CHAPTER 2
COLORADO COURT SYSTEM
Updated by
Honorable Julie E. Anderson
THE LEGAL SYSTEM IN COLORADO
The Colorado Constitution defines the structure and gives the power to the three units
that comprise our state government: the executive branch, the legislative branch, and the judicial
branch. The Colorado Constitution also provides specific legal rights to all Colorado citizens.
The executive branch of the government, the Governor, works with the state legislature, the
General Assembly, to create laws that provide additional rights and responsibilities to the
citizens of Colorado.
The Colorado Constitution also provides for the establishment of state courts that make
up the judicial branch of our government. These courts play a major role in our tripartite (or
three-unit) system by resolving disputes between individuals, and between individuals and the
state.
DIFFERENCES IN CIVIL AND CRIMINAL LAW IN COLORADO
Courts have the power to resolve many types of conflicts. The cases that a court may
decide usually involve either criminal law or civil law. Civil law is applied when private parties
cannot settle a disagreement. For example, if someone accidentally runs over your bicycle with
a car or collides with your family car, you could use civil law to get them to pay for the damage.
Criminal law is applied when someone has violated a statute in committing a crime, such as
murder, theft, child abuse, or selling illegal drugs.
Usually, civil law and criminal law are very different. However, the same circumstances
may lead to both civil and criminal actions. For example, if someone hits you with their fists,
that person might be charged with battery by the police and face prosecution by the district or
city attorney for violating a state or city criminal law. Additionally, you might file a civil suit
against this person to collect any damages (such as medical bills) you suffer as a result of the
battery.
JURISDICTION OF A COURT
When people disagree, they have the option to have that disagreement resolved through
the court system. The power of a court to hear and decide a disagreement between parties is
called “jurisdiction”. If a court has jurisdiction, then that court can decide the case.
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There are two types of jurisdiction: original and appellate. Original jurisdiction is the
power of a court to resolve a dispute that has not yet been decided. A trial court is a court of
original jurisdiction. Appellate jurisdiction is the power of a court to review the decision of a
lower court (the trial court). If a trial court has decided a case, that decision can be challenged in
an appellate court.
Factors Determining Jurisdiction
Three factors establish whether a court has original jurisdiction:
1.
The court’s jurisdiction has geographical boundaries. For a court to have jurisdiction, the
case must involve a question that occurred within the geographic boundaries of the court,
typically the county in which the court is located, or has some special relationship to the
court.
2.
A court must have jurisdiction over the parties to the controversy. This is called personal
jurisdiction. A person can be subject to the court’s authority if he or she lives within that
court’s geographical boundary or did something that requires them to respond to a matter
within the court’s authority.
3.
Courts are limited to deciding disagreements concerning certain matters. This is called
subject matter jurisdiction. For example, district courts in Colorado have general
jurisdiction over criminal and civil cases, whereas county court jurisdiction is restricted
to certain matters.
TYPES OF COURTS IN COLORADO
There are many types of courts in Colorado. The courts are arranged in a hierarchical
structure. The most important distinction between courts is subject matter jurisdiction. Trial
courts of limited jurisdiction, such as small claims court, decide cases involving minor criminal
matters or claims that do not involve large sums of money. Trial courts of general jurisdiction
are permitted to decide all other cases. Appellate courts are allowed to review the decisions of
trial courts when the party bringing the appeal alleges that error has occurred by a lower court in
deciding the case.
In Colorado, there are state courts and federal courts. State courts enforce the
Constitution and laws of the state in which they reside and the U.S. Constitution and laws.
Federal courts exercise the jurisdiction assigned to them by federal statutes and the U.S.
Constitution. State judges are selected under the Colorado Constitution’s merit selection system
that removes judges from politics. Federal judges are nominated by the President of the United
States and confirmed by the U.S. Senate.
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STATE COURTS
Municipal Court
Municipal or city courts deal with violations of city law committed within the city limits.
