Vol. 38, No. 4
From the Courts
Visit the related court’s website for complete text of rule changes or proposed rule changes issued by the court. Each court’s website includes corresponding forms, which are not printed in Court Business, and versions with highlights of revisions (deletions and additions). Material printed in Court Business appears as submitted by the court and has not been edited by the staff of The Colorado Lawyer.
Colorado Judicial Department
Chief Justice of the Supreme Court Directives
Notice of Availability
Chief Justice Directives (CJDs) are available online at www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. The website lists CJDs by date and allows users to search by topic. Hard copies of the CJDs are available for $.25 per page (approximately $125 for a full set) and may be obtained by contacting the Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203.
Publication in The Colorado Lawyer
CJDs will be published on a space-available basis in this "Court Business" section of The Colorado Lawyer. Some attachments may be omitted due to space restrictions. To obtain a copy of attachments, contact: Court Services Division, Colorado Office of the State Court Administrator, 1301 Pennsylvania St., Ste. 300, Denver, CO 80203; or visit www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm.
Income Eligibility Tables
The following is a list of Chief Justice Directives that contain the Income Eligibility Table. The table in each CJD was revised in March 2009, and is the only portion of each directive that was revised. The entire copy of each of the directives is currently on the Judicial Branch website, www.courts.state.co.us/Courts/Supreme_Court/Directives/Index.cfm. If you have any questions concerning these directives, please contact Paul Litschewski, Financial Programs Manager, (303) 837-3628 or firstname.lastname@example.org.
CJD 98-01, Attachment A, Procedures for the Waiver of Court Costs in Civil Cases on the Basis of Indigency, rev. 03/09
CJD 04-04, Attachment B, Income Eligibility Guidelines, rev. 03/09
CJD 04-05, Attachment A, Procedures for the Determination of Eligibility for Court-Appointed Counsel and Guardian Ad Litem Representation on the Basis of Indigency, rev. 03/09
CJD 04-06, Attachment A, Procedures for the Determination of Eligibility for Court-Appointed Counsel and Guardian Ad Litem Representation on the Basis of Indigency, rev. 03/09
Continuation of Pilot Project to Provide Authority to District Court
Magistrates in Denver County Sitting in the Specialized Court
to Impose Sentences to Probation on Felony Matters
Whereas, the Colorado Constitution, Article VI, Section 19 provides that the organization and administration of the county court of the city and county of Denver shall be as provided in the charter and ordinances of the city and county of Denver; and
Whereas, the Chief Judge in Denver District Court does not have supervisory authority over the county court in Denver County; and
Whereas, the jurisdiction of county courts in the state of Colorado includes concurrent jurisdiction with the district courts to admit persons to bail and to conduct certain proceedings in felony cases, pursuant to §13-6-106(b), C.R.S., but this does not include imposing sentence in a felony case; and
Whereas, the City of Denver provided funds to Denver County for the provision of services for a specialized court to adjudicate persons arrested for and charged with offenses related to the illegal possession and distribution of controlled substances; and
Whereas, the judicial officer assigned to that specialized court is a district court magistrate, under the supervision of the chief judge of the district court. The authority of the district court magistrate includes the ability to take pleas, impose terms of deferred sentences, and impose sentences on persons convicted of misdemeanor offenses; and
Whereas, the specialized court is designed to adjudicate cases meeting certain criteria within days of arrest at the second appearance date where defendants have counsel, have reviewed police reports, and have been offered a plea agreement; and
Whereas, in some percentage of the cases assigned to this specialized court defendants will be offered plea bargains which include a plea to a felony offense with a sentence to probation stipulated to by the prosecution and the defendant, and this sentence, if imposed by the court, would be imposed immediately upon the plea without the necessity of conducting a presentence investigation; and
Whereas, the judicial officer retains authority to reject a stipulated sentence at which time the case would no longer be processed in the specialized court and the case shall be remanded to the county court for processing as all other cases; and
Whereas, because providing authority to impose sentences to probation by agreement of the parties would reduce unnecessary case processing and reduce delay; and
Whereas, current rules of the Supreme Court concerning the authority of district court magistrates do not allow for the imposition of a sentence in a felony case,
NOW THEREFORE, the court orders that district court magistrates assigned to the specialized docket and hearing matters assigned to that docket as part of the specialized docket be permitted, with consent of the parties, to impose probation with the agreement of the parties following a guilty plea to a felony offense.
The temporary order entered March 22, 2009, applicable to Denver County is continued for an additional year, to expire March 1, 2010. The 2nd Judicial District Court is ordered to provide the OMNI report, currently in draft form, to the Court when available in final form. Upon receipt and review of that report, this court will determine whether to continue this grant of authority.
Done at Denver, Colorado this 24th day of February 2009.
By the Court:
Mary J. Mullarkey
Chief Justice, Colorado Supreme Court
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