, (HB 13-1117), ch. 169, p. 588, §

18, effective July 1. L. 2014: (5)(b)(V)(C) amended, (SB 14-067), ch. 12, p. 115, § 9, effective

February 27. L. 2017: (2)(d), IP(5)(b), and (5)(b)(V)(D) amended, (SB 17-242), ch. 263, p.

1292, § 104, effective May 25. L. 2022: (3)(a) amended, (SB 22-037), ch. 23, p. 155, § 7,

effective March 17; (5)(d) amended, (HB 22-1295), ch.123, p. 827, § 25, effective July 1.

Editor's note: Amendments to subsection (5)(b)(V)(C) by House Bill 05-1337 and

Senate Bill 05-030 were harmonized.

Cross references: For the legislative declaration in the 2013 act amending subsection

(3)(a), see section 1 of chapter 169, Session Laws of Colorado 2013. For the legislative

declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017.

13-3-114. State court administrator - compensation for exonerated persons -

definitions - annual payments - child support payments - financial literacy training -

qualified health plan - damages awarded in civil actions - reimbursement to the state. (1)

As used in this section, unless the context otherwise requires:

(a) "Annual payment" means a payment of monetary compensation made by the state

court administrator or his or her designee to an exonerated person pursuant to this section. An

annual payment shall be in the amount of one hundred thousand dollars, which amount shall be

adjusted annually by the state auditor to account for inflation; except that:

(I) If the remaining amount of the state's duty of monetary compensation owed to the

exonerated person is less than one hundred thousand dollars, the amount of the annual payment

shall be equal to the remaining amount; and

(II) The amount of an annual payment may be reduced as described in subsection (5) of

this section.

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(b) "Exonerated person" means a person who has been determined by a district court

pursuant to section 13-65-102 to be actually innocent, as defined in section 13-65-101 (1).

while he or she serves a sentence issued pursuant to the person's conviction of a felony or

pursuant to the person's adjudication as a juvenile delinquent for the commission of one or more

offenses that would be felonies if committed by a person eighteen years of age or older. For the

purposes of this section, "incarceration" includes placement as a juvenile to the custody of the

state department of human services or a county department of human or social services.

(d) "Personal financial management instruction course" means a personal financial

management instruction course that has been approved by the United States trustee's office

pursuant to 11 U.S.C. sec. 111.

(e) "State's duty of monetary compensation" means the total amount of monetary

compensation owed by the state to an exonerated person.

(2) Not more than fourteen days after the state court administrator receives directions

from a district court pursuant to section 13-65-103 to compensate an exonerated person, the state

court administrator shall:

(a) Issue an annual payment to the exonerated person. Annually thereafter, on or before

the date that such payment was made, until the state's duty of monetary compensation is

satisfied, the state court administrator or his or her designee shall issue an annual payment to the

exonerated person.

(b) Pay on the exonerated person's behalf any amount of compensation for child support

payments owed by the exonerated person that became due during his or her incarceration, or any

amount of interest on child support arrearages that accrued during his or her incarceration but

which have not been paid, as described in section 13-65-103 (2)(e)(III). The state court

administrator, or his or her designee, shall make such payment in a lump sum to the appropriate

county department of human or social services or other agency responsible for receiving such

payments not more than thirty days after the state court administrator receives directions from a

district court to compensate an exonerated person pursuant to section 13-65-103.

awarded to the exonerated person pursuant to section 13-65-103 (2)(e)(IV).

(3) The amount of any payment made to, or on behalf of, an exonerated person pursuant

to this section shall be deducted from the state's duty of monetary compensation to the

exonerated person.

(4) Notwithstanding the provisions of paragraph (a) of subsection (2) of this section,

after the state court administrator has issued one annual payment to an exonerated person, the

state court administrator shall not issue another annual payment to the exonerated person until

the exonerated person has completed a personal financial management instruction course.

(5) In each year in which the state court administrator issues an annual payment to an

exonerated person, the person's annual payment shall be reduced by ten thousand dollars if the

person fails to present to the state court administrator a policy or certificate showing that the

person has purchased or otherwise acquired a qualified health plan for himself or herself and his

or her dependents that is valid for at least six months. Such amount shall be deducted from the

state's duty of monetary compensation to the exonerated person as if such amount had been

issued to the exonerated person.

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(6) (a) An exonerated person who receives monetary compensation pursuant to this

section shall reimburse the state for the total amount of annual payments made to the exonerated

person pursuant to this section if:

(I) The exonerated person prevails in or settles a civil action against the state or against

any other government body in a civil action concerning the same acts that are the bases for the

petition for compensation; and

(II) The judgment rendered in the civil action or the settlement of the civil action

includes an award of monetary damages to the exonerated person.

(b) For the purposes of paragraph (a) of this subsection (6), in any proceeding that

satisfies the description set forth in said paragraph (a), upon a satisfactory showing by the state

that the exonerated person has received monetary compensation pursuant to this section, the

court shall offset a sufficient amount of moneys from the exonerated person's award of monetary

damages to reimburse the state for such monetary compensation. The court shall transfer such

moneys to the state treasurer, who shall credit the moneys to the general fund.

(7) Notwithstanding any provision of this section, the state court administrator shall not

issue an annual payment to an exonerated person if:

(a) (I) The exonerated person has prevailed in or settled a civil action for monetary

damages as described in subsection (6) of this section; and

(II) The amount of the monetary damages awarded by the court in the civil action, or

stipulated in the settlement of the action, and collected by the exonerated person equals or

exceeds the remaining amount of the state's duty of monetary compensation to the exonerated

person;

(b) The exonerated person is convicted of a class 1 or class 2 felony, or of an offense that

would be considered a class 1 or class 2 felony in Colorado, after the date upon which a court

issues an order of compensation on the person's behalf; or

course, as required by subsection (4) of this section.

(8) (a) At any point after the state court administrator makes an annual payment to an

exonerated person pursuant to subsection (2) of this section, the exonerated person may elect to

receive the remaining balance of the state's duty of monetary compensation in a lump sum by:

(I) Notifying the state court administrator, the governor, and the general assembly of

such election, which notification must be provided in writing;

(II) Completing a personal financial management instruction course; and

(III) Acquiring and committing to maintain a qualified health insurance plan.

(b) Upon receiving written documentation that an exonerated person has satisfied the

requirements described in subsection (8)(a) of this section, the state court administrator shall pay

to the exonerated person the balance of the state's duty of monetary compensation not later than

one year after receiving such written documentation.

Source: L. 2013: Entire section added, (HB 13-1230), ch. 409, p. 2423, § 3, effective

June 5. L. 2017: (8) added, (SB 17-125), ch. 109, p. 395, § 1, effective April 4. L. 2018: (1)(c)

and (2)(b) amended, (SB 18-092), ch. 38, p. 398, § 6, effective August 8.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 56 of 671

Cross references: For the legislative declaration in the 2013 act adding this section, see

section 1 of chapter 409, Session Laws of Colorado 2013. For the legislative declaration in SB

18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

13-3-114.5. State court administrator - reimbursement of monetary amounts paid

following a vacated conviction or amended order of restitution. Within twenty-eight days

after receipt of an order from a district or county court for payment of a refund of monetary

amounts paid, the state court administrator shall issue a refund payment to the person who

established eligibility under section 18-1.3-703.

Source: L. 2017: Entire section added, (HB 17-1071), ch. 70, p. 220, § 2, effective

September 1.

13-3-115. Diversion funding committee. (1) The state court administrator shall

establish a diversion funding committee, referred to in this section as the "committee". The

committee shall consist of:

(a) The attorney general or his or her designee;

(b) The executive director of a statewide organization representing district attorneys or

his or her designee;

(d) The director of the division of criminal justice in the department of public safety; and

(e) The state court administrator or his or her designee;

(2) (a) The committee shall develop funding guidelines, including permissible uses for

the funding, and an application process for elected district attorneys to request funds

appropriated by the general assembly in order to operate an adult diversion program consistent

with section 18-1.3-101, C.R.S.

(b) The committee shall also develop an application that includes but is not limited to:

(I) A description of the adult pretrial diversion program, including the project's goals,

objective, and timeline for implementation;

(II) The number of adults that could be enrolled in a pretrial diversion program using the

funds requested and a description of the eligibility criteria developed by the district attorney;

(III) The process and method by which a participant's treatment or services needs will be

assessed;

(IV) Outcomes and performance measures that the program will use in its evaluation;

(V) Itemized expenses for the amount of the funding request and whether the funding

request is for a new adult pretrial diversion program or funding to continue or expand an existing

adult pretrial diversion program;

(VI) The diversion supervision fees, if any, that the district attorney will require as a

condition of participation in a pretrial diversion program; and

(VII) A list of any other agencies, organizations, service providers, or planning groups

that would be involved in the planning and implementation of the project.

(3) The committee must review all funding requests submitted by a district attorney to

support an adult pretrial diversion program. By majority vote, the committee may approve all or

a portion of a funding request that meets the guidelines established pursuant to paragraph (a) of

subsection (2) of this section or deny a request.

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(4) The judicial department shall execute the contract and allocate the funding requests

approved by the committee.

(5) A district attorney who receives funding pursuant to this section shall collect data

and provide a status report to the judicial department by a date prescribed by the committee that

includes but is not limited to:

(a) The number of people screened and the number of people who met the diversion

program criteria;

(b) The number of people enrolled in the adult pretrial diversion program;

including age, gender, and ethnicity;

(d) Participant status, including the number of people who have successfully completed

the diversion program, the number of people still under active supervision in the diversion

program, the number of people terminated from the diversion program, and the reason for their

termination;

(e) The accounting of the funds expended and the amount of any funds unexpended and

unencumbered at the end of the funding period;

(f) The number of people screened for behavioral health treatment; and

(g) The number of people referred to behavioral health treatment.

(6) Notwithstanding section 24-1-136 (11)(a)(I), by January 31, 2015, and each January

31 thereafter, the judicial department shall provide to the joint budget committee a status report

that includes the information required by subsection (5) of this section.

(7) Any funds provided to a district attorney for purposes of operating an adult pretrial

diversion program pursuant to this section shall not be reverted to the general fund if

unexpended by the end of the fiscal year in which the funds were received.

Source: L. 2013: Entire section added, (HB 13-1156), ch. 336, p. 1961, § 15, effective

August 7. L. 2017: (6) amended, (SB 17-241), ch. 171, p. 623, § 2, effective April 28. L. 2022:

(5)(d) amended and (5)(f) and (5)(g) added, (SB 22-196), ch. 193, p. 1290, § 5, effective May

19.

Cross references: For the legislative declaration in SB 22-196, see section 1 of chapter

193, Session Laws of Colorado 2022.

13-3-116. Restorative justice coordinating council - establishment - membership. (1)

(a) A council to provide assistance and education related to restorative justice programs is

hereby established. The council shall be known as the "restorative justice coordinating council"

and shall be established in the state judicial department within the office of the state court

administrator. To the extent that resources permit, the restorative justice coordinating council

shall support the development of restorative justice programs, serve as a central repository for

information, assist in the development and provision of related education and training, and

provide technical assistance to entities engaged in or wishing to develop restorative justice

programs.

(b) In order to assess the efficacy of restorative justice practices in providing satisfaction

to participants, the council shall develop a uniform restorative justice satisfaction evaluation by

September 1, 2013. The evaluation must be based on research principles. The evaluation must

Colorado Revised Statutes 2023 Uncertified PrintoutPage 58 of 671

include a preconference questionnaire for the offender and participating victims, if practicable,

to establish a baseline and a postconference questionnaire that is suitable to administer to

restorative justice participants, including community members, participating victims, and

offenders.

state by December 31, 2013, and update it annually by December 31 of each year.

(II) The database must consist of the following information:

(A) The location of the restorative justice program;

(B) The types of restorative justice practices used in the program and the costs and fees

associated with the practices; and

restorative justice program.

(d) Repealed.

(2) The restorative justice coordinating council includes, at a minimum, the following:

(a) A member who represents a statewide juvenile justice council who shall be appointed

by the executive director of the department of public safety;

(b) A representative from the division of youth services in the department of human

services who is appointed by the executive director of the department of human services;

executive director of the department of public safety;

(d) A representative from the judicial department who shall be appointed by the state

court administrator;

(e) Two representatives from a statewide organization or organizations whose primary

purpose is related to the development and implementation of restorative justice programs and

who shall be appointed by the executive director of the department of public safety;

(f) A district attorney with juvenile justice experience who shall be appointed by the

executive director of the Colorado district attorneys' council;

(g) A victim's representative within the judicial department with restorative justice

experience who shall be appointed by the state court administrator;

(h) A representative from the department of education who shall be appointed by the

commissioner of education;

(i) A representative from the state board of parole appointed by the chair of the parole

board;

(j) A representative from the department of corrections appointed by the executive

director of the department of corrections;

(k) A representative from a nongovernment statewide organization representing victims

appointed by the executive director of the department of public safety;

(l) Three restorative justice practitioners appointed by the state court administrator;

(m) A representative of the juvenile parole board appointed by the chair of the juvenile

parole board;

(n) The state public defender or his or her designee;

(o) A judge appointed by the chief justice of the Colorado supreme court; and

(p) A representative of law enforcement appointed by the state court administrator based

upon a recommendation from the restorative justice coordinating council.

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(3) The restorative justice coordinating council shall select a chairperson from among

the members of the council who shall serve a term to be determined by the council. The

chairperson shall be responsible for convening the council at a frequency that shall be

determined by the council.

(4) Members of the restorative justice coordinating council serve without compensation

but may be reimbursed for expenses incurred while serving on the council.

(4.5) The restorative justice coordinating council may accept money from trainings and

conferences and gifts, grants, or donations from any private or public source for the purpose of

supporting restorative justice practices. All private and public money received by the restorative

justice coordinating council from gifts, grants, or donations or any other source must be

transmitted to the state treasurer, who shall credit the same to the restorative justice surcharge

fund created pursuant to section 18-25-101, in addition to any money that may be appropriated

to the fund directly by the general assembly.

(5) (Deleted by amendment, L. 2017.)

Source: L. 2017: Entire section added with relocations, (SB 17-220), ch. 173, p. 629, §

1, effective April 28; (2)(b) amended, (HB 17-1329), ch. 381, p. 1973, § 31, effective June 6. L.

2019: (4) amended, (HB 19-1205), ch. 292, p. 2683, § 1, effective August 2.

Editor's note: (1) This section is similar to former § 19-2-213 as it existed prior to

2017.

(2) Changes to § 19-2-213 (2)(b) by HB 17-1329 were harmonized with SB 17-220 and

relocated to subsection (2)(b).

13-3-117. State court administrator - automatic conviction sealing. (1) (a) The state

court administrator shall compile a list of drug convictions pursuant to article 18 of title 18:

(I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and

(II) (A) If the drug conviction is for a petty offense or misdemeanor, that seven years

have passed since the disposition of the case; or

(B) If the drug conviction is for a felony, that at least ten years have passed since the

disposition of the case.

(a.5) The state court administrator shall compile a list of eligible convictions, excluding

crimes pursuant to section 24-4.1-302 (1):

(I) That are eligible for sealing pursuant to sections 24-72-703 and 24-72-706; and

(II) (A) If the judgment is for a civil infraction, that four years have passed since the

final disposition of the case;

(B) If the conviction is for a petty offense or misdemeanor, that at least seven years have

passed since the final disposition of the case; and

date of the final disposition of all criminal proceedings against the defendant or the release of the

defendant from supervision concerning a criminal conviction, whichever is later.

(b) The state court administrator shall use the state conviction database and the

conviction databases of entities that do not report convictions to the state database to compile the

list. The state court administrator shall compile the list based on a name-based review with

sufficient points of reference for identification validation as determined by the state court

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administrator. The state court administrator must only include convictions on the list if sufficient

points of validation, as determined by the state court administrator, are present. The state court

administrator shall not include any case in which there is no final disposition on all charges in

the case. The state court administrator shall not include any judgments for which the defendant

has an intervening judgment during the four-year waiting period if the judgement is for a civil

infraction and shall not include any convictions for which the defendant has an intervening

conviction during the seven-year waiting period if the conviction is for a petty offense or

misdemeanor or during the ten-year waiting period if the conviction is for a felony. The state

court administrator shall sort the list by judicial district of conviction.

(1) by February 1, 2024, and the court shall seal all conviction records eligible for sealing

pursuant to the final list compiled pursuant to subsection (3)(a) of this section based on the initial

list by July 1, 2024.

(d) Beginning July 1, 2024, the state court administrator shall compile a list of drug

convictions, misdemeanors, and petty offenses that are eligible pursuant to this subsection (1) on

a quarterly basis. The state court administrator shall include the eligible felony convictions not

found in article 18 of title 18 pursuant to subsection (1)(a.5) of this section beginning on July 1,

2025.

(2) The state court administrator shall forward the list compiled pursuant to subsection

(1) of this section to each district attorney, except for civil infractions. The state court

administrator shall send the list of civil infractions to be sealed with the final list pursuant to

subsection (3)(b) of this section to the chief judge for each judicial district.

(3) (a) (I) Upon receipt of the list from the state court administrator, each elected district

attorney, or his or her designee, may, within forty-five days, object to the inclusion of a

conviction on the list for circumstances in which a condition of the plea was that the defendant

agreed to not have the conviction record sealed, convictions in which the defendant has a

pending criminal charge, an intervening conviction, or convictions that are ineligible for sealing.

(II) For a felony conviction for an offense not in article 18 of title 18, in addition to the

objections in subsection (3)(a)(I) of this section, each district attorney may, within forty-five

days, object when the district attorney has a reasonable belief, grounded in supporting facts, that

the public interest and public safety in retaining public access to the current record or case

outweighs the privacy interest of, or adverse consequences to, the defendant.

(III) Each district attorney shall file a notice with the court in the criminal case that is the

subject of the record without the need for additional service on any party, noting the basis of the

objection.

(IV) For objections pursuant to subsection (3)(a)(II) of this section, the notice must

explain the basis for the objection and include any available supporting documents. In such

cases, the court shall serve notice on the defendant at the defendant's last known address and

explain in plain language that the defendant may request a hearing on the matter. If the defendant

requests a hearing, the court shall proceed pursuant to section 24-72-706.

(V) The state court administrator shall remove the convictions objected to by the district

attorneys from the list, if any, and then compile each of the lists into one final list and sort the

convictions by judicial district. All convictions from the initial lists shall be included unless

objected to within the forty-five-day period as ineligible under subsection (3)(a)(I), (3)(a)(II), or

(3)(a)(III) of this section.

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(b) (I) The state court administrator shall send the final list compiled pursuant to

subsection (3)(a)(V) of this section to the chief judge for the judicial district. The courts of that

judicial district shall enter sealing orders based on the list received within fourteen days after

receipt of the amended list from the state court administrator.

(II) The district court shall send a copy of the sealing order to the district attorney's

office that prosecuted the case to facilitate sealing of the records held by the district attorney's

offices. The court shall also send a copy to the state court administrator for purposes of

subsections (3)(b)(III) and (3)(c) of this section.

(III) The state court administrator shall electronically send all orders sealing records

pursuant to this subsection (3)(b) to the Colorado bureau of investigation using an

information-sharing data transfer to facilitate sealing of the records held by the Colorado bureau

of investigation.

(IV) The defendant may obtain a copy of the sealing order pursuant to section 24-72-703

(2)(c) and serve the sealing order on any custodian of the records pursuant to section 24-72-703

(8), including the law enforcement agency that investigated the case.

allows a defendant to confidentially determine whether the defendant's conviction has been

sealed pursuant to this section and information about how to receive a copy of the sealing order.

(4) (a) On or before February 1, 2024, and on or before January 1 each year thereafter,

the state court administrator shall report to the judiciary committees of the senate and the house

of representatives, or their successor committees, by judicial district and, to the extent possible,

with data disaggregated by race and sex and by offense level, the number of conviction records

in the prior calendar year that:

(I) Were considered for automatic record sealing;

(II) The state court administrator sent to the chief judges for each judicial district; and

(III) The district attorneys objected to due to:

(A) Intervening convictions;

(B) The ineligibility of the offense;

(D) Plea agreements waiving the right to record sealing; and

(E) Objections pursuant to subsection (3)(a)(II) of this section.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the report required in this subsection (4)

continues indefinitely.

the progress of its implementation of this section, including the creation of the website pursuant

to subsection (3)(c) of this section, as part of the department's "State Measurement for

Accountable, Responsive, and Transparent (SMART) Government Act" hearing required by

section 2-7-203.

Source: L. 2021: Entire section added, (HB 21-1214), ch. 455, p. 3037, § 11, effective

September 7. L. 2022: (1)(a.5) and (4) added and (1)(b), (1)(d), (2), and (3) amended, (SB

22-099), ch. 276, p. 1981, § 3, effective August 10.

13-3-118. State court administrator - twenty-third judicial district county assistance

- definition - repeal. (1) As used in this section, unless the context otherwise requires, "eligible

Colorado Revised Statutes 2023 Uncertified PrintoutPage 62 of 671

expenses" means costs associated with establishing a district attorney's office in the twenty-third

judicial district, including:

(a) For the 2023-24 state fiscal year, consulting fees and transition contractor project

management fees; and

(b) For the 2024-25 state fiscal year:

(I) Costs related to annual and sick leave payouts for staff to transition from the

eighteenth to the twenty-third judicial district; and

(II) Transition and implementation of information technology infrastructure, equipment,

and software; data preservation, separation, and migration; and information technology staff

transition.

(2) From money appropriated by the general assembly, the state court administrator's

office shall reimburse counties of the current eighteenth judicial district for eligible expenses

related to the creation of the twenty-third judicial district.

(3) This section is repealed, effective July 1, 2026.

Source: L. 2023: Entire section added, (SB 23-230), ch. 78, p. 281, § 1, effective April

17.

13-3-119. Data-sharing task force between state and municipal courts - creation -

legislative declaration - repeal. (1) The general assembly finds and declares that:

(a) Data coordination and sharing between state and municipal courts is critical for the

administration of justice;

(b) The existing statewide court data system provides all but one of the current state

courts with digital access to case information statewide, but does not currently share case

information with municipal courts;

case information statewide;

(d) Municipal court data systems do not currently share municipal case information

statewide;

(e) While some municipal courts have created read-only digital data access, this access

does not exist with all courts throughout the state, which creates gaps and requires each court to

directly contact the other court to request copies of court files or cases, resulting in a tedious and

time-consuming process;

(f) Providing read-only digital data access to state and municipal cases among courts

will streamline court data sharing, serve the public interest, and not unduly burden state courts or

municipal courts; and

(g) It is essential that the state judicial department and municipal courts collaborate to

determine the best process to implement a read-only digital data access court data system.

(2) There is created in the judicial department the task force on data sharing between

state courts and municipal courts, referred to in this section as the "task force". The task force

must meet regularly to:

(a) Investigate current data sharing and access to court data systems;

(b) Consider processes for sharing data and providing access to court data systems

statewide; and

Colorado Revised Statutes 2023 Uncertified PrintoutPage 63 of 671

in court systems.

(3) The task force consists of:

(a) Three representatives from the state judicial department, one of whom must be a

chief judge who will serve as the chair of the committee, appointed by the judicial department;

(b) The state court administrator or the administrator's designee, appointed by the

judicial department;

Denver county court, at least one representative from a municipal court in a municipality with a

population of fifty thousand to five hundred ninety-nine thousand nine hundred ninety-nine, at

least one representative from a municipal court in a municipality with a population of eight

thousand to forty-nine thousand nine hundred ninety-nine, and at least one representative from a

municipal court in a municipality with a population of fewer than eight thousand. One municipal

court representative must serve as the vice-chair of the committee. Each of these representatives

is appointed by a statewide organization of municipalities.

(d) A representative who works as a municipal prosecutor, appointed by a statewide

organization of municipalities;

(e) A representative who works as a municipal public defender, appointed by a statewide

organization of municipalities;

(f) A representative from the Colorado district attorneys' council, appointed by the office

of the district attorneys' council;

(g) A representative from the office of state public defender created in section 21-1-101,

appointed by the office of state public defender;

(h) A representative from the office of the child protection ombudsman; and

(i) A representative from the sexual assault community or from the domestic violence

victim's rights community.

(4) The members of the task force serve without compensation and without

reimbursement for expenses.

(5) The task force shall meet a maximum of six times before January 8, 2024. The first

meeting must occur no later than July 17, 2023.

(6) The task force shall report its findings and recommendations to the judiciary

committees of the house of representatives and the senate, or any successor committees, on or

before January 8, 2024.

(7) This section is repealed, effective July 1, 2024.

Source: L. 2023: Entire section added, (HB 23-1132), ch. 420, p. 2473, § 1, effective

June 7.

13-3-120. Office of the judicial discipline ombudsman established - judicial

discipline advisory board - qualifications of ombudsman - powers and duties -

confidentiality - rules - definitions. (1) As used in this section, unless the context otherwise

requires:

(a) "Board" means the judicial discipline ombudsman selection board, established in

subsection (6) of this section.

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(b) "Commission" means the commission on judicial discipline created in section

13-5.3-102.

judges, judicial department staff, and persons who work with judicial employees and staff, and

includes, but is not limited to, bailiffs, litigating attorneys, interns, and volunteers.

(d) "Department" means the judicial department established in this article 3.

(e) "Office of the ombudsman" means the office of the judicial discipline ombudsman,

created in subsection (2) of this section.

(f) "Ombudsman" means the person that serves as both the judicial discipline

ombudsman and the director of the office of the ombudsman.

(2) The independent office of the judicial discipline ombudsman is established in the

judicial department as an independent agency for the purpose of ensuring the greatest protections

for a complainant. The purpose of the office of the ombudsman is to act as an independent,

confidential, informal, impartial, neutral, and nonpartisan office that responds to questions or

concerns from a complainant about misconduct that occurs within the department, to support a

complainant in filing formal and informal complaints and grievances against members of the

department, and to analyze data from the office of the ombudsman in order to report complaint

and grievance trends, systemic problems, and organizational issues to the commission, the

department, and the general assembly. The office of the ombudsman shall help a complainant

understand how to safely navigate the complaint process. The ombudsman shall consider the

standards of practice and code of ethics established by the International Ombuds Association for

an organizational ombudsman, to the extent practicable. The ombudsman shall not be adversarial

to the department or the commission. The ombudsman shall not request records from the

department or the commission related to specific employees, judges, or justices, except at the

discretion of the complainant.

(3) The office of the ombudsman and the department shall operate pursuant to a

memorandum of understanding between the two entities to further the purposes of this section.

The memorandum of understanding must contain, at a minimum:

(a) A requirement that the office of the ombudsman have its own personnel rules;

(b) A requirement that the ombudsman have independent hiring and termination

authority over office of the ombudsman employees;

(d) A requirement that the department offer the office of the ombudsman limited support

with respect to:

(I) Personnel matters;

(II) Recruitment;

(III) Payroll;

(IV) Benefits;

(V) Budget submissions, as needed; and

(VI) Accounting; and

(e) Any other provisions regarding administrative support that will help maintain the

independence of the office of the ombudsman.

(4) The office of the ombudsman shall maintain office space that is not physically

located in any building that is maintained by the judicial department.

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(5) The office of the ombudsman and the board established in subsection (6) of this

section shall operate with autonomy, control, and authority over operations, budget, and

personnel decisions related to the office of the ombudsman, board, and ombudsman.

(6) (a) There is established an independent, nonpartisan judicial discipline ombudsman

selection board. The board consists of five members and must include lawyers, and people with a

professional background in human resources or personnel management, financial management,

or experience with employee harassment or discrimination cases or as a victims' rights advocate,

and professional ombudsman experience. To the extent practicable, the board should be made up

of persons from different judicial districts, persons with disabilities, and persons with experience

in culturally relevant practices, and reflect the geographic, ethnic, and gender diversity of the

state.

(b) Board members must be appointed on or before January 1, 2024, as follows:

(I) The governor shall appoint one individual who is either a retired Colorado judge in

good standing or a former Colorado judge in good standing;

(II) The president of the Colorado senate and the minority leader of the Colorado senate

shall each appoint one member with experience listed in subsections (6)(c) and (6)(d) of this

section; and

(III) The speaker of the Colorado house of representatives and the minority leader of the

Colorado house of representatives shall each appoint one member with experience listed in

subsections (6)(c) and (6)(d) of this section.

(I) Personnel management;

(II) Human resources;

(III) Financial management;

(IV) Experience as a professional ombudsman;

(V) Experience with employee harassment or discrimination as an employment law

attorney; or

(VI) Experience as a victims' rights advocate.

(d) In appointing board members pursuant to subsections (6)(b)(II) and (6)(b)(III) of this

section, at least one appointee from the Colorado house of representatives and one appointee

from the Colorado senate must be licensed Colorado attorneys in good standing.

(e) Board members serve terms of four years; except that initial terms must be staggered

so that no more than three members' terms expire in the same year. Three of the initial

appointments will have four-year terms, and two initial appointments will have two-year terms.

The appointing authority shall designate the initial terms. The appointing official shall fill any

vacancies on the board for the remainder of any unexpired term.

(f) The board shall meet a minimum of two times per year and additionally as needed.

(g) Board members serve without compensation but may be reimbursed for actual and

reasonable expenses incurred in the performance of their duties.

(h) Board members may be reappointed to serve one additional term.

(7) Expenses incurred for the board must be paid from the general operating budget of

the office of the ombudsman.

(8) The board has the following duties and responsibilities:

(a) To oversee the following personnel decisions related to the ombudsman:

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(I) On or before March 1, 2024, and as necessary thereafter, appointing a person to serve

as the ombudsman. The ombudsman appointed by the board on or before March 1, 2024, shall

assume the ombudsman's position on the effective date of the memorandum of understanding

between the department and the office of the ombudsman. The board may discharge an

ombudsman for cause. A two-thirds majority vote of the board is required to hire or discharge

the ombudsman. The general assembly shall set the ombudsman's compensation, and the

compensation must not be reduced during the term of the ombudsman's appointment.

(II) Filling a vacancy in the ombudsman position;

(III) Evaluating the ombudsman's performance as necessary based on feedback received

from complainants about the ombudsman; and

(IV) Developing a complaint process related to the ombudsman's performance;

(b) To oversee and advise the ombudsman on the strategic direction of the office of the

ombudsman and its mission and to help promote the use of, engagement with, and access to the

office of the ombudsman;

operating budget of the office of the ombudsman and ensure that the office of the ombudsman

operates in compliance with the provisions of this section, the memorandum of understanding,

and state and federal laws;

(d) To promote the mission of the office of the ombudsman to the public; and

(e) To provide assistance, as practicable and as requested by the ombudsman, to

facilitate the statutory intent of this section.

(9) Meetings of the board are subject to the provisions of section 24-6-402, except for

executive personnel actions or meetings that require the protection of confidentiality and

compliance with state privacy laws.

(10) The ombudsman has the following duties and functions:

(a) Create and maintain an anonymous reporting system and hotline for complainants to

submit complaints. The reporting system must be equipped to retain and collect aggregated and

disaggregated data regarding the reported complaints that includes the following:

(I) The number of allegations of judicial misconduct received, regardless of form;

(II) The types of judicial misconduct complaints received by the office of the

ombudsman and to what entity the complaint was forwarded, if applicable; and

(III) The demographics, including the gender, age, race, ethnicity, or disability, of judges

who are the subject of the complaint and those directly affected by the claimed judicial

misconduct.