This trial court is created by a city and can decide only cases involving violations of city laws,
such as traffic, shoplifting, dog bites, and disturbance violations. In many cases, parties before a
municipal court have a right to a jury trial. A city may appoint as many municipal judges as
necessary to handle the cases. For a person to be appointed a municipal court judge, one must
have graduated from high school or attained the equivalent of a high school education. An
appointment, however, is likely to go to a person who is trained in law. Appeals from a
municipal court decision are made to a county court or district court. District court and county
court judges must be licensed attorneys.
Small Claims Court
The small claims court, a division of the county court, only decides civil cases involving
amounts less than $ 7,500. In small claims court, there is no right to a jury. Usually, individuals
argue their cases without attorneys, and court sessions are held during the day and evening
(“night court”). The court is not bound by formal rules of procedure or technical rules of
evidence, and the court may be presided over by a referee or magistrate instead of a county court
judge.
County Court
This court can hear cases regarding matters that arise within Colorado and concern an
amount in controversy not more than $ 15,000. Thus, county courts have limited jurisdiction.
County courts also can entertain some traffic and misdemeanor criminal matters. Every county
in the state has a county court, with the number of county court judges varying depending on the
caseload of the county. With the exception of Denver County Court, county court judges are
appointed by the Governor from a list of three nominees selected by a citizen commission.
Denver County Court judges are appointed by the mayor from a list of three nominees selected
by a citizen commission. All county court judges serve an initial two-year term and then must
stand for retention for a four-year term. Juries are available in county court for some cases.
Appeals from a county court decision are made to a district court.
District Court
A district court is a trial court of general jurisdiction. District Courts hear divorce cases,
felony criminal cases, and civil cases. District court judges are appointed by the Governor from
a list of three nominees selected by a citizen commission. They serve an initial two-year term by
appointment and then must stand for retention for a six-year term. The state of Colorado is
divided into 22 judicial districts, but each district court has statewide jurisdiction regardless of
county or district boundaries. Whether a case can be heard in a particular district court depends
on statutes and rules governing personal jurisdiction over the parties in dispute.
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Colorado Court of Appeals
The Colorado Court of Appeals is an appellate court created by statute. It is comprised of
16 judges and has the jurisdiction to review most district court decisions. Judges of the Colorado
Court of Appeals must have the same qualifications as justices of the Colorado Supreme Court.
A judge is appointed by the Governor to the Court of Appeals from a list of three nominees
selected by a citizen commission. After two years in office, the judge stands for retention on the
general election ballot for an eight-year term. The Chief Justice of the Colorado Supreme Court
appoints a judge of the Court of Appeals to act as chief judge. The Court of Appeals consists of
divisions of three judges each to hear all cases that may come before it. The Court of Appeals is
located in Denver, but any division of the Court of Appeals may sit in any county seat in
Colorado for the purpose of hearing oral argument in cases before the division. The Court of
Appeals’ decision is final unless the Colorado Supreme Court agrees to review the case.
Colorado Supreme Court
This appellate court, which is created by the Colorado Constitution, often is referred to as
the “Court of Last Resort”. The Colorado Supreme Court generally has discretion in what cases
it hears. However, the court is required to hear certain appeals, such as death penalty cases and
water cases, because of specific statutes passed by the General Assembly. The Colorado
Supreme Court has original jurisdiction to grant extraordinary relief on a discretionary basis
during the course of a lower court proceeding when an issue of public importance is involved
and justice requires intervention before a regular appeal. Seven justices serve on the Colorado
Supreme Court. Appointments to the Colorado Supreme Court are made by the Governor from a
list of three nominees selected by citizen commission. After two-years in office, the justice
stands for retention on the general election ballot for a ten-year term. The justices of the
Colorado Supreme Court elect one justice to act as Chief Justice. In addition to reviewing cases,
the Chief Justice has many administrative functions, such as supervising all other Colorado
courts on behalf of the Supreme Court. The Colorado Supreme Court is responsible for
discipline of attorneys.
