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Chapter 2.20 - Municipal Court

2.20.010 Created

 

A municipal court in and for the city is established pursuant to and governed by the provisions of Article 10, of Title 13, Colorado Revised Statutes, as amended. (Ord. O-93-25 § 31, 1993; Ord. O-70-48 § 1, 1970).


2.20.020 Jurisdiction and powers
The municipal court shall have the original jurisdiction of all cases arising under the ordinances of the city with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or court rule. (Ord. O-72-30 § 1 (part), 1970; Ord. O-70-48 § 2, 1970).

2.20.030 Procedures
The procedures of the court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court. The Presiding Municipal Judge shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado Supreme Court. (Ord. O-70-48 § 3, 1970).

2.20.040 Sessions of court
A. There shall be regular sessions of court for the trial of cases. A Municipal Judge may hold a special session of court at any time.
B. All sessions shall be open to the public. Where the nature of the case is such that it would be in the interest of justice to exclude persons not directly connected with the proceeding, the Municipal Judge may order that the courtroom be cleared of all persons not directly connected with the proceeding. The Municipal Judge may order the general public to be excluded from any hearing, trial, or other proceeding involving a child charged with any violation of the Lakewood Municipal Code, or any other ordinance, other than Title 10, "Vehicles and Traffic," on its own motion or the motion of any party, and if the interests of the child so requires, and in such case only such persons shall be admitted, including persons whom the parents or guardian wish to be present, as having a direct interest in the case or in the proceedings before the court.
C. Any person failing or refusing to leave the courtroom after having been ordered by the Municipal Judge to do so is guilty of a violation of this chapter, and upon conviction shall be punished as provided in Section 1.16.020. (Ord. O-93-25 § 32, 1993; Ord. O-70-48 § 4, 1970).

2.20.050 Municipal Judges-Appointment-Salary-Oath

A. The court shall be presided over by a presiding Municipal Judge, to be designated by the City Council, who shall serve in such capacity at the pleasure of the City Council. The Presiding Municipal Judge shall receive an annual salary set by ordinance, payable monthly.
B. The Municipal Court shall have such additional Associate Municipal Judges or Municipal Judges as may be necessary; each of whom shall be appointed and retained pursuant to the Home Rule Charter.
C. Any person appointed to any office of Municipal Judge shall have been admitted to and be at the time of his appointment and during his tenure of office licensed in the practice of law in the State of Colorado.
D. Before entering upon the duties of his office, a Municipal Judge shall make an oath or affirmation that he will support the Constitution of the United States and the Constitution of the State of Colorado and the laws and the ordinances of the city and will faithfully perform the duties of his office.
E. The Presiding Municipal Judge shall provide by rule for the assignment of cases between the Municipal Judges. When a case has been assigned to a Municipal Judge, such Judge shall, as far as practicable, conduct all proceedings concerning that case to conclusion. 
(Ord. O-2017-5 §§ 2 & 3, 2017; Ord. O-2016-9 §§ 1 & 2, 2016; Ord. O-2015-8 §§ 1 & 2, 2015;Ord. O-2014-12 §§ 1 & 2, 2014; Ord. O-2013-10 § 1, 2013; Ord. O-2012-16 § 1 & 2, 2012; Ord. O-2011-17 § 1, 2011; Ord. O-2011-4 § 1, 2011; Ord. O-2010-11 § 1, 2010; Ord. O-2009-17 §1, 2009; Ord. O-2008-20 § 1, 2008; Ord. O-2007-12 § 1, 2007; Ord. O-2006-10 § 1, 2006; Ord. O-2005-15 § 1, 2005; Ord. O-2003-7 § 1, 2003; Ord. O-2002-15 § 1, 2002; Ord. O-2001-29 § 1, 2001; Ord. O-2000-11 § 1, 2000; Ord. O-99-11 § 1, 1999; Ord. O-98-13 § 1 & 2, 1998; Ord. O-97-32 § 2, 1997; Ord. O-96-6 § 1, 1996; Ord. O-95-7 § 1, 1995; Ord. O-94-22 § 1, 1994; Ord. O-93-22 § 1, 1993; Ord. O-91-63 § 1, 1992; Ord. O-91-2 § 1, 2, 1991; Ord. O-90-54 § 1, 1990; Ord. O-90-14 § 2, 1990; Ord. O-89-56 § 1, 1989; Ord. O-89-6 § 1, 2, 1989; Ord. O-87-80 § 1, 1987; Ord. O-86-128 § 1, 3, 1986; Ord. O-85-141 § 1, 1985; Ord. O-83-84 § 5, 1983; Ord. O-72-30 § 2(A), 1972; Ord. O-70-38 § 5, 1970) 