(b) Help a complainant understand the complainant's rights and options in reporting and

filing a complaint with the commission and any other appropriate authority. This assistance

must:

(I) Include an explanation of the judicial discipline process, including the steps in the

process, the availability of confidential reporting, and confidentiality requirements during each

step of the process; and

(II) Be available throughout the entire complaint process, if requested by the

complainant.

community-based advocacy services, pro-bono or low-cost legal assistance or representation, or

any other resource, as necessary or requested;

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(d) Receive complaints from complainants, and facilitate communication with a

complainant and the appropriate party. This subsection (10)(d) does not prevent the commission

from also receiving complaints.

(e) Facilitate submission of complaints to the appropriate entity or party, only at the

discretion and consent of the complainant;

(f) Gather and evaluate data received by the office of the ombudsman through the

reporting system and hotline, created in subsection (10)(a) of this section, to provide insights

into work environment trends of the judicial department on an annual basis. To the extent

possible, data must be disaggregated by gender, ethnicity, and judicial district while maintaining

the confidentiality of those involved in the complaint. Findings from the data must be reported to

the department, commission, and general assembly as part of the judicial department's "SMART

Act" presentation required by section 2-7-203. The data must be presented in a manner that

protects the confidentiality of everyone involved. The report outlined in this subsection (10)(f)

shall not include personal identifying information, including gender, race, or ethnicity data, if

that could potentially identify the complainant, the subject of the complaint, or any other people

involved in the complaint. During the first two years of operation of the office of the

ombudsman, the report must include information and feedback from the office of the

ombudsman on the efficacy of the office of the ombudsman and provide recommendations for

improvements or adjustments. The report must be made public on the office of the ombudsman's

website.

(g) Serve in an advisory capacity to the commission and the department on rule-making

and provide insights and recommendations to the commission and department on changes to

their respective rules and human resource policies. This information must be made public on the

office of the ombudsman's website.

(h) Comply with all confidentiality provisions set by the commission;

(i) Ensure accountability and consistency in the operating policies and procedures of the

office of the ombudsman, including reasonable rules related to the administration of the

provisions of this section and any other standards of conduct and reporting requirements as

provided by law; and

(j) Serve as a liaison for communications between a complainant and the commission or

the department and, if requested by the complainant, ensure the complainant's anonymity.

(11) The ombudsman has discretion over whether or how to engage regarding individual,

group, or systematic concerns and may bring a concern to the attention of appropriate individuals

as the ombudsman deems appropriate.

(12) The ombudsman shall be available to a complainant to discuss complaints related to

the conduct of any judicial personnel.

(13) To be appointed as the ombudsman, a person must possess the following qualities

and qualifications:

(a) Prior experience serving as an ombudsman or in an ombudsman capacity;

(b) A deep understanding of and expertise in organizational culture and diversity, equity,

and inclusion;

(d) At least two years of victim advocacy experience or completion of substantial victim

advocacy training; and

(e) The ability to act in a nonpartisan manner.

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(14) All conversations and information disclosed to the ombudsman by a complainant

are confidential, unless the complainant gives the ombudsman permission to disclose the

information to a third party. If the complainant has not consented to disclosure, the ombudsman

shall forgo confidentiality when the disclosure involves an imminent threat of bodily harm to the

complainant or another person. Information is not discoverable if received during and within the

scope of the ombudsman's duties and responsibilities. The ombudsman is exempt from

mandatory reporting rules, statutes, including section 13-5.3-106, or as permitted by subsection

(11) of this section, and policies and shall not report an incident made known to the ombudsman

by a complainant unless the complainant provides consent.

(15) Records related to complaints received by the office of the ombudsman, and all

other communications between the ombudsman and a complainant, are not subject to public

disclosure as required by article 72 of title 24, and are not subject to the judicial department's

rules regarding public record disclosure.

(16) The office of the ombudsman is authorized to promulgate rules necessary to

implement the requirements of this section and to ensure confidentiality of the disclosures made

to the office of the ombudsman by complainants.

(17) In the performance of the ombudsman's duties, the ombudsman shall act

independently of the department and commission. Any recommendations made or positions

taken by the ombudsman or the office of the ombudsman do not reflect those of the department

or the commission.

Source: L. 2023: Entire section added, (HB 23-1205), ch. 430, p. 2525, § 2, effective

June 7.

Cross references: For the legislative declaration in HB 23-1205, see section 1 of chapter

430, Session Laws of Colorado 2023.

ARTICLE 4

Court of Appeals

13-4-101. Establishment. There is hereby created the court of appeals, pursuant to

section 1 of article VI of the state constitution. The court of appeals shall be a court of record.

Judges of the court of appeals may serve in any state court with full authority as provided by

law, when called upon to do so by the chief justice of the supreme court.

Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-1. L. 90: Entire section amended, p.

1247, § 1, effective April 5.

13-4-102. Jurisdiction. (1) Any provision of law to the contrary notwithstanding, the

court of appeals shall have initial jurisdiction over appeals from final judgments of, and

interlocutory appeals of certified questions of law in civil cases pursuant to section 13-4-102.1

from, the district courts, the probate court of the city and county of Denver, and the juvenile

court of the city and county of Denver, except in:

(a) Repealed.

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(b) Cases in which a statute, a municipal charter provision, or an ordinance has been

declared unconstitutional;

(d) Water cases involving priorities or adjudications;

(e) Writs of habeas corpus;

(f) Cases appealed from the county court to the district court, as provided in section

13-6-310;

(g) Review actions of the Colorado dental board in refusing to issue or renew or in

suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as

provided in section 12-220-208;

(h) Cases appealed from the district court granting or denying postconviction relief in a

case in which a sentence of death has been imposed for an offense charged prior to July 1, 2020.

(2) The court of appeals has initial jurisdiction to:

(a) Review awards or actions of the industrial claim appeals office, as provided in

articles 43 and 74 of title 8, C.R.S.;

(b) Review orders of the banking board granting or denying charters for new state banks,

as provided in article 102 of title 11, C.R.S.;

(d) Review all final actions and orders appropriate for judicial review of the Colorado

podiatry board, as provided in section 12-290-115;

(e) Review all final actions and orders appropriate for judicial review of the Colorado

state board of chiropractic examiners, as provided in section 12-215-122;

(f) Review actions of the Colorado medical board in refusing to grant or in revoking or

suspending a license or in placing the holder thereof on probation, as provided in section

12-240-127;

(g) Review actions of the Colorado dental board in refusing to issue or renew or in

suspending or revoking a license to practice dentistry, dental therapy, or dental hygiene, as

provided in section 12-220-208;

(h) Review all final actions and orders appropriate for judicial review of the state board

of nursing, as provided in articles 255 and 295 of title 12;

(i) Review actions of the state board of optometry in refusing to grant or renew,

revoking, or suspending a license, issuing a letter of admonition, or placing a licensee on

probation or under supervision, as provided by section 12-275-122 (2);

(j) Review all final actions and orders appropriate for judicial review of the director of

the division of professions and occupations, as provided in article 285 of title 12;

(k) Review all final actions and orders appropriate for judicial review of the state board

of pharmacy, as provided in section 12-280-128;

(l) Review decisions of the board of education of a school district in proceedings for the

dismissal of a teacher, as provided in section 22-63-302 (10), C.R.S.;

(m) Review final decisions or orders of the Colorado real estate commission, as provided

in parts 2 and 5 of article 10 of title 12;

(m.5) Repealed.

(n) Review final decisions and orders of the Colorado civil rights commission, as

provided in parts 3, 4, and 7 of article 34 of title 24, C.R.S.;

(o) Repealed.

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(p) Review decisions of the state personnel board, as provided in section 24-50-125.4,

C.R.S.;

(q) Review final actions and orders appropriate for judicial review of the state electrical

board, as provided in article 115 of title 12;

(r) Review all final actions and orders appropriate for judicial review of the state board

of licensure for architects, professional engineers, and professional land surveyors, as provided

in section 12-120-407 (4);

(s) Review final actions and orders of the boards, as defined in section 12-245-202 (1),

that are appropriate for judicial review and final actions;

(t) (Deleted by amendment, L. 2008, p. 426, § 25, effective August 5, 2008.)

(u) Review all final actions and orders appropriate for judicial review of the coal mine

board of examiners, as provided in section 34-22-107 (8), C.R.S.;

(v) Review final actions and orders of the director of the division of professions and

occupations appropriate for judicial review, as provided in section 12-145-116;

(w) Review final actions and orders appropriate for judicial review of the examining

board of plumbers;

(x) Review decisions of the board of assessment appeals, as provided in section

39-8-108 (2), C.R.S.;

(y) and (z) Repealed.

(aa) (Deleted by amendment, L. 98, p. 818, § 14, effective August 5, 1998.)

(bb) Repealed.

(cc) Review final actions and orders appropriate for judicial review of the securities

commissioner, as provided in section 11-59-117, C.R.S.;

(dd) Review final actions and orders appropriate for judicial review of the commissioner

of insurance, pursuant to title 10, C.R.S.;

(ee) Review final actions and orders appropriate for judicial review of the Colorado

racing commission, as provided in section 44-32-507 (4);

(ff) Review final actions and orders appropriate for judicial review of the Colorado

passenger tramway safety board, as provided in section 12-150-109;

(gg) Repealed.

(hh) Review final actions and orders appropriate for judicial review of the state board of

veterinary medicine, as provided in section 12-315-113;

(ii) Review all final actions and orders appropriate for judicial review of the director of

the division of professions and occupations, as provided in section 12-225-109 (4);

(jj) Review all final actions and orders appropriate for judicial review of the executive

director of the department of labor and employment, as provided in section 8-20-104, C.R.S.;

(kk) Review all final actions and orders appropriate for judicial review of the director of

the division of professions and occupations in the department of regulatory agencies, as provided

in section 12-270-114 (8);

(ll) Repealed.

(mm) Review final decisions or orders of the administrator as provided in article 20 of

title 5; and

(nn) Review final decisions or orders of the administrator as provided in article 21 of

title 5.

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(3) The court of appeals shall have authority to issue any writs, directives, orders, and

mandates necessary to the determination of cases within its jurisdiction.

(4) (Deleted by amendment, L. 95, p. 235, § 4, effective April 17, 1995.)

Source: L. 69: p. 265, § 1. C.R.S. 1963: § 37-21-2. L. 73: p. 358, § 2. L. 74: (1)(a)

repealed, p. 236, § 4, effective July 1. L. 75: (2) amended, p. 555, § 2, effective April 9; (2)

amended, p. 459, § 9, effective July 1. L. 77: (2) amended, p. 717, § 2, effective July 1. L. 78:

(2) amended, p. 302, § 4, effective July 1. L. 79: (2) amended, p. 919, § 1, effective July 1; (2)

amended, p. 803, § 5, effective July 1; (2) amended, p. 553, § 1, effective March 1, 1980. L. 80:

(1)(g) amended, p. 438, § 2, effective January 1, 1981. L. 83: (2) amended, p. 473, § 4, effective

April 5. L. 85: (2) amended, p. 566, § 12, effective July 1; (2) amended, p. 484, § 2, effective

July 1; (2) amended, p. 532, § 12, effective July 1; (2) amended, p. 505, § 21, effective July 1;

(2) amended, p. 510, § 8, effective July 1; (2) amended, p. 538, § 13, effective July 1; IP(1) and

(1)(f) amended, p. 570, § 3, effective November 14, 1986. L. 86: (2) amended, p. 978, § 9,

effective April 3; (2) amended, p. 653, § 31, effective July 1; (2) amended, p. 498, § 116,

effective July 1; (2) amended, p. 621, § 34, effective July 1; (2) amended, p. 1217, § 14, effective

July 1. L. 88: (2)(x) added, p. 1305, § 14, effective April 29; (2)(o) and (2)(p) amended and

(2)(u) added, p. 1199, § 9, effective May 3; (2)(o) and (2)(p) amended and (2)(r) added, p. 470, §

12, effective July 1; (2)(o) amended and (2)(s) and (2)(t) added, p. 568, § 6, effective July 1;

(2)(o) and (2)(p) amended and (2)(v) added, p. 582, § 2, effective July 1; (2)(q) added, p. 502, §

22, effective July 1; (2)(w) added, p. 593, § 19, effective July 1. L. 89: (2)(m) amended, p. 744,

§ 23, effective April 3; (2)(y), (2)(z), and (2)(aa) added, pp. 728, 747, 406, §§ 31, 4, 6, effective

July 1. L. 89, 1st Ex. Sess.: (2)(bb) added, p. 13, § 3, effective July 7. L. 90: (2)(l) amended, p.

1128, § 2, effective July 1. L. 91: (2)(cc) added, p. 2425, § 4, effective June 8; (2)(a) amended

and (4) added, p. 1337, § 54, effective July 1. L. 92: (2)(dd) added, p. 1613, § 167, effective

May 20; (1)(b) amended, p. 271, § 1, effective July 1. L. 93: (2)(ee) added, p. 1235, § 2,

effective July 1; (2)(ee) added, p. 1033, § 14, effective July 1; (2)(ff) added, p. 1532, § 1,

effective July 1. L. 94: (2)(y) repealed, p. 705, § 7, effective April 19; (1)(h) added, p. 1474, § 3,

effective July 1. L. 95: (2)(a) and (4) amended, p. 235, § 4, effective April 17; (2)(f) amended, p.

1072, § 24, effective July 1; (2)(aa) amended, p. 419, § 6, effective July 1. L. 98: (2)(s)

amended, p. 1158, § 28, effective July 1; (2)(gg) added, p. 1186, § 4, effective July 1; (2)(o) and

(2)(aa) amended, p. 818, § 14, effective August 5. L. 2001: (2)(ii) added, p. 1260, § 8, effective

June 5; (2)(hh) added, p. 480, § 13, effective July 1. L. 2003: (2)(jj) added, p. 1828, § 21,

effective May 21; (2)(b) amended, p. 1209, § 18, effective July 1. L. 2004: (2)(c) amended, p.

1310, § 52, effective May 28; (2)(g) amended, p. 857, § 2, effective July 1. L. 2006: (2)(c) and

(2)(r) amended, p. 761, § 19, effective July 1. L. 2008: (2)(kk) added, p. 830, § 3, effective July

1; (2)(s) and (2)(t) amended, p. 426, § 25, effective August 5. L. 2010: (2)(f) amended, (HB

10-1260), ch. 403, p. 1985, § 70, effective July 1; IP(1) amended, (HB 10-1395), ch. 364, p.

1719, § 1, effective August 11. L. 2011: IP(2) and (2)(i) amended, (SB 11-094), ch. 129, p. 451,

§ 29, effective April 22; IP(2) and (2)(s) amended, (SB 11-187), ch. 285, p. 1326, § 66, effective

July 1. L. 2012: (2)(z) amended, (HB 12-1297), ch. 139, p. 506, § 4, effective April 26; (2)(k)

amended, (HB 12-1311), ch. 281, p. 1617, § 33, effective July 1. L. 2013: (2)(m.5) added, (HB

13-1277), ch. 352, p. 2054, § 4, effective January 1, 2015. L. 2014: (2)(kk) amended and (2)(ll)

added, (HB 14-1398), ch. 353, p. 1646, § 3, effective June 6; (2)(g) amended, (HB 14-1227), ch.

363, p. 1736, § 41, effective July 1. L. 2016: (1)(g) amended, (SB 16-189), ch. 210, p. 758, § 22,

Colorado Revised Statutes 2023 Uncertified PrintoutPage 72 of 671

effective June 6. L. 2018: (2)(gg) amended, (SB 18-1375), ch. 274, p. 1696, § 9, effective May

29; (2)(ee) amended, (HB 18-1024), ch. 26, p. 321, § 8, effective October 1; (2)(gg) amended,

(SB 18-036), ch. 34, p. 377, § 4, effective October 1. L. 2019: (2)(o) repealed, (SB 19-241), ch.

390, p. 3463, § 6, effective August 2; (2)(mm) added, (SB 19-002), ch. 157, p. 1872, § 4,

effective August 2; (2)(d), (2)(e), (2)(f), (2)(g), (2)(h), (2)(i), (2)(j), (2)(k), (2)(m), (2)(o), (2)(q),

(2)(r), (2)(s), (2)(v), (2)(bb), (2)(ff), (2)(hh), (2)(ii), and (2)(kk) amended, (HB 19-1172), ch.

136, p. 1661, § 66, effective October 1. L. 2020: (1)(h) amended, (SB 20-100), ch. 61, p. 204, §

2, effective March 23; (2)(m.5) repealed, (HB 20-1402), ch. 216, p. 1045, § 23, effective June

30; (2)(bb) repealed, (HB 20-1183), ch. 157, p. 699, § 49, effective July 1; (2)(gg) repealed, (HB

20-1001), ch. 302, p. 1516, § 13, effective July 14; (1)(g) amended, (HB 20-1056), ch. 64, p.

262, § 4, effective September 14; (2)(kk) amended and (2)(ll) repealed, (HB 20-1217), ch. 93, p.

369, § 3, effective September 14. L. 2021: (2)(kk) amended, (SB 21-003), ch. 4, p. 29, § 6,

effective January 21; (2)(nn) added, (HB 21-1282), ch. 482, p. 3444, § 2, effective January 1,

2022. L. 2022: (1)(g) and (2)(g) amended, (SB 22-219), ch. 381, p. 2724, § 32, effective January

1, 2023.

Editor's note: (1) Amendments to subsection (2) by House Bill 79-1234 and Senate Bill

79-038 were harmonized with Senate Bill 79-099, effective March 1, 1980.

(2) Amendments to subsection (2) by Senate Bill 85-013, Senate Bill 85-049, House Bill

85-1030, House Bill 85-1031, House Bill 85-1032, and House Bill 85-1209 were harmonized.

(3) Amendments to subsection (2) by Senate Bill 86-011, Senate Bill 86-012, Senate Bill

86-165, House Bill 86-1029, and House Bill 86-1268 were harmonized.

(4) Amendments to subsection (2)(ee) by House Bill 93-1034 and House Bill 93-1268

were harmonized.

(5) Amendments to subsection (2)(gg) by HB 18-1375 and SB 18-036 were harmonized.

(6) Subsection (2)(o) was amended in HB 19-1172, effective October 1, 2019. However,

those amendments were superseded by the repeal of subsection (2)(o) in SB 19-241, effective

August 2, 2019.

Cross references: For the legislative declaration contained in the 2003 act enacting

subsection (2)(jj), see section 1 of chapter 279, Session Laws of Colorado 2003. For the

legislative declaration in SB 19-002, see section 1 of chapter 157, Session Laws of Colorado

2019. For the legislative declaration in SB 22-219, see section 1 of chapter 381, Session Laws of

Colorado 2022.

13-4-102.1. Interlocutory appeals of determinations of questions of law in civil cases.

(1) The court of appeals, under rules promulgated by the Colorado supreme court, may permit

an interlocutory appeal of a certified question of law in a civil matter from a district court or the

probate court of the city and county of Denver if:

(a) The trial court certifies that immediate review may promote a more orderly

disposition or establish a final disposition of the litigation; and

(b) The order involves a controlling and unresolved question of law.

(2) A majority of the judges who are in regular active service on the court of appeals and

who are not disqualified may, if approved by rules promulgated by the Colorado supreme court,

Colorado Revised Statutes 2023 Uncertified PrintoutPage 73 of 671

order that an interlocutory appeal permitted by the court of appeals be heard or reheard by the

court of appeals en banc.

Source: L. 2010: Entire section added, (HB 10-1395), ch. 364, p. 1719, § 2, effective

August 11.

Cross references: For interlocutory appeals in civil cases, see C.A.R. 4.2.

13-4-102.2. Interlocutory appeals of motions to dismiss actions involving

constitutional rights. The court of appeals has initial jurisdiction over appeals from motions to

dismiss actions involving constitutional rights pursuant to section 13-20-1101.

Source: L. 2019: Entire section added, (HB 19-1324), ch. 414, p. 3650, § 2, effective

July 1.

13-4-103. Number of judges - qualifications. (1) The number of judges of the court of

appeals shall be sixteen. Effective July 1, 2006, the number of judges of the court of appeals

shall be nineteen. Subject to available appropriations, effective July 1, 2008, the number of

judges of the court of appeals shall be twenty-two.

(2) Judges of the court of appeals shall have the same qualifications as justices of the

Colorado supreme court.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-3. L. 74: (1) amended, p. 236, § 2,

effective July 1. L. 87: (1) amended, p. 560, § 1, effective July 1. L. 2006: (1) amended, p. 22, §

1, effective July 1; (1) amended, p. 142, § 8, effective August 7. L. 2007: (1) amended, p. 1530,

§ 17, effective May 31.

Editor's note: Amendments to subsection (1) by Senate Bill 06-033 and House Bill

06-1028 were harmonized.

13-4-104. Term of office - selection. (1) The term of office for a judge of the court of

appeals is eight years.

(2) Judicial appointments to the court of appeals shall be made pursuant to section 20 of

article VI of the state constitution.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-4. L. 72: p. 592, § 65.

13-4-104.5. Temporary judicial duties. Whenever the chief justice of the supreme court

deems assignment of a judge necessary to the prompt disposition of judicial business, the chief

justice may assign any judge of the court of appeals, or any retired judge of the court of appeals

who consents, to temporarily perform judicial duties in any court of record. For each day of such

temporary service a retired judge shall receive compensation as provided by law.

Source: L. 90: Entire section added, p. 1247, § 2, effective April 5.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 74 of 671

13-4-105. Chief judge. The chief justice of the supreme court shall appoint a judge of the

court of appeals to serve as chief judge at the pleasure of the chief justice. The chief judge shall

exercise such administrative powers as may be delegated to him by the chief justice.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-5.

13-4-106. Divisions. (1) The court of appeals shall sit in divisions of three judges each

to hear and determine all matters before the court.

(2) The chief judge, with the approval of the chief justice, shall assign judges to each

division. Such assignments shall be changed from time to time as determined by the chief judge,

with the approval of the chief justice.

(3) Cases shall be assigned to the divisions of the court of appeals in rotation according

to the order in which they are filed with the clerk of the court of appeals or transferred by the

supreme court, except that the chief judge has the authority to transfer cases from one division to

another to maintain approximately equal case loads or for any other appropriate reason.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-6.

13-4-107. Place of court. The court of appeals shall be located in the city and county of

Denver, but any division of the court of appeals may sit in any county seat for the purpose of

hearing oral argument in cases before the division.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-7.

13-4-108. Supreme court review. (1) Before application may be made for writ of

certiorari, as provided in this section, application shall be made to the court of appeals for a

rehearing if required by supreme court rule.

(2) Within twenty-eight days after a rehearing has been refused by the court of appeals,

any party in interest who is aggrieved by the judgment of the court of appeals may appeal by

application to the supreme court for a writ of certiorari.

(3) Procedures on writs of certiorari, including procedures for rehearings, shall be as

prescribed by rule of the supreme court.

Source: L. 69: p. 266, § 1. C.R.S. 1963: § 37-21-8. L. 98: Entire section amended, p.

949, § 11, effective May 27. L. 2013: (2) amended, (HB 13-1126), ch. 58, p. 191, §2, effective

July 1.

Cross references: For review on certiorari, see C.A.R. 49.

13-4-109. Certification of cases to the supreme court. (1) The court of appeals, prior

to final determination, may certify any case before it to the supreme court for its review and final

determination, if the court of appeals finds:

(a) The subject matter of the appeal has significant public interest;

(b) The case involves legal principles of major significance; or

Colorado Revised Statutes 2023 Uncertified PrintoutPage 75 of 671

justice requires certification.

(2) The supreme court shall consider such certification and may accept the case for final

determination or remand it for determination by the court of appeals.

(3) The supreme court may order the court of appeals to certify any case before the court

of appeals to the supreme court for final determination.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-9.

13-4-110. Determination of jurisdiction - transfer of cases. (1) (a) When a party in

interest alleges, or the court is of the opinion, that a case before the court of appeals is not

properly within the jurisdiction of the court of appeals, the court of appeals shall refer the case to

the supreme court. The supreme court shall decide the question of jurisdiction in a summary

manner, and its determination shall be conclusive.

(b) A party in interest shall allege that a case is not properly within the jurisdiction of the

court of appeals by motion filed with the court of appeals within twenty-one days after the date

the record is filed with the clerk of the court of appeals, failing which any objection to

jurisdiction by a party in interest shall be waived.

(2) Any case within the jurisdiction of the court of appeals which is filed erroneously in

the supreme court shall be transferred to the court of appeals by the supreme court.

(3) No case filed either in the supreme court or the court of appeals shall be dismissed

for having been filed in the wrong court but shall be transferred and considered properly filed in

the court which the supreme court determines has jurisdiction.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-10. L. 71: p. 372, § 1. L. 2012: (1)(b)

amended, (SB 12-175), ch. 208, p. 822, § 2, effective July 1.

13-4-111. Employees - compensation. (1) Subject to the rules and regulations of the

supreme court, the court of appeals shall appoint a clerk, a reporter of decisions, deputy clerks,

and such other assistants as may be necessary.

(2) Each judge of the court of appeals may appoint a law clerk who shall be learned in

the law and one secretary or stenographer. The persons so employed may be discharged or

removed at the pleasure of the judge employing them.

(3) All employees appointed under subsections (1) and (2) of this section shall be paid

such compensation as shall be prescribed by the rules and regulations of the supreme court.

Source: L. 69: p. 267, § 1. C.R.S. 1963: § 37-21-11. L. 74: (1) amended, p. 236, § 3,

effective July 1.

13-4-112. Fees of the clerk of court of appeals. (1) (a) Within the time allowed or fixed

for transmission of the record, the appellant shall pay to the clerk of the court of appeals a docket

fee of two hundred twenty-three dollars.

(b) The docket fee for the appellee shall be one hundred forty-eight dollars to be paid

upon the entry of appearance of the appellee.

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(2) (a) Each fee collected pursuant to paragraph (a) of subsection (1) of this section shall

be transmitted to the state treasurer and divided as follows:

(I) One hundred fifty dollars shall be deposited in the supreme court library fund created

pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in

section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in

section 13-32-101 (7)(a).

(b) Each fee collected pursuant to paragraph (b) of subsection (1) of this section shall be

transmitted to the state treasurer and divided as follows:

(I) Seventy-five dollars shall be deposited in the supreme court library fund created

pursuant to section 13-2-120;

(II) Five dollars shall be deposited in the judicial stabilization cash fund created in

section 13-32-101 (6); and

(III) Sixty-eight dollars shall be deposited in the justice center cash fund created in

section 13-32-101 (7)(a).

Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-12. L. 82: Entire section R&RE, p.

285, § 3, effective July 1. L. 98: (2) amended, p. 685, § 2, effective July 1. L. 2007: Entire

section amended, p. 1530, § 18, effective May 31. L. 2008: Entire section amended, p. 2114, § 6,

effective June 4.

Cross references: For the legislative declaration contained in the 2008 act amending this

section, see section 1 of chapter 417, Session Laws of Colorado 2008.

13-4-113. Publication of decisions.

(1) Repealed.

(2) Those court of appeals opinions to be published in full shall be selected as prescribed

by supreme court rule.

Source: L. 69: p. 268, § 1. C.R.S. 1963: § 37-21-13. L. 74: (1) repealed, p. 236, § 4,

effective July 1.

Cross references: For the duty of reporter to compile and publish decisions, see §

13-2-123.

ARTICLE 5

Judicial Districts

PART 1

JUDGES - TERMS

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13-5-101. Judicial districts and terms. [Editor's note: This version of this section is

effective until January 7, 2025.] The state is divided into twenty-two judicial districts as

prescribed by this part 1. Terms of court shall be fixed by rules adopted by the district court in

each district; except that at least one term of court shall be held each calendar year in each

county within the district, at the county seat of such county.

13-5-101. Judicial districts and terms. [Editor's note: This version of this section is

effective January 7, 2025.] The state is divided into twenty-three judicial districts as prescribed

by this part 1. Terms of court shall be fixed by rules adopted by the district court in each district;

except that at least one term of court shall be held each calendar year in each county within the

district, at the county seat of such county.

Source: L. 64: p. 398, § 1. C.R.S. 1963: § 37-12-1. L. 83: Entire section amended, p.

600, § 2, effective May 20. L. 2020: Entire section amended, (HB 20-1026), ch. 40, p. 136, § 2,

effective January 7, 2025.

Cross references: (1) For the constitutional authority for general assembly's changing of

boundaries of judicial districts by a two-thirds vote of each house, see § 10(1) of art. VI, Colo.

Const.

(2) For the legislative declaration in HB 20-1026, see section 1 of chapter 40, Session

Laws of Colorado 2020.

13-5-102. First district. (1) The first judicial district shall be composed of the counties

of Gilpin and Jefferson.

(2) (a) The number of judges for the first judicial district shall be eleven.

(b) Subject to available appropriations, effective July 1, 2004, the number of judges for

the first judicial district shall be twelve.

the first judicial district shall be thirteen.

(d) (Deleted by amendment, L. 2011, (SB 11-028), ch. 21, p. 52, § 1, effective March 11,

2011.)

(e) Repealed.

(f) Notwithstanding the provisions of paragraph (a) of this subsection (2), subject to

available appropriations, effective July 1, 2012, the number of judges for the first judicial district

shall be thirteen.

(g) Subject to available appropriations, effective January 1, 2020, the number of judges

for the first judicial district is fourteen.

(3) (a) Notwithstanding any provision of law to the contrary, the district and county

judges regularly assigned to Gilpin county may sit and maintain their official chambers at a

single location anywhere within such county, and any related office may also be maintained at

such location.

(b) As used in this subsection (3), "related office" includes but need not be limited to the

offices of the sheriff, county clerk and recorder, county treasurer, clerk of district court, and

clerk of county court.

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Source: L. 64: p. 398, § 2. C.R.S. 1963: § 37-12-2. L. 75: (1) amended, p. 559, § 1,

effective July 1; (2) amended, p. 557, § 1, effective July 1. L. 77: (2) amended, p. 781, § 1,

effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 1, effective January 1, 1991. L. 93:

(3) added, p. 91, § 1, effective July 1. L. 99: (2) amended, p. 557, § 1, effective July 1. L. 2001:

(1) and (2) amended, p. 141, § 1, effective July 1. L. 2007: (2) amended, p. 1525, § 1, effective

May 31. L. 2011: (2) amended, (SB 11-028), ch. 21, p. 52, § 1, effective March 11. L. 2012:

(2)(e) repealed and (2)(f) added, (HB 12-1073), ch. 11, p. 28, § 1, effective July 1. L. 2019:

(2)(g) added, (SB 19-043), ch. 41, p. 140, § 1, effective March 21.

13-5-103. Second district. (1) The second judicial district shall be composed of the city

and county of Denver.

(2) (a) The number of judges for the second judicial district shall be nineteen. Effective

January 1, 1978, the number of judges shall be twenty.

(b) Subject to available appropriations, effective July 1, 2008, the number of judges for

the second judicial district shall be twenty-one.

the second judicial district shall be twenty-three.