An independent judicial discipline commission is responsible for disciplining any judge
who has violated laws or canons of judicial conduct.
FEDERAL COURTS
Federal District Court
The United States is divided into approximately 96 federal judicial districts. The State of
Colorado makes up one of these judicial districts. These federal districts are similar in structure
and function to the Colorado state judicial districts. Each judicial district has a district court, but
each federal court has national jurisdiction. There are approximately 550 federal district judges.
Federal district judges are appointed by the President of the United States. Federal district courts
have jurisdiction over cases involving federal law, citizens of two or more different states, or the
U.S. government as a party to the action. There is at least one federal district court in every
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state. Whether a matter can be heard in a particular district is determined by statutes and rules
governing venue.
Tenth Circuit Court of Appeals
The United States is divided into 13 judicial circuits. Each court reviews cases from the U.S.
district courts in the circuit. Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming
are in the Tenth Judicial Circuit of the United States. These are appellate courts that review the
decisions of federal district courts. Judges to these courts are appointed for life by the President
of the United States, subject to confirmation by the United States Senate. There are ten full-time
judges on the Tenth Circuit Court of Appeals. Former members of the court may take senior
status and may sit on assigned cases. Decisions of the Tenth Circuit Court of Appeals may be
appealed to the U.S. Supreme Court.
United States Supreme Court
Federal courts are created by federal statutes, but the U.S. Supreme Court is created by
the U.S. Constitution. This is the highest court in the United States, and decides constitutional
questions, questions involving federal law, disputes between states, appeals from state supreme
courts and matters within its original jurisdiction such as interstate water compacts. Matters are
presented to the court for review by a petition for a writ of certiorari. The Supreme Court then
chooses which cases it will hear. There are nine justices on the Supreme Court, who are
appointed for life by the President of the United States, subject to confirmation by the U.S.
Senate.
HOW COURTS APPLY LAW
When a court decides a dispute, it applies both the relevant statutory law (bills created
and passed by the legislature and enacted into law with the consent of the Executive or veto
override), and the common law (based on the precedent of prior cases). Thus, for Colorado law,
courts in Colorado will use the Colorado Revised Statutes, a multi-volume set of books which
contain the codified laws, to see if a statute applies to the facts of the case. The courts in
Colorado also will refer to past decisions by the Colorado Court of Appeals or the Colorado
Supreme Court (printed in chronological order in books called Reporters) to find out if a
Colorado court previously has considered and ruled on the issue before the court. The statutes
and reporters may be found in public libraries, the Supreme Court Law Library, and in law
school and courthouse libraries.
The federal system operates in a similar manner, with federal courts relying on federal
statutes (passed by Congress) and federal cases. However, Colorado law also will be relevant
and helpful to the Federal Court for the District of Colorado and the Tenth Circuit Court of
Appeals because those courts are sometimes called upon to decide state law in the course of a
proceeding that can be brought in federal court. Rulings of the U.S. Supreme Court are
controlling and relevant in any court in the land. In these ways, the laws of Colorado and the
federal court system work in tandem with each other.
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The Role of the Judge in the Court
Judges are a very important part of the court system. Judges control the conduct of the
people in the courtroom and try to make sure the hearing or trial is fair. Judges oversee all
matters in trial courts and appellate courts. Justices oversee all matters of the Colorado Supreme
Court. All judges are required to act fairly and impartially, and may be removed from a case or
disciplined if they do not. They are not supposed to let their personal biases prejudice their
decisions.
Juries Used in Colorado Courts
There are two types of juries: grand juries and petit juries. A grand jury consists of
twelve to twenty-three persons who are summoned to hear evidence presented by the prosecutor
in a criminal case and decide whether an indictment should be issued and prosecution pursued.
