July 21, 2019

HB 16-1309: Establishing a Defendant’s Right to Counsel in Certain Municipal Cases

On March 2, 2016, Rep. Susan Lontine and Sen. Vicki Marble introduced HB 16-1309Concerning a Defendant’s Right to Counsel in Certain Cases Considered by Municipal Courts. The bill was introduced in the House Judiciary Committee, where it passed, unamended, and was referred to the House Committee of the Whole. The bill passed Second and Third Readings in the House unamended and was assigned to the Senate State, Veterans, & Military Affairs Committee. The bill was amended in the State, Veterans, & Military Affairs Committee and referred to the Senate Finance Committee.

This bill applies to prosecutions for violations of municipal charters and ordinances. At the time of first appearance on a municipal charge, if the defendant is in custody and the charged offense includes a possible sentence of incarceration, the court shall appoint counsel to represent the defendant for purposes of the initial appearance unless, after a full advisement, the defendant makes a knowing, intelligent, and voluntary waiver of his or her right to counsel. If the defendant remains in custody, the appointment of counsel continues until the defendant is released from custody. If the defendant is released from custody, he or she may apply for court-appointed counsel, and the court shall appoint counsel if the court determines that the defendant is indigent and the charged offense includes a possible sentence of incarceration.

Max Montag is a 2016 J.D. Candidate at the University of Denver Sturm College of Law.

Town of Windsor Seeking Municipal Court Judge

The Windsor Municipal Court is seeking qualified candidates to preside over cases arising under the Town’s Home Rule Charter and Municipal Code, which exercises concurrent jurisdiction over violations of the Colorado Revised Statutes as provided by law. The new term on the court is scheduled to commence January 1, 2011.

Pursuant to the Town’s Home Rule Charter, the Windsor Municipal Court Judge is appointed by the Town Board for a term of two calendar years. The Windsor Municipal Court presently convenes its sessions in the evening on the second and third Thursday and intervening Tuesday of every calendar month.

Qualified individuals are encouraged to apply. Successful applicants will be attorneys in good standing who are admitted to the practice of law in the State of Colorado, and have no less than five combined years of experience prosecuting, defending and/or serving as a judge in a municipal court within the State of Colorado.

Interested attorneys may submit statements of qualifications to Kelly Arnold, Town Manager, 301 Walnut Street, Windsor, CO 80550, or by email. All applicant materials must be received by November 24, 2010.

Further information regarding the Windsor Municipal Court and Town of Windsor are available on the Town’s website.