(d) Subject to available appropriations, effective July 1, 2019, the number of judges for

the second judicial district is twenty-five.

(e) Subject to available appropriations, effective January 1, 2020, the number of judges

for the second judicial district is twenty-seven.

Source: L. 64: p. 398, § 3. C.R.S. 1963: § 37-12-3. L. 71: p. 368, § 1. L. 75: (2)

amended, p. 557, § 2, effective January 1, 1976. L. 77: (2) amended, p. 781, § 2, effective July 1.

L. 2007: (2) amended, p. 1525, § 2, effective May 31. L. 2019: (2)(d) and (2)(e) added, (SB

19-043), ch. 41, p. 140, § 2, effective March 21.

13-5-104. Third district. (1) The third judicial district shall be composed of the counties

of Las Animas and Huerfano.

(2) The number of judges for the third judicial district shall be two.

(3) The third judicial district shall be divided into two divisions. The northern division

shall consist of the county of Huerfano, and the southern division shall consist of the county of

Las Animas. One judge of the district shall maintain his official residence and chambers in the

northern division of the district, and one judge shall maintain his official residence and chambers

in the southern division of the district. Travel and maintenance expenses shall be allowed a judge

of the district only when he is outside the county of his official residence. For all other purposes,

the district shall be considered as a single entity. The allocation of judges to the northern and

southern divisions shall be made by court rule. In the event that the judges of the district are

unable to agree upon an allocation by rule, the matter shall be determined by the chief justice of

the supreme court.

Source: L. 64: p. 398, § 4. C.R.S. 1963: § 37-12-4. L. 81: (3) amended, p. 2024, § 12,

effective July 14.

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13-5-105. Fourth district. (1) The fourth judicial district shall be composed of the

counties of El Paso and Teller.

(2) (a) The number of judges for the fourth judicial district shall be fifteen.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for

the fourth judicial district shall be sixteen.

the fourth judicial district shall be seventeen.

(d) Subject to available appropriations, effective July 1, 2004, the number of judges for

the fourth judicial district shall be nineteen.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for

the fourth judicial district shall be twenty.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for

the fourth judicial district shall be twenty-two.

(g) Subject to available appropriations, effective July 1, 2019, the number of judges for

the fourth judicial district is twenty-three.

(h) Subject to available appropriations, effective January 1, 2020, the number of judges

for the fourth judicial district is twenty-four.

Source: L. 64: pp. 399, 405, 407, §§ 5, 1, 1. C.R.S. 1963: § 37-12-5. L. 67: p. 258, § 1.

L. 69: p. 261, § 1. L. 71: p. 369, § 1. L. 75: (2) amended, p. 557, § 3, effective January 1, 1976.

L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 2, effective January 1, 1991. L. 91: (2) amended, p.

349, § 1, effective July 1. L. 97: (2) amended, p. 939, § 1, effective July 1, 1998. L. 2000: Entire

section amended, p. 71, § 1, effective July 1. L. 2001: Entire section amended, p. 141, § 2,

effective July 1. L. 2007: (2) amended, p. 1526, § 3, effective May 31. L. 2019: (2)(g) and (2)(h)

added, (SB 19-043), ch. 41, p. 140, § 3, effective March 21.

13-5-106. Fifth district. (1) The fifth judicial district shall be composed of the counties

of Clear Creek, Eagle, Lake, and Summit.

(2) (a) The number of judges for the fifth judicial district shall be six.

(b) and (c) Repealed.

(d) At least one of the judges for the fifth judicial district shall maintain his or her

official chambers and residence in the county of Eagle, Lake, or Summit.

Source: L. 64: p. 399, § 6. C.R.S. 1963: § 37-12-6. L. 75: Entire section amended, p.

559, § 2, effective July 1. L. 84: (2) amended, p. 454, § 1, effective September 1. L. 2001: Entire

section amended, p. 142, § 3, effective July 1. L. 2013: (2)(a) amended and (2)(b) and (2)(c)

repealed, (HB 13-1035), ch. 13, p. 35, § 1, effective July 1.

13-5-107. Sixth district. (1) The sixth judicial district shall be composed of the counties

of Archuleta, La Plata, and San Juan.

(2) (a) The number of judges for the sixth judicial district shall be two.

(b) (Deleted by amendment, L. 2012.)

available appropriations, effective July 1, 2012, the number of judges for the sixth judicial

district shall be four.

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Source: L. 64: p. 399, § 7. C.R.S. 1963: § 37-12-7. L. 2001: Entire section amended, p.

142, § 4, effective July 1. L. 2012: (2) amended, (HB 12-1073), ch. 11, p. 28, § 2, effective July

13-5-108. Seventh district. (1) The seventh judicial district shall be composed of the

counties of Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel.

(2) (a) The number of judges for the seventh judicial district shall be three.

(b) Subject to available appropriations, effective July 1, 2003, the number of judges for

the seventh judicial district shall be four.

available appropriations, effective July 1, 2011, the number of judges for the seventh judicial

district shall be five.

Source: L. 64: p. 400, § 8. C.R.S. 1963: § 37-12-8. L. 84: (2) amended, p. 454, § 2,

effective September 1. L. 2001: Entire section amended, p. 142, § 5, effective July 1. L. 2011:

(2) amended, (SB 11-028), ch. 21, p. 52, § 2, effective March 11.

13-5-109. Eighth district. (1) The eighth judicial district shall be composed of the

counties of Larimer and Jackson.

(2) (a) The number of judges for the eighth judicial district shall be five.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the eighth judicial district shall be six.

the eighth judicial district shall be seven.

(d) Subject to available appropriations, effective July 1, 2009, the number of judges for

the eighth judicial district shall be eight.

(e) Subject to available appropriations, effective January 1, 2020, the number of judges

for the eighth judicial district is nine.

Source: L. 64: p. 400, § 9. C.R.S. 1963: § 37-12-9. L. 75: (2) amended, p. 557, § 4,

effective July 1. L. 2001: Entire section amended, p. 142, § 6, effective July 1. L. 2007: (2)

amended, p. 1526, § 4, effective May 31. L. 2019: (2)(e) added, (SB 19-043), ch. 41, p. 141, § 4,

effective March 21.

13-5-110. Ninth district. (1) The ninth judicial district shall be composed of the

counties of Garfield, Pitkin, and Rio Blanco.

(2) (a) The number of judges for the ninth judicial district shall be five.

(b) (Deleted by amendment, L. 2013.)

Source: L. 64: p. 400, § 10. C.R.S. 1963: § 37-12-10. L. 72: p. 188, § 1. L. 2007: (2)

amended, p. 1526, § 5, effective May 31. L. 2013: (2) amended, (HB 13-1035), ch. 13, p. 35, §

2, effective July 1.

13-5-111. Tenth district. (1) The tenth judicial district shall be composed of the county

of Pueblo.

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(2) (a) The number of judges for the tenth judicial district shall be six.

(b) Subject to available appropriations, effective July 1, 2008, the number of judges for

the tenth judicial district shall be seven.

the tenth judicial district is eight.

Source: L. 64: p. 400, § 11. C.R.S. 1963: § 37-12-11. L. 73: p. 493, § 1. L. 75: (2)

amended, p. 558, § 5, effective July 1. L. 2007: (2) amended, p. 1526, § 6, effective May 31. L.

2019: (2)(c) added, (SB 19-043), ch. 41, p. 141, § 5, effective March 21.

13-5-112. Eleventh district. (1) The eleventh judicial district shall be composed of the

counties of Chaffee, Custer, Fremont, and Park.

(2) (a) The number of judges for the eleventh judicial district shall be three.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the eleventh judicial district shall be four.

(3) The eleventh judicial district shall be divided into two divisions. The northern

division shall consist of the counties of Chaffee and Park, and the southern division shall consist

of the counties of Fremont and Custer. One judge of the district shall maintain his official

residence and chambers in the northern division of the district, one judge shall maintain his

official residence and chambers in the southern division of the district, and one judge shall sit in

both divisions as assigned by the chief judge. Travel and maintenance expenses shall be allowed

a judge of the district only when he is outside the county of his official residence. For all other

purposes the district shall be considered as a single entity. The allocation of judges to the

northern and southern divisions shall be made by court rule. In the event that the judges of the

district are unable to agree upon an allocation by rule, the matter shall be determined by the chief

justice of the supreme court.

Source: L. 64: p. 400, § 12. C.R.S. 1963: § 37-12-12. L. 80: (2) and (3) amended, p.

507, § 1, effective July 1. L. 81: (3) amended, p. 2024, § 13, effective July 14. L. 2007: (2)

amended, p. 1527, § 7, effective May 31.

13-5-113. Twelfth district. (1) The twelfth judicial district shall be composed of the

counties of Alamosa, Conejos, Costilla, Mineral, Rio Grande, and Saguache.

(2) (a) The number of judges for the twelfth judicial district shall be two.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the twelfth judicial district shall be three.

the twelfth judicial district shall be four.

Source: L. 64: p. 401, § 13. C.R.S. 1963: § 37-12-13. L. 2007: (2) amended, p. 1527, §

8, effective May 31. L. 2015: (2)(c) added, (HB 15-1034), ch. 39, p. 98, § 1, effective March 20.

13-5-114. Thirteenth district. (1) The thirteenth judicial district shall be composed of

the counties of Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma.

(2) (a) The number of judges for the thirteenth judicial district shall be four.

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(b) Subject to available appropriations, effective July 1, 2019, the number of judges for

the thirteenth judicial district is five.

Source: L. 64: p. 401, § 14. C.R.S. 1963: § 37-12-14. L. 69: p. 261, § 2. L. 2019: (2)

amended, (SB 19-043), ch. 41, p. 141, § 6, effective March 21.

13-5-115. Fourteenth district. (1) The fourteenth judicial district shall be composed of

the counties of Grand, Moffat, and Routt.

(2) (a) The number of judges for the fourteenth judicial district shall be two.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the fourteenth judicial district shall be three.

Source: L. 64: p. 401, § 15. C.R.S. 1963: § 37-12-15. L. 74: (2) amended, p. 235, § 1,

effective July 1. L. 2007: (2) amended, p. 1527, § 9, effective May 31.

13-5-116. Fifteenth district. (1) The fifteenth judicial district shall be composed of the

counties of Baca, Cheyenne, Kiowa, and Prowers.

(2) The number of judges for the fifteenth judicial district shall be two.

Source: L. 64: p. 401, § 16. C.R.S. 1963: § 37-12-16.

13-5-117. Sixteenth district. (1) The sixteenth judicial district shall be composed of the

counties of Bent, Crowley, and Otero.

(2) The number of judges for the sixteenth judicial district shall be two.

Source: L. 64: p. 401, § 17. C.R.S. 1963: § 37-12-17.

13-5-118. Seventeenth district. (1) The seventeenth judicial district shall be composed

of the county of Adams and the city and county of Broomfield.

(2) (a) The number of judges for the seventeenth judicial district shall be eight.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for

the seventeenth judicial district shall be nine.

the seventeenth judicial district shall be ten.

(d) Subject to available appropriations, effective July 1, 2007, the number of judges for

the seventeenth judicial district shall be eleven.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for

the seventeenth judicial district shall be thirteen.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for

the seventeenth judicial district shall be fifteen.

(g) Subject to available appropriations, effective January 1, 2020, the number of judges

for the seventeenth judicial district is sixteen.

(3) The seventeenth judicial district shall have jurisdiction over all causes of action

accruing and all crimes committed within the city and county of Broomfield on or after

November 15, 2001. Prior to November 15, 2001, the judicial districts for the counties, as they

Colorado Revised Statutes 2023 Uncertified PrintoutPage 83 of 671

existed prior to November 15, 2001, shall have jurisdiction over all causes of action accruing and

crimes committed within such counties.

Source: L. 64: p. 401, § 18. C.R.S. 1963: § 37-12-18. L. 67: p. 229, § 1. L. 77: (2)

amended, p. 781, § 3, effective July 1. L. 84: (2) amended, p. 454, § 3, effective September 1. L.

2000: (1) amended and (3) added, p. 251, § 1, effective August 2. L. 2001: Entire section

amended, p. 143, § 7, effective July 1. L. 2007: (2) amended, p. 1527, § 10, effective May 31. L.

2019: (2)(g) added, (SB 19-043), ch. 41, p. 141, § 7, effective March 21.

13-5-119. Eighteenth district. (1) [Editor's note: This version of subsection (1) is

effective until January 7, 2025.] The eighteenth judicial district shall be composed of the

counties of Arapahoe, Douglas, Elbert, and Lincoln.

(1) [Editor's note: This version of subsection (1) is effective January 7, 2025.] The

eighteenth judicial district shall be composed of Arapahoe county.

(2) (a) The number of judges for the eighteenth judicial district shall be fourteen.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for

the eighteenth judicial district shall be fifteen.

the eighteenth judicial district shall be sixteen.

(d) (I) Subject to available appropriations, effective July 1, 2004, the number of judges

for the eighteenth judicial district shall be seventeen.

(II) Subject to available appropriations, effective July 1, 2007, the number of judges for

the eighteenth judicial district shall be eighteen.

(III) Subject to available appropriations, effective July 1, 2008, the number of judges for

the eighteenth judicial district shall be twenty.

(IV) Subject to available appropriations, effective July 1, 2009, the number of judges for

the eighteenth judicial district shall be twenty-one.

(V) Subject to available appropriations, effective July 1, 2014, the number of judges for

the eighteenth judicial district is twenty-three.

(VI) Subject to available appropriations, effective January 1, 2020, the number of judges

for the eighteenth judicial district is twenty-four.

(VII) [Editor's note: Subsection (2)(d)(VII) is effective January 7, 2025.] Subject to

available appropriations, effective January 1, 2025, the number of judges for the eighteenth

judicial district is seventeen.

(e) The district judges regularly assigned to Arapahoe county shall maintain their offices

in one location within Arapahoe county.

(3) Repealed.

Source: L. 64: pp. 401, 405, §§ 19, 2. C.R.S. 1963: § 37-12-19. L. 67: p. 229, § 2. L.

69: p. 261, § 3. L. 75: (2) amended and (3) added, p. 558, § 6, effective January 1, 1976. L. 77:

(2) amended, p. 781, § 4, effective July 1. L. 79: (2) amended, p. 604, § 1, effective June 19. L.

81: (3) repealed, p. 2025, § 14, effective July 14. L. 85: (2) amended, p. 569, § 1, effective

November 14, 1986. L. 86: (2) amended, p. 674, § 1, effective November 14. L. 93, 1st Ex.

Sess.: (2) amended, p. 33, § 1, effective September 13. L. 97: (2) amended, p. 939, § 2, effective

July 1, 1998. L. 2000: Entire section amended, p. 71, § 2, effective July 1. L. 2001: Entire

Colorado Revised Statutes 2023 Uncertified PrintoutPage 84 of 671

section amended, p. 143, § 8, effective July 1. L. 2007: (2)(d) amended, p. 1527, § 11, effective

May 31. L. 2014: (2)(d)(V) added, (HB 14-1050), ch. 36, p. 192, § 1, effective March 14. L.

2019: (2)(d)(VI) added, (SB 19-043), ch. 41, p. 141, § 8, effective March 21. L. 2020: (1)

amended and (2)(d)(VII) added, (HB 20-1026), ch. 40, p. 136, § 3, effective January 7, 2025.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter

40, Session Laws of Colorado 2020.

13-5-120. Nineteenth district. (1) The nineteenth judicial district shall be composed of

the county of Weld.

(2) (a) The number of judges for the nineteenth judicial district shall be four.

(b) Subject to available appropriations, effective July 1, 2002, the number of judges for

the nineteenth judicial district shall be five.

the nineteenth judicial district shall be six.

(d) Subject to available appropriations, effective July 1, 2007, the number of judges for

the nineteenth judicial district shall be seven.

(e) Subject to available appropriations, effective July 1, 2008, the number of judges for

the nineteenth judicial district shall be eight.

(f) Subject to available appropriations, effective July 1, 2009, the number of judges for

the nineteenth judicial district shall be nine.

(g) Subject to available appropriations, effective July 1, 2019, the number of judges for

the nineteenth judicial district is ten.

(h) Subject to available appropriations, effective January 1, 2020, the number of judges

for the nineteenth judicial district is eleven.

Source: L. 64: p. 402, § 20. C.R.S. 1963: § 37-12-20. L. 68: p. 48, § 1. L. 75: (2)

amended, p. 558, § 7, effective July 1. L. 2001: Entire section amended, p. 143, § 9, effective

July 1. L. 2007: (2) amended, p. 1528, § 12, effective May 31. L. 2019: (2)(g) and (2)(h) added,

(SB 19-043), ch. 41, p. 141, § 9, effective March 21.

13-5-121. Twentieth district. (1) The twentieth judicial district shall be composed of

the county of Boulder.

(2) (a) The number of judges for the twentieth judicial district shall be six.

(b) Subject to available appropriations, effective July 1, 2003, the number of judges for

the twentieth judicial district shall be seven.

the twentieth judicial district shall be eight.

(d) Subject to available appropriations, effective June 30, 2010, the number of judges for

the twentieth judicial district shall be nine.

Source: L. 64: p. 402, § 21. C.R.S. 1963: § 37-12-21. L. 69: p. 262, § 1. L. 77: (2)

amended, p. 782, § 5, effective July 1. L. 2001: Entire section amended, p. 144, § 10, effective

July 1. L. 2007: (2) amended, p. 1528, § 13, effective May 31.

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13-5-122. Twenty-first district. (1) The twenty-first judicial district shall be composed

of the county of Mesa.

(2) (a) The number of judges for the twenty-first judicial district shall be four.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the twenty-first judicial district shall be five.

the twenty-first judicial district is six.

Source: L. 64: p. 402, § 22. C.R.S. 1963: § 37-12-22. L. 77: (2) amended, p. 782, § 6,

effective July 1. L. 89, 1st Ex. Sess.: (2) amended, p. 16, § 3, effective January 1, 1991. L.

2007: (2) amended, p. 1528, § 14, effective May 31. L. 2019: (2)(c) added, (SB 19-043), ch. 41,

p. 141, § 10, effective March 21.

13-5-123. Twenty-second district. (1) The twenty-second judicial district shall be

composed of the counties of Dolores and Montezuma.

(2) (a) The number of judges for the twenty-second judicial district shall be one.

(b) Subject to available appropriations, effective July 1, 2007, the number of judges for

the twenty-second judicial district shall be two.

Source: L. 64: p. 402, § 23. C.R.S. 1963: § 37-12-23. L. 2007: (2) amended, p. 1529, §

15, effective May 31.

13-5-123.1. Twenty-third district. [Editor's note: This section is effective January 7,

2025.] (1) The twenty-third judicial district shall be composed of the counties of Douglas,

Elbert, and Lincoln.

(2) Subject to available appropriations, the number of judges for the twenty-third judicial

district is eight.

Source: L. 2020: Entire section added, (HB 20-1026), ch. 40, p. 136, § 4, effective

January 7, 2025.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter

40, Session Laws of Colorado 2020.

13-5-123.2. Twenty-third judicial district - elections in 2024 - reports - repeal. (1) (a)

Notwithstanding section 24-1-136 (11)(a)(I), commencing with the presentation in 2021 and

each presentation thereafter to and including the presentation in 2025, at the joint hearings

conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent

(SMART) Government Act", part 2 of article 7 of title 2, the judicial department shall report on

its progress toward making the system changes and other steps necessary for the creation of the

twenty-third judicial district. Prior to these presentations, the judicial department shall request

input from each of the counties in the then-existing eighteenth judicial district and include their

input in the presentation.

(b) For state fiscal years 2020-21 to 2024-25, as part of its annual budget requests to the

joint budget committee of the general assembly, the judicial department shall include details

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about any budget requests related to the preparation for and creation of the twenty-third judicial

district.

Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2

of article 7 of title 2, the judicial department shall prepare a final report detailing the entire

transition process from the enactment of House Bill 20-1026, enacted in 2020, to the effective

date of the creation of the twenty-third judicial district, detailing what aspects went relatively

smoothly, what aspects created issues, and any recommendations to the general assembly

concerning how any future revision of judicial district lines might be made easier.

(2) Due to the creation of the twenty-third judicial district in 2025, at the general election

in November of 2024:

(a) A question shall be presented to the electors of Arapahoe county concerning the

election of the district attorney for the eighteenth judicial district who will take office in January

of 2025;

(b) A question shall be presented to the electors of the counties of Douglas, Elbert, and

Lincoln concerning the election of the district attorney for the twenty-third judicial district who

will take office in January of 2025; and

at the November 2024 election may stand for a retention election from the electors of the

eighteenth judicial district.

(3) (a) Effective January 7, 2025, any district court judge who on that date was serving

as a district court judge in the eighteenth judicial district and who lives within the boundaries of

the new twenty-third judicial district shall, pursuant to section 10 of article VI of the state

constitution, complete the term for which the judge was last elected or appointed as a district

court judge in the twenty-third judicial district. Such district court judges are eligible for a

retention election in the twenty-third judicial district in the same year that they would have been

eligible for a retention election in the eighteenth judicial district but for the creation of the

twenty-third judicial district.

(b) On and after January 7, 2025, assignment of judges shall be pursuant to sections 10

and 11 of article VI of the state constitution.

(4) This section is repealed, effective July 7, 2027.

Source: L. 2020: Entire section added, (HB 20-1026), ch. 40, p. 136, § 5, effective

September 14.

Cross references: For the legislative declaration in HB 20-1026, see section 1 of chapter

40, Session Laws of Colorado 2020.

13-5-124. Appointment of clerk and employees. District court personnel shall be

appointed pursuant to the provisions of section 13-3-105.

Source: L. 64: p. 403, § 27. C.R.S. 1963: § 37-12-27. L. 69: p. 249, § 5. L. 79: Entire

section R&RE, p. 598, § 11, effective July 1.

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13-5-125. Clerks to keep records. The clerks of district courts shall keep the financial

records prescribed by the state court administrator under the provisions of section 13-3-106.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-30. L. 73: p. 1402, § 29.

13-5-126. Duties of bailiff. It is the duty of every bailiff to preserve order in the court to

which he may be appointed; to attend upon the jury; to open and close the court; and to perform

such other duties as may be required of him by the judge of the court.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-31.

13-5-127. Duties of reporters. The shorthand reporter, on the direction of the court, shall

take down in shorthand all the testimony, rulings of the court, exceptions taken, oral instructions

given, and other proceedings had during the trial of any cause, and in such causes as the court

may designate.

Source: L. 67: p. 454, § 8. C.R.S. 1963: § 37-12-32.

13-5-128. Compensation of reporter. The shorthand reporter of a court of record shall

be compensated for preparation of the original and any copies of the typewritten transcript of his

shorthand notes at such rates as from time to time may be established and promulgated by the

supreme court of the state of Colorado. Where, in a court of record, no shorthand reporter is

employed and trial transcripts are prepared by other court personnel, such personnel shall be

similarly compensated for any transcript preparation required to be accomplished in other than

normal working hours.

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-33. L. 69: p. 1085, § 1. L. 73: p. 494, §

1. L. 79: Entire section R&RE, p. 605, § 1, effective May 22.

13-5-129. Reporters' expenses. (Repealed)

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-34. L. 69: p. 249, § 6. L. 79: Entire

section repealed, p. 602, § 30, effective July 1.

13-5-130. Reporters to file verified statements. (Repealed)

Source: L. 67: p. 455, § 8. C.R.S. 1963: § 37-12-35. L. 72: p. 591, § 58. L. 79: Entire

section repealed, p. 602, § 30, effective July 1.

13-5-131. Multiple-judge districts. In any district court composed of more than one

judge, each of the judges shall sit separately for the trial of causes and the transaction of business

and shall have and exercise all the powers and functions, as well in vacation of court as in term

time, which he might have and exercise if he were the sole judge of said court.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-38.

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13-5-132. Powers of judges sitting separately. Each court held by the several judges,

while sitting separately, shall be known as the district court in and for the county where such

court is held and shall have the same power to vacate or modify its own judgments, decrees, or

orders rendered or made while so held as if the said court were composed of a single judge.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-39.

13-5-133. Judges may sit en banc - purpose - rules. (1) In any district court composed

of more than one judge, the judges may sit en banc at such times as they may determine, for the

purpose of making rules of court, the appointment of a clerk and other employees, subject to the

provisions of section 13-3-105, and other ministerial duties, subject to the administrative powers

delegated to the chief judge by the chief justice of the supreme court pursuant to section 5 (4) of

article VI of the state constitution.

(2) Subject to the approval of the chief justice of the supreme court, a district court

sitting en banc may make rules:

(a) To facilitate the transaction of business in the courts held by the judges sitting

separately; and

(b) To provide for the classification, arrangement, and distribution of the business of the

court among the several judges thereof.

(3) Judges of a district court in districts having more than one judge may sit en banc only

for the purposes enumerated in this section, and the court so sitting en banc shall have no power

to review any order, decision, or proceeding of the court held by any judge sitting separately.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-40. L. 69: p. 250, § 9.

13-5-134. Juries. Jurors may be summoned and empaneled for each of the judges sitting

separately as though each were the sole court.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-41. L. 84: Entire section amended, p.

476, § 1, effective February 6.

13-5-135. Time limit on judgment. Every motion, issue, or other matter arising in any

cause pending or to be brought in any district court of this state, and which is submitted to any

such court for judgment or decision thereof, shall be determined by the court within ninety days

after the adjournment of court. This section shall not be so construed as to prohibit a decision

after the expiration of the time limited, but only as working a forfeiture as provided in section

13-5-136.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-42.

13-5-136. Forfeit of salary. (1) If any judge of any district court, to whom any motion,

issue, or other matter, arising in any cause, is submitted for judgment or decision, fails or

neglects to decide or give judgment upon the same within the time limited by section 13-5-135,

such judge shall not receive from the state treasury any salary for the quarter in which such

failure occurred, when the following requirements are satisfied:

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(a) The party aggrieved by the failure of such judge to rule in a timely manner files a

complaint demanding the withholding of the salary of such judge with the commission on

judicial discipline established in section 23 (3) of article VI of the state constitution;

(b) The commission on judicial discipline, in accordance with rule 4 of the Colorado

rules of judicial discipline, investigates the judge's alleged violation of section 13-5-135;

rule 4 of the Colorado rules of judicial discipline, makes a recommendation concerning the

allegation to the Colorado supreme court; and

(d) If deemed appropriate, the Colorado supreme court issues an order directing the

department of the treasury to withhold the judge's salary.

(2) This section shall not apply in case of the sickness or death of a judge.

Source: L. 67: p. 457, § 8. C.R.S. 1963: § 37-12-43. L. 2000: Entire section amended, p.

153, § 1, effective March 17.

13-5-137. Judges seeking retention in office. (Repealed)

Source: L. 79: Entire section added, p, 606, § 1, effective April 25; entire section

repealed, p. 606, § 1, effective June 30, 1980.

13-5-138. Appeals to district court. If a statute provides for review of the acts of any

court, board, commission, or officer by certiorari or other writ and if no time within which

review may be sought is provided by statute, a petition to review such acts shall be filed in the

district court not later than thirty days from the final action taken by said court, board,

commission, or officer.

Source: L. 81: Entire section added, p. 877, § 1, effective April 24.

13-5-139. Transfer of information from orders for child support and maintenance to

child support enforcement agency - payment of support and maintenance. (1) On and after

July 1, 1991, and contingent upon the executive director of the department of human services

notifying the state court administrator that a particular county or judicial district is ready to

implement and participate in the family support registry created in section 26-13-114, C.R.S., the

clerk of the court of every judicial district in the state shall transfer the information described in

section 26-13-114 (7), C.R.S., to the delegate child support enforcement unit within five working

days after entry or modification of a court order or filing of an administrative order in any IV-D

case, as defined in section 26-13-102.5 (2), C.R.S.

(2) to (4) Repealed.

Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 87: (1) amended, p.

591, § 12, effective July 10. L. 88: (4) amended, p. 635, § 15, effective July 1. L. 90: (1)

amended and (2) to (4) repealed, pp. 1412, 1416, §§ 6, 17, effective June 8. L. 94: (1) amended,

p. 2640, § 87, effective July 1.

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Cross references: For the legislative declaration contained in the 1994 act amending

subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.

13-5-140. Transfer of certain registry functions - cooperation between departments.

The judicial department and the department of human services shall cooperate in the transfer of

the functions relating to the collection of child support from the courts to the child support

enforcement agency specified in article 13 of title 26, C.R.S. In order to implement such transfer,

which shall be completed on or after July 1, 1991, and upon notification to the state court

administrator by the executive director of the department of human services that a particular

county or judicial district is ready to implement and participate in the family support registry, the

judicial department shall transfer to the state child support enforcement agency all necessary

data, computer programs, technical written material, and budgetary information and shall

provide such technical assistance as may be required. The judicial department shall retain

payment records relating to child support orders until the executive director of the department of

human services notifies the state court administrator that retention of the records is no longer

necessary.

Source: L. 85: Entire section added, p. 588, § 3, effective July 1. L. 88: Entire section

amended, p. 636, § 16, effective July 1. L. 90: Entire section amended, p. 1412, § 7, effective

June 8. L. 94: Entire section amended, p. 2640, § 88, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act amending this

section, see section 1 of chapter 345, Session Laws of Colorado 1994.

13-5-141. Compilation - sentences received upon conviction of felony. (1) The state

court administrator's office shall, by March 1 and by September 1 of each year, prepare and

make available to the public at each district court, for a reasonable charge, a compilation of the

sentences imposed in felony cases by each judge in each district court. Such compilation shall

include:

(a) The name of each judge;

(b) The name of each offender and a description of the crime for which he was

convicted;

(d) A statement that complete information concerning aggravating and mitigating

factors, plea and sentence concessions, and other sentencing considerations is available in the

court file. As soon as practical, such information shall be included in the compilation.

Source: L. 87: Entire section added, p. 542, § 1, effective July 1.

13-5-142. National instant criminal background check system - reporting. (1) On

and after March 20, 2013, the state court administrator shall send electronically the following

information to the Colorado bureau of investigation created pursuant to section 24-33.5-401,

referred to in this section as the "bureau":

(a) The name of each person who has been found to be incapacitated by order of the

court pursuant to part 3 of article 14 of title 15, C.R.S.;

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(b) The name of each person who has been committed by order of the court to the

custody of the behavioral health administration in the department of human services pursuant to

section 27-81-112; and

name of each person with respect to whom the court has entered an order for involuntary

certification for short-term treatment of a mental health disorder pursuant to section 27-65-109,

for extended certification for treatment of a mental health disorder pursuant to section 27-65-109

(10), or for long-term care and treatment of a mental health disorder pursuant to section

27-65-110.

of each person with respect to whom the court has entered an order for involuntary certification

for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or

27-65-109, for extended certification for treatment of a mental health disorder pursuant to

section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant

to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person who

satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state

court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section shall

describe the reason for the report and indicate that the report is made in accordance with 18

U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a record made by

the state court administrator in the national instant criminal background check system if:

(a) The person to whom the record pertains makes a written request to the state court

administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a

guardianship on a finding that the person is no longer an incapacitated person, if the record in the

national instant criminal background check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of certification,

commitment, recertification, or recommitment expired, or a court entered an order terminating

the person's incapacity or discharging the person from certification or commitment in the nature

of habeas corpus, if the record in the national instant criminal background check system is based

on an order of certification or commitment to the custody of the behavioral health administration

in the department of human services; except that the state court administrator shall not cancel

any record pertaining to a person with respect to whom two recommitment orders have been

entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment

pursuant to section 27-81-112 (11) on the grounds that further treatment is not likely to bring

about significant improvement in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or the court

entered an order discharging the person from certification in the nature of habeas corpus

pursuant to section 27-65-115, if the record in the national instant criminal background check

system is based on a court order for involuntary certification for short-term treatment of a mental

health disorder.

