THE CHARTER.
Article VI. Municipal Court and City Attorney.
Sec. 1. Municipal court--Created; powers generally.
Sec. 2. Same--Judge; council to provide place, supplies, etc.; forms for complaints, etc.
Sec. 3. Same--Penalties.
Sec. 4. City attorney.*
Sec. 5. Special counsel.
Sec. 1. Municipal court--Created; powers generally.
There shall be a municipal court which shall have jurisdiction to hear and
determine all cases arising under this Charter or the ordinances of the city,
subject to appeal to the district court in the manner provided by law for
appeals from municipal court to district court. The court may punish contempt of
court by fine or by imprisonment, or both, in like manner as a court of record
may do; may enforce its orders and judgments in like manner as a court of record
may do, and as provided by general law; and may render final judgment on any
forfeited bond or recognizance returnable to such court subject to appeal as in
other cases. Cash bonds may be provided for or taken in lieu of property,
individual or corporate surety bonds. (Ord. No. 747, § 1.)
Sec. 2. Same--Judge; council to provide place, supplies, etc.; forms for complaints, etc.
The municipal court shall be presided over, and its functions exercised by
a judge, who shall be a licensed member of the bar of this state in good
standing, appointed by the city council, for a term to be at the pleasure of the
council. If no qualified member of the bar satisfactory to the council is
available and willing to serve, any other person may be appointed until a
qualified member of the bar is willing to accept. He shall receive a fixed
salary or compensation not dependent upon the outcome of the matters to be
decided by him, and to be fixed by ordinance from time to time. If absent,
disqualified, or unable to act in any matter or case, the municipal judge may
call any eligible person to act and serve temporarily; and, if he fails to or
cannot call in a substitute, the council shall appoint a substitute. The council
by ordinance shall provide for trial by jury, but there shall be no change of
venue from said court.
The council shall provide a suitable place and all
supplies and things necessary for the proper functioning of the court.
The
forms of complaints and all other rules, procedure, proceedings, costs and fees
in the municipal court, shall be prescribed by ordinance, upon the
recommendation of the municipal judge. (As amended April 4, 1961.)
Sec. 3. Same--Penalties.
The council shall provide for the enforcement of its ordinances by fine or
imprisonment or both, as established by ordinance. (Ord. No. 748, §
1.)
Sec. 4. City attorney.*
Appointment and qualifications. The council shall appoint a city
attorney who shall serve at the pleasure of the council. He/she shall have been
a duly licensed attorney in the State of Colorado for at least three years
immediately prior to his/her appointment. The council shall fix the compensation
of the city attorney.
Functions. The city attorney shall be the legal
advisor of the council and all employees of the city in matters relating to
their official powers and duties. He shall represent the city in all legal
proceedings, draw all ordinances, and prepare all other legal documents. He
shall attend all council meetings and perform all services incident to his
position as may be required by this Charter, ordinances, or the council. In all
legal proceedings concerning the city, he nor any member of his firm shall
represent the opposition. (Ord. No. 906 § 3 (part).)
* Annotator’s Note: For further clarification, please refer to
Ordinance No. 864, Series 1998.
Sec. 5. Special counsel.
The council may, in special cases, employ special counsel to assist the
city attorney if deemed necessary and advisable under the
circumstances.
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