2.20.055 Special Judges-Appointment-Salary
A. The Presiding Municipal Judge shall have authority to appoint Special Judges, who shall serve at the pleasure of the Presiding Municipal Judge.
B. Special Judges shall receive an annual salary set by ordinance, payable in monthly amounts. Effective July 12, 1989, compensation of such special judges shall be an annual salary of fifty thousand dollars, payable in monthly amounts. (Ord. O-93-25 § 33, 1993; Ord. O-89-54 § 1 & 2, 1989).


2.20.060 Court Administrator-Salary, duties and reports
A. The Presiding Municipal Judge shall appoint a person to serve as administrator of the court who shall also be the clerk of the court, whose duties shall be those assigned by the Presiding Municipal Judge.
B. The compensation of the Court Administrator (clerk of the court), shall be annual salary in an amount fixed by ordinance and shall be payable monthly as other salaries to municipal employees.
C. The Administrator (clerk of the court), shall pay to the City Treasurer all fines and costs collected or received by the municipal court as directed by the presiding Municipal Judge, not less often than monthly, and the Treasurer shall deposit the same in the general fund of the city. (Ord. O-93-25 § 34, 1993; Ord. O-70-48 § 6, 1970).

2.20.070 Bond of Court Administrator
The Court Administrator (clerk of the municipal court), shall not be required to give a performance bond. (Ord. O-93-25 § 35, 1993; Ord. O-70-48 § 7, 1970).

2.20.075 Court administration
Subject to the limitations and requirements of budget, appropriations, statute and ordinance, the Presiding Municipal Court Judge shall assign and reassign such duties, functions and personnel, and organize and reorganize such sections or divisions as may be to him seem necessary and proper for the performance of his duties and responsibilities. (Ord. O-93-25 § 36, 1993).

2.20.080 Court of record
The municipal court shall be a court of record, and the Presiding Municipal Judge shall provide for the keeping of a verbatim record of the proceedings and evidence at trials by either an electric device or stenographic means. (Ord. O-70-48 § 8, 1970).

2.20.090 Appeals
Appeals from the municipal court shall be in accordance with the practice and procedure provided by Sections 13-16-310 and 16-2-114, C.R.S., and applicable rules of procedure, as provided by Section 13-10-116, C.R.S. (Ord. O-93-25 § 37, 1993; Ord. O-72-23 § 1, 1972; Ord. O-70-48 § 9, 1970).

2.20.100 Admission to bail
A Municipal Judge may by rule designate the Court Administrator (clerk of court), a deputy clerk or clerks, or any responsible and appropriate member of the Police Department to admit a person arrested and in the custody of the Police Department to bail. The Presiding Municipal Judge shall provide by rule for the conditions and circumstances under which such admission to bail will be granted pending appearance before the court and the amount of bail to be required for various types of violation. The bail so required may, at the election of the accused, be in the form of cash security, real property, tangible or intangible personal property, or an acceptable corporate surety bond, or a bond with adequate or acceptable private sureties. When provided by rule promulgated by the Presiding Municipal Judge, bail may be upon personal recognizance without security or surety. Except as herein otherwise specifically provided, the giving of bail shall be in accordance with Rule 246 of the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court. (Ord. O-93-25 § 38, 1993; Ord. O-70-48 § 10, 1970).


2.20.110 Statutes and rules in effect
Except as is otherwise specifically provided in this chapter, the municipal court of the city, its judges, clerk and employees are governed by all of the provisions of Article 10 of Title 13, Colorado Revised Statutes, as amended, and the Municipal Court Rules of Procedure promulgated by the Colorado Supreme Court. (Ord. O-93-25 § 39, 1993; Ord. O-70-48 § 11, 1948).

2.20.120 Failure of juror or witness to respond to summons
In all cases where a person is summoned as a juror or as a witness to the municipal court of the city or a judge thereof, and fails to attend at the time and place appointed in such summons, the court or judge thereof shall have power to issue a citation to such juror or witness so failing to attend, commanding him to appear before such court to show cause why he should not be punished for contempt, and, upon appearance of such juror or witness on such citation, it is lawful for such court or judge to punish him for contempt or to wholly discharge him if satisfactory excuse is made. (Ord. O-93-25 § 40, 1993; Ord. O-70-63 § 1, 1970).