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(4) Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of

2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record

reported by the state court administrator pursuant to subsection (1) of this section does not apply

or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the federal or

state government maintains and makes available to the national instant criminal background

check system, consistent with the rules pertaining to the database; and

(b) Notify the attorney general that such basis does not apply or no longer applies.

Source: L. 2002: Entire section added, p. 753, § 1, effective January 1, 2003. L. 2010:

(1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 780, § 15, effective

April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB

13-1229), ch. 47, p. 131, § 2, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended,

(SB 17-242), ch. 263, p. 1251, § 5, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended,

(SB 18-091), ch. 35, p. 382, § 8, effective August 8. L. 2020: (1)(b) amended, (SB 20-007), ch.

286, p. 1414, § 42, effective July 13; (3)(b)(II) and (3)(b)(III) amended, (SB 20-136), ch. 70, p.

281, § 2, effective September 14. L. 2022: (1)(b) and (3)(b)(II) amended, (HB 22-1278), ch. 222,

p. 1490, § 9, effective July 1; (1)(c) and (3)(b)(III) amended, (HB 22-1256), ch. 451, p. 3224, §

14, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2488, § 6, effective

July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter

263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1

of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 20-136, see

section 1 of chapter 70, Session Laws of Colorado 2020.

13-5-142.5. National instant criminal background check system - judicial process for

awarding relief from federal prohibitions - legislative declaration. (1) Legislative

declaration. The purpose of this section is to set forth a judicial process whereby a person may

apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec.

922 (d)(4) and (g)(4), as permitted by the federal "NICS Improvement Amendments Act of

2007" (Pub.L. 110-180, sec. 105).

(2) Eligibility. A person may petition for relief pursuant to this section if:

(a) (I) He or she has been found to be incapacitated by order of the court pursuant to part

3 of article 14 of title 15, C.R.S.;

(II) The person has been committed by order of the court to the custody of the behavioral

health administration in the department of human services pursuant to section 27-81-112; or

(III) [Editor's note: This version of subsection (2)(a)(III) is effective until July 1,

2024.] The court has entered an order for the person's involuntary certification for short-term

treatment of a mental health disorder pursuant to section 27-65-109, for extended certification

for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term

care and treatment of a mental health disorder pursuant to section 27-65-110; and

(III) [Editor's note: This version of subsection (2)(a)(III) is effective July 1, 2024.] The

court has entered an order for the person's involuntary certification for short-term treatment of a

mental health disorder pursuant to section 27-65-108.5 or 27-65-109, for extended certification

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for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term

care and treatment of a mental health disorder pursuant to section 27-65-110; and

(b) He or she is a person to whom the sale or transfer of a firearm or ammunition is

prohibited by 18 U.S.C. sec. 922 (d)(4), or who is prohibited from shipping, transporting,

possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. sec. 922 (g)(4).

(3) Due process. In a court proceeding pursuant to this section:

(a) The petitioner shall have an opportunity to submit his or her own evidence to the

court concerning his or her petition;

(b) The court shall review the evidence; and

(4) Proper record. In determining whether to grant relief to a petitioner pursuant to this

section, the court shall receive evidence concerning, and shall consider:

(a) The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. sec. 922

(g)(4);

(b) The petitioner's record, which must include, at a minimum, the petitioner's mental

health records and criminal history records; and

character witness statements, testimony, or other character evidence.

(5) Proper findings. (a) Before granting relief to a petitioner pursuant to this section,

the court shall issue findings that:

(I) The petitioner is not likely to act in a manner that is dangerous to public safety; and

(II) Granting relief to the petitioner is not contrary to the public interest.

(b) (I) If the court denies relief to a petitioner pursuant to this section, the petitioner may

petition the court of appeals to review the denial, including the record of the denying court.

(II) A review of a denial shall be de novo in that the court of appeals may, but is not

required to, give deference to the decision of the denying court.

(III) In reviewing a denial, the court of appeals has discretion, but is not required, to

receive additional evidence necessary to conduct an adequate review.

Source: L. 2013: Entire section added, (HB 13-1229), ch. 47, p. 132, § 3, effective

March 20. L. 2017: (2)(a)(II) amended, (SB 17-242), ch. 263, p. 1251, § 6, effective May 25. L.

2018: (2)(a)(III) amended, (SB 18-091), ch. 35, p. 383, § 9, effective August 8. L. 2020:

(2)(a)(II) amended, (SB 20-007), ch. 286, p. 1414, § 43, effective July 13. L. 2022: (2)(a)(II)

amended, (HB 22-1278), ch. 222, p. 1491, § 10, effective July 1; (2)(a)(III) amended, (HB

22-1256), ch. 451, p. 3225, § 15, effective August 10. L. 2023: (2)(a)(III) amended, (HB

23-1138), ch. 423, p. 2488, § 7, effective July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter

263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1

of chapter 35, Session Laws of Colorado 2018.

13-5-142.8. Notice by professional persons. [Editor's note: This version of this section

is effective until July 1, 2024.] Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and

13-5-142.5 (2), an order for involuntary certification for short-term treatment of a mental health

disorder pursuant to section 27-65-109 must also include a notice filed by a professional person

Colorado Revised Statutes 2023 Uncertified PrintoutPage 94 of 671

pursuant to section 27-65-109, and an order for extended certification for treatment of a mental

health disorder pursuant to section 27-65-109 (10) must also include a notice filed by a

professional person pursuant to section 27-65-109 (10).

13-5-142.8. Notice by professional persons. [Editor's note: This version of this section

is effective July 1, 2024.] Under sections 13-9-123 (1), 13-9-124 (2), 13-5-142 (1), and

13-5-142.5 (2), an order for involuntary certification for short-term treatment of a mental health

disorder pursuant to section 27-65-108.5 or 27-65-109 must also include a notice filed by a

professional person pursuant to section 27-65-108.5 or 27-65-109, and an order for extended

certification for treatment of a mental health disorder pursuant to section 27-65-109 (10) must

also include a notice filed by a professional person pursuant to section 27-65-109 (10).

Source: L. 2019: Entire section added, (SB 19-177), ch. 311, p. 2812, § 3, effective

August 2. L. 2022: Entire section amended, (HB 22-1256), ch. 451, p. 3225, § 16, effective

August 10. L. 2023: Entire section amended, (HB 23-1138), ch. 423, p. 2488, § 8, effective July

1, 2024.

13-5-143. Judge as party to a case - recusal of judge upon motion. (1) If a judge or

former judge of a district court is a party in his or her individual and private capacity in a case

that is to be tried within any district court in the same judicial district in which the judge or

former judge is or was a judge of a district court, any party to the case may file a timely motion

requesting that the judge who is appointed to preside over the case recuse himself or herself from

the case.

(2) If a district court receives a motion filed by a party pursuant to subsection (1) of this

section, the judge who is appointed to preside over the case shall recuse himself or herself if he

or she is a judge of a district court in the same judicial district in which the judge or former judge

who is a party to the case in his or her individual and private capacity is or was a judge of a

district court.

(3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the

chief justice of the Colorado supreme court or his or her designee shall appoint a judge from

outside the judicial district to preside over the case.

(4) The provisions of this section shall not apply to a water judge or referee when he or

she is acting within his or her exclusive jurisdiction over water matters pursuant to section

37-92-203, C.R.S.

Source: L. 2008: Entire section added, p. 435, § 1, effective August 5.

13-5-144. Chief judge - veterans treatment court authority. The chief judge of a

judicial district may establish an appropriate program for the treatment of veterans and members

of the military. In establishing any such program, the chief judge, in collaboration with the

probation department, the district attorney, and the state public defender, shall establish program

guidelines and eligibility criteria.

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Source: L. 2010: Entire section added, (HB 10-1104), ch. 139, p. 465, § 3, effective

April 16. L. 2018: Entire section amended, (HB 18-1078), ch. 135, p. 890, § 2, effective August

Cross references: For the legislative declaration in the 2010 act adding this section, see

section 1 of chapter 139, Session Laws of Colorado 2010.

13-5-145. Truancy detention reduction policy - legislative declaration. (1) The

general assembly finds that:

(a) Imposing a sentence of detention on a juvenile who violates a court order to attend

school does not improve the likelihood that the juvenile will attend school and does not address

the underlying causes of the juvenile's truancy;

(b) The best methods to address truancy and its underlying causes and the resources

needed to implement those methods are different in each community;

successfully reduced the use of detention for juveniles who are truant by implementing pilot

projects through which the juvenile court imposes reasonable sanctions and, where possible,

provides incentives to attend school, reserving detention as a sanction of last resort; and

(d) These pilot projects need additional time to produce meaningful data regarding the

effectiveness of the alternate sanctions and incentives and to determine whether they result in

improved outcomes for juveniles and their families.

(2) The chief judge in each judicial district, or his or her designee, shall convene a

meeting of community stakeholders to create a policy for addressing truancy cases that seeks

alternatives to the use of detention as a sanction for truancy. Community stakeholders may

include, but need not be limited to:

(a) Parents;

(b) Representatives from school districts;

(d) Guardians ad litem;

(e) Court-appointed special advocates;

(f) Juvenile court judges;

(g) Respondent counsel;

(h) Representatives from law enforcement agencies;

(i) Mental health-care providers;

(j) Substance use disorder treatment providers;

(k) Representatives from the division of criminal justice in the department of public

safety;

(l) Representatives from the state department of human services; and

(m) Representatives from the department of education.

(3) The chief judge in each judicial district shall adopt a policy for addressing truancy

cases no later than March 15, 2016. In developing the policy for addressing truancy cases, the

chief judge and the community stakeholders shall consider, at a minimum:

(a) Best practices for addressing truancy that are used in other judicial districts and in

other states;

(b) Evidence-based practices to address and reduce truancy;

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reduce truancy;

(d) Using detention only as a last resort after exhausting all other reasonable sanctions

and, when imposing detention, appropriately reducing the number of days served; and

(e) Research regarding the effect of detention on juveniles.

(4) The state court administrator's office shall report to the judiciary committees of the

house of representatives and the senate, or any successor committees, no later than April 15,

2016, regarding the policy for addressing truancy cases adopted by each judicial district.

Source: L. 2015: Entire section added, (SB 15-184), ch. 286, p. 1172, § 1, effective

August 5. L. 2017: (2)(j) amended, (SB 17-242), ch. 263, p. 1292, § 105, effective May 25. L.

2018: (2)(c) amended, (SB 18-092), ch. 38, p. 398, § 7, effective August 8.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter

263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

PART 2

DISTRICT COURT MAGISTRATES

13-5-201. District court magistrates. (1) District court magistrates may be appointed,

subject to available appropriations, pursuant to section 13-3-105, if approved by the chief justice

of the supreme court.

(2) A district court magistrate shall be a qualified attorney-at-law admitted to practice in

this state and in good standing. Nothing in this part 2 shall affect the qualifications of water

referees appointed pursuant to section 37-92-203 (6), C.R.S.

(2.5) District court magistrates shall have the power to solemnize marriages pursuant to

the procedures in section 14-2-109, C.R.S.

(3) District court magistrates may hear such matters as are determined by rule of the

supreme court, subject to the provision that no magistrate may preside in any trial by jury.

(3.5) District court magistrates shall have the power to preside over matters specified in

section 13-17.5-105.

(4) For purposes of this part 2, the Denver probate court shall be regarded as a district

court.

Source: L. 83: Entire part added, p. 600, § 1, effective May 20. L. 89: (2.5) added, p.

781, § 2, effective April 4. L. 91: Entire section amended, p. 354, § 2, effective April 9. L. 93:

(2) amended, p. 1774, § 30, effective June 6. L. 95: (3.5) added, p. 480, § 2, effective July 1.

Cross references: For magistrates in the small claims division of county courts, see §

13-6-405; for magistrates in county courts, see part 5 of article 6 of this title.

PART 3

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FAMILY LAW MAGISTRATES

13-5-301 to 13-5-305. (Repealed)

Source: L. 2004: Entire part repealed, p. 224, § 1, effective July 1.

Editor's note: This part 3 was added in 1985. For amendments to this part 3 prior to its

repeal in 2004, consult the Colorado statutory research explanatory note and the table itemizing

the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on

page vii in the front of this volume.

ARTICLE 5.3

Commission on Judicial Discipline

13-5.3-101. Definitions. As used in this article 5.3, unless the context otherwise requires:

(1) "Attorney" means a person admitted to practice law before the courts of this state.

(2) "Code" means the Colorado code of judicial conduct.

(3) "Commission" means the commission on judicial discipline, established pursuant to

section 23 (3) of article VI of the Colorado constitution.

(4) "Commissioner" means an appointed member of the commission on judicial

discipline or a special member appointed pursuant to section 23 (3)(a) of article VI of the

Colorado constitution.

(5) "Complaint" means information in any form from any source that alleges or from

which a reasonable inference can be drawn that a judge committed misconduct or is

incapacitated.

(6) "Department" means the Colorado state judicial department and all its subparts, such

as the office of the state court administrator; the office of the chief justice of the supreme court;

the judicial districts and their administrations, including chief judges and district administrators;

the human resources department; and other administrative subparts.

(7) "Executive director" means the executive director of the office of judicial discipline

appointed pursuant to section 13-5.3-103.

(8) "Fund" means the commission on judicial discipline special cash fund, created in

section 13-5.3-104.

(9) (a) "Judge" means any justice or judge of any court of record of this state serving on

a full-time, part-time, or senior basis.

(b) "Judge" also includes any justice or judge who has retired within the jurisdictional

limits for disciplinary proceedings established by this article 5.3, the commission, or the

Colorado supreme court.

or Denver county court judges, who are subject to different disciplinary authorities.

(9.5) [Editor's note: Subsection (9.5) is effective if the voters approve House

Concurrent Resolution 23-1001 at the general election to be held November 2024.] "Judicial

discipline adjudicative board" means the judicial discipline adjudicative board created pursuant

Colorado Revised Statutes 2023 Uncertified PrintoutPage 98 of 671

to section 23 (3) of article VI of the Colorado constitution to conduct formal judicial disciplinary

proceedings.

(10) "Justice" means a justice serving on the supreme court of Colorado on either a

full-time or senior basis.

(11) "Misconduct" means conduct by a judge that may reasonably constitute grounds for

discipline under the code, the Colorado rules of judicial discipline, or section 23 (3) of article VI

of the Colorado constitution.

(12) "Office" means the office of judicial discipline established in section 13-5.3-103.

(13) "Office of the state court administrator" means the office created pursuant to section

13-3-101 (1).

(13.5) [Editor's note: Subsection (13.5) is effective if the voters approve House

Concurrent Resolution 23-1001 at the general election to be held November 2024.] "Panel"

means a three-member panel of the judicial discipline adjudicative board consisting of one

judge, one attorney licensed to practice in Colorado, and one citizen, convened pursuant to

section 23 (3) of article VI of the Colorado constitution upon an order of a formal hearing or to

hear an appeal of an order of informal remedial action.

(14) "Rules" means the Colorado rules of judicial discipline.

(15) "Supreme court" means the supreme court of the state of Colorado established

pursuant to article VI of the Colorado constitution.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1345, § 2, effective May

20. L. 2023: (9.5) and (13.5) added, (HB 23-1019), ch. 366, p. 2198, § 1, effective (see editor's

note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that

subsections (9.5) and (13.5) are effective upon proclamation of the vote by the governor only if

House Concurrent Resolution 23-1001 is passed by a vote of the people at the general election in

November 2024.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-102. Commission on judicial discipline - powers and duties. (1) Pursuant to

section 23 (3) of article VI of the Colorado constitution, the Colorado commission on judicial

discipline is established as an independent commission housed within the department.

(2) [Editor's note: This version of this subsection (2) is effective unless the voters

approve House Concurrent Resolution 23-1001 at the general election to be held November

2024.] Members of the commission are appointed and serve pursuant to section 23 (3)(a) and

(3)(b) of article VI of the Colorado constitution.

(2) [Editor's note: This version of this subsection (2) is effective if the voters approve

House Concurrent Resolution 23-1001 at the general election to be held November 2024.] (a)

Members of the commission are appointed and serve pursuant to section 23 (3)(a) and (3)(b) of

article VI of the Colorado constitution.

(b) (I) The supreme court shall select the members of the commission who are judges of

the district courts and judges of county courts from among the nominee pools created by the

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state court administrator pursuant to subsection (2)(b)(II) of this section; except that when

making its selections, the supreme court shall ensure that the commission does not include more

than one district judge from any one judicial district and not more than one county judge from

any one county.

(II) (A) Upon a vacancy of a district judge member of the commission, the state court

administrator shall create a district judge nominee pool that consists of ten district judges

randomly selected by the state court administrator, or the administrator's designee, from among

all district judges of the state not currently a member of the commission.

(B) Upon a vacancy of a county judge member of the commission, the state court

administrator shall create a county judge nominee pool that consists of ten county judges

randomly selected by the state court administrator, or the administrator's designee, from among

all county judges of the state not currently a member of the commission.

designee shall only include judges who do not have a current disciplinary investigation or

proceeding pending before the commission or judicial discipline adjudicative board; have not

received a disciplinary sanction from the commission, judicial discipline adjudicative board, or

supreme court; and are not otherwise required by law, court rule, or judicial canon to recuse

themselves from the commission. The random selection of judges to a nominee pool is a purely

administrative function.

(3) The commission shall:

(a) Investigate and resolve requests for evaluation of potential judicial misconduct in

accordance with the Colorado constitution, the rules, and this article 5.3;

(b) Appoint an executive director of the office of judicial discipline;

(d) Hire employees of the office who serve at the pleasure of the commission.

Employees of the office may include clerical assistants; attorneys who serve as special counsel;

and investigators.

(e) Employ attorneys or appoint outside special counsel pursuant to sections 24-31-101

(1)(g) and 24-31-111 who serve at the pleasure of the commission; assign duties to special

counsel at the discretion of the commission, which may include serving as representatives of the

people of the state of Colorado in formal proceedings; and determine the compensation of

special counsel; and

(f) Approve a budget for the commission and the office and assist the executive director

in managing the office and providing fiscal oversight of the office's operating budget.

(4) Commissioners are immune from suit in any action, civil or criminal, based upon

official acts performed in good faith as commissioners consistent with the "Colorado

Governmental Immunity Act", article 10 of title 24.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, § 2, effective May

20. L. 2023: (2) amended, (HB 23-1019), ch. 366, p. 2198, § 2, effective (see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that

amendments to subsection (2) are effective upon proclamation of the vote by the governor only

if House Concurrent Resolution 23-1001 is passed by a vote of the people at the general election

in November 2024.

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Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-103. Office of judicial discipline - created - executive director - duties -

oversight - repeal. (1) (a) The office of judicial discipline is established as an independent

office housed within the department. The commission shall oversee the office.

(b) Subject to the commission's supervision, the office shall:

(I) Staff and support the commission's operations. The initial staffing includes the

executive director, a full-time administrative support person, an attorney, and an investigator.

(II) Receive requests for evaluation involving justices and judges;

(III) Conduct public education efforts concerning the judicial discipline process and the

recommendations made by the commission;

(IV) Engage in and provide educational background to the public, the department,

judicial nominating commissions, and judicial performance commissions regarding the

requirements of the code and the commission; and

(V) Complete any other duties as assigned by the commission.

(2) (a) The commission shall appoint an executive director of the office. The executive

director:

(I) Shall be admitted to practice law in the courts of this state and have practiced law in

this state for at least ten years;

(II) Shall not be involved in the private practice of law while serving as the executive

director; and

(III) Shall not appear as an attorney before the commission for a period of five years

following service as the executive director.

(b) The executive director serves at the pleasure of the commission. The executive

director's compensation is the same as the compensation the general assembly establishes for

district court judges. The executive director shall hire additional staff for the office as necessary

and as approved by the commission.

(I) Establish and maintain a permanent office;

(II) Respond to inquiries about the commission or the code;

(III) Advise the commission on the application and interpretation of the code and the

rules;

(IV) Process requests for evaluation of judicial conduct;

(V) Conduct or supervise evaluations and investigations as directed by the commission;

(VI) Advise the commission as to potential dispositional recommendations as may be

requested by the commission;

(VII) Maintain commission records;

(VIII) Maintain statistics concerning the operation of the commission and make them

available to the commission;

(IX) Prepare the commission's budget and, once approved by the commission, submit it

to the joint budget committee of the general assembly;

(X) Administer commission money and resources, including money in the commission

on judicial discipline special cash fund;

(XI) Supervise commission staff;

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(XII) Notify the appropriate appointing authority of vacancies on the commission;

(XIII) Assist the commission in preparing an annual report of the commission's activities

for presentation to the commission, the supreme court, and the public;

(XIV) Supervise special counsel, investigators, other experts, or personnel as directed by

the commission, as they investigate and process matters before the commission and before the

supreme court; and

(XV) Perform such other duties as required by the rules, this article 5.3, the rules

promulgated by the commission, or the commission.

(3) The department shall provide the commission and the office with office space in the

Ralph L. Carr Colorado judicial center.

(4) (a) Through June 30, 2024, the judicial department shall provide the commission and

the office with accounting, budgeting, human resources, information technology, and payroll

support to the same extent, without cost to the commission or the office, until those services can

be provided to the commission and the office through the office of administrative services for

independent agencies, created in section 13-100-102.

(b) This subsection (4) is repealed, effective July 1, 2024.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1347, § 2, effective May

20. L. 2023: (3) amended and (4) added, (SB 23-228), ch. 96, p. 361, § 2, effective April 20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-104. Commission on judicial discipline special cash fund - acceptance of

federal funds - general appropriations. (1) The commission is authorized to accept any

federal funds made available for any purpose consistent with the provisions of this article 5.3.

(2) Any money received pursuant to this section must be transmitted to the state

treasurer, who shall credit the same to the commission on judicial discipline special cash fund,

which is created in the state treasury.

(3) Any expenses, attorney fees, or costs recovered pursuant to this article 5.3 must be

transmitted to the state treasurer, who shall credit the same to the fund.

(4) Money in the fund is continuously appropriated to the commission for the purposes

specified in subsection (6) of this section.

(5) Any interest derived from the deposit and investment of money in the fund is

credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end

of any fiscal year remains in the fund and is not credited or transferred to the general fund or

another fund.

(6) Money in the fund may be used for payment of the expenses for evaluations,

investigations, formal proceedings, or special projects that the commission has determined are to

be undertaken by personnel other than or in addition to those employed by the office.

(7) For the state fiscal year 2022-23, the general assembly shall appropriate from the

general fund to the fund four hundred thousand dollars. In each subsequent fiscal year, the

general assembly shall appropriate sufficient money to the fund so that it begins the fiscal year

with not less than four hundred thousand dollars.

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Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1349, § 2, effective May

20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-105. Information-sharing with judicial oversight entities - legislative

declaration. (1) The general assembly finds and declares that:

(a) Several entities within the department share a role in the oversight of the judiciary

and, as a result, often become aware of and involved in investigations that relate to matters that

may come before the commission, including the office of judicial performance evaluation, the

judicial nominating commissions, the office of the presiding disciplinary judge, and the office of

attorney regulation counsel, collectively referred to in this section as "judicial oversight entities";

and

(b) In order for the commission and the judicial oversight entities to properly perform

their functions, they need to be able to share relevant information and documents while

maintaining their respective rules of confidentiality.

(2) When requested by a judicial oversight entity, the commission may provide the

disciplinary record of a judge or justice to the requesting entity. The judicial oversight entity

shall keep the information confidential to the same extent that the commission is required to do

so pursuant to the state constitution and the rules.

(3) (a) When a judicial oversight entity receives information indicating or alleging

potential judicial misconduct, the entity shall share the portion of the complaint alleging judicial

misconduct with the commission within a reasonable time. Thereafter, the commission may

request further material or information that the oversight entity holds relating to the allegation of

judicial misconduct. The judicial oversight entity shall provide the requested material or

information to the commission within fourteen calendar days after the commission's request. A

judicial oversight entity may not withhold requested material or information through a claim of

privilege or confidentiality that it holds. Any information or materials received from the entity

are subject to the commission's rules of confidentiality.

(b) A provision in a contract, including in a nondisclosure agreement, entered into after

the effective date of this act that prohibits a judicial oversight entity from disclosing to the

commission information described in this subsection (3) is void as against public policy and is

unenforceable.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1350, § 2, effective May

20. L. 2023: (3) amended, (HB 23-1019), ch. 366, p. 2199, § 3, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-106. Information-sharing within the judicial department - legislative

declaration. (1) The general assembly finds and declares that:

(a) Offices or personnel within the department are often the first to receive complaints;

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(b) The department often holds evidentiary materials relating to potential misconduct

and often develops evidence, through investigations or otherwise, relating to such potential

misconduct;

relevant to a complaint available to the department is freely and promptly shared with the

commission; and

(d) The credibility of the judiciary and judicial discipline are best served by the

department promptly sharing with the commission all information and materials available to the

department relevant to a complaint or potential misconduct.

(2) The department shall ensure that if any member of the department, including

members of the office of the state court administrator, the office of the chief justice, chief

judges, district administrators, the human resources department, administrative personnel,

judicial districts, clerks of court, and others, receives a complaint from an employee, volunteer,

or contractor for the department, the department shall:

(a) Document both the receipt of the complaint and the department's handling of the

complaint, including any investigation that may be conducted, and maintain such documentation

for as long as the subject of the complaint is a judge, plus three calendar years;

(b) Within not more than thirty-five days after receipt of the complaint, notify the office

of the complaint and provide the office with all information within the custody or control of the

department related to the complaint, including:

(I) Identification of potential witnesses;

(II) A list of any evidence held or known;

(III) Access to all evidence, including administrative files, digital data, digital or paper

case files, recordings and transcripts, communications, and metadata, without charge; and

(IV) Any department investigative materials that may exist, including any investigative

or action plans; and

witness interviewed, of the following:

(I) The existence, role, independence from the department, and process of

communicating with the commission;

(II) That information given to the commission is confidential unless and until a

recommendation is made to the supreme court;

(III) Rule 2.16 (B) of the code prohibiting retaliation against any person assisting the

commission;

(IV) That the department has a duty to disclose all information related to potential

judicial misconduct to the commission; and

(V) That the department is prohibited from discouraging a person from sharing

information with the commission, including entering into a nondisclosure agreement that would

have that effect.

(3) The department's duties of disclosure arise when the department receives a

complaint.

(4) If the department receives a complaint alleging judicial misconduct from an

individual or entity that is not an employee, volunteer, or contractor for the department, the

department shall notify the complainant of the role of the commission and provide the

complainant with the commission's contact information. If the complainant submits written or

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electronic materials in connection with a complaint, the department shall forward those materials

to the commission. Each judicial district, the appellate courts, and the state court administrator's

office shall adopt a written policy to implement this provision.

(5) The duties to document and disclose potential judicial misconduct and related

information continue when the department receives additional information.

(6) (a) The department shall:

(I) Adopt procedures and policies to implement the duties stated in this section and to

educate department personnel about these duties; and

(II) Cooperate with any request from the commission for information related to

evaluating a complaint and supply requested information or materials within a reasonable time of

not more than thirty-five days after the date of request.

(b) The department shall not:

(I) Adopt any policy or enter into any contract that purports to impede disclosure of

information related to potential judicial misconduct to the commission. The department shall not

discourage any person or entity from cooperating with the commission or disclosing information

to the commission.

(II) Withhold from the commission disclosure of materials or information for any of the

following reasons:

(A) A claim of privilege held by the department, including attorney-client, attorney work

product, judicial deliberation, or other claim of privilege;

(B) A claim of confidentiality;

information, including a nondisclosure agreement; or

(D) A claim that any records are part of a state auditor fraud hotline investigation or

report; and

(III) Retaliate, directly or indirectly, against any person communicating with the

commission regarding potential judicial misconduct or its examination, any person seeking to

comply with the documentation and disclosure obligations of this section, or any person

otherwise assisting or suspected of assisting the commission to fulfill its constitutional mandate

or its role in judicial oversight.

confidentiality of the commission's communications and records.

(d) Notwithstanding subsection (6)(b)(II) of this section, the department may withhold

from disclosure to the commission materials and information whose disclosure is prohibited by

federal law, information covered by judicial deliberation privilege, and materials and

information in the department's custody or control through an established and

confidentiality-based mental health or professional development program. For any materials or

information withheld by the department under this subsection (6)(d), the department shall

disclose to the commission the nature of the materials withheld, the reason the items are

withheld, and, if requested by the commission, a privilege or confidentiality log compliant with

the standards governing civil litigation discovery.

(e) The timely disclosure to the commission of information or materials pursuant to this

section by the department does not, by itself, waive any otherwise valid claim of privilege or

confidentiality held by the department. When the department discloses materials or information

it asserts is privileged or confidential, the department and the commission shall enter an

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agreement under Rule 502 of the Colorado rules of evidence implementing this subsection

(6)(e), in which the department and the commission agree that the disclosure does not waive, by

itself, any otherwise valid claim of privilege or confidentiality held by the department, and that

the commission shall hold the materials and information as confidential under the commission's

procedures and not disclose privileged or confidential information to a third party except as may

be required through the investigative and disciplinary process. The department and the

commission may add further terms to address the individual circumstances of the matter if they

agree.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1351, § 2, effective May

20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-107. Rule-making. (1) [Editor's note: This version of subsection (1) is effective

unless the voters approve House Concurrent Resolution 23-1001 at the general election to be

held November 2024.] Section 23 (3)(h) of article VI of the Colorado constitution directs the

supreme court to provide by rule for procedures before the commission, the masters, and the

supreme court. In exercising its rulemaking authority, the supreme court shall provide the

commission reasonable notice and an opportunity to object before enacting any new rule or

amendment as it pertains to judicial discipline. If the commission objects to any rule or

amendment, representatives of the supreme court shall meet with representatives of the

commission and engage in good-faith efforts to resolve their differences.

(1) [Editor's note: This version of subsection (1) is effective if the voters approve

House Concurrent Resolution 23-1001 at the general election to be held November 2024.]

Section 23 (3) of article VI of the Colorado constitution establishes a rule-making committee to

propose rules for the commission and the judicial discipline adjudicative board. In exercising its

authority, the rule-making committee shall provide the commission and the judicial discipline

adjudicative board reasonable notice before proposing any new rule or amendment.

(2) [Editor's note: This version of subsection (2) is effective unless the voters approve

House Concurrent Resolution 23-1001 at the general election to be held November 2024.]

Whenever the supreme court proposes a rule, guideline, or procedure related to judicial

discipline, the supreme court shall post notice of the proposed rule, guideline, or procedure;

allow for a period for public comment; and give the public an opportunity to address the

supreme court concerning the proposed rule, guideline, or procedure at a public hearing.

