C.R.S. Section 13-1-401
Legislative declaration

(1)

The general assembly hereby finds and declares that:

(a)

Access to courts is a cornerstone of Colorado’s republican form of government and is therefore a matter of statewide concern. Civil arrest of a person at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, threatens the values of public access and the core functions of courts and is considered an unreasonable and unlawful seizure whether undertaken by a local, state, or federal officer.

(b)

Courts have the affirmative obligation to assert their powers to ensure order and efficient functioning in their proceedings through exercising their contempt power and issuing writs in order to protect the dignity, independence, and integrity of proceedings;

(c)

There exists from English common law a privilege from civil arrest at a courthouse and on its environs, or while going to, attending, or coming from a court proceeding. The common law of England is “the rule of decision, and shall be considered as of full force until repealed by legislative authority” pursuant to section 2-4-211, and the common law privilege from civil arrest has not been legislatively repealed.

(d)

The general assembly has the power to protect Colorado’s court proceedings in order to preserve Colorado’s republican form of government and has previously codified the privilege from arrest in specific circumstances to protect the proper functioning of courts; and

(e)

This act clarifies Colorado law with respect to court access and judicial power to enforce the protection in order to ensure court access and to prevent interruption of the administration of justice, and clarifies that the protection extends to proceedings conducted under the authority of a court, including, but not limited to, probation and pretrial services.

(2)

Nothing in this part 4 narrows, or in any way lessens, any rights or protections from civil arrest at a courthouse or on its environs, or while going to, attending, or coming from a court proceeding, under common law, statute, the United States constitution, the state constitution, or the remedies available for violations of those rights or privileges.

Source: Section 13-1-401 — Legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑1‑101
Clerks shall keep record books 13‑1‑102
Entries in records 13‑1‑103
Lost or destroyed records 13‑1‑104
Application for new order or record 13‑1‑105
Procedure where probate records destroyed 13‑1‑106
Certified copy of record in supreme court or court of appeals 13‑1‑107
Costs of replacement 13‑1‑108
Judge may order adjournment 13‑1‑109
Court may appoint trustee 13‑1‑110
Appeal bond defective or insufficient 13‑1‑111
Courts of record 13‑1‑112
Clerk to keep seal 13‑1‑113
Seal - how attached 13‑1‑114
Powers of court 13‑1‑115
Courts may issue proper writs 13‑1‑116
Courts sit at county seat 13‑1‑117
Juridical days 13‑1‑118
Judicial holidays 13‑1‑119
Judgment record and register of actions open for inspection 13‑1‑119.5
Electronic access to name index and register of actions 13‑1‑120
Proceedings in English - abbreviations 13‑1‑121
Action not affected by vacancy 13‑1‑122
When judge shall not act unless by consent 13‑1‑123
Transfer of civil actions 13‑1‑123.5
Transfer of venue - actions involving related persons 13‑1‑124
Jurisdiction of courts 13‑1‑125
Service of process 13‑1‑126
Documents in court proceedings - designation by clerk of representative to attend court proceedings 13‑1‑127
Entities - school districts - legislative declaration - representation - definitions 13‑1‑129
Preferential trial dates 13‑1‑130
Reports of convictions to department of education 13‑1‑131
Speedy trial option in civil actions 13‑1‑132
Use of interactive audiovisual devices and communication technology in court proceedings 13‑1‑133
Use of recycled paper 13‑1‑134
Court automation system - juvenile or domestic actions 13‑1‑136
Civil protection orders - single set of forms 13‑1‑137
Reporting of data concerning juvenile proceedings 13‑1‑139
Court limitations on medication-assisted treatment - prohibited 13‑1‑140
Prohibition on issuing subpoena in connection with proceeding in another state 13‑1‑201
Legislative declaration 13‑1‑202
Definitions 13‑1‑203
Court security cash fund commission - creation - membership 13‑1‑204
Court security cash fund - creation - grants - regulations 13‑1‑205
Grant applications - duties of counties 13‑1‑301
Legislative declaration 13‑1‑302
Definitions 13‑1‑303
Underfunded courthouse facility cash fund commission - creation - membership 13‑1‑304
Underfunded courthouse facility cash fund - creation - grants - regulations 13‑1‑305
Grant applications - duties of counties 13‑1‑306
Legislative review - repeal 13‑1‑401
Legislative declaration 13‑1‑402
Definitions 13‑1‑403
Prohibition of civil arrest - writ of protection - procedure 13‑1‑404
Remedies 13‑1‑405
Severability
Green check means up to date. Up to date

Current through Fall 2024

§ 13-1-401’s source at colorado​.gov