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. Colorado Courts

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PREME OF COLORADO STATE: ,JUOICIAL BUILDING

EAS1' 14TH AVENUE DENVER,COLORADO 80203 l.UJ$ D. ROVIRA

A MESSAGE FROM THE CHIEF JUSTICE OF THE COLORADO SUPREME COURT

I am pleased to present this pamphlet to you so that you may have a better understanding of the role the Judicial Branch plays

in our constitutional form of government. How that system

responds to the needs the people of Colorado, and how it uses

the resources provided to it will determine whether it continues as

a viable institution. We can best perform our constitutional and

statutory duties when an informed citizenry understands the

responsibilities the judiciary, as well as the other branches of

government.

The courts this state are open to the pUblic. I hope that you

will take the opportunity to visit them soon. We welcome you.

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Office Of The State Court Administrator Colorado ,Judiciol

A MESSAGE FROM

THE STATE COURT ADMINISTRATOR

It is a pleasure for me to introduce you to this pamphlet,

Colorado Courts At A Glanc~. I know that you will find it to be an

informative and helpful guide to the Colorado Judicial Branch. We are fortunate in Colorado to have a judiciary made up judges and support staff who are extremely talented and dedicated

to their work. I am honored to be associated with the Judicial

Branch of government in this state.

Although we do a good job, we still to do

better. As you experience the courts, if you have comments or

suggestions for improvement, please let me hear from you. if you need information beyond what is contained in this feel free to call my office or the court nearest

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INTRODUCTION

Colorado's courts play important roles in your life. When you buy or sell goods or property, get married or divorced, have children, work, retire, drive a car, and even after you die, your state courts can protect your rights and can enforce your

responsi-bilities. If you are the victim of a crime, are accused of

commit-ting a crime, or witness a crime, you may be required to appear in a Colorado court. You may also be called upon to serve as a juror, one of the most important privileges we all share as citizens.

In addition to state courts, there are federal courts in Colorado which deal with federal laws, such as bankruptcies and matters involving the United States Constitution. This pamphlet will not discuss federal courts. They are part of an entirely differ-ent judicial system.

This pamphlet is designed to answer questions which you, the people of Colorado, may have about your state judicial branch. The following few pages present an overview of the

Colorado Judicial Branch how it works and how it affects you.

A glossary containing legal terms with which you may not be familiar is provided in the back of the book.

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YOUR RIGHTS IN COURT

If you are atTested or with a crime, even a

violation, you have certain constitutional rights. It is

exercise these rights even if you later decide to plead guilty to charges.

What are these rights?

• You have the right to remain silent and to to

answer any questions asked by police officers and other officials

about the event. Anything you say may be used you.

• You have the right to have a lawyer you. If

you cannot afford to pay for a lawyer, you can ask the to

appoint one for you.

• You have the right 10 a public and speedy trial, to

a jury or to a judge only.

• You are not required to prove your instead,

you are presumed innocent of any crime unless the district attor-ney (city attorattor-ney in a municipal court) presents

dence to prove your guilt beyond a reasonable doubt.

• You are entitled to testify in your own if you

want to, but you cannot be forced to testify.

• You and your attorney may person

who testifies against you.

• You are allowed to bring in witnesses, and the can

order any person you want as a witness to appear in court.

If you are found guilty, you the to appeal. You

also have the right to make a statement or additional

information to the judge at time of sentencing. The

decides the unless the death

~uch a capital ease, the jury UTI;pm,eO-llte imprisonment or death.

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Violations of private rights and duties are considered civil cases. Suits can be brought for $uch matters as

from negligence, breach of contract, or

The court does not appoint attorneys in cases;

aid services are available for people who cannot afford a to

represent them in civil matters.

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TYPES OF COURTS

16 JUDG COURT OF APPEALS

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TYPES OF

COURTS

Several different courts in Colorado handle various kinds of cases. These courts are:

MUNICIPAL COURTS

Municipal (city) courts deal with violations of city laws committed within the city limits. Generally, these laws involve traffic, shoplifting, and offenses such as dog leash law violations and disturbances. In any case, you have the right to a jury trial and to tell your side of the story in municipal court. Municipal courts are not state courts; however you may appeal a municipal court decision to a state court.

COUNTY COURTS

Every county in the state has a county court, with one or more county judges. These courts handle traffic cases and minor

criminal matters, as well as actions involving no more than

$10,000. Again, you may have a jury trial if you choose. An appeal from a county court decision may be made to the district court.