(2) [Editor's note: This version of subsection (1) is effective if the voters approve

House Concurrent Resolution 23-1001 at the general election to be held November 2024.]

Whenever the rule-making committee proposes a rule, the committee shall post notice of the

proposed rule, allow for a period for public comment, and give the public an opportunity to

address the committee concerning the proposed rule at a public hearing.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May

20. L. 2023: Entire section amended, (HB 23-1019), ch. 366, p. 2200, § 4, effective (see editor's

note).

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Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that

amendments to this section are effective upon proclamation of the vote by the governor only if

House Concurrent Resolution 23-1001 is passed by a vote of the people at the general election in

November 2024.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-108. Reporting requirements - "State Measurement for Accountable,

Responsive, and Transparent (SMART) Government Act" report - annual report. (1) The

commission shall gather and maintain annual data and statistics on the following information:

(a) The number of requests for evaluation received, the number of other allegations of

judicial misconduct received regardless of form, and the number of requests for evaluation that

the commission dismissed because it lacks jurisdiction over the judge or conduct that is the

subject of the complaint;

(b) The number of judicial misconduct investigations performed, the types of complaints

investigated, and the results of the investigations;

an investigation, the number of reviewed complaints that were substantiated, and the number of

reviewed complaints that were not substantiated;

(d) The number of formal proceedings pursued;

(e) The number and types of dispositions entered, including the type of any discipline

imposed or recommended; and

(f) The demographics, including the gender, age, race, ethnicity, or disability, of judges

under discipline or investigation and those directly affected by the potential misconduct.

(2) Beginning January 2023, and every January thereafter, the commission shall report

on the activities of the commissioners to the committees of reference of the general assembly as

part of its "State Measurement for Accountable, Responsive, and Transparent (SMART)

Government Act" presentation required by section 2-7-203.

(3) (a) The commission shall make the information described in subsection (1) of this

section available online in a searchable format and include the information in its annual report.

The commission shall report and make the information available in aggregate form and without

individually identifiable information concerning a judge, complainant, or witness.

(b) Nothing in this subsection (3) requires the commission to make publicly available

any information it is required to keep confidential pursuant to the Colorado constitution or law.

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May

20. L. 2023: (1) amended and (3) added, (HB 23-1019), ch. 366, p. 2200, § 5, effective August

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-109. Representation by attorney general. (1) Pursuant to section 24-31-111, the

attorney general shall provide legal services, as defined in section 24-31-111 (6)(a), to the

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commission and the office. The attorney general shall designate one or more assistant attorneys

general to provide such legal services. Any assistant attorneys general shall not be within the

same unit, section, or division of the Colorado department of law that provides legal services to

the judicial department.

(2) This section does not limit the commission's or office's authority to hire attorneys to

serve as special counsel pursuant to section 13-5.3-102 (3)(d).

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1354, § 2, effective May

20.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-110. Legislative interim committee on judicial discipline - creation.

(Repealed)

Source: L. 2022: Entire article added, (SB 22-201), ch. 201, p. 1355, § 2, effective May

20. L. 2023: Entire section repealed, (HB 23-1019), ch. 366, p. 2201, § 6, effective August 7.

Cross references: For the legislative declaration in SB 22-201, see section 1 of chapter

201, Session Laws of Colorado 2022.

13-5.3-111. Requests for evaluation - manner - confidential requests. (1) In addition

to any other method permitted by the commission or office, a person may submit a request for

evaluation by mail or online. The office shall develop an online request for evaluation form that

is accessible from the commission's public website.

(2) The commission and office shall permit a person to submit a confidential or

anonymous request for evaluation.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 7, effective

August 7.

13-5.3-112. Complainant notification - point of contact. (1) Upon receipt of a

complaint, the office shall explain to the complainant the judicial discipline process, including

the steps in the process, the availability of confidential reporting, and confidentiality

requirements during each step of the process.

(2) The office shall designate a point of contact to keep complainants apprised of the

status of the complainant's complaint, including periodic updates related to the complaint and

timely notice of the outcome of the investigation of the complaint and the disciplinary or

adjudicative process. Updates must include, but are not limited to, information about the

following:

(a) Dismissal of a complaint;

(b) Completion of an investigation;

(d) Results of any hearings;

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(e) Imposition of any remedial measures or sanctions; and

(f) Appeal of any remedial measures or sanctions.

(3) If a complaint is dismissed because it is outside the commission's jurisdiction, the

office shall provide an explanation of the dismissal to the complainant.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 8, effective

August 7.

13-5.3-113. Judicial discipline adjudicative board - administrative support. [Editor's

note: This section is effective if the voters approve House Concurrent Resolution 23-1001 at

the general election to be held November 2024.] When a panel of the judicial discipline

adjudicative board convenes pursuant to section 23 (3) of article VI of the Colorado constitution,

the judge member of the panel is responsible for providing administrative support necessary to

facilitate the panel's hearings. With any necessary approval from the chief judge of a district

court, the panel judge may use the judge's own staff to provide the administrative support or, if

necessary, staff of other judges in the judge's district or another district may provide the support.

Staff from the same district as the respondent judge in the proceeding shall not provide

administrative support to the panel.

Source: L. 2023: Entire section added, (HB 23-1019), ch. 366, p. 2201, § 9, effective

(see editor's note).

Editor's note: Section 14 of chapter 366, Session Laws of Colorado 2023, provides that

this section is effective upon proclamation of the vote by the governor only if House Concurrent

Resolution 23-1001 is passed by a vote of the people at the general election in November 2024.

ARTICLE 5.5

Commissions on Judicial

Performance

Editor's note: This article 5.5 was added in 1988. It was repealed and reenacted in 2017,

resulting in the addition, relocation, or elimination of sections as well as subject matter. For

amendments to this article 5.5 prior to 2017, consult the 2016 Colorado Revised Statutes and the

Colorado statutory research explanatory note beginning on page vii in the front of this volume.

Former C.R.S. section numbers are shown in editor's notes following those sections that were

relocated. For a detailed comparison of this article 5.5, see the comparative tables located in the

back of the index.

13-5.5-101. Legislative declaration. (1) It is the intent of the general assembly to

provide:

(a) A comprehensive evaluation system of judicial performance;

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(b) Information to the people of Colorado regarding the performance of judges and

justices throughout the state; and

Colorado.

(2) Therefore, the general assembly finds and declares that it is in the public interest and

is a matter of statewide concern to:

(a) Provide judges and justices with useful information concerning their own

performances, along with training resources to improve judicial performance as necessary;

(b) Establish a comprehensive system of evaluating judicial performance to provide

persons voting on the retention of judges and justices with fair, responsible, and constructive

information about individual judicial performance;

authority to implement the provisions of this article 5.5; and

(d) Conduct statewide judicial performance evaluations, as well as judicial performance

evaluations within each judicial district, using uniform criteria and procedures pursuant to the

provisions of this article 5.5.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1765, § 1, effective

August 9. L. 2019: (1)(b), (1)(c), (2)(a), and (2)(b) amended, (SB 19-187), ch. 374, p. 3396, § 1,

effective May 30.

Editor's note: This section is similar to former § 13-5.5-101 as it existed prior to 2017.

13-5.5-102. Definitions. As used in this article 5.5, unless the context otherwise requires:

(1) "Attorney" means a person admitted to practice law before the courts of this state.

(2) "Commission" means both the state and district commissions on judicial

performance, established in section 13-5.5-104, unless the usage otherwise specifies the state

commission or a district commission.

(3) "Commissioner" means an appointed member of the state commission or one of the

district commissions on judicial performance established in section 13-5.5-104.

(4) "Department" means the state judicial department.

(5) "Executive director" means the executive director of the office on judicial

performance evaluation created in section 13-5.5-103.

(6) "Fund" means the state commission on judicial performance cash fund, created in

section 13-5.5-115.

(7) "Improvement plan" means an individual judicial improvement plan developed and

implemented pursuant to section 13-5.5-110.

(8) "Interim evaluation" means an interim evaluation conducted by a commission

pursuant to section 13-5.5-109 during a full term of office of a justice or judge.

(9) "Judge" includes all active judges.

(10) "Justice" means a justice serving on the supreme court of Colorado.

(11) "Office" means the office on judicial performance evaluation created in section

13-5.5-103.

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(12) "Retention year evaluation" means a judicial performance evaluation conducted by

a commission pursuant to section 13-5.5-108 of a justice or judge whose term is to expire and

who must stand for retention election.

(13) Repealed.

(14) "Volunteer courtroom observer program" means a systemwide program comprised

of volunteers who provide courtroom observation reports for use by state and district

commissions in judicial performance evaluations. The state commission shall develop rules,

guidelines, and procedures for the volunteer courtroom observer program pursuant to section

13-5.5-105 (2)(i).

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1766, § 1, effective

August 9. L. 2019: (9) amended and (13) repealed, (SB 19-187), ch. 374, p. 3397, § 2, effective

May 30.

13-5.5-103. Office on judicial performance evaluation - executive director - duties -

oversight. (1) The office on judicial performance evaluation is established in the judicial

department. The state commission on judicial performance, established pursuant to section

13-5.5-104, shall oversee the office.

(2) The state commission shall appoint an executive director of the office. The executive

director serves at the pleasure of the state commission. The executive director's compensation is

the same as that which the general assembly establishes for a judge of the district court. The state

commission shall not reduce the executive director's compensation during the time that he or she

serves as executive director. The executive director shall hire additional staff for the office as

necessary and as approved by the state commission.

(3) Subject to the state commission's supervision, the office shall:

(a) Staff the state and district commissions when directed to do so by the state

commission;

(b) Train state and district commissioners as needed and requested;

performance surveys developed, collected, and distributed, pursuant to section 13-5.5-105 (2);

(d) Conduct public education efforts concerning the judicial performance evaluation

process and the recommendations made by the state and district commissions;

(e) Measure public awareness of the judicial performance evaluation process through

regular polling; and

(f) Complete any other duties as assigned by the state commission.

(4) Office expenses are paid for from the state commission on judicial performance cash

fund created pursuant to section 13-5.5-115.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1767, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-101.5 as it existed prior to 2017.

13-5.5-104. State commission on judicial performance - district commissions on

judicial performance - established - membership - terms - immunity - conflicts. (1) The

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state commission on judicial performance is established, and a district commission on judicial

performance is established in each judicial district of the state. In appointing the membership of

each commission, the appointing entities must, to the extent practicable, include persons from

throughout the state or judicial district and persons with disabilities and take into consideration

race, gender, and the ethnic diversity of the state or district. Justices and judges actively

performing judicial duties may not be appointed to serve on a commission. Former justices and

judges are eligible to be appointed as attorney commissioners; except that a former justice or

judge may not be assigned or appointed to perform judicial duties while serving on a

commission.

(2) Repealed.

(3) (a) The state commission consists of eleven members, appointed on or before March

1, 2019, as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one

nonattorney;

(II) The minority leader of the house of representatives shall appoint one nonattorney;

(III) The president of the senate shall appoint one attorney and one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys and one attorney.

(b) The terms of state commissioners appointed prior to January 31, 2019, shall continue

until such time as his or her term was originally set to expire; except that the term of the two

nonattorneys appointed by the chief justice of the supreme court pursuant to subsection

(2)(a)(IV) of this section expires on January 31, 2019.

(4) (a) Each district commission consists of ten members, appointed on or before March

1, 2019, as follows:

(I) The speaker of the house of representatives shall appoint one attorney and one

nonattorney;

(II) The president of the senate shall appoint one attorney and one nonattorney;

(III) The minority leader of the house of representatives shall appoint one nonattorney;

(IV) The minority leader of the senate shall appoint one nonattorney;

(V) The chief justice of the supreme court shall appoint two attorneys; and

(VI) The governor shall appoint two nonattorneys.

(b) The terms of district commissioners appointed prior to January 31, 2019, shall

continue until such time as his or her term was originally set to expire; except that the following

commissioners' terms expire on January 31, 2019:

(I) The two nonattorneys appointed by the chief justice of the supreme court pursuant to

subsection (2)(a)(IV) of this section; and

(II) The attorney appointed by the governor pursuant to subsection (2)(a)(III) of this

section.

(5) (a) The term for a commissioner is four years and expires on November 30 of an

odd-numbered year. The term of a commissioner appointed to replace a member at the end of the

commissioner's term begins on December 1 of the same year.

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(b) The original appointing authority shall fill any vacancy on a commission, but a

commissioner shall not serve more than two full terms including any balance remaining on an

unexpired term if the initial appointment was to fill a vacancy. Within five days after a vacancy

arises on a commission, the commission with the vacancy shall notify the original appointing

authority of the vacancy. The original appointing authority shall make an appointment within

forty-five days after the date of the vacancy. If the original appointing authority fails to make the

appointment within forty-five days after the date of the vacancy, the state commission shall

make the appointment.

cause.

(6) Each commission shall elect a chair every two years by a vote of the membership.

(7) State and district commissioners and employees of the state or a district commission

are immune from suit in any action, civil or criminal, based upon official acts performed in good

faith as commissioners and employees of the state or a district commission.

(8) A commissioner shall recuse himself or herself from an evaluation of the person who

appointed the commissioner to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1768, § 1, effective

August 9. L. 2019: (5)(b) amended, (SB 19-187), ch. 374, p. 3397, § 3, effective May 30.

Editor's note: (1) This section is similar to former §§ 13-5.5-102 and 13-5.5-104 as they

existed prior to 2017.

(2) Subsection (2)(c) provided for the repeal of subsection (2), effective January 31,

2019. (See L. 2017, p. 1768.)

13-5.5-105. Powers and duties of the state and district commissions - rules. (1) In

addition to any other powers conferred or duties assigned upon the separate commissions by this

article 5.5, all commissions have the following powers and duties:

(a) To review any available case management data and statistics provided by the state

court administrator, the state commission, and district commissions related to individual justices

and judges. A district commission may ask the state court administrator to provide supplemental

information and assistance in assessing a judge's overall case management.

(b) To review written judicial opinions and orders authorized by justices and judges

under the commission's oversight;

judges, as well as information provided to the commissions by the volunteer courtroom observer

program;

(d) To interview justices and judges under the commission's oversight and to accept

information and documentation from interested persons as necessary, including judicial

performance surveys;

(e) To make recommendations and prepare narratives that reflect the results of

performance evaluations of justices and judges; and

(f) At an individual commission's discretion after it completes an interim evaluation of a

justice or judge pursuant to section 13-5.5-109, to recommend that the chief justice or

Colorado Revised Statutes 2023 Uncertified PrintoutPage 113 of 671

appropriate chief judge develop an individual judicial improvement plan pursuant to section

13-5.5-110.

(2) In addition to other powers conferred and duties imposed upon the state commission

by this article 5.5 and section 13-5.5-106, the state commission has the following powers and

duties:

(a) To appoint and supervise the executive director of the office on judicial performance

evaluation;

(b) To assist the executive director in managing the office and providing fiscal oversight

of the office's operating budget;

supreme court justices and judges of the court of appeals in accordance with sections 13-5.5-108

and 13-5.5-109;

(d) (I) To develop surveys to evaluate the performance of justices and judges, which

surveys are completed by individuals who interact with the court, including but not limited to

attorneys, jurors, represented and unrepresented litigants; law enforcement personnel; attorneys

within the district attorneys' and public defenders' offices, employees of the court, court

interpreters, employees of probation offices, and employees of local departments of social

services; and victims of crimes, as defined in section 24-4.1-302 (5);

(I.5) The surveys developed pursuant to subsection (2)(d)(I) of this section are to be

distributed primarily through electronic means, and the state commission shall make efforts to

locate electronic mail addresses for the parties identified in said subsection.

(II) To develop rules, guidelines, and procedures to make the results of surveys

developed pursuant to this subsection (2)(d) readily available to all parties set forth in subsection

(2)(d)(I) of this section;

(III) To develop rules, guidelines, and procedures to provide interested parties with

accessible and timely opportunities to review the surveys developed pursuant to this subsection

(2)(d); and

(IV) To develop rules, guidelines, and procedures to make the surveys developed

pursuant to this subsection (2)(d) and any available survey reports available to the public;

(e) To determine the validity of completed surveys developed pursuant to this subsection

(2), report to the district commissions on the validity of the surveys for their districts, and

prepare alternatives to surveys where sample populations are inadequate to produce valid results;

(f) To produce and distribute survey reports and public narratives that reflect the results

of each judicial performance evaluation;

(g) To develop rules, guidelines, and procedures for the review of the deliberation

procedures established by the district commissions; except that the state commission does not

have the power or duty to review actual determinations made by a district commission;

(h) To promulgate rules pursuant to section 13-5.5-106 concerning:

(I) The evaluation of justices and judges based on performance evaluation criteria set

forth in section 13-5.5-107;

(II) The creation of a standards matrix or scorecard related to the performance evaluation

criteria set forth in section 13-5.5-107; and

(III) The continuous collection of data for use in the evaluation process, including

surveys developed pursuant to subsection (2)(d) of this section;

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(i) To develop rules, guidelines, and procedures concerning a systemwide judicial

training program and a systemwide volunteer courtroom observer program; and

(j) To prepare a report pursuant to section 13-5.5-114.

(3) In addition to other powers conferred and duties imposed upon a district commission

by this article 5.5, in conformity with the rules, guidelines, and procedures adopted by the state

commission pursuant to section 13-5.5-106 and the state commission's review of the deliberation

procedures pursuant to subsection (2) of this section, each district commission has the following

powers and duties:

(a) To obtain information from parties and attorneys regarding judges' handling of cases

with respect to the judges' fairness, patience with pro se parties, gender neutrality, racial

disparity, and handling of emotional parties;

(b) To review data, prepare narratives, and make evaluations related to judges pursuant

to the provisions of sections 13-5.5-108 and 13-5.5-109; and

subsection (1) of this section, to collect all documents and other information, including all

surveys and copies, received regarding each judge who was evaluated and forward such

documents and information to the state commission within thirty days.

(4) Unless recused pursuant to a provision of this article 5.5, each commissioner of the

state and district commissions has the discretion to evaluate the performance of a justice or judge

under the commission's oversight and vote as to whether the justice or judge meets the

performance standard based upon the commissioner's review of all of the information available

to the commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1770, § 1, effective

August 9. L. 2019: (2)(d)(I), (2)(d)(III), and (2)(h)(II) amended and (2)(d)(I.5) added, (SB

19-187), ch. 374, p. 3397, § 4, effective May 30.

Editor's note: This section is similar to former §§ 13-5.5-103 and 13-5.5-105 as they

existed prior to 2017.

13-5.5-106. Rules, guidelines, and procedures. (1) The state commission shall adopt

rules, guidelines, and procedures as necessary to implement and effectuate the provisions of this

article 5.5, including rules, guidelines, and procedures governing the district commissions.

(2) The state commission shall consider proposed rules, guidelines, or procedures from

the judicial department; except that nothing in this section requires the state commission to seek

approval from the judicial department. The state commission retains the authority for the

adoption of final rules, guidelines, or procedures. The state commission may, at its discretion

and within existing appropriations and resources, retain independent legal counsel to review any

rules, guidelines, or procedures adopted pursuant to this section or section 13-5.5-105.

(3) The state commission may adopt rules, guidelines, or procedures that provide

guidance to commissioners regarding the review or interpretation of information obtained as a

result of the evaluation process and the criteria contained in section 13-5.5-107. Any such rules,

guidelines, or procedures must:

(a) Take into consideration the reliability of survey data and be consistent with section

13-5.5-105; and

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(b) Not divest any commissioner of his or her ultimate authority to decide whether a

justice or judge meets the minimum performance standards, as established by the state and

district commissions.

(4) The state commission shall post a notice of the proposed rule, guideline, or

procedure; allow for a period for public comment; and give the public an opportunity to address

the state commission concerning the proposed rule, guideline, or procedure at a public hearing.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective

August 9.

13-5.5-107. Judicial performance evaluation criteria. (1) The state commission and

each district commission shall evaluate each justice and judge in Colorado utilizing the powers

and duties conferred upon each commission in section 13-5.5-105. The evaluations must only

include the following performance evaluation criteria:

(a) Integrity, including but not limited to whether the justice or judge:

(I) Avoids impropriety or the appearance of impropriety;

(II) Displays fairness and impartiality toward all participants; and

(III) Avoids ex parte communications;

(b) Legal knowledge, including but not limited to whether the justice or judge:

(I) Demonstrates, through well-reasoned opinions and courtroom conduct, an

understanding of substantive law and relevant rules of procedure and evidence;

(II) Demonstrates, through well-reasoned opinions and courtroom conduct, attentiveness

to factual and legal issues before the court; and

(III) Adheres to precedent or clearly explains the legal basis for departure from

precedent and appropriately applies statutes or other sources of legal authority;

(I) Presents clearly written and understandable opinions, findings of fact, conclusions of

law, and orders;

(II) Presents clearly stated and understandable questions or statements during oral

arguments or presentations, and, for trial judges, clearly explains all oral decisions; and

(III) Clearly presents information to the jury, as necessary;

(d) Judicial temperament, including but not limited to whether the justice or judge:

(I) Demonstrates courtesy toward attorneys, litigants, court staff, and others in the

courtroom; and

(II) Maintains and requires order, punctuality, and appropriate decorum in the

courtroom;

(e) Administrative performance, including but not limited to whether the justice or

judge:

(I) Demonstrates preparation for oral arguments, trials, and hearings, as well as

attentiveness to and appropriate control over judicial proceedings;

(II) Manages workload and court time effectively and efficiently;

(III) Issues opinions, findings of fact, conclusions of law, and orders in a timely manner

and without unnecessary delay;

(IV) Participates in a proportionate share of the court's workload, takes responsibility for

more than his or her own caseload, and is willing to assist other justices or judges; and

Colorado Revised Statutes 2023 Uncertified PrintoutPage 116 of 671

(V) Understands and complies, as necessary, with directives of the Colorado supreme

court; and

(f) Service to the legal profession and the public by participating in service-oriented

efforts designed to educate the public about the legal system and improve the legal system.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1773, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-105.5 as it existed prior to 2017.

13-5.5-108. Judicial performance evaluations in retention election years - procedure

- recommendations. (1) Judicial performance evaluations for justices or judges whose terms

are to expire and who must stand for retention election are conducted as follows:

(a) The state commission shall conduct a judicial performance evaluation of each such

justice of the supreme court and judge of the court of appeals; and

(b) The district commission shall conduct a judicial performance evaluation for each

district judge and county judge.

(2) (a) The applicable commission shall complete a retention year evaluation and related

narrative to be communicated to the justice or judge no later than forty-five days prior to the last

day available for the justice or judge to declare his or her intent to stand for retention.

(b) The narrative prepared for a retention year evaluation must include an assessment of

the justice's or judge's strengths and weaknesses with respect to the judicial performance criteria

contained in section 13-5.5-107, a discussion regarding any deficiency identified in an interim

evaluation prepared pursuant to section 13-5.5-109, a review of any improvement plan

developed pursuant to section 13-5.5-110, and a statement of whether the applicable commission

concludes that any deficiency identified has been satisfactorily addressed, or a statement from

the chief justice or appropriate chief judge that an improvement plan, if any, was satisfactorily

followed by the justice or judge.

year evaluation the opportunity to meet with the commission or otherwise respond to the

evaluation no later than ten days following his or her receipt of the evaluation. If the meeting is

held or a response is made, the applicable commission may revise its evaluation.

(3) After the requirements of subsection (2) of this section are met, the applicable

commission shall make a recommendation regarding the performance of each justice or judge

who declares his or her intent to stand for retention. The recommendations must be stated as

"meets performance standard" or "does not meet performance standard". For a justice or judge to

receive a designation of "does not meet performance standard", there must be a majority vote by

the commission members that the particular justice or judge should receive such a

recommendation.

(4) District commissions shall forward recommendations, narratives, and any other

relevant information, including any completed judicial surveys, to the state commission

according to the provisions of section 13-5.5-105.

(5) The state commission shall release the narrative, the recommendation, and any other

relevant information related to a retention year evaluation, including the information forwarded

pursuant to section 13-5.5-105, to the public no later than two months prior to the retention

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election. The state commission shall arrange to have the narrative and recommendation for each

justice and judge standing for retention printed in the ballot information booklet prepared

pursuant to section 1-40-124.5 and mailed to electors pursuant to section 1-40-125.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1775, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-106 as it existed prior to 2017.

13-5.5-109. Judicial performance evaluations in interim years between elections -

procedure. (1) Within the first two years of a justice's or judge's appointment to the bench, the

appropriate commission shall conduct an initial evaluation of each justice and each judge. The

appropriate commission shall complete and communicate its judicial performance interim

evaluations as follows:

(a) The state commission shall communicate its findings, including any

recommendations for improvement plans, to the chief justice of the supreme court or the chief

judge of the court of appeals and the appellate justice or judge who was evaluated; and

(b) The applicable district commission shall communicate its findings, including any

recommendations for improvement plans, to the chief judge of the district and the judge who

was evaluated.

(2) If a commission recommends an improvement plan, the procedure development and

implementation for such a plan will follow the guidelines set forth in section 13-5.5-110.

(3) The appropriate commission, at its discretion, may conduct a subsequent interim

evaluation of each justice and each judge during the years between when the justice or judge

stands for retention, if applicable.

(4) The appropriate commission shall grant each justice or judge who receives an initial

or interim evaluation the opportunity to meet with the commission or otherwise respond to the

initial or interim evaluation no later than ten days following the justice's or judge's receipt of the

initial or interim evaluation. If a meeting is held or a response is made, the appropriate

commission may revise its initial or interim evaluation.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1776, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-106.3 as it existed prior to 2017.

13-5.5-110. Individual judicial improvement plans. (1) (a) If the state commission or

a district commission recommends, pursuant to section 13-5.5-109 (1), that a justice or judge

receive an individual judicial improvement plan, the commission shall communicate such

recommendation to the chief justice or appropriate chief judge. The chief justice or chief judge

shall then develop an improvement plan for such judge and shall send the improvement plan to

the state commission for review. After the state commission reviews and approves the

improvement plan, the chief justice or chief judge shall have the responsibility for implementing

and overseeing the improvement plan.

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(b) Once the justice or judge has completed the improvement plan, the chief justice or

chief judge shall convey the results of the improvement plan activities to the appropriate

commission, which will then maintain a copy of the improvement plan and the statement of

results in its files.

(2) If a justice or judge is required to complete an improvement plan pursuant to this

section, and he or she fails to satisfactorily complete the requirements of such improvement plan,

the appropriate commission shall automatically issue a "does not meet performance standard"

designation on his or her performance evaluation summary.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective

August 9.

13-5.5-111. Judicial performance evaluations - senior judges. (Repealed)

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective

August 9. L. 2019: Entire section repealed, (SB 19-187), ch. 374, p. 3398, § 5, effective May 30.

13-5.5-112. Recusal. (1) A commissioner shall disclose to his or her commission any

professional or personal relationship with a justice or judge that may affect an unbiased

evaluation of the justice or judge, including involvement with any litigation involving the justice

or judge and the commissioner, the commissioner's family, or the commissioner's financial

interests. A commission may require, upon a two-thirds vote of the other commissioners, the

recusal of one of its commissioners because of a relationship with a justice or judge.

(2) A justice or judge who is being evaluated by a state or district commission may not

recuse himself or herself from a case solely on the basis that an attorney, party, or witness in the

case is a commissioner on the evaluating commission.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1777, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-106.4 as it existed prior to 2017.

13-5.5-113. Confidentiality. (1) Except as provided in subsection (3) of this section, all

self-evaluations, personal information protected under section 24-72-204 (3)(a)(II), additional

oral or written information, content of any judicial improvement plans, and any matter discussed

in executive session is confidential except as otherwise specifically provided by rule. All surveys

must allow for the participant's name to remain confidential. Comments in surveys are

confidential but may be summarized in aggregate for use in judicial performance evaluation

narratives. A commissioner shall not publicly discuss the evaluation of a particular justice or

judge.

(2) Except as provided in subsection (3) of this section, all recommendations and

narratives are confidential until released to the public on the first day following the deadline for

justices and judges to declare their intent to stand for retention.

(3) Information required to be kept confidential pursuant to this article 5.5 may be

released only under the following circumstances:

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(a) To the supreme court attorney regulation committee, as provided by rule of the state

commission;

(b) To the commission on judicial discipline, as provided by rule of the state

commission; or

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-106.5 as it existed prior to 2017.

13-5.5-114. Reporting requirements - "State Measurement for Accountable,

Responsive, and Transparent (SMART) Government Act" report. (1) The state commission

shall gather and maintain statewide data and post a statistical report of the statewide data on its

website no later than thirty days prior to each retention election. The report must specify, at a

minimum:

(a) The total number of justices and judges who were eligible to stand for retention and

the number who declared their intent to stand for reelection;

(b) The total number of judicial performance evaluations of justices and judges

performed by the state and district commissions;

retention; and

(d) The total number of justices and judges who received a "meets performance

standard" or "does not meet performance standard" recommendation, respectively.

(2) Beginning in January 2019, and every two years thereafter, the state commission

shall report on the activities of the commissioners to the joint judiciary committee of the general

assembly as part of its "State Measurement for Accountable, Responsive, and Transparent

(SMART) Government Act" presentation required by section 2-7-203.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1778, § 1, effective

August 9.

13-5.5-115. State commission on judicial performance cash fund - acceptance of

private or federal grants - general appropriations. The state commission is authorized to

accept any grants of federal or private funds made available for any purpose consistent with the

provisions of this article 5.5. Any money received pursuant to this section must be transmitted to

the state treasurer, who shall credit the same to the state commission on judicial performance

cash fund, which is hereby created. The fund also includes the amount of the increases in docket

fees collected pursuant to sections 13-32-105 (1) and 42-4-1710 (4)(a). Any interest derived

from the deposit and investment of money in the fund is credited to the fund. Any unexpended

and unencumbered money remaining in the fund at the end of any fiscal year remains in the fund

and shall not be credited or transferred to the general fund or another fund. Money in the fund

may be expended by the state commission, subject to annual appropriation by the general

assembly, for the purposes of this article 5.5. In addition, the general assembly may make annual

appropriations from the general fund for the purposes of this article 5.5.

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Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective

August 9.

Editor's note: This section is similar to former § 13-5.5-107 as it existed prior to 2017.

13-5.5-116. Private right of action - definition. (1) Final actions of the state

commission are subject to judicial review as provided for in this section. For purposes of this

section, "final action" means a rule, guideline, or procedure adopted by the state commission

pursuant to this article 5.5. A "final action" does not include a final recommendation regarding a

justice or a judge that is made by the state commission or a district commission pursuant to

section 13-5.5-108 or 13-5.5-109, an improvement plan developed pursuant to section

13-5.5-110, surveys developed pursuant to section 13-5.5-105 (2)(d), or any aspect of an

individual justice's or judge's individual judicial performance evaluation.

(2) A person adversely affected or aggrieved by a final action of the state commission

may commence an action for judicial review in the Denver district court within thirty-five days

after such action becomes effective. Upon a finding by the court that irreparable injury would

otherwise result, the reviewing court shall postpone the effective date of the state commission's

action to preserve the rights of the parties, pending conclusion of the review proceedings.

