A Municipal Court in and for the City is hereby created and
established pursuant to the Charter and all lawful authority of the
City of Grand Junction. This chapter supersedes and replaces §
13-10-101, C.R.S. et seq. in its entirety, except as otherwise set forth in
§
13-10-103, C.R.S.
(Ord. 4818, 12-5-18)
The Colorado Code of Judicial Conduct as may be amended and
revised from time to time (Judicial Code) is applicable to and shall
guide the conduct of all judges in and for the Municipal Court of
the City of Grand Junction. The judges shall use the Judicial Code
to guide them in achieving and maintaining the highest standards of
judicial and personal conduct. The Judicial Code shall provide a basis
for discipline for misconduct under the Judicial Code; misconduct
that arises out of or under a violation(s) of the City personnel policies
and/or conduct which the Council deems improper may be separately
disciplined by the City Council.
(Ord. 4818, 12-5-18)
In any action where only civil infraction(s), including but
not limited to traffic infraction(s), are alleged no jury trial is
allowed and no attorney shall be appointed for the defendant, except
in those instances where there is a counterpart State law which is
criminal and/or punishable by imprisonment. If the City Attorney does
not appear, then the officer shall offer sworn testimony to the facts
concerning the alleged infraction. The defendant may then offer sworn
testimony and evidence and shall answer questions, if such testimony
is offered, as may be asked by the Court. If the testimony of additional
witnesses is offered by either side, the order of testimony and extent
of questioning shall be within the discretion of the Court. Upon the
conclusion of such testimony and examination, the Court may further
examine or allow examination and rebuttal testimony and evidence as
deemed appropriate. At the conclusion of all testimony and examination,
the defendant or counsel shall be permitted to make a closing statement.
The Colorado Rules of Evidence shall not apply in such actions. If
all elements of a civil infraction are proven beyond a reasonable
doubt, the Court shall find the defendant guilty and enter appropriate
judgment. If any element of a civil infraction is not proven beyond
a reasonable doubt, the Court shall dismiss the charge and enter appropriate
judgment; provided, however, that the Court may find the defendant
guilty of a lesser included civil and/or traffic infraction, if based
on the evidence offered, and enter appropriate judgment. If a defendant
fails to appear for an arraignment or a trial for a civil infraction
that does not have a counterpart State law which is criminal and/or
punishable by imprisonment, then the Court shall issue a default judgment
for the charge(s). Appeal procedures shall be in accordance with Colorado
Criminal Procedure Rule 37.
(Ord. 4818, 12-5-18)