Col. R. Mag. 8

As amended through Rule Change 2024(18), effective October 2, 2024
Rule 8 - Functions of County Court Magistrates
(a) Functions in Criminal Cases: A county court magistrate may perform any or all of the following functions in a criminal proceeding:
(1) No consent necessary:
(A) Appoint attorneys for indigent defendants and approve attorney expense vouchers.
(B) Conduct proceedings in traffic infraction matters.
(C) Conduct advisements and set bail in criminal and traffic cases.
(D) Issue mandatory protection orders pursuant to C.R.S. section 18-1-1001 .
(E) Any other function authorized by statute.
(2) Consent necessary:
(A) Conduct hearings on motions, conduct trials to court, accept pleas of guilty, and impose sentences in misdemeanor, petty offense, and traffic offense matters.
(B) Conduct deferred prosecution and deferred sentence proceedings in misdemeanor, petty offense, and traffic offense matters.
(C) Conduct misdemeanor and petty offense proceedings pertaining to wildlife, parks and outdoor recreation, as defined in Title 33, C.R.S.
(D) Conduct all proceedings pertaining to recreational facilities districts, control and licensing of dogs, campfires, and general regulations, as defined in Title 29, Article 7, C.R.S. and Title 30, Article 15, C.R.S.
(b) Functions in Civil Cases: A county court magistrate may perform any or all of the following functions in a civil proceeding:
(1) No consent necessary:
(A) Conduct proceedings with regard to petitions for name change, pursuant to C.R.S. section 13-15-101 .
(B) Perform the duties which a county court clerk may be authorized to perform, pursuant to C.R.S. section 13-6-212 .
(C) Serve as a small claims court magistrate, pursuant to C.R.S. section 13-6-405 .
(D) Conduct proceedings involving protection orders, pursuant to C.R.S. sections 13-14-101 et. seq. and conduct proceedings pursuant to C.R.C.P. 365.
(E) Any other function authorized by statute.
(2) Consent necessary:
(A) Conduct civil trials to court and hearings on motions.
(B) Conduct default hearings, enter judgments pursuant to C.R.C.P. 355, and conduct post-judgment proceedings.

Col. R. Mag. 8

Entire chapter amended June 16, 1988, effective 1/1/1989; entire rule (including title) amended and effective 9/12/1991; entire chapter amended September 30, 1999, effective 1/1/2000; entire rule amended and adopted May 12, 2005, effective 7/1/2005.

ANNOTATION Magistrates exercise authority only at the discretion of the judges who appoint them. Therefore no impropriety in the provision of a court memorandum prohibiting magistrates from conducting bond hearings. Wiegand v. Larimer County Court Magistrate, 937 P.2d 880 (Colo. App. 1996).