(3) If the court finds no error, it shall affirm the state commission's final action. If the

court finds that the state commission's action is arbitrary or capricious; a denial of a statutory

right; contrary to constitutional right, power, privilege, or immunity; in excess of statutory

jurisdiction, authority, purposes, or limitations; not in accord with the procedures or procedural

limitations set forth in this article 5.5 or as otherwise required by law; an abuse or clearly

unwarranted exercise of discretion; based upon findings of fact that are clearly erroneous on the

whole record; unsupported by substantial evidence when the record is considered as a whole; or

otherwise contrary to law, then the court shall hold the action unlawful, set it aside, restrain

enforcement, and afford such other relief as may be appropriate. In all cases under review, the

court shall determine all questions of law, interpret the statutory and constitutional provisions

involved, and apply the interpretation to the facts duly found or established.

Source: L. 2017: Entire article R&RE, (HB 17-1303), ch. 331, p. 1779, § 1, effective

August 9.

ARTICLE 5.7

Colorado Access to Justice Commission

13-5.7-101. Legislative declaration. (1) The general assembly finds and declares that:

(a) Access to justice is a basic principle of the rule of law, and it ensures that all persons,

institutions, and entities, public and private, including the state itself, are accountable to laws

that are publicly promulgated, equally enforced, and independently adjudicated. In the absence

of access to justice, people are unable to have their voice heard, exercise their rights, challenge

discrimination, or hold decision makers accountable.

(b) Lack of access to justice is a problem that has serious social, legal, economic, and

political consequences;

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organizations concerned about the gap in access to justice in Colorado to develop and support a

range of tools, policies, and services to address this gap. The commission has served as a hub for

the many stakeholders working on access to the civil legal process without statutory

acknowledgment.

(d) From 2003 to the present, the need for access to justice and the importance of

improving access have grown, but the challenges of access to justice in Colorado and around the

nation have become more acute;

(e) A study by the Institute for the Advancement of the American Legal System at the

university of Denver found that access to justice is a broad societal problem, with sixty-six

percent of the American population experiencing at least one legal problem in the past four years

and with less than half of those problems being completely resolved;

(f) People with fewer economic resources are a vulnerable population due to lack of

access to justice, and Black, Indigenous, and other people of color are particularly vulnerable as

they encounter legal issues at a higher rate and of greater seriousness than other populations,

according to the Institute for the Advancement of the American Legal System at the university of

Denver. A 2022 study by the Legal Services Corporation found that low-income Americans do

not receive any or enough legal help for ninety-two percent of their legal problems.

(g) In response to these trends, in 2021, the commission undertook a systematic

statewide study to better understand the challenges facing those trying to resolve civil legal

problems. The commission conducted a total of forty-one different listen and learn sessions,

meeting virtually with legal and community service providers in each of Colorado's twenty-two

judicial districts. The study revealed that, due to the complexity of legal matters and the

prohibitive cost of legal help, barriers to access impact Coloradans of all backgrounds and from

all walks of life.

(h) The COVID-19 pandemic required experimentation and innovation in Colorado's

court system and elsewhere, uncovering ways that the legal system can work better for people

and organizations with legal needs; and

(i) There is an intersection of need and opportunity with respect to access to civil justice

for all Coloradans, such that the commission's ongoing work merits statutory recognition,

informing the governor and general assembly through regular, systematic input from the

commission.

(2) Therefore, the general assembly recognizes that access to civil courts is a pillar of

democracy and enacts this article 5.7 to codify the Colorado access to justice commission and

affirm its commitment to equitable access to the civil legal process.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1879, § 1, effective

August 7.

13-5.7-102. Definitions. As used in this article 5.7, unless the context otherwise requires:

(1) "Commission" means the Colorado access to justice commission established

pursuant to section 13-5.7-103.

(2) "Fund" means the Colorado access to justice cash fund created in section 13-5.7-105.

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Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1880, § 1, effective

August 7.

13-5.7-103. Colorado access to justice commission - creation - membership -

operation. (1) There is created the Colorado access to justice commission, which has the

powers and duties specified in this article 5.7.

(2) (a) The commission consists of:

(I) At least seventeen but no more than twenty voting members, as follows:

(A) At least eight but no more than ten members appointed by the Colorado bar

association;

(B) At least three but no more than four members appointed by the chief justice of the

supreme court of Colorado;

(D) One member appointed by the president of the Colorado senate;

(E) One member appointed by the speaker of the Colorado house of representatives;

(F) One member appointed by Colorado Legal Services, a nonprofit agency, or its

successor agency;

(G) One member appointed by the Colorado Lawyer Trust Account Foundation, or its

successor agency; and

(H) One member appointed by the Legal Aid Foundation of Colorado, or its successor

agency; and

(II) At least four nonvoting, ex officio members, including:

(A) The Colorado supreme court justice liaison;

(B) The executive director of Colorado Legal Services, or its successor agency;

agency; and

(D) A representative of the Colorado attorney general appointed by the chair of the

commission.

(b) Nothing in this subsection (2) prevents the chair of the commission from creating

nonvoting emeritus positions for long-serving, retiring commissioners.

September 1, 2023. Members of the commission serve three-year terms and may be reappointed

by their appointing authority for an additional two terms. Members of the commission may be

removed by their respective appointing authorities for cause. If a vacancy occurs on the

commission, the appointing authority for the member whose position is vacated shall appoint a

member to fill the vacant position.

(d) The commission shall select a chair and vice-chair of the commission from its

membership.

(3) Members of the commission serve without compensation but may be reimbursed for

their actual and necessary expenses incurred in the performance of their official duties as

members of the commission.

(4) The commission may establish bylaws as appropriate for its effective operation.

(5) The chair of the commission shall establish a schedule for commission meetings. The

commission shall meet at least once every three months.

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(6) Members of the commission, staff, and consultants are not liable for any act or

omission in their official capacity performed in good faith in accordance with this article 5.7.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1881, § 1, effective

August 7.

13-5.7-104. Duties of commission - mission - staffing - report. (1) The mission of the

commission is to expand access, quality, and fairness in the justice system for all Coloradans.

(2) The commission has the following powers and duties:

(a) To identify, examine, and report on the impediments to accessing Colorado's civil

justice system and how to mitigate or eliminate such impediments;

(b) To examine specific problems in the civil justice system, qualitatively and

quantitatively, and how to solve them, including consideration of the experiences of individuals

and organizations who use the system;

statewide issues that impede access to justice, thereby supporting an ecosystem of access to

justice work being done statewide;

(d) To create practical solutions for those who lack the information, tools, and services

necessary to resolve their civil legal problems fairly, quickly, and economically;

(e) To act as a leader to inform, engage, and inspire lawyers, advocates, community

members, and other stakeholders to improve access to justice;

(f) To use its platform to elevate understanding of and commitment to access to justice

in Colorado;

(g) To advocate for needed changes to laws, practices, rules, and policies in Colorado;

and

(h) To form advisory committees as necessary to gain input and expertise for the

commission in an effort to further the duties and responsibilities set forth in this subsection (2).

(3) (a) Commission advisory committees focus on specific subject matters and may

make recommendations to the full commission. The chair of the commission shall appoint

members of the commission to serve on the advisory committees and shall appoint a commission

member to serve as chair of each advisory committee formed pursuant to this subsection (3).

(b) The chair of an advisory committee may select interested members of the community

who are not members of the commission to serve on the advisory committee. Noncommission

members of an advisory committee serve without compensation or reimbursement for expenses.

(4) The commission may respond to inquiries from the general assembly, the governor,

businesses, or individuals, as resources allow.

(5) (a) The commission may hire staff to facilitate its work, including an executive

director and other staff as necessary.

(b) As funds allow, the commission may also contract with independent contractors to

provide resources for data collection, research, analysis, publication of the commission's findings

and reports, and other necessary services in furtherance of the commission's purpose.

(6) (a) Notwithstanding section 24-1-136 (11)(a)(I), the commission shall prepare and

submit an annual report on its work, including findings and recommendations approved by at

least two-thirds of the voting members of the commission, to the governor and the judiciary

committees of the senate and the house of representatives, or their successor committees. The

Colorado Revised Statutes 2023 Uncertified PrintoutPage 124 of 671

legislative committees of reference shall consider the commission's recommendations for

legislation, and the governor shall consider the commission's recommendations for regulatory

action. The commission shall present its report to the legislative committees of reference during

the committees' hearings held pursuant to the "SMART Act", part 2 of article 7 of title 2.

(b) With regard to any legislative recommendations contained in its report, the

commission shall specify the laws that need to be created, amended, or repealed to ensure access

to justice for all Coloradans.

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1882, § 1, effective

August 7.

13-5.7-105. Colorado access to justice cash fund - creation - funding sources - use of

fund. (1) (a) There is created in the state treasury the Colorado access to justice cash fund. The

fund consists of money appropriated or transferred by the general assembly to the fund and any

gifts, grants, or donations from private or public sources made to the commission for the purpose

of this article 5.7.

(b) Money in the fund is continuously appropriated to the commission for the purposes

of this article 5.7. The state treasurer shall credit to the fund all interest and income derived from

the investment and deposit of money in the fund. Any unexpended and unencumbered money

remaining in the fund at the end of any fiscal year shall remain in the fund and must not be

credited or transferred to the general fund or any other fund.

in-kind donations, from any source for the purposes of this article 5.7, and nothing in this title 13

prevents the commission from maintaining as a subsidiary or in other appropriate form an

organization exempt from federal income tax under 26 U.S.C. sec. 501(c)(3).

(2) The commission may use money in the fund for the implementation of this article 5.7

and in furtherance of the commission's mission, including:

(a) To compensate the commission's staff and independent contractors;

(b) To pay the costs of obtaining data and analyses from organizations and entities; and

Source: L. 2023: Entire article added, (HB 23-1280), ch. 308, p. 1884, § 1, effective

August 7.

ARTICLE 6

County Courts

Cross references: For the power of the general assembly to provide simplified

procedures in county courts for the trial of misdemeanors, see § 21 of art. VI, Colo. Const.

PART 1

ESTABLISHMENT AND JURISDICTION

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13-6-101. Establishment. Pursuant to the provisions of section 1 of article VI of the

Colorado constitution, there is hereby established in each county of the state of Colorado a

county court.

Source: L. 64: p. 409, § 1. C.R.S. 1963: § 37-13-1.

13-6-102. Court of record. Each county court shall be a court of record, with such

powers as are inherent in constitutionally created courts.

Source: L. 64: p. 409, § 2. C.R.S. 1963: § 37-13-2.

13-6-103. Statewide jurisdiction. The jurisdiction of the county court shall extend to all

cases which arise within the boundaries of this state or are subject to its judicial power and

which are within the limitations imposed by this article, but the exercise of this jurisdiction is

subject to restrictions of venue as established by this article or, if there are none, by rule of the

Colorado supreme court.

Source: L. 64: p. 409, § 3. C.R.S. 1963: § 37-13-3. L. 79: Entire section amended, p.

598, § 12, effective July 1.

13-6-104. Original civil jurisdiction. (1) On and after January 1, 2019, the county court

shall have concurrent original jurisdiction with the district court in civil actions, suits, and

proceedings in which the debt, damage, or value of the personal property claimed does not

exceed twenty-five thousand dollars, including by way of further example, and not limitation,

jurisdiction to hear and determine actions in tort and assess damages therein not to exceed

twenty-five thousand dollars. The county court shall also have jurisdiction of counterclaims in

all such actions when the counterclaim does not exceed twenty-five thousand dollars.

(2) The county court shall have concurrent original jurisdiction with the district court in

actions to foreclose liens pursuant to article 20 of title 38 and in cases of forcible entry, forcible

detainer, or unlawful detainer, except when such cases involve the boundary or title to real

property and except as provided in section 13-40-109. Judgment in the county court for rent,

damages on account of unlawful detention, damages for injury to property, and damages

incurred under article 20 of title 38 pursuant to this subsection (2) shall not exceed a total of

twenty-five thousand dollars, exclusive of costs and attorney fees, nor shall the county court on

and after January 1, 2019, have jurisdiction if the monthly rental value of the property exceeds

twenty-five thousand dollars.

(3) The county court shall have concurrent original jurisdiction with the district court in

petitions for change of name.

(4) Repealed.

(5) The county court shall have concurrent original jurisdiction with the district court to

issue temporary and permanent civil restraining orders as provided in article 14 of this title.

(6) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.)

(7) The county court shall have concurrent original jurisdiction with the district court to

hear actions brought pursuant to section 25-8-607, C.R.S.

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(8) The county court shall have original jurisdiction in hearings concerning the

impoundment of motor vehicles pursuant to section 42-13-106, C.R.S.

(9) (Deleted by amendment, L. 99, p. 501, § 5, effective July 1, 1999.)

Source: L. 64: p. 409, § 4. C.R.S. 1963: § 37-13-4. L. 67: p. 1063, § 2. L. 75: (2)

amended, p. 1419, § 8, effective April 24; (1) and (2) amended, p. 561, § 1, effective October 1.

L. 78: (5) added, p. 352, § 1, effective April 21. L. 79: (6) added, p. 599, § 13, effective July 1.

L. 81: (1) and (2) amended, p. 879, § 1, effective July 1; (7) added, p. 1338, § 2, effective July 1.

L. 82: (5) R&RE and (6) amended, p. 301, §§ 2, 3, effective April 23. L. 86: (8) added, p. 924, §

2, effective April 3. L. 87: (2) amended, p. 1576, § 13, effective July 10. L. 90: (1) and (2)

amended, p. 848, § 2, effective May 31; (1) and (2) amended, p. 854, § 2, effective July 1. L. 92:

(9) added, p. 292, § 2, effective April 23. L. 94: (4) repealed, p. 2031, § 6, effective July 1; (8)

amended, p. 2548, § 29, effective January 1, 1995. L. 99: (5), (6), and (9) amended, p. 501, § 5,

effective July 1. L. 2001: (1) and (2) amended, p. 1517, § 11, effective September 1. L. 2018:

(1) and (2) amended, (SB 18-056), ch. 298, p. 1816, § 1, effective January 1, 2019.

Cross references: (1) For treatment by county court of restraining orders issued in

restraint of persons threatening assaults and bodily harm, see C.R.C.P. 365(b); for civil

protection orders, see article 14 of this title; for provisions relating to domestic abuse programs,

see article 7.5 of title 26.

(2) For the legislative declaration contained in the 1990 act amending subsections (1)

and (2), see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-105. Specific limits on civil jurisdiction. (1) The county court has no civil

jurisdiction except that specifically conferred upon it by law. In particular, it has no jurisdiction

over the following matters:

(a) Matters of probate;

(b) Matters of mental health, including certification, restoration to competence, and the

appointment of conservators;

separation;

(d) Matters affecting children, including the allocation of parental responsibilities,

support, guardianship, adoption, dependency, or delinquency;

(e) Matters affecting boundaries or title to real property;

(f) Original proceedings for the issuance of injunctions, except:

(I) As provided in sections 13-6-104 (5) and 38-12-507 (1)(b);

(II) As required to enforce restrictive covenants on residential property and to enforce

section 6-1-702.5; and

(III) As otherwise specifically authorized in this article 6 or, if there is no authorization,

by rule of the Colorado supreme court.

(2) Any powers or duties previously placed in the county court by law in connection

with any of the matters excluded from the jurisdiction of the county court by this section are

transferred to the district court or, if within their jurisdiction, to the probate court of the city and

county of Denver or the juvenile court of the city and county of Denver, and the statutes relating

thereto shall be so construed.

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(3) Nothing in this section shall be deemed to prevent the appointment of county judges

as magistrates in juvenile matters or as magistrates in mental health and other matters.

Appointments of county judges as magistrates in mental health and other matters are authorized,

and, when so appointed by the district judge, the county judge shall serve as a district court

officer for the designated purposes.

Source: L. 64: p. 410, § 5. C.R.S. 1963: § 37-13-5. L. 78: (1)(f) amended, p. 353, § 2,

effective April 21. L. 79: (1)(f) amended, p. 599, § 14, effective July 1; (3) amended, p. 963, §

12, effective July 1. L. 88: (1)(f) amended, p. 601, § 1, effective July 1. L. 91: (3) amended, p.

356, § 8, effective April 9. L. 98: (1)(d) amended, p. 1392, § 24, effective February 1, 1999. L.

2000: (1)(f) amended, p. 2034, § 2, effective August 2. L. 2008: (1)(f) amended, p. 596, § 4,

effective August 5. L. 2019: IP(1) and (1)(f) amended, (HB 19-1170), ch. 229, p. 2305, § 1,

effective August 2. L. 2020: (1)(b) amended, (SB 20-136), ch. 70, p. 282, § 3, effective

September 14.

Cross references: For the legislative declaration in SB 20-136, see section 1 of chapter

70, Session Laws of Colorado 2020.

13-6-106. Original criminal jurisdiction. (1) The county court shall have concurrent

original jurisdiction with the district court in the following criminal matters:

(a) Criminal actions for the violation of state laws which constitute misdemeanors or

petty offenses, except those actions involving children over which the juvenile court of the city

and county of Denver or the district courts of the state, other than in Denver, have exclusive

jurisdiction;

(b) The issuance of warrants, the conduct of preliminary examinations, the conduct of

dispositional hearings pursuant to section 16-5-301 (1), C.R.S., and section 18-1-404 (1), C.R.S.,

the issuance of bindover orders, and the admission to bail in felonies and misdemeanors.

(2) The provisions of subsection (1)(b) of this section shall not apply to any child under

the age of eighteen years alleged to have committed a felony, except a crime of violence

punishable by death or life imprisonment where the accused is sixteen years of age or older.

Source: L. 64: p. 411, § 6. C.R.S. 1963: § 37-13-6. L. 67: p. 1051, § 6. L. 79: (1)(a)

amended, p. 599, § 15, effective July 1. L. 98: (1)(b) amended, p. 1274, § 4, July 1.

13-6-107. Restraining orders to prevent emotional abuse of the elderly. (Repealed)

Source: L. 92: Entire section added, p. 290, § 1, effective April 23. L. 94: (5), (9), (10),

and (11) amended and (13) added, p. 2005, § 1, effective January 1, 1995. L. 98: (1) and (5)

amended, p. 244, § 2, effective April 13. L. 99: Entire section repealed, p. 501, § 6, effective

July 1.

PART 2

JUDGES AND OTHER PERSONNEL

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13-6-201. Classification of counties. (1) For such organizational and administrative

purposes concerning county courts as are specified in this part 2, counties shall be classified as

provided in subsection (2) of this section. The classifications established in this section shall not

have any effect upon any classifications now provided by law for any other purpose and

specifically shall have no effect upon the existing classification of counties for the purpose of

fixing judicial salaries for county judges as provided by section 13-30-103.

(2) Classes of counties for this part 2 are:

(a) Class A. Class A shall consist of the city and county of Denver.

(b) Class B. Class B consists of the counties of Adams, Arapahoe, Boulder, Douglas,

Eagle, El Paso, Fremont, Garfield, Jefferson, La Plata, Larimer, Mesa, Montezuma, Montrose,

Pueblo, Summit, Weld, and the city and county of Broomfield.

Morgan, Otero, Prowers, and Rio Grande.

(d) Class D. Class D shall consist of the counties of Archuleta, Baca, Bent, Chaffee,

Cheyenne, Clear Creek, Conejos, Costilla, Crowley, Custer, Dolores, Elbert, Gilpin, Grand,

Gunnison, Jackson, Hinsdale, Huerfano, Kiowa, Kit Carson, Lake, Lincoln, Mineral, Moffat,

Ouray, Park, Phillips, Pitkin, Saguache, San Juan, San Miguel, Sedgwick, Rio Blanco, Routt,

Teller, Washington, and Yuma.

Source: L. 64: p. 411, § 7. C.R.S. 1963: § 37-14-1. L. 72: p. 591, § 59. L. 75: (2)(b) and

(2)(d) amended, p. 563, § 1, effective July 1. L. 77: (2)(b) R&RE and (2)(c) amended, p. 783, §§

1, 2, effective July 1, 1978. L. 81: (1) amended, p. 2025, § 15, effective July 14. L. 92: (2)(b)

and (2)(d) amended, p. 274, § 1, effective February 12. L. 93: (2)(b) and (2)(d) amended, p.

1774, § 31, effective June 6. L. 97: (2)(b) and (2)(d) amended, p. 984, § 1, effective July 1,

1998. L. 2001: (2)(b) amended, p. 56, § 1, effective July 1. L. 2007: (1), (2)(b), and (2)(c)

amended, p. 363, § 1, effective April 2. L. 2009: (2)(b) and (2)(c) amended, (HB 09-1037), ch.

18, p. 95, § 1, effective March 18. L. 2022: (2)(b) and (2)(c) amended, (HB 22-1237), ch. 113, p.

510, § 1, effective April 21.

13-6-202. Number of judges. (1) In each county there shall be one county judge; except

that: In the county of El Paso, there shall be eight county judges; in each of the counties of

Arapahoe and Jefferson, there shall be seven county judges; in the county of Adams, there shall

be six county judges; in the county of Boulder, there shall be five county judges; in each of the

counties of Larimer and Weld, there shall be four county judges; in each of the counties of

Pueblo, Douglas, and Mesa, there shall be three county judges; and, in the city and county of

Denver, there shall be the number of county judges provided by the charter and ordinances

thereof. In the city and county of Broomfield, there shall be one county judge. One of the county

judges in Boulder county shall maintain a courtroom in the city of Longmont at least three days

per week. The judge of the Eagle county court shall conduct court business in that portion of

Eagle county lying in the Roaring Fork river drainage area in a manner sufficient to deal with the

business before the court.

(2) (a) Subject to available appropriations, effective July 1, 2008, the number of county

judges in the county of Jefferson shall be eight.

(b) Subject to available appropriations, effective July 1, 2009, the number of county

judges in the county of Jefferson shall be nine.

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(3) (a) Subject to available appropriations, effective July 1, 2008, the number of county

judges in the county of El Paso shall be nine.

(b) Subject to available appropriations, effective July 1, 2009, the number of county

judges in the county of El Paso shall be ten.

(4) Subject to available appropriations, effective July 1, 2008, the number of county

judges in the county of Larimer shall be five.

(5) (a) Subject to available appropriations, effective July 1, 2008, the number of county

judges in the county of Adams shall be seven.

(b) Subject to available appropriations, effective July 1, 2009, the number of county

judges in the county of Adams shall be eight.

(6) Subject to available appropriations, effective July 1, 2008, the number of county

judges in the county of Arapahoe shall be eight.

Source: L. 64: p. 412, § 8. L. 65: p. 476, §§ 1, 2. C.R.S. 1963: § 37-14-2. L. 67: p. 485,

§ 1. L. 68: p. 38, § 1. L. 72: pp. 189, 592, §§ 1, 60. L. 73: p. 495, § 1. L. 75: Entire section

amended, p. 565, § 2, effective October 1. L. 77: Entire section amended, p. 785, § 1, effective

July 1. L. 80: Entire section amended, p. 509, § 1, effective July 1. L. 84: Entire section

amended, p. 454, § 4, effective September 1. L. 89: Entire section amended, p. 749, § 1,

effective April 1, 1990. L. 92: Entire section amended, p. 275, § 2, effective February 12. L. 95:

Entire section amended, p. 452, § 1, effective May 16. L. 99: Entire section amended, p. 668, §

1, effective May 18. L. 2001: Entire section amended, p. 56, § 2, effective July 1. L. 2006:

Entire section amended, p. 22, § 2, effective July 1. L. 2007: Entire section amended, p. 1529, §

16, effective May 31.

13-6-203. Qualifications of judges. (1) The county judge shall be a qualified elector of

the county for which he is elected or appointed and shall reside there so long as he serves as

county judge.

(2) In counties of Class A and B, no person shall be eligible for election or appointment

to the office of county judge unless he has been admitted to the practice of law in Colorado.

(3) In counties of Class C and Class D, a person is not eligible for appointment to the

office of county judge unless he or she has graduated from high school or has successfully

completed a high school equivalency examination, as defined in section 22-33-102 (8.5), C.R.S.

(4) Repealed.

(5) Judges-elect who have not been admitted to the practice of law shall not take office

for the first time as county judge until they have attended an institute on the duties and

functioning of the county court to be held under the supervision of the supreme court, unless

such attendance is waived by the supreme court. Judges who are attorneys and who are taking

office for the first time as county judge may attend this institute if they wish. All judges are

entitled to their actual and necessary expenses while attending this institute. The supreme court

shall establish the institute to which this subsection (5) refers and shall provide that it be held

when the appointment of a sufficient number of nonlawyer county judges warrants, as

determined by the chief justice.

Source: L. 64: p. 412, § 9. C.R.S. 1963: § 37-14-3. L. 67: p. 457, § 9. L. 69: p. 250, §

10. L. 72: p. 592, § 61. L. 73: p. 1402, § 30. L. 79: (3) amended and (4) repealed, pp. 599, 602,

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§§ 16, 30, effective July 1. L. 2014: (3) amended, (SB 14-058), ch. 102, p. 377, § 2, effective

April 7.

13-6-204. Activities of judges. (1) In counties of Class A and B, county judges shall

devote their full time to judicial duties and shall not engage in the private practice of law. They

may also serve as municipal judges in counties of Class A but may not do so in counties of Class

(2) In counties of Class C and D, county judges, if admitted to the bar, may engage in the

private practice of law in courts other than the county court and in matters which have not and

will not come before the county court and may serve as municipal judges.

(3) County judges of any class county may be appointed as magistrates in juvenile

matters and as magistrates for the district court in mental health matters and shall receive no

additional compensation for such service. County judges may accept appointment as magistrates

in any other matter, and for such service a county judge is entitled to such compensation as the

appointing district judge may allow, payable from funds provided under sections 13-3-104 and

13-3-106.

Source: L. 64: p. 413, § 10. C.R.S. 1963: § 37-14-4. L. 79: (3) amended, p. 764, § 13,

effective July 1. L. 91: (3) amended, p. 356, § 9, effective April 9.

13-6-205. Term and appointment of judges. The term of office of county judges shall

be four years. County judge appointments shall be made pursuant to section 20 of article VI of

the state constitution. This section shall not apply to the city and county of Denver, and the term

of office and manner of selection of county judges therein shall be determined by the charter and

ordinances thereof.

Source: L. 64: p. 413, § 11. C.R.S. 1963: § 37-14-5. L. 72: p. 592, § 62.

13-6-206. Vacancies. (1) If the office of a county judge, except in the city and county of

Denver, becomes vacant because of death, resignation, failure to be retained in office pursuant to

section 25 of article VI of the state constitution, or other cause, the governor, as provided in

section 20 of article VI of the state constitution, shall appoint an individual possessing the

qualifications specified in section 13-6-203.

(2) If the office of a county judge becomes vacant, the general assembly encourages the

judicial district nominating commission in certifying the names of the nominees to the governor

to give preference to persons who:

(a) Reside within the county in which the vacancy occurs; and

(b) Have been admitted to practice law in the state.

Source: L. 64: p. 413, § 12. C.R.S. 1963: § 37-14-6. L. 67: p. 457, § 10. L. 2016: Entire

section amended, (SB 16-153), ch. 194, p. 684, § 1, effective August 10.

13-6-207. Bond. (Repealed)

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Source: L. 64: p. 413, § 13. C.R.S. 1963: § 37-14-7. L. 69: p. 250, § 11. L. 79: Entire

section repealed, p. 602, § 30, effective July 1.

13-6-208. Special associate, associate, and assistant county judges. (1) In order to

provide for the expeditious handling of county court business and for county court sessions in

population centers which are not county seats, there may be created in counties designated by

law the positions of special associate county judge, associate county judge, and assistant county

judge.

(2) Special associate, associate, and assistant county judges, when so provided by law,

except in the city and county of Denver, shall be elected or appointed at the same time, in the

same manner, and for the same term, and shall possess the same qualifications, as the county

judges of their respective counties. Vacancies in positions for special associate, associate, and

assistant county judges shall be filled in the same manner as a vacancy in the office of county

judge.

(3) The location of the official residence and court chambers for the purpose of holding

court of special associate, associate, and assistant county judges shall be as prescribed by law.

Travel and maintenance expenses shall be allowed special associate, associate, and assistant

county judges only when they are performing official duties outside of their official places of

residence.

(4) Special associate, associate, and assistant county judges when actually performing

judicial duties shall have all the jurisdiction and power of a county judge, and their orders and

judgments shall be those of the county court.

(5) Repealed.

(6) Special associate, associate, and assistant county judges in counties of Classes B, C,

and D, if admitted to the bar, may engage in the private practice of law in courts other than the

county court and in matters which have not and will not come before the county court, and may

serve as municipal judges.

Source: L. 64: p. 414, § 14. C.R.S. 1963: § 37-14-8. L. 67: p. 457, § 11. L. 71: p. 370, §

1. L. 80: (5) repealed, p. 578, § 8, effective July 1.

13-6-209. Special associate and associate county judges - designated counties. (1) In

the county of Montrose there shall be an associate county judge who shall maintain his or her

official residence in Montrose county and court chambers in that portion of Montrose county that

is included in the southwestern water conservation district as set forth and described in section

37-47-103, C.R.S.

(2) In the county of Garfield there shall be a special associate county judge who shall

maintain an official residence in Garfield county and court chambers in the city of Rifle.

(3) In the county of Rio Blanco there must be an associate county judge who shall

maintain an official residence in Rio Blanco County and court chambers in the city of Rangely.

(4) Repealed.

Source: L. 64: p. 414, § 15. C.R.S. 1963: § 37-14-9. L. 67: p. 485, § 2. L. 71: p. 371, §

2. L. 75: (4) repealed, p. 564, § 3, effective January 1, 1979. L. 2012: (1) amended, (HB

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12-1323), ch. 105, p. 358, § 1, effective April 13. L. 2022: (2) and (3) amended, (HB 22-1237),

ch. 113, p. 510, § 2, effective April 21.

13-6-210. Assistant county judges - designated counties. (Repealed)

Source: L. 64: p. 415, § 16. L. 65: p. 477, §§ 1, 2. C.R.S. 1963: § 37-14-10. L. 67: p.

304, § 1. L. 69: p. 263, § 1. L. 72: p. 592, § 63. L. 77: (1) repealed, p. 785, § 2, effective July 1.

L. 79: (3) amended, p. 607, § 1, effective May 18. L. 90: (2) repealed, p. 861, § 1, effective

March 22. L. 92: (3) repealed, p. 275, § 3, effective February 12.

13-6-211. Appointment of clerk. (1) (a) The position of clerk of the county court is

established in counties of Classes A, B, C, and D, except as otherwise provided in this section

and in section 13-3-107.

(b) In counties of Class A, the appointment of the clerk shall be made and his salary

fixed as prescribed in the charter and ordinances of such county.

accordance with the provisions of section 13-3-105.

(2) In such counties as may be determined by the chief justice, the functions of the office

of the clerk of the county court may be performed by a consolidated office serving both the

district and county courts, as provided in section 13-3-107.

(3) In any county in which there is no clerk of the county court provided pursuant to the

provisions of section 13-3-105, the judge of the county court shall act as ex officio clerk without

further compensation and have all the duties and powers of the clerk.

