C.R.S. Section 19-1-108
Magistrates

  • qualifications
  • duties

(1)

The juvenile court may appoint one or more magistrates to hear any case or matter under the court’s jurisdiction, except where a jury trial has been requested pursuant to section 19-2.5-610 and in transfer hearings held pursuant to section 19-2.5-802. Magistrates shall serve at the pleasure of the court, unless otherwise provided by law.

(2)

Every magistrate appointed pursuant to this section shall be licensed to practice law in Colorado; except that county judges who are not lawyers may be appointed to serve as magistrates, as authorized by section 13-6-105 (3), C.R.S., to hear detention and bond matters.

(3)

Intentionally left blank —Ed.

(a)

Repealed.

(a.5)

Magistrates shall conduct hearings in the manner provided for the hearing of cases by the court. During the initial advisement of the rights of any party, the magistrate shall inform the party that, except as set forth in this subsection (3), the party has the right to a hearing before the judge in the first instance and the party may waive that right but that, by waiving that right, the party is bound by the findings and recommendations of the magistrate, subject to a request for review as set forth in subsection (5.5) of this section. The right to require a hearing before a judge does not apply to hearings at which a child is advised of his or her rights pursuant to section 19-2.5-605; detention hearings held pursuant to sections 19-2.5-303, 19-2.5-304, and 19-2.5-305; preliminary hearings held pursuant to section 19-2.5-609; temporary custody hearings held pursuant to section 19-3-403; proceedings held pursuant to article 4 of this title 19; and support proceedings held pursuant to article 6 of this title 19. In proceedings held pursuant to article 4 or 6 of this title 19, contested final orders regarding allocation of parental responsibilities may be heard by the magistrate only with the consent of all parties.

(b)

In proceedings pursuant to article 2.5 of this title 19, the right to require a hearing before a judge is deemed waived unless a request is made by any party that the hearing be held before a judge at the time the matter is set for hearing.

(c)

In proceedings under article 3 of this title, the right to require a hearing before a judge is waived unless:

(I)

A request is made by a party or the people of the state of Colorado that the hearing be held before the judge at the time the matter is set for hearing, if counsel for the party is present at the time the matter is set; or

(II)

A request is made by a party or the people of the state of Colorado in writing within seven days after receipt of notice of the setting if the matter is set for hearing outside of the presence of counsel for a represented party or if the matter is set on notice.

(4)

At the conclusion of a hearing, the magistrate shall:

(a)

Advise the parties before him of his findings and ruling;

(b)

Advise the parties of their right to review by the judge of his findings and ruling;

(c)

Prepare findings and a written order that shall become the order of the court, absent a petition for review being filed as provided in subsection (5.5) of this section; and

(d)

Advise the parties that they have a right to object to an order allowing the review of any decree for placement of a child to be conducted as an administrative review by the department of human services and that if any party objects to administrative review, the court shall conduct the review.

(5)

Repealed.

(5.5)

A request for review must be filed within fourteen days for proceedings under articles 2.5, 4, and 6 of this title or within seven days for proceedings under article 3 of this title after the parties have received notice of the magistrate’s ruling and must clearly set forth the grounds relied upon. Such review is solely upon the record of the hearing before the magistrate and is reviewable upon the grounds set forth in rule 59 of the Colorado rules of civil procedure. A petition for review is a prerequisite before an appeal may be filed with the Colorado court of appeals or Colorado supreme court. The judge may, on his or her own motion, remand a case to another magistrate after action is taken on a petition for review.

(6)

A magistrate may issue a lawful warrant taking a child into custody pursuant to section 19-2.5-204 and may issue search warrants as provided in sections 19-1-112 and 19-2.5-205.

Source: Section 19-1-108 — Magistrates - qualifications - duties, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-19.­pdf (accessed Oct. 20, 2023).

19‑1‑101
Short title 19‑1‑102
Legislative declaration 19‑1‑103
Definitions 19‑1‑104
Jurisdiction 19‑1‑105
Right to counsel and jury trial 19‑1‑106
Hearings - procedure - record 19‑1‑107
Social study and other reports 19‑1‑108
Magistrates - qualifications - duties 19‑1‑109
Appeals - child welfare appeals workgroup - created - reports 19‑1‑110
Previous orders and decrees - force and effect 19‑1‑111
Appointment of guardian ad litem 19‑1‑111.5
Court-appointed special advocate 19‑1‑112
Search warrants for the protection of children 19‑1‑113
Emergency protection orders 19‑1‑114
Order of protection 19‑1‑115
Legal custody - guardianship - placement out of the home - petition for review for need of placement 19‑1‑115.3
Missing children and youth from out-of-home placement - required reporting to law enforcement 19‑1‑115.5
Placement of children out of home - legislative declaration 19‑1‑115.7
Foster care prevention services - provision of services - rights and remedies - exchange of information 19‑1‑116
Funding - alternatives to placement out of the home - services to prevent continued involvement in child welfare system 19‑1‑117.7
Requests for placement - legal custody by grandparents 19‑1‑123
Expedited procedures for permanent placement - children under the age of six years - designated counties 19‑1‑124
Providers of children’s services using federal or state moneys - use of state accounting standards 19‑1‑125
Family stabilization services 19‑1‑126
Compliance with the federal “Indian Child Welfare Act of 1978” 19‑1‑127
Responsibility for placement and care 19‑1‑129
Department - research authorized - prenatal substance exposure - newborn and family outcomes - report 19‑1‑130
Access to services related to out-of-home placement - definitions 19‑1‑131
Children of parents who are incarcerated - rules 19‑1‑201
Legislative intent 19‑1‑202
Creation of CASA programs 19‑1‑203
Program director 19‑1‑204
Training requirements 19‑1‑205
Selection of CASA volunteers 19‑1‑206
Appointment of CASA volunteers 19‑1‑207
Restrictions 19‑1‑208
Duties of CASA volunteer 19‑1‑209
Role and responsibilities of guardians ad litem - other parties 19‑1‑210
Access to information 19‑1‑211
Confidentiality 19‑1‑212
Liability 19‑1‑213
State CASA entity - duties - state court administrator duties - state court-appointed special advocate fund - definitions 19‑1‑301
Short title 19‑1‑302
Legislative declaration 19‑1‑303
General provisions - delinquency and dependency and neglect cases - exchange of information - civil penalty - rules - definitions 19‑1‑304
Juvenile delinquency records - division of youth services critical incident information - definitions 19‑1‑305
Operation of juvenile facilities 19‑1‑306
Expungement of juvenile delinquent records - definition 19‑1‑307
Dependency and neglect records and information - access - fee - records and reports fund - misuse of information - penalty - adult protective services data system check - rules 19‑1‑308
Parentage information 19‑1‑309
Relinquishments and adoption information 19‑1‑309.3
Exchange of information for child support purposes - process 19‑1‑309.5
Adoptive family resource registry
Green check means up to date. Up to date

Current through Fall 2024

§ 19-1-108’s source at colorado​.gov