A petit jury is a trial jury consisting of three to twelve persons: twelve for felony criminal trials,
six for civil, misdemeanor and some traffic trials, and three for other traffic trials. The parties
sometimes may agree to a smaller number of jurors, but never fewer than three.
In each county, the jury commission maintains a master list consisting of all voter
registration lists for the county, supplemented with names from other lists of county residents,
which the Supreme Court shall designate from time to time. The jury commission for the county
maintains a master jury pool into which the commission places names of prospective jurors taken
from the master list. These names are publicly drawn at random when the court requires. The
clerk of the court mails a summons and juror qualification form to every prospective juror whose
name is drawn from the master jury pool. If the prospective juror is qualified to serve on the
jury, the jury commission puts that person’s name in the qualified jury pool. Qualified jurors are
required to report for duty and serve on a jury, if chosen.
After the jury has been summoned to appear, the attorneys for the parties to the case have
the opportunity to interview the potential jurors. This is known as “voir dire”. Voir dire is a
French phrase that means “to see the truth”. Voir dire is a process by which the judge and
attorneys have the chance to ask the jurors questions to find out if they can be fair and impartial.
If an attorney does not feel a particular potential juror will be fair, or if the potential juror knows
someone involved in the case, the attorney can ask the judge not to allow that person to sit on the
jury. In addition, each side to a case can preempt a potential juror from serving without regard to
a showing of possible partiality. The number of peremptory challenges is established by court
rules.
Jurors have a lot of responsibility and must act appropriately. Jurors are responsible for
making all determinations of fact and, therefore, are required to be objective in deciding such
issues. To make sure that jurors are objective, jurors are expected to discuss the case only with
each other, considering all of the evidence they heard during trial and applying the law that the
judge provided to them.
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Other Court Personnel and Job Responsibilities
The clerk of the court is responsible for assisting judges in administrative matters. A
court bailiff announces the cases opens and closes court, takes charge of juror needs, and
generally helps the judge manage the business of the court.
For additional information about the organizational and operation of the court system,
pick up the helpful, free brochure published by the Colorado Judicial Department, You and Your
Colorado Court. It is available at the City and County Building, 1437 Bannock Street, Denver,
Colorado, 80202, at the Colorado Supreme Court, 2 East 14th Avenue, Denver, Colorado, 80203,
or from the State Court Administrator’s Office, 1301 Pennsylvania Avenue, Denver, Colorado,
80203. You can also visit the website of the Colorado Judicial Branch at www.courts.state.co.us.
ALTERNATIVE DISPUTE RESOLUTION IN COLORADO
In Colorado, there are ways of resolving disputes other than through a trial. In a criminal
case, the defendant may plea bargain with the prosecutor. Plea bargaining is a process by which
the defendant and prosecutor negotiate a mutually satisfactory settlement of the case, subject to
the approval of the trial court. Usually, the defendant agrees to plead guilty to one crime if the
prosecutor agrees to drop charges for another crime.
In civil cases, the plaintiff and defendant may decide on a settlement. Parties to a civil
action may also consent to arbitration. Arbitration is a method by which an independent person
is hired to hear and decide the dispute outside of the court. Arbitration is similar to trial but is
not held in a courtroom and is less formal. In many commercial business contracts, arbitration is
used to resolve disputes in order to save cost and time. An arbitrator’s decision is binding on all
parties and will not be set aside except in rare instances.
Mediation involves bringing in an objective outside person to help parties to a dispute
settle their differences. Typically, a mediator is not granted authority by the parties to make a
decision. Mediation services are frequently used in divorce cases.
Recently, legislation in Colorado has been passed to encourage alternative types of
dispute resolution to be considered by parties engaged in litigation. Arbitration, mediation or
settlement conferences during or before court proceedings have the potential of providing a costeffective and less time-consuming alternative to an actual trial, as long as all parties are willing
participants in the procedure. A trial court may retain its jurisdiction until the conclusion of the
alternative dispute resolution process so that a trial will proceed if the case cannot be otherwise
resolved.
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