Source: L. 64: p. 416, § 20. C.R.S. 1963: § 37-14-14. L. 69: p. 251, § 14. L. 79: (2)

amended, p. 599, § 17, effective July 1.

13-6-212. Duties of clerk. (1) The powers and duties of the clerk of the county court

shall be similar to the powers and duties of the clerk of the district court exclusive of the powers

of the district court clerk in probate and shall include such duties as may be assigned to him by

law, by court rules, and by the county judge.

(2) Upon approval by the chief justice of the supreme court, the chief judge of a judicial

district may authorize, either generally or in specific cases, the clerk of the county court to do the

following:

(a) Issue bench warrants, misdemeanor or felony warrants, and writs of restitution upon

written or oral order of a judge;

(b) Advise defendants in criminal cases of their procedural and constitutional rights;

such cases;

(d) Subject to the requirements of the Colorado rules of civil procedure, enter default

and default judgments and issue process for the enforcement of said judgments;

(e) Under the direction of a judge, grant continuances, set motions for hearing, and set

cases for trial; and

(f) With the consent of the defendant, accept pleas of guilty and admissions of liability

and impose penalties pursuant to a schedule approved by the presiding judge in misdemeanor

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cases involving violations of wildlife and parks and outdoor recreation laws for which the

maximum penalty in each case is a fine of not more than one thousand dollars; and in

misdemeanor traffic and traffic infraction cases involving the regulation of vehicles and traffic

for which the penalty specified in section 42-4-1701, or elsewhere in articles 2 to 4 of title 42, in

each case is less than three hundred dollars; and in civil infraction cases. A clerk shall not levy a

fine greater than these amounts nor sentence any person to jail. If, in the judgment of the clerk, a

fine greater than these amounts or a jail sentence is justified, the case must be certified to the

judge of the county court for rearraignment and trial de novo.

Source: L. 64: p. 417, § 21. C.R.S. 1963: § 37-14-15. L. 79: Entire section amended, p.

608, § 1, effective April 25. L. 83: (2)(f) amended, p. 602, § 1, effective July 1. L. 84: (2)(f)

amended, p. 921, § 7, effective January 1, 1985. L. 94: (2)(f) amended, p. 2549, § 30, effective

January 1, 1995. L. 2022: (2)(f) amended, (HB 22-1229), ch. 68, p. 339, § 3, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act amending subsection (2)(f) is effective March 1, 2022, but the governor did

not approve the act until April 7, 2022.

Cross references: For court clerk's duties, see article 1 of this title and § 13-5-125; for

law enforcement and penalties relating to wildlife and parks and outdoor recreation, see articles

6 and 15 of title 33.

13-6-213. Bond of clerk. (Repealed)

Source: L. 64: p. 417, § 22. C.R.S. 1963: § 37-14-16. L. 69: p. 251, § 15. L. 79: Entire

section repealed, p. 602, § 30, effective July 1.

13-6-214. Other employees. (1) In counties of Class A, such deputy clerks, assistants,

reporters, stenographers, and bailiffs as shall be necessary for the transaction of the business of

the county court may be appointed and their compensation fixed in the manner provided in the

charter and ordinances thereof.

(2) In counties of Classes B, C, and D, there shall be appointed such deputy clerks,

assistants, reporters, stenographers, and bailiffs as are necessary, in accordance with the

provisions of section 13-3-105.

Source: L. 64: p. 417, § 23. C.R.S. 1963: § 37-14-17. L. 69: p. 252, § 16.

13-6-215. Presiding judges. In each county court which has more than one county judge,

the court, by rule, shall provide for the designation of a presiding judge. If there is a failure to

select a presiding judge by rule, the chief justice shall designate a presiding judge.

Source: L. 64: p. 418, § 24. C.R.S. 1963: § 37-14-18. L. 79: Entire section amended, p.

599, § 18, effective July 1.

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13-6-216. Judges to sit separately. In each county court which has more than one

county judge, each judge shall sit separately for the trial of cases and the transaction of judicial

business, and each court so held shall be known as the county court of the county wherein held.

Each judge shall have all of the powers which he might have if he were the sole judge of the

court, including the power to vacate his own judgments, decrees, or orders, or those of a

predecessor when permitted by law, but not county court orders of another judge of the same

county court who is still in office.

Source: L. 64: p. 418, § 25. C.R.S. 1963: § 37-14-19.

13-6-217. Judges may sit en banc. In each county court which has more than one judge,

the court may sit en banc for the purpose of making rules of court, the appointment of a clerk

and other employees, pursuant to section 13-3-105, and the conduct of other business relating to

the administration of the court, as authorized by and subject to the approval of the chief justice

of the supreme court.

Source: L. 64: p. 418, § 26. C.R.S. 1963: § 37-14-20. L. 67: p. 458, § 14. L. 69: p. 252,

§ 17.

13-6-218. Assignment of county judges and retired county judges to other courts

authorized. Any county judge or retired county judge who has been licensed to practice law in

this state for five years may be assigned by the chief justice of the supreme court, pursuant to

section 5 (3) of article VI of the state constitution, to perform judicial duties in any district court,

the probate court of the city and county of Denver, or the juvenile court of the city and county of

Denver.

Source: L. 67: p. 458, § 15. C.R.S. 1963: § 37-14-21. L. 85: Entire section amended, p.

570, § 4, effective November 14, 1986.

13-6-219. Judge as party to a case - recusal of judge upon motion. (1) If a judge or

former judge of a county court is a party in his or her individual and private capacity in a case

that is to be tried within any county court in the same judicial district in which the judge or

former judge is or was a judge of a county court, any party to the case may file a timely motion

requesting that the judge who is appointed to preside over the case recuse himself or herself from

the case.

(2) If a county court receives a motion filed by a party pursuant to subsection (1) of this

section, the judge who is appointed to preside over the case shall recuse himself or herself if he

or she is a judge of a county court in the same judicial district in which the judge or former judge

who is a party to the case in his or her individual and private capacity is or was a judge of a

county court.

(3) If a judge recuses himself or herself pursuant to subsection (2) of this section, the

chief justice of the Colorado supreme court or his or her designee shall appoint a judge from

outside the judicial district to preside over the case.

Source: L. 2008: Entire section added, p. 436, § 2, effective August 5.

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PART 3

GENERAL PROCEDURAL PROVISIONS

13-6-301. Court rules. Each county court possesses the power to make rules for the

conduct of its business to the extent that such rules are not in conflict with the rules of the

supreme court or the laws of the state, but are supplementary thereto. In each county court which

has more than one judge, or has an associate judge sitting regularly, the court shall make such

rules as it deems necessary for the classification, arrangement, and distribution of the business of

the court among the several judges thereof. All county court rules are subject to review by the

supreme court.

Source: L. 64: p. 418, § 27. C.R.S. 1963: § 37-15-1.

13-6-302. Terms of court. Terms of the county court shall be fixed by rule of the court

in each county; except that at least one term shall be held in each county in each year.

Source: L. 64: p. 419, § 28. C.R.S. 1963: § 37-15-2.

13-6-303. Place of holding court. In each county, the county court shall sit at the county

seat, and the county court by rule or order also may provide for hearing and trials to be held in

locations other than the county seat. In particular, if the corporate limits of a municipality extend

into two counties, the county court of either county, for the hearing of matters for which venue is

properly laid before them or the requirements thereof are waived, may sit at any place within

such municipality without regard to the location of the county line. Where the county court sits

regularly at locations other than the county seat, proper venue within the county shall be fixed by

court rule.

Source: L. 64: p. 419, § 29. C.R.S. 1963: § 37-15-3.

13-6-304. Court facilities. The county commissioners shall provide court facilities at the

county seat and are authorized to do so elsewhere. Such facilities may be provided by

arrangement with municipal authorities, by rental, or by other appropriate means.

Source: L. 64: p. 419, § 30. C.R.S. 1963: § 37-15-4.

13-6-305. Maintenance of records. (1) Permanent records of the county court shall be

maintained at the office of the clerk of the court at the county seat.

(2) (a) If the county court sits regularly at a location other than the county seat, and the

court so provides by rule, cases may be docketed at such locations, and thereafter all pleadings,

writs, judgments, and other documents in the case shall be filed at such other location.

(b) Repealed.

criminal cases with sufficient information to identify the defendant and the offense charged shall

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be forwarded forthwith to the clerk of the court at the county seat. After termination of the case,

all records on file and a transcript of the judgment shall be forwarded to the county seat.

Source: L. 64: p. 419, § 31. C.R.S. 1963: § 37-15-5. L. 79: (2)(b) repealed, p. 602, § 30,

effective July 1.

13-6-306. Seal. The county court of each county shall have an appropriate seal.

Source: L. 64: p. 420, § 32. C.R.S. 1963: § 37-15-6.

13-6-307. Process. (1) Each county court shall have the power to issue process

necessary to acquire jurisdiction, to require attendance, and to enforce all orders, decrees, and

judgments. Such process runs to any county within the state and, when authorized by the

Colorado rules of civil procedure, may be served outside the state. Any sheriff to whom process

is directed is authorized and required to execute the same, and he is entitled to the same fees as

are allowed for serving like process from the district courts. Persons other than the sheriff or his

deputies may also serve process from the county court when permitted by the Colorado rules of

civil procedure or by law.

(2) Upon request of the court, the prosecuting county, or the defendant, the clerk of the

county 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 the violation of a county ordinance. Whenever a person who is issued a

subpoena pursuant to this subsection (2) fails, without good cause, to appear, the court may issue

an order for the person to show cause to the court as to why the person should not be held in

contempt. Following a show cause hearing, the court may make findings of fact and conclusions

of law and may enter an appropriate order, which may include finding the person in contempt.

Source: L. 64: p. 420, § 33. C.R.S. 1963: § 37-15-7. L. 94: Entire section amended, p.

908, § 1, effective April 28.

Cross references: For persons authorized to serve process, see C.R.C.P. 4(d); for

personal and other service of process outside the state, see C.R.C.P. 4(e) and (g).

13-6-308. Juries. (1) When required, juries shall be selected and summoned as provided

for courts of record in articles 71 to 74 of this title, with such exceptions as are provided in this

section. With the consent of the district court and the jury commissioners, the county court may,

if feasible, use the same panel of jurors summoned for the district court. Jurors selected and

summoned for the county court may also be used in municipal court in counties of Class A, as

defined in section 13-6-201.

(2) If a county court sits regularly in a location other than the county seat and if jury

trials are held at that location as well as at the county seat, the jury commissioner may establish

jury districts within the county for the selection of county court jurors. The county shall be

divided into as many such districts as there are locations in which the county court regularly

holds jury trials, and each district shall include one such location as well as appropriate

contiguous territory. In counties so divided, the jury commissioner shall select separate lists of

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persons from each jury district to serve as county court jurors within their respective districts.

Such lists shall contain not less than one hundred names. When jurors are to be summoned for

county court service within such districts, names shall be drawn from the list by the jury

commissioner. In all other respects, the provisions of articles 71 to 74 of this title shall be

followed in selecting, drawing, and summoning jurors in counties divided into county court jury

districts.

Source: L. 64: p. 420, § 34. C.R.S. 1963: § 37-15-8. L. 71: p. 875, § 2. L. 81: (2)

amended, p. 881, § 1, effective April 24. L. 2001: Entire section amended, p. 1269, § 15,

effective June 5.

13-6-309. Verbatim record of proceedings. A verbatim record of the proceedings and

evidence at trials in the county court shall be maintained by electronic devices or by

stenographic means, as the judge of the court may direct, except when such record may be

unnecessary in certain proceedings pursuant to specific provisions of law.

Source: L. 64: p. 421, § 35. C.R.S. 1963: § 37-15-9. L. 79: Entire section amended, p.

600, § 19, effective July 1.

13-6-309.5. Traffic violations bureau - schedule of traffic offenses and fines or

penalties - method of payment - effect of payment. (Repealed)

Source: L. 77: Entire section added, p. 787, § 1, effective January 10, 1978. L. 91:

Entire section repealed, p. 1404, § 2, effective July 1.

13-6-310. Appeals from county court. (1) Appeals from final judgments and decrees of

the county courts shall be taken to the district court for the judicial district in which the county

court entering such judgment is located. Appeals shall be based upon the record made in the

county court.

(2) The district court shall review the case on the record on appeal and affirm, reverse,

remand, or modify the judgment; except that the district court, in its discretion, may remand the

case for a new trial with such instructions as it may deem necessary, or it may direct that the case

be tried de novo before the district court.

(3) Repealed.

(4) Further appeal to the supreme court from a determination of the district court in a

matter appealed to such court from the county court may be made only upon writ of certiorari

issued in the discretion of the supreme court and pursuant to such rules as that court may

promulgate.

Source: L. 64: p. 421, § 36. C.R.S. 1963: § 37-15-10. L. 85: (3) repealed and (4)

amended, pp. 572, 570, §§ 12, 5, effective November 14, 1986.

Cross references: For review on certiorari from a county court as authorized by this

section, see C.A.R. 49.

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13-6-311. Appeals from county court - simplified procedure. (1) (a) If either party in

a civil action believes that the judgment of the county court is in error, he or she may appeal to

the district court by filing notice of appeal in the county court within fourteen days after the date

of entry of judgment and by filing within the said fourteen days an appeal bond with the clerk of

the county court. The bond shall be furnished by a corporate surety authorized and licensed to do

business in this state as surety, or one or more sufficient private sureties, or may be a cash

deposit by the appellant and, if the appeal is taken by the plaintiff, shall be conditioned to pay

the costs of the appeal and the counterclaim, if any, and, if the appeal is taken by the defendant,

shall be conditioned to pay the costs and judgment if the appealing party fails. The bond shall be

approved by the judge or the clerk.

(b) Upon filing of the notice of appeal, the posting and approval of the bond, and the

deposit by the appellant of an estimated fee in advance for preparing the record, the county court

shall discontinue all further proceedings and recall any execution issued. The appellant shall then

docket his or her appeal in the district court. A motion for new trial is not required as a condition

of appeal. If a motion for new trial is made within fourteen days, the time for appeal shall be

extended until fourteen days after disposition of the motion, but only matters raised on the

motion for new trial shall be considered on an appeal thereafter.

(2) (a) Upon the deposit of the estimated record fee, the clerk of the court shall prepare

and issue as soon as possible a record of the proceedings in the county court, including the

summons, the complaint, proof of service, and the judgment. The record shall also include a

transcription of such part of the actual evidence and other proceedings as the parties may

designate or, in lieu of transcription, to which they may stipulate. If a stenographic record has

been maintained or the parties agree to stipulate, the party appealing shall lodge with the clerk of

the court the reporter's transcript of the designated evidence or proceedings or a stipulation

covering such items within forty-two days after the filing of the notice of appeal. If the

proceedings have been recorded electronically, the transcription of designated evidence and

proceedings shall be prepared in the office of the clerk of the county court, either by him or her

or under his or her supervision, within forty-two days after the filing of the notice of appeal.

(b) The clerk shall notify, in writing, the opposing parties of the completion of the

record, and the parties have fourteen days within which to file objections. If none are received,

the record shall be certified forthwith by the clerk. If objections are made, the parties shall be

called for hearing and the objections settled by the county judge as soon as possible and the

record then certified.

(3) When the record has been duly certified and any additional fees therefor paid, it shall

be filed with the clerk of the district court by the clerk of the county court, and the opposing

parties shall be notified of such filing by the clerk of the county court.

(4) A written brief setting out matters relied upon as constituting error and outlining any

arguments to be made shall be filed in the district court by the appellant within twenty-one days

after filing of the record therein. A copy of the brief shall be served on the appellee. The appellee

may file an answering brief within twenty-one days after such service. In the discretion of the

district court, time for filing of briefs and answers may be extended.

(5) Unless there is further review by the supreme court upon writ of certiorari and

pursuant to the rules of that court, after final disposition of the appeal by the district court, the

judgment on appeal therein shall be certified to the county court for action as directed by the

district court, except upon trials de novo held in the district court or in cases in which the

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judgment is modified, in which cases the judgment shall be that of the district court and enforced

therefrom.

(6) Repealed.

Source: L. 64: p. 428, § 54. C.R.S. 1963: § 37-16-18. L. 80: (1) and (2)(b) amended, p.

511, § 1, effective April 6. L. 85: (6) repealed, p. 572, § 12, effective November 14, 1986. L.

2012: (1), (2), and (4) amended, (SB 12-175), ch. 208, p. 822, § 3, effective July 1. L. 2013: (1)

and (2)(b) amended, (HB 13-1126), ch. 58, p. 192, § 3, effective July 1; (2) amended, (HB

13-1086), ch. 32, p. 77, § 1, effective July 1.

Editor's note: Amendments to subsection (2)(b) by House Bill 13-1086 and House Bill

13-1126 were harmonized.

PART 4

COUNTY COURT - SMALL CLAIMS DIVISION

Law reviews: For article, "Changes to the Statutes and Rules Governing Procedures in

Colorado Small Claims Courts", see 31 Colo. Law. 29 (Feb. 2002).

13-6-401. Legislative declaration. The general assembly hereby finds and declares that

individuals, partnerships, corporations, and associations frequently do not pursue meritorious

small civil claims because of the disproportion between the expense and time of counsel and

litigation and the amount of money or property involved; that the law and procedures of civil

litigation are technical and frequently unknown to persons who are representing themselves; that

procedures for the inexpensive, speedy, and informal resolution of small claims in a forum

where the rules of substantive law apply, but the rules of procedure and pleading and the

technical rules of evidence do not apply, are desirable; that such procedures should be conducted

at times convenient to the persons using them, including evening and Saturday sessions; that the

personnel implementing and conducting such procedures should be trained and equipped to

assist anyone with a small claim in a friendly, efficient, and courteous manner; and that,

therefore, the establishment of a small claims division of the county court as provided in this part

4 is in the public interest.

Source: L. 76: Entire part added, p. 517, § 1, effective October 1. L. 77: Entire section

amended, p. 789, § 1, effective June 19. L. 2001: Entire section amended, p. 1512, § 1, effective

September 1.

13-6-402. Establishment of small claims division. There is hereby established in each

county court a division designated as the small claims court.

Source: L. 76: Entire part added, p. 517, § 1, effective October 1.

13-6-403. Jurisdiction of small claims court - limitations. (1) (a) The small claims

court has concurrent original jurisdiction with the county and district courts in all civil actions in

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which the debt, damage, or value of the personal property claimed by either the plaintiff or the

defendant, exclusive of interest and costs, does not exceed seven thousand five hundred dollars,

including such civil penalties as may be provided by law. By way of further example, and not

limitation, the small claims court has jurisdiction to hear and determine actions in tort and assess

damages in tort actions not to exceed seven thousand five hundred dollars.

(b) The small claims court division also has concurrent original jurisdiction with the

county and district courts in actions where a party seeks:

(I) To enforce rights and responsibilities arising under the declaration, bylaws,

covenants, or other governing documents of a unit owners' association, as defined in section

38-33.3-103 (3), in relation to disputes arising from assessments, fines, or fees owed to the unit

owners' association and for which the amount at issue does not exceed seven thousand five

hundred dollars, exclusive of interest and costs.

(II) To enforce a restrictive covenant on residential property and the amount required to

comply with the covenant does not exceed seven thousand five hundred dollars, exclusive of

interest and costs;

(III) Replevin if the value of the property sought does not exceed seven thousand five

hundred dollars; and

(IV) To enforce a contract by specific performance or to disaffirm, avoid, or rescind a

contract and the amount at issue does not exceed seven thousand five hundred dollars.

(2) The small claims court has only that jurisdiction specifically conferred upon it by

law, as provided in subsection (1) of this section. In particular, it does not have jurisdiction over

the following matters:

(a) Those matters excluded from county court jurisdiction under section 13-6-105 (1);

(b) Actions involving claims of defamation by libel or slander;

(d) and (e) (Deleted by amendment, L. 2001, p. 1512, § 2, effective September 1, 2001.)

(f) Actions brought or defended on behalf of a class;

(g) Actions requesting or involving prejudgment remedies;

(h) Actions involving injunctive relief, except as required to:

(I) Enforce rights or responsibilities arising under the declaration, bylaws, covenants, or

other governing documents of a unit owners' association, as defined in section 38-33.3-103 (3),

and including actions seeking declaratory relief;

(II) Enforce restrictive covenants on residential property;

(III) Enforce the provisions of section 6-1-702.5;

(IV) Accomplish replevin; and

(V) Enter judgments in actions where a party seeks to enforce a contract by specific

performance or to disaffirm, avoid, or rescind a contract;

(i) Traffic violations and other criminal matters; or

(j) Awards of body executions.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 81: (1) amended, p.

879, § 2, effective July 1. L. 87: (1) amended, p. 544, § 1, effective July 1. L. 88: (1), (2)(e), and

(2)(h) amended, p. 601, § 2, effective July 1. L. 90: (1) amended, p. 849, § 4, effective May 31;

(1) amended, p. 855, § 4, effective July 1. L. 95: (1) amended, p. 728, § 1, effective January 1,

1996. L. 2000: (2)(h) amended, p. 2034, § 3, effective August 2. L. 2001: Entire section

Colorado Revised Statutes 2023 Uncertified PrintoutPage 141 of 671

amended, p. 1512, § 2, effective September 1. L. 2008: (2)(h)(II) amended, p. 596, § 5, effective

August 5. L. 2022: (1), IP(2), and (2)(h) amended, (HB 22-1137), ch. 367, p. 2618, § 6, effective

August 10.

Cross references: For the legislative declaration contained in the 1990 act amending

subsection (1), see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-404. Clerk of the small claims court. The clerk of the county court or a deputy

designated by said clerk shall act as the clerk of the small claims court. The clerk of the small

claims court shall provide such assistance as may be requested by any person regarding the

jurisdiction, operations, and procedures of the small claims court; however, the clerk shall not

engage in the practice of law. All necessary forms shall be available from the clerk.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1.

13-6-405. Magistrate in small claims court. (1) In the following circumstances, a

magistrate may hear and decide claims in a small claims court:

(a) In Class A counties, as defined in section 13-6-201, magistrates for small claims may

be appointed by the presiding judge.

(b) In Class B counties, as defined in section 13-6-201, magistrates for small claims may

be appointed, pursuant to section 13-3-105, if approved by the chief justice.

(2) A magistrate shall be a qualified attorney-at-law admitted to practice in the state of

Colorado or a nonattorney if the nonattorney is serving as a county judge pursuant to section

13-6-203.

(3) While acting as a magistrate for small claims, a magistrate shall have the same

powers as a judge.

(3.5) A magistrate shall have the power to solemnize marriages pursuant to the

procedures in section 14-2-109, C.R.S.

(4) If any party files a timely written objection, pursuant to rule of the supreme court,

with the magistrate conducting the hearing, that party's case shall be rereferred to a judge.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 84: (2) amended, p.

459, § 1, effective April 5. L. 89: (3.5) added, p. 782, § 4, effective April 4. L. 91: Entire section

amended, p. 356, § 10, effective April 9. L. 2001: (2) and (4) amended, p. 1513, § 3, effective

September 1.

Cross references: For magistrates in county courts, see part 5 of this article; for

magistrates in district courts, see § 13-5-201.

13-6-406. Schedule of hearings. The small claims court shall conduct hearings at such

times as the judge or magistrate may determine or as the supreme court may order.

Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 91: Entire section

amended, p. 356, § 11, effective April 9.

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13-6-407. Parties - representation. (1) Any natural person, corporation, partnership,

association, or other organization may commence or defend an action in the small claims court,

but no assignee or other person not a real party to the transaction which is the subject of the

action may commence an action therein, except as a court-appointed personal representative,

conservator, or guardian of the real party in interest.

(2) (a) (I) Notwithstanding the provisions of article 93 of this title 13, in the small claims

court, an individual shall represent himself or herself; a partnership shall be represented by an

active general partner or an authorized full-time employee; a union shall be represented by an

authorized active union member or full-time employee; a for-profit corporation shall be

represented by one of its full-time officers or full-time employees; an association shall be

represented by one of its active members or by a full-time employee of the association; and any

other kind of organization or entity shall be represented by one of its active members or full-time

employees or, in the case of a nonprofit corporation, a duly elected nonattorney officer or an

employee.

(II) It is the intent of this section that no attorney, except pro se or as an authorized

full-time employee or active general partner of a partnership, an authorized active member or

full-time employee of a union, a full-time officer or full-time employee of a for-profit

corporation, or a full-time employee or active member of an association, which partnership,

union, corporation, or association is a party, shall appear or take any part in the filing or

prosecution or defense of any matter in the small claims court, except as permitted by supreme

court rule.

(b) In actions arising under part 1 of article 12 of title 38, C.R.S., including, but not

limited to, actions involving claims for the recovery of a security deposit or for damage to

property arising from a landlord-tenant relationship, a property manager who has received

security deposits, rents, or both, or who has signed a lease agreement on behalf of the owner of

the real property that is the subject of the small claims action, shall be permitted to represent the

owner of the property in such action.

(3) In any action to which the federal "Soldiers' and Sailors' Civil Relief Act of 1940", as

amended, 50 App. U.S.C. sec. 521, is applicable, the court may enter a default against a

defendant who is in the military without entering judgment, and the court shall appoint an

attorney to represent the interests of the defendant prior to the entry of judgment against the

defendant.

(4) If an attorney appears, as permitted in subsection (2) or (3) of this section, the other

party or parties in the case may be represented by counsel, if such party or parties so choose.

(5) Nothing contained in this section is intended to limit or otherwise interfere with a

party's right to assign, or to employ counsel to pursue that party's rights and remedies subsequent

to the entry of judgment by a small claims court.

(6) Any small claims court action in which an attorney appears shall be processed and

tried pursuant to the statutes and court rules governing small claims court actions.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 88: (2) amended,

pp. 602, 1438, §§ 3, 43, effective July 1. L. 2001: Entire section amended, p. 1514, § 4, effective

September 1. L. 2007: (3) amended, p. 2024, § 23, effective June 1. L. 2017: (2)(a)(I) amended,

(SB 17-227), ch. 192, p. 704, § 5, effective August 9.

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Cross references: For representation of closely held corporations before courts or

administrative agencies, see § 13-1-127.

13-6-408. Counterclaims exceeding jurisdiction of small claims court - procedures -

sanctions for improper assertion. Counterclaims exceeding the jurisdiction of the small claims

court shall be removed to the county or district court of appropriate jurisdiction pursuant to rule

of the supreme court. If a county or district court determines that a plaintiff who originally filed

a claim in the small claims court is entitled to judgment and also that a counterclaim against the

same plaintiff in the small claims action was filed solely to defeat the jurisdiction of the small

claims court and was without merit, the county or district court may also award the plaintiff

costs, including reasonable attorney fees, incurred in prosecuting the action in the county or

district court.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 87: Entire section

amended, p. 1576, § 14, effective July 10. L. 2001: Entire section amended, p. 1515, § 5,

effective September 1.

13-6-409. Trial procedure. The judge or magistrate shall conduct the trial in such

manner as to do justice between the parties and shall not be bound by formal rules or statutes of

procedure or pleading or the technical rules of evidence, except for rules promulgated by the

supreme court controlling the conduct of proceedings in the small claims court.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 77: Entire section

amended, p. 789, § 2, effective June 19. L. 91: Entire section amended, p. 356, § 12, effective

April 9.

13-6-410. Appeal of a claim. A record shall be made of all small claims court

proceedings, and either the plaintiff or the defendant may appeal pursuant to county court rules.

Upon appeal, all provisions of law and rules concerning appeals from the county court shall

apply, including right to counsel. A tape recording of the trial proceedings shall satisfy any

requirements of a transcript for appeal, upon the payment of a nominal fee by the appellant.

Source: L. 76: Entire part added, p. 519, § 1, effective October 1. L. 93: Entire section

amended, p. 1775, § 32, effective June 6. L. 2001: Entire section amended, p. 1515, § 6,

effective September 1.

13-6-411. Limitation on number of claims filed. (1) No plaintiff may file more than

two claims per month, eighteen claims per year, in the small claims court of any county. Each

claim filed in any small claims court shall contain a certification by the plaintiff that the plaintiff

has not filed any more than two claims during that month and eighteen claims in that year in the

small claims court of that county.

(2) The limitation imposed by subsection (1) of this section shall not apply to a

state-supported institution of higher education which files claims to recover loans or other

outstanding obligations due to such institution; except that no such state-supported institution of

Colorado Revised Statutes 2023 Uncertified PrintoutPage 144 of 671

higher education shall file more than a total of thirty such claims per month in all small claims

courts in Colorado.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 81: Entire section

amended, p. 880, § 3, effective July 1. L. 83: Entire section amended, p. 792, § 1, effective June

3. L. 87: (1) amended, p. 544, § 2, effective July 1. L. 92: Entire section amended, p. 289, § 1,

effective July 1. L. 2001: (1) amended, p. 1515, § 7, effective September 1.

13-6-411.5. Place of trial. (1) Except as provided in subsection (2) of this section, all

actions in the small claims court shall be brought in the county in which any defendant at the

time of filing of the claim resides, is regularly employed, is a student at an institution of higher

education, or has an office for the transaction of business.

(2) Actions to enforce restrictive covenants and actions arising under part 1 of article 12

of title 38, C.R.S., including, but not limited to, actions involving claims for the recovery of a

security deposit or for damage to property arising from a landlord-tenant relationship, may be

brought in the county in which the defendant's property that is the subject of the action is

situated.

(3) If a defendant appears and defends a small claims action on the merits at trial, such

defendant shall be deemed to have waived any objection to the place of trial permitted under this

section.

Source: L. 90: Entire section added, p. 850, § 5, effective May 31. L. 2001: Entire

section amended, p. 1515, § 8, effective September 1.

Cross references: For the legislative declaration contained in the 1990 act enacting this

section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-412. Notice to public. The clerk of the small claims court shall publicize in an

appropriate manner the existence of the small claims court, its procedures, and its hours of

operation. Such publication shall be made so as to bring the court's existence to the attention of

the entire community. The state court administrator shall publish a small claims court handbook

outlining the procedures of the court in layman's language.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

13-6-413. Supreme court shall promulgate rules. The supreme court shall implement

this part 4 by appropriate rules of procedure for the small claims court.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

13-6-414. No jury trial. There shall be no right to a trial by jury in the small claims

court.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1.

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13-6-415. Service of process. Every defendant shall be notified that an action has been

filed against that defendant in the small claims court either by certified mail, return receipt

requested, or by personal service of process, as provided by the rules of procedure for the small

claims court. The clerk of the small claims court shall collect, in advance, the fee provided for in

section 13-32-104 (1)(i) for each service of process attempted by certified mail.

Source: L. 76: Entire part added, p. 520, § 1, effective October 1. L. 90: Entire section

amended, p. 850, § 7, effective May 31. L. 2001: Entire section amended, p. 1516, § 9, effective

September 1.

Cross references: For the legislative declaration contained in the 1990 act amending this

section, see section 1 of chapter 100, Session Laws of Colorado 1990.

13-6-416. Facilities. No county shall be required to furnish new facilities pursuant to this

part 4.

Source: L. 76: Entire part added, p. 520, § 3, effective October 1.