Denver's court system, which will be explained later, differs from the courts in other counties.

SMALL CLAIMS COURTS

Small claims courts are divisions of county court.

Individuals are allowed to their own cases and to have speedy

decisions on civil matters involving no more than $3,500. Court sessions are held during the day or evening to accommodate the

pUblic. There are no j in small claims courts, and

the cases instead of a judge. Neither

an No plaintiff may file more

or 18 claims per year in small claims

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THE LEGAL SYSTEM

three and judicial. The responsibilities. The

to you and to all provides the establishment state courts. the Judicial Branch of our government, and their

to

power (called "jurisdiction") to

two kinds and criminaL cases

ve conflicts between private citizens, as over contracts, wills, personal injuries, or

matters. Government departments, agencies, and

involved civil cases. In deciding civil cases, j

must interpret laws made by the Legislative Branch or government departments or are

Branch.

20

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court.

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Organizational Chart of the

Judicial Branch

The Colorado court system consists of the Supreme Court, an intermediate Court district courts and county courts, Each has both a district court and a county probate and juvenile courts created tly the exist in the and Colora,jo statutes also authorize locally funded municipal courts with illri"di"ttr,n

pal ordinance violations,

Commission on Judicial Discipline ... , Autonomous or SemiAutonomous Bodies Judicial Nominaling Commissions State Board Law

CREATED AND MAINTAINED BY LOCAL GOVERNMENT BUT SUBJECT TO SUPREME COURT RULES AND PROCEDURES

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GLOSSARY

L,aw has a special language. Some familiar words have a meaning when used in connection with our courts. This list will help you understand them.

APPEAL

A request to take a case to a higher court for review. No new evidence may be introduced during the appellate process; the reviewing court considers whether errors occurred during prior proceedings.

APPELLATE JURISDICTION

The power of a court to review a case that has already been tried by a lower court.

BRIEF

A written document presented to the court by a lawyer to serve as the basis for argument.

CAPITAL CASE

criminal case in which the death sentence may be

CIVIL MATTERS

Matters or cases pertaining to the private rights of

COMMON LAW

law a coulltry based on custom, usage, and the

of courts.

CONTEMPT OF COURT

The punishable act of showing disrespect for the authority or dignity of a court. 26 CONVICTION doubt COLJNSEIJ COURT OF A court CRIMINAL DAMAGES DEFENDANT A DISTRICT

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DOMESTIC RELATIONS

Refers to dissolution of marriage (divorce), cu~tody of

children and their support, maintenance (alimony) and property division.

EVIDENCE

A fact presented before a court, such as a statement of a witness, an object, etc., that bears on or establishes a point in question.

FELONY

A crime punishable by death or by imprisonment in a state penal institution.

GRAND JURY

A jury of 12 to 23 citizens that investigates accusations concerning crimes. If there is sufficient evidence, the jury may return an indictment.

INDICTMENT

A formal accusation against a person by a grand jury, based upon probable cause that the person committed a crime.

INFORMATION

A formal accusation of crime, based on an affidavit of a person's allegedly having knowledge of the otTense.

JEOPARDY

Exposure to possible conviction, such as being on trial in c<Jurt.

2S.

JURISDICTION

The legal power to hear and .... v .... JUv cases; the range of such power.

JURY

A group of people who swear or atTirm to inquire into the facts in a case, and to

with their findings. JUVENILE CASES

Cases involving delinquent children (under 18), chi needing oversight, and dependent or neglected children (including abused children).

MENTAL HEALTH CASES

Cases involving actions in which a mentally ill is

committed to a hospital or other institution for treatment. A guardian may be appointed to handle the

MISDEMEANOR

Less serious criminal offense punishable by a sentence a

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a case.

court

infOlmation

or estates.

PUBLIC DEFENDER

person who cannot

RESTITUTION

The act of making or

damage, or injury.

SENTENCING

The time when the defendant is imposition of sentence.

SUBPOENA

A written legal order

SUMMONS

An official order to answer is required.

TESTIMONY

A statement made under establish a fact. WARRANT A writ or order 31 a to a or to act.

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Colorado Courts At A Glance is published by the Colorado Judicial Branch, Office of the State Court Administrator,

1301 Pennsylvania Street, #300, Denver, CO 80203.

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