2.20.130 Jury Commissioner created-Duties
There is created within the municipal court the position of Jury Commissioner. The Jury Commissioner shall be appointed by the Presiding Judge of the municipal court. The Jury Commissioner shall determine eligibility for jury duty by means of a jury questionnaire. It is unlawful for any person to utter a false statement on a jury questionnaire, or, having received a jury questionnaire, to fail or refuse to return the same, completed, within the time designated thereon. (Ord. O-70-63 § 2, 1970).

2.20.140 Failure to appear for court
A. In all cases where a person is summoned to appear, ordered to appear by a municipal judge, or ordered to appear as a condition of a bond at the municipal court of the City and such person fails to appear at the time and place so designated, the court shall have the power to issue a contempt citation for the failure to appear. If the court finds that the failure to appear was not justified by good cause or excusable neglect, the court may impose punitive sanctions pursuant to section 2.20.145 of the code.
B. Nothing in this section shall prohibit the court from issuing a warrant for a person who fails to appear. In all cases where a warrant is issued, a contempt citation may be issued pursuant to subsection (A) of this section at the person's next appearance in court.
C. This section shall not apply to failure of any person to appear for a traffic infraction. Such failure to appear for a traffic infraction shall be governed by Chapter 10.76 of this code. (Ord. O-2000-37 § 1, 2000; Ord. O-93-68 § 6, 1993; Ord. O-86-8 § 1, 1986; Ord. O-71-61 § 1, 1971).

2.20.145 Penalties-Contempt
Any person who is found to be in contempt pursuant to Section 2.20.120 or Section 2.20.140 shall, for each offense, be subject to a penalty not to exceed six months in jail and a fine not to exceed one thousand dollars, or both such fine and imprisonment. (Ord. O-2000-37 § 2, 2000; Ord. O-96-44 § 10, 1996; Ord. O-93-25 § 41, 1993; Ord. O-86-8 § 2, 1986).


2.20.150 Office of the Municipal Court Marshals created
There is created within the municipal court the Municipal Court Marshal's Office. The Chief Court Marshal shall be appointed by the Presiding Judge of the municipal court. The Municipal Court Marshal's Office shall consist of the Chief Marshal and such number of assistant and deputy marshals as the Presiding Municipal Judge may deem necessary for the efficient operation of said office. The Chief Marshal and his assistants or deputy marshals are not sworn police agents of the Lakewood Police Department and shall not be entitled to any of the retirement, pension, disability or other benefits to which sworn police agents are entitled. (Ord. O-93-25 § 42, 1993; Ord. O-88-70 § 2, 1989).

2.20.155 Marshals-Authority
1. A Municipal Court marshal is a peace officer, as defined in Article 2.5 of Title 16, C.R.S., while engaged in the performance of his or her duties whose enforcement authority and responsibilities shall be restricted to the following:
A. To provide security within the building commonly referred to as the Lakewood Public Safety Center, its grounds and parking areas;
B. To serve subpoenas, summonses, show cause orders, and all other legal process within the municipal limits issued by the Municipal Court;
C. To conduct investigative work relative to locating individuals named in legal process issued by the Municipal Court;
D. To transport, detain, and maintain control over prisoners en route to and from the lawful place of detention for such prisoners;
E. To cooperate with and, upon request, assist the Lakewood Police Department within the city;
F. To serve and execute arrest warrants issued by the Municipal Court within the corporate City boundaries and to serve and execute other arrest warrants within the building commonly referred to as the Lakewood Public Safety Center, its grounds and parking areas; and,
G. To issue a summons and complaint for any violation of the Lakewood Municipal Code that occurs on the premises of the Lakewood Public Safety Center, its grounds and parking areas.
2. Regardless of the limitations set forth in Subsection (1) of this provision, marshals shall have the authority to take enforcement action, while on-duty within the City of Lakewood, when a felony or misdemeanor has been or is being committed in their presence. The Lakewood Police Department shall be immediately notified of any such arrest and any person arrested shall be released to the custody of the police department.
(Ord. O-2003- 14 § 2, 2004; Ord. O-2003-26 § 2, 2003; Ord. O-2002-45 § 1, 2002; Ord. O-2000-38 § 1, 2000; Ord. O-88-70 § 3, 1989).