13-6-417. Execution and proceedings subsequent to judgment. Execution and

proceedings subsequent to judgment entered in the small claims division may be processed in the

small claims division and shall be the same as in a civil action in the county court as provided by

law.

Source: L. 90: Entire section added, p. 850, § 5, effective May 31.

Cross references: For the legislative declaration contained in the 1990 act enacting this

section, see section 1 of chapter 100, Session Laws of Colorado 1990.

PART 5

MAGISTRATE ADJUDICATION SYSTEM

Cross references: For magistrates in the small claims division of county courts, see §

13-6-405; for magistrates in district courts, see § 13-5-201.

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.

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(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.

Source: L. 77: Entire part added, p. 791, § 1, effective January 1, 1978. L. 82: (3),

(4)(a), (5), and (6) amended and (8) to (11) added, p. 653, § 1, effective January 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 January 1, 1995. L. 95: (4.7)

added, p. 480, § 3, effective July 1. L. 2022: IP(4), (5), (6), (8) and (9) amended and (4)(a.5)

added, (HB 22-1229), ch. 68, p. 339, § 4, effective March 1.

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Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act amending subsections IP(4), (5), (6), (8), and (9) and adding subsection

(4)(a.5) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

13-6-502. Jury trials. Notwithstanding section 16-10-109 or any other provision of law,

the right to a jury trial is not available at a hearing before a magistrate when the cited person is

charged with a class A or a class B traffic infraction or civil infraction.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 93: Entire

section amended, p. 1775, § 33, effective June 6. L. 2022: Entire section amended, (HB

22-1229), ch. 68, p. 340, § 5, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act amending this section is effective March 1, 2022, but the governor did not

approve the act until April 7, 2022.

13-6-503. Evidence offered by officer. At any hearing on a class A or class B traffic

infraction or civil infraction, the officer who issued the citation or penalty assessment notice

shall offer evidence of the facts concerning the alleged infraction either in person or by affidavit,

as such affidavit may be established by rules adopted by the supreme court pursuant to section

13-6-501 (9). If the officer appears personally, the magistrate and the cited person may then

examine the officer. The cited party has the right to call the officer by subpoena as in the case of

other civil matters.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: Entire

section amended, p. 358, § 14, effective April 9. L. 2022: Entire section amended, (HB

22-1229), ch. 68, p. 340, § 6, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022,

provides that the act amending this section is effective March 1, 2022, but the governor did not

approve the act until April 7, 2022.

13-6-504. Appeals procedure. (1) Any appeal, either by the state or the cited person,

from a judgment entered pursuant to this part 5 shall be processed as an appeal from the county

court.

(2) The district attorney or deputy district attorney shall represent the state on the appeal.

(3) The state may appeal only a ruling by a magistrate that declares a state statute

unconstitutional or unenforceable. Whether or not to appeal shall be in the discretion of the

district attorney.

Source: L. 82: Entire section added, p. 654, § 2, effective January 1, 1983. L. 91: (3)

amended, p. 358, § 15, effective April 9.

ARTICLE 7

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Superior Courts

13-7-101 to 13-7-112. (Repealed)

Source: L. 85: Entire article repealed, p. 572, § 12, effective November 14, 1986.

Editor's note: This article was numbered as article 10 of chapter 37, C.R.S. 1963. For

amendments to this article prior to its repeal in 1986, consult the Colorado statutory research

explanatory note and the table itemizing the replacement volumes and supplements to the

original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

ARTICLE 8

Juvenile Court of Denver

13-8-101. Establishment. Pursuant to the provisions of section 1 of article VI of the

Colorado constitution, there is hereby established the juvenile court of the city and county of

Denver.

Source: L. 64: p. 437, § 1. C.R.S. 1963: § 37-19-1.

13-8-102. Court of record - powers. The juvenile court shall be a court of record with

such powers as are inherent in constitutionally created courts and with such legal and equitable

powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are

possessed by the district courts.

Source: L. 64: p. 437, § 2. C.R.S. 1963: § 37-19-2.

13-8-103. Jurisdiction. The jurisdiction of the juvenile court of the city and county of

Denver is as set forth in sections 19-1-104, 19-2.5-103, and 19-4-109 for juvenile courts, as

defined in section 19-1-103.

Source: L. 64: p. 437, § 3. C.R.S. 1963: § 37-19-3. L. 67: p. 1051, § 7. L. 78: (1)(h)

amended, p. 262, § 44, effective May 23; (1)(b) amended, p. 367, § 13, effective July 1, 1979. L.

84: (2) amended, p. 560, § 8, effective April 5. L. 85: (1)(d)(I) amended, p. 688, § 7, effective

March 1; entire section R&RE, p. 690, § 1, effective July 1. L. 87: Entire section amended, p.

813, § 6, effective October 1. L. 96: Entire section amended, p. 1688, § 14, effective January 1,

1997. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 709, § 8, effective October 1.

13-8-104. Number of judges. There shall be three judges of the juvenile court of the city

and county of Denver.

Source: L. 64: p. 438, § 4. C.R.S. 1963: § 37-19-4. L. 73: p. 496, § 1.

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13-8-105. Qualifications of judges. A judge of the juvenile court shall be a qualified

elector of the city and county of Denver at the time of his election or selection and shall have

been licensed to practice law in the state of Colorado for five years at such time. He shall be a

resident of the city and county of Denver during his term of office.

Source: L. 64: p. 438, § 5. C.R.S. 1963: § 37-19-5.

13-8-106. Activities of judge. A judge of the juvenile court shall devote his full time to

judicial duties and shall not engage in the private practice of law while serving in office.

Source: L. 64: p. 438, § 6. C.R.S. 1963: § 37-19-6.

13-8-107. Term of office. The term of office of a judge of the juvenile court of the city

and county of Denver shall be six years.

Source: L. 64: p. 439, § 8. C.R.S. 1963: § 37-19-8. L. 67: p.459, § 16. L. 73: p. 496, §

13-8-108. Vacancies. If the office of juvenile court judge becomes vacant because of

death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state

constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20

of article VI of the state constitution.

Source: L. 64: p. 439, § 9. C.R.S. 1963: § 37-19-9. L. 67: p. 459, § 17.

13-8-109. Magistrates. The judges of the juvenile court of the city and county of Denver

may appoint magistrates, as provided in section 19-1-108, C.R.S.

Source: L. 64: p. 440, § 11. C.R.S. 1963: § 37-19-11. L. 67: p. 1052, § 8. L. 79: Entire

section amended, p. 764, § 14, effective July 1. L. 87: Entire section amended, p. 813, § 7,

effective October 1. L. 95: Entire section amended, p. 1109, § 60, effective May 31.

13-8-110. Clerk. (1) The judges of the juvenile court shall appoint a clerk of the juvenile

court pursuant to the provisions of section 13-3-105.

(2) Repealed.

(3) The powers and duties of the clerk of the juvenile court shall be similar to the powers

and duties of the clerk of the district court. The duties of the clerk of the juvenile court shall also

include such matters as may be assigned to him by law, by court rules, and by the juvenile

judges.

Source: L. 64: p. 440, § 12. C.R.S. 1963: § 37-19-12. L. 69: p. 252, § 20. L. 79: (2)

amended, p. 602, § 30, effective July 1; (2) repealed, p. 602, § 30, effective July 1.

13-8-111. Other employees. The judges of the juvenile court shall also appoint, pursuant

to the provisions of section 13-3-105, probation officers and such other employees as may be

Colorado Revised Statutes 2023 Uncertified PrintoutPage 150 of 671

necessary to carry out the functions and duties of the juvenile court, including the clerk's office

thereof.

Source: L. 64: p. 441, § 13. C.R.S. 1963: § 37-19-13. L. 69: p. 252, § 21. L. 79: Entire

section amended, p. 600, § 20, effective July 1.

13-8-112. Judges may sit en banc - presiding judge. The judges of the juvenile court

may sit en banc for the purpose of making rules of court, the appointment of a clerk and other

employees pursuant to section 13-3-105, and the conduct of other business relating to the

administration of the court, including the selection of a presiding judge, as authorized by and

subject to the approval of the chief justice of the supreme court.

Source: L. 64: p. 441, § 14. C.R.S. 1963: § 37-19-14. L. 67: p. 460, § 19. L. 69: p. 253,

§ 22.

13-8-113. Judges to sit separately. In the juvenile court, each of the judges shall sit

separately for the trial of cases and the transaction of judicial business, and each of the courts so

held shall be known as the juvenile court. Each judge shall have all of the powers which he

might have if he were the sole judge of the court, including the power to vacate his own

judgments, decrees, or orders, or those of a predecessor when permitted by law, but not juvenile

court orders of another judge of the juvenile court who is still in office.

Source: L. 64: p. 441, § 15. C.R.S. 1963: § 37-19-15.

13-8-114. Practice and procedure. Practice and procedure in the juvenile court shall be

conducted in accordance with the provisions of this article and title 19, C.R.S.

Source: L. 64: p. 441, § 16. C.R.S. 1963: § 37-19-16. L. 67: p. 1052, § 9.

13-8-115. Rules of court. The juvenile court has the power to make rules for the conduct

of its business to the extent that such rules are not in conflict with the rules of the supreme court

or the laws of the state but are supplementary thereto. Juvenile court rules are subject to review

by the supreme court.

Source: L. 64: p. 442, § 17. C.R.S. 1963: § 37-19-17.

13-8-116. Terms. Terms of the juvenile court shall be fixed by rule of court; but at least

one term shall be held each year.

Source: L. 64: p. 442, § 18. C.R.S. 1963: § 37-19-18.

13-8-117. Seal. The juvenile court shall have a seal, bearing upon the face thereof the

words "The Juvenile Court of the City and County of Denver, Colorado".

Source: L. 64: p. 442, § 19. C.R.S. 1963: § 37-19-19.

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13-8-118. Process. The juvenile court has the power to issue process necessary to acquire

jurisdiction, to require attendance, and to enforce all orders, decrees, and judgments. Such

process runs to any county within the state and, when authorized by law in special proceedings

or, in the absence thereof, by the Colorado rules of civil procedure in civil cases, or the Colorado

rules of criminal procedure in criminal cases, may be served outside of the state. Any sheriff to

whom process is directed is authorized and required to execute the same and shall be entitled to

the same fees as are allowed by law for serving like process from the district court. Persons other

than the sheriff or his deputies also may serve process from the juvenile court when permitted by

law in special proceedings or, in the absence thereof, by the Colorado rules of civil procedure in

civil cases or the Colorado rules of criminal procedure in criminal cases.

Source: L. 64: p. 442, § 20. C.R.S. 1963: § 37-19-20.

13-8-119. Venue. Venue in the juvenile court is described in sections 19-2.5-104,

19-3-201, 19-4-109, 19-5-102, 19-5-204, and 19-6-102.

Source: L. 64: p. 442, § 21. C.R.S. 1963: § 37-19-21. L. 67: p. 1053, § 10. L. 87: Entire

section amended, p. 813, § 8, effective October 1. L. 96: Entire section amended, p. 1688, § 15,

effective January 1, 1997. L. 2021: Entire section amended, (SB 21-059), ch. 136, p. 709, § 9,

effective October 1.

13-8-120. Sheriff to attend. It is the duty of the sheriff of the city and county of Denver

to attend in the juvenile court.

Source: L. 64: p. 442, § 22. C.R.S. 1963: § 37-19-22.

13-8-121. Appearance by district attorney and city attorney. Upon the request of the

court, the district attorney shall represent the state in the interest of the child in any proceedings

brought under section 19-1-104 (1)(a), C.R.S., and the city attorney shall represent the state in

the interest of the child in any other proceedings.

Source: L. 64: p. 442, § 23. C.R.S. 1963: § 37-19-23. L. 67: p. 1053, § 11.

13-8-122. Juries. When required, juries may be selected and summoned as provided for

courts of record in articles 71 to 74 of this title. With the permission of the district court, the

juvenile court may use the panel of jurors summoned for the district court of the second judicial

district.

Source: L. 64: p. 442, § 24. C.R.S. 1963: § 37-19-24. L. 2001: Entire section amended,

p. 1270, § 16, effective June 5.

13-8-123. Judgments. The judgments of the juvenile court shall be enforceable in the

same manner as judgments of the district court and, when appropriate, may be made liens upon

real estate or other property in the manner provided by law for judgments of the district court.

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Source: L. 64: p. 443, § 25. C.R.S. 1963: § 37-19-25.

Cross references: For procedures for attachment and duration of a judgment lien, see §

13-52-102.

13-8-124. Appellate review. Appellate review of any order, decree, or judgment may be

taken to the supreme court or the court of appeals, as provided by law and the Colorado appellate

rules. Initials shall appear on the record on appeal in place of the name of the child. Appeals

from orders or decrees concerning legal custody, the allocation of parental responsibilities,

termination of parent-child legal relationships, and adoptions shall be advanced upon the

calendar of the supreme court or of the court of appeals and shall be decided at the earliest

practicable time.

Source: L. 64: p. 443, § 26. C.R.S. 1963: § 37-19-26. L. 67: p.1053, § 12. L. 69: p. 270,

§ 9. L. 77: Entire section amended, p. 1029, § 2, effective July 1. L. 87: Entire section amended,

p. 813, § 9, effective October 1. L. 98: Entire section amended, p. 1392, § 25, effective February

1, 1999.

13-8-125. Fees. The fees charged by the juvenile court and the clerk thereof shall be

those provided in article 32 of this title.

Source: L. 64: p. 443, § 27. C.R.S. 1963: § 37-19-27.

13-8-126. Supervision by supreme court. The supervisory powers of the supreme court

established by article 3 of this title shall extend to the juvenile court.

Source: L. 64: p. 444, § 30. C.R.S. 1963: § 37-19-30.

ARTICLE 9

Probate Court of Denver

Cross references: For the Colorado rules of probate procedure, see chapter 27 of the

Colorado court rules.

13-9-101. Establishment. Pursuant to the provisions of section 1 of article VI of the

Colorado constitution, there is hereby established the probate court of the city and county of

Denver.

Source: L. 64: p. 445, § 1. C.R.S. 1963: § 37-20-1.

13-9-102. Court of record - powers. The probate court shall be a court of record with

such powers as are inherent in constitutionally created courts and with such legal and equitable

powers to effectuate its jurisdiction and carry out its orders, judgments, and decrees as are

possessed by the district courts.

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Source: L. 64: p. 445, § 2. C.R.S. 1963: § 37-20-2.

13-9-103. Jurisdiction. (1) The probate court of the city and county of Denver has

original and exclusive jurisdiction in said city and county of:

(a) The administration, settlement, and distribution of estates of decedents, wards, and

absentees;

(b) Property vested in any person under a legal disability but paid to or held by another

for such person's use or benefit as authorized by court order or as authorized by a power

contained in a will or trust instrument;

Act", or any predecessor act thereto, or any act having a substantially similar legal effect;

(d) The probate of wills;

(e) The granting of letters testamentary, of administration, of guardianship, and of

conservatorship;

(f) The administration of guardianships of minors and of persons declared mentally

incompetent and of conservatorships of persons with mental health disorders or persons with an

intellectual and developmental disability and of absentees;

(g) Proceedings under article 23 of title 17 and articles 10 to 15 of title 27, C.R.S.;

(h) The determination of heirship in probate proceedings and the devolution of title to

property in probate proceedings;

(i) Actions on the official bonds of fiduciaries appointed by it;

(j) The construction of wills;

(k) The administration of testamentary trusts, except as provided in subsection (2) of this

section; and

(l) All other probate matters.

(2) If a testamentary trust is established by the will of the decedent and if it appears that

it was not the intention of the testator that the court should continue the administration of the

estate after the payment in full of all debts and legacies except the trust property, the court shall

proceed to final settlement of such estate as in other cases, order the trust fund or property to be

turned over to the trustee as such, and shall not require the filing of inventories and accounts, or

supervise the administration of the trust; except that any party in interest of such trust, including

the trustee thereof, may invoke the jurisdiction of the probate court with respect to any matters

pertaining to the administration or distribution of such trust or to construe the will under which it

was established.

(3) The court has jurisdiction to determine every legal and equitable question arising in

connection with decedents', wards', and absentees' estates, so far as the question concerns any

person who is before the court by reason of any asserted right in any of the property of the estate

or by reason of any asserted obligation to the estate, including, without limiting the generality of

the foregoing, the jurisdiction:

(a) To give full and complete legal and equitable relief in any case in which it is alleged

that the decedent breached an agreement to make or not to make a will;

(b) In any case in which a district court could grant such relief in a separate action

brought therein, to impose or raise a trust with respect to any of the property of the decedent or

any property in the name of the decedent, individually or in any other capacity, in any case in

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which the demand for such relief arises in connection with the administration of the estate of a

decedent;

settlement thereof.

(4) Nothing in this article shall prevent any district court sitting in law or equity from

construing a will which is not before the probate court or from determining questions arising in

connection with trusts which are not under the jurisdiction of the probate court.

(5) The court has jurisdiction to determine every legal and equitable question arising out

of or in connection with express trusts.

(6) The provisions of articles 10 to 20 of title 15, article 23 of title 17, and articles 10 to

15 of title 27, C.R.S., shall govern the issuance and service and proof of service of any process,

notice, citation, writ, or order of court and shall govern all other proceedings had pursuant to the

powers of the court recited in subsections (1) and (2) of this section. The Colorado rules of civil

procedure shall govern such matters when the proceedings are had pursuant to the powers

granted to the court under any of the other provisions of this section.

(7) With respect to any trust established by or for an individual with his or her assets,

income, or property of any kind, notwithstanding any statutory provision to the contrary, the

court shall not authorize, direct, or ratify any trust that either has the effect of qualifying or

purports to qualify the trust beneficiary for federal supplemental security income, or public or

medical assistance pursuant to title 26, C.R.S., unless the trust meets the criteria set forth in

sections 15-14-412.6 to 15-14-412.9, C.R.S., and any rule adopted by the medical services board

pursuant to section 25.5-6-103, C.R.S.

Source: L. 64: p. 445, § 3. L. 65: pp. 483, 484, §§ 1, 2. C.R.S. 1963: § 37-20-3. L. 67:

p. 103, § 1. L. 79: (1)(g) and (6) amended, p. 1634, § 22, effective July 19. L. 84: (1)(c)

amended, p. 394, § 4, effective July 1. L. 94: (7) added, p. 1604, § 13, effective July 1. L. 2000:

(7) amended, p. 1832, § 3, effective January 1, 2001. L. 2006: (7) amended, p. 2001, § 46,

effective July 1; (1)(f) amended, p. 1395, § 35, effective August 7. L. 2017: (1)(f) amended, (HB

17-1046), ch. 50, p. 156, § 3, effective March 16; (1)(f) amended, (SB 17-242), ch. 263, p. 1292,

§ 106, effective May 25.

Cross references: (1) For the "Colorado Uniform Transfers to Minors Act", see article

50 of title 11.

(2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session

Laws of Colorado 2017.

13-9-104. Number of judges. There shall be one judge of the probate court of the city

and county of Denver.

Source: L. 64: p. 446, § 4. C.R.S. 1963: § 37-20-4.

13-9-105. Qualifications of judges. A judge of the probate court shall be a qualified

elector of the city and county of Denver at the time of his selection and shall have been licensed

to practice law in the state of Colorado for five years at such time. He shall be a resident of the

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city and county of Denver during his term of office. He shall not engage in the private practice of

law while serving in office.

Source: L. 64: p. 446, § 5. C.R.S. 1963: § 37-20-5.

13-9-106. Compensation of judges. A probate judge shall receive an annual salary as

provided by law.

Source: L. 64: p. 446, § 6. C.R.S. 1963: § 37-20-6.

Cross references: For salaries of probate judges, see § 13-30-103.

13-9-107. Appointment and term of office. (1) The term of office of a probate judge

shall be six years.

(2) A probate judge shall be appointed for the probate court of the city and county of

Denver in the same manner provided for the appointment of district judges.

Source: L. 64: p. 446, § 7. C.R.S. 1963: § 37-20-7. L. 67: p. 460, § 20.

13-9-108. Vacancies. If the office of probate court judge becomes vacant because of

death, resignation, failure to be retained in office pursuant to section 25 of article VI of the state

constitution, or other cause, the vacancy shall be filled by the governor as provided in section 20

of article VI of the state constitution.

Source: L. 64: p. 446, § 8. C.R.S. 1963: § 37-20-8. L. 67: p. 460, § 21.

13-9-109. Clerk. (1) The judge of the probate court shall appoint a clerk of the probate

court pursuant to section 13-3-105.

(2) Repealed.

(3) The powers and duties of the clerk of the probate court shall be similar to the powers

and duties of the clerk of the district court including such powers as may be delegated to the

clerk of the district court in probate matters. The duties of the clerk of the probate court shall

also include such matters as may be assigned to him by law, by court rules, and by the probate

judge.

Source: L. 64: p. 448, § 10. C.R.S. 1963: § 37-20-10. L. 69: p. 253, § 25. L. 79: (2)

amended, p. 424, § 15, effective July 1; (2) repealed, p. 602, § 30, effective July 1.

13-9-110. Other employees. The judge of the probate court shall appoint pursuant to

section 13-3-105 such deputy clerks, assistants, reporters, stenographers, and bailiffs as may be

necessary for the transaction of the business of the court.

Source: L. 64: p. 448, § 11. C.R.S. 1963: § 37-20-11. L. 69: p. 253, § 26.

Colorado Revised Statutes 2023 Uncertified PrintoutPage 156 of 671

13-9-111. Practice and procedure. Practice and procedure in the probate court shall be

conducted in accordance with laws providing special proceedings for matters within its

jurisdiction and with the Colorado rules of civil procedure.

Source: L. 64: p. 448, § 12. C.R.S. 1963: § 37-20-12.

13-9-112. Rules of court. The probate court has the power to make rules for the conduct

of its business to the extent that such rules are not in conflict with the rules of the supreme court

or the laws of the state but are supplementary thereto. Probate court rules are subject to review

by the supreme court.

Source: L. 64: p. 448, § 13. C.R.S. 1963: § 37-20-13.

13-9-113. Terms. Terms of the probate court shall be fixed by rule of court, but at least

one term shall be held each year.

Source: L. 64: p. 448, § 14. C.R.S. 1963: § 37-20-14.

13-9-114. Seal. The probate court shall have a seal, bearing upon the face thereof the

words: "The Probate Court of the City and County of Denver, Colorado".

Source: L. 64: p. 448, § 15. C.R.S. 1963: § 37-20-15.

13-9-115. Process. The probate court has the power to issue process necessary to acquire

jurisdiction, to require attendance, and to enforce all its orders, decrees, and judgments. Such

process runs to any county within the state and, when authorized by law in special proceedings

or, in the absence thereof, by the Colorado rules of civil procedure, may be served outside the

state. Any sheriff to whom process is directed is authorized and required to execute the same and

shall be entitled to the same fees as are allowed by law for serving like process from the district

court. Persons other than the sheriff or his deputies also may serve process from the probate

court when permitted by law in special proceedings or, in the absence thereof, by the Colorado

rules of civil procedure.

Source: L. 64: p. 448, § 16. C.R.S. 1963: § 37-20-16.

Cross references: For procedures and persons authorized to serve process of the district

court, see C.R.C.P. 4.

13-9-116. Venue. Venue in the probate court shall be determined as provided in articles

10 to 20 of title 15, C.R.S., or by other applicable statutes prescribing special proceedings or, in

the absence thereof, by the Colorado rules of civil procedure.

Source: L. 64: p. 449, § 17. C.R.S. 1963: § 37-20-17.

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13-9-117. Juries. When required, juries may be selected and summoned as provided for

courts of record in articles 71 to 74 of this title. With the permission of the district court, the

probate court may use the panel of jurors summoned for the district court of the second judicial

district.

Source: L. 64: p. 449, § 18. C.R.S. 1963: § 37-20-18. L. 2001: Entire section amended,

p. 1270, § 17, effective June 5.

13-9-118. Judgments. The judgments of the probate court shall be enforceable in the

same manner as judgments of the district court and may be made liens upon real estate or other

property in the manner provided by law for judgments of the district court.

Source: L. 64: p. 449, § 19. C.R.S. 1963: § 37-20-19.

Cross references: For procedures for attachment and duration of a judgment lien, see §

13-52-102.

13-9-119. Appeals. Appellate review of final judgments of the probate court shall be by

the supreme court or by the court of appeals, as provided by law, and shall be conducted in the

same manner as prescribed by the Colorado appellate rules for review by the court of appeals

and the supreme court of final judgments of the district courts.

Source: L. 64: p. 449, § 20. C.R.S. 1963: § 37-20-20. L. 69: p. 270, § 10.

13-9-120. Fees. The fees charged by the probate court and the clerk thereof shall be those

provided in article 32 of this title.

Source: L. 64: p. 449, § 21. C.R.S. 1963: § 37-20-21.

13-9-121. Funds. Funds for the operation of the probate court, including the salaries of

the employees thereof, shall be provided in the same manner as funds are provided for the

establishment and operation of the district courts for the second judicial district.

Source: L. 64: p. 449, § 22. C.R.S. 1963: § 37-20-22. L. 69: p. 254, § 27.

13-9-122. Supervision by supreme court. The supervisory powers of the supreme court

established by article 3 of this title extend to the probate court.

Source: L. 64: p. 450, § 23. C.R.S. 1963: § 37-20-23.

13-9-123. National instant criminal background check system - reporting. (1) On

and after March 20, 2013, the state court administrator shall send electronically the following

information to the Colorado bureau of investigation created pursuant to section 24-33.5-401,

referred to in this section as the "bureau":

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(a) The name of each person who has been found to be incapacitated by order of the

court pursuant to part 3 of article 14 of title 15, C.R.S.;

(b) The name of each person who has been committed by order of the court to the

custody of the behavioral health administration in the department of human services pursuant to

section 27-81-112; and

name of each person with respect to whom the court has entered an order for involuntary

certification for short-term treatment of a mental health disorder pursuant to section 27-65-109,

for extended certification for treatment of a mental health disorder pursuant to section 27-65-109

(10), or for long-term care and treatment of a mental health disorder pursuant to section

27-65-110.

of each person with respect to whom the court has entered an order for involuntary certification

for short-term treatment of a mental health disorder pursuant to section 27-65-108.5 or

27-65-109, for extended certification for treatment of a mental health disorder pursuant to

section 27-65-109 (10), or for long-term care and treatment of a mental health disorder pursuant

to section 27-65-110.

(1.5) Not more than forty-eight hours after receiving notification of a person who

satisfies the description in paragraph (a), (b), or (c) of subsection (1) of this section, the state

court administrator shall report such fact to the bureau.

(2) Any report made by the state court administrator pursuant to this section shall

describe the reason for the report and indicate that the report is made in accordance with 18

U.S.C. sec. 922 (g)(4).

(3) The state court administrator shall take all necessary steps to cancel a record made by

the state court administrator in the national instant criminal background check system if:

(a) The person to whom the record pertains makes a written request to the state court

administrator; and

(b) No less than three years before the date of the written request:

(I) The court entered an order pursuant to section 15-14-318, C.R.S., terminating a

guardianship on a finding that the person is no longer an incapacitated person, if the record in the

national instant criminal background check system is based on a finding of incapacity;

(II) The period of certification or commitment of the most recent order of certification,

commitment, recertification, or recommitment expired, or the court entered an order terminating

the person's incapacity or discharging the person from certification or commitment in the nature

of habeas corpus, if the record in the national instant criminal background check system is based

on an order of certification or commitment to the custody of the behavioral health administration

in the department of human services; except that the state court administrator shall not cancel

any record pertaining to a person with respect to whom two recommitment orders have been

entered pursuant to section 27-81-112 (7) and (8), or who was discharged from treatment

pursuant to section 27-81-112 (11), on the grounds that further treatment is not likely to bring

about significant improvement in the person's condition; or

(III) The record in the case was sealed pursuant to section 27-65-109 (7), or the court

entered an order discharging the person from certification in the nature of habeas corpus

pursuant to section 27-65-115, if the record in the national instant criminal background check

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system is based on a court order for involuntary certification for short-term treatment of a mental

health disorder.

(4) Pursuant to section 102 (c) of the federal "NICS Improvement Amendments Act of

2007" (Pub.L. 110-180), a court, upon becoming aware that the basis upon which a record

reported by the state court administrator pursuant to subsection (1) of this section does not apply

or no longer applies, shall:

(a) Update, correct, modify, or remove the record from any database that the federal or

state government maintains and makes available to the national instant criminal background

check system, consistent with the rules pertaining to the database; and

(b) Notify the attorney general that such basis does not apply or no longer applies.

Source: L. 2002: Entire section added, p. 754, § 2, effective January 1, 2003. L. 2010:

(1)(b), (1)(c), (3)(b)(II), and (3)(b)(III) amended, (SB 10-175), ch. 188, p. 781, § 16, effective

April 29. L. 2013: IP(1), (2), IP(3), (3)(a), and (3)(b)(II) amended and (1.5) and (4) added, (HB

13-1229), ch. 47, p. 134, § 4, effective March 20. L. 2017: IP(1), (1)(b), and (3)(b)(II) amended,

(SB 17-242), ch. 263, p. 1252, § 7, effective May 25. L. 2018: (1)(c) and (3)(b)(III) amended,

(SB 18-091), ch. 35, p. 383, § 10, effective August 8. L. 2020: (1)(b) amended, (SB 20-007), ch.

286, p. 1414, § 44, effective July 13; (3)(b)(II) and (3)(b)(III) amended, (SB 20-136), ch. 70, p.

282, § 4, effective September 14. L. 2022: (1)(b) and (3)(b)(II) amended, (HB 22-1278), ch. 222,

p. 1491, § 11, effective July 1; (1)(c) and (3)(b)(III) amended, (HB 22-1256), ch. 451, p. 3225, §

17, effective August 10. L. 2023: (1)(c) amended, (HB 23-1138), ch. 423, p. 2489, § 9, effective

July 1, 2024.

Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter

263, Session Laws of Colorado 2017. For the legislative declaration in SB 18-091, see section 1

of chapter 35, Session Laws of Colorado 2018. For the legislative declaration in SB 20-136, see

section 1 of chapter 70, Session Laws of Colorado 2020.

13-9-124. National instant criminal background check system - judicial process for

awarding relief from federal prohibitions - legislative declaration. (1) Legislative

declaration. The purpose of this section is to set forth a judicial process whereby a person may

apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. sec.

922 (d)(4) and (g)(4), as permitted by the federal "NICS Improvement Amendments Act of

2007" (Pub.L. 110-180, sec. 105).

(2) Eligibility. A person may petition for relief pursuant to this section if:

(a) (I) He or she has been found to be incapacitated by order of the court pursuant to part

3 of article 14 of title 15, C.R.S.;

(II) The person has been committed by order of the court to the custody of the behavioral

health administration in the department of human services pursuant to section 27-81-112; or

(III) [Editor's note: This version of subsection (2)(a)(III) is effective until July 1,

2024.] The court has entered an order for the person's involuntary certification for short-term

treatment of a mental health disorder pursuant to section 27-65-109, for extended certification

for treatment of a mental health disorder pursuant to section 27-65-109 (10), or for long-term

care and treatment of a mental health disorder pursuant to section 27-65-110; and

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