CHAPTER VIII
MUNICIPAL COURT AND LEGAL DEPARTMENT
Section 8.1 Municipal Court — Jurisdiction.
a. There shall be a Municipal Court which shall have jurisdiction to hear and determine all cases regarding offenses arising under this Charter and the ordinances of the City. Provided, however, the total penalty, including costs that may be imposed by the Court for any one case shall not exceed the jurisdictional limits of a municipal Court imposed by the State Statutes.
b. The Court may punish contempt of Court by fine or by imprisonment or both as determined by the Court unless limited by ordinance.
c. The Court may enforce its orders and judgments in like manner as a Court of record may do, and as provided by general law, and may enter final judgment on an unpaid fine, court costs, or forfeited -bond or recognizance returnable to such Court, subject to appeal as in other cases.
d. TIME LIMITATIONS
(1) No citation, warrant, writ or any other legal process of the Municipal Court shall be issued, be served or executed, as the result of final judgment on offense, including action for the recovery of any unpaid fine, court cost, or bond forfeiture or recognizance after two (2) years from the date of commission of the said offense unless changed by ordinance.
(2) No prosecution of any offense under the ordinances of the City shall be had in the Municipal Court after one (1) year from the date of commission of the said offense unless changed by ordinance.
(3) No period of time during which the defendant is outside the jurisdictional limits of the Court, his whereabouts is unknown, his case is on appeal to a higher court, or delay is caused by the defendant, shall be considered in the time limitations set forth in this Section.
Section 8.2 Municipal Court Oath of Office.
The Court shall take an oath or affirmation upon assuming the duties of his office that he will support the Constitution and the laws of the United States and of the State of Colorado, the Charter, and the ordinances of the City and will faithfully perform the duties of the office upon which he is about to enter.
Section 8.3 Municipal Court — Facilities.
The Council shall provide a suitable place, supplies and other things necessary for the proper functioning of the Court.
Section 8.4 Municipal Court — Court of Record.
The Municipal Court shall be a qualified municipal court of record, and all proceedings therein and evidence at trials shall be kept by verbatim record by either electric devices or stenographic means.
Section 8.5 Municipal Judge — Qualifications, Appointment and Compensation.
a. The Municipal Court shall be presided over by a Judge who is a qualified elector of the State of Colorado, an Attorney at Law admitted to practice before the Supreme Court of Colorado, who is at least twenty-five (25) years of age, a resident of Arapahoe County, and shall have been engaged in the active practice of law for at least five (5) years. He shall be appointed by the Council to serve for a term of four (4) years unless sooner terminated for cause as determined by a majority vote of the entire Council in office at the time the vote is taken. A judge may be removed for cause if.
(1) He is found guilty of a felony or any other crime involving moral turpitude.
(2) He has a disability which interferes with the performance of his duties, and which is, or is likely to become of a permanent character.
(3) He has willfully or persistently failed to perform his duties.
(4) He is habitually intemperate.
b. All judges appointed under this Section shall receive a fixed salary or compensation with other fringe benefits as determined by Council, not dependent upon the outcome of the cases or matters to be decided.
c. Council may appoint other regular judges to assist the presiding judge under such terms, conditions and qualifications as shall be determined by Council; provided, however, no judge shall receive a salary or compensation that is dependent upon the outcome of cases or matters to be decided, and provided further, that the qualifications of the regular judges shall be at least equal to those set forth in Section 8.5, subsection a.
d. In the event all regularly appointed judges are absent, disqualified or unable to act in any matter or case, the presiding judge may call any eligible person to act and serve temporarily as a substitute judge and in the event the presiding judge fails or is unable to obtain a substitute judge, the Mayor shall appoint an eligible person to serve as a substitute judge.
(1) “Eligible person,” as used in this Section, shall mean a person who has at least those qualifications set forth in Section 8.5, subsection a.
Section 8.6 Municipal — Other Duties, Functions and Powers.
a. The forms of the Summons and Complaint and all rules, procedures and proceedings in the Municipal Court shall be fixed and determined by the presiding municipal judge unless Council, by ordinance, determines otherwise.
b. The presiding judge shall determine the method of summoning jurors and witnesses, of securing the presence of accused persons and shall determine the costs for docket fees, witness fees, jury fees, transcript costs, appeal costs and other costs, unless Council by ordinance determines otherwise.
(1) No Rule of Court or ordinance as authorized in this Section shall be contrary to the requirements of the due process of law set forth in the Constitution of Colorado and the Constitution of the United States.
Section 8.7 Appeals from the Municipal Court.
Appeals from decisions of the Municipal Court shall be as provided in the Colorado Municipal Court Rules regarding appeals from Courts of Records (Rule 237 (b), C.M.C.R). The city shall not have the right to appeal from any judgment of the municipal court concerning a violation of any charter provision or ordinance, but this section shall not be construed to prevent the city from maintaining any action to construe, interpret, or determine the validity of any ordinance or charter provision in such proceedings. The Council, may by ordinance, provide such other bond terms and conditions not inconsistent with the State Statutes.
Section 8.8 Municipal Court Clerk.
a. The City Manager shall appoint a Clerk of the Municipal Court and such deputies as he deems necessary, whose salaries shall be fixed by the Council. Such appointee or appointees may be the same person or persons assigned to the Administrative Department.
b. The Municipal Court Clerk and the Deputy Municipal Court Clerks shall have such duties and authority as are fixed by this Charter, by ordinance, or by rules of the Municipal Court.
Section 8.9 Legal Department — Appointment and Qualifications.
a. The Council shall appoint a City Attorney for an indefinite term to serve until termination by majority vote of the entire Council in office at the time the vote is taken.
b. The City Attorney shall be an Attorney at Law admitted to practice law before the Supreme Court in the State of Colorado and have a minimum of five (5) years experience in the active practice of law.
Section 8.10 Legal Department — Duties.
a. The City Attorney shall act as legal advisor to, and be attorney and counsel for, the City and shall be responsible solely to the Council. He shall advise any officer, department head or employee of the City in matters relating to official duties.
b. The City Attorney shall prepare or review all ordinances, contracts, bonds and other written instruments which are submitted to him by the Council and City Manager and shall promptly give his opinion as to the legal consequences thereof.
c. The City Attorney shall call to the attention of the Council all matters of law, and changes or developments therein, affecting the City.
d. The City Attorney shall perform such other duties as may be prescribed for him by this Charter or by Council.
Section 8.11 Legal Department — Assistance.
a. The Council may provide the City Attorney such assistance as the Council may deem necessary.
b. Upon recommendation of the City Attorney, or upon its own initiative, the Council may retain special legal counsel to handle any matter in which the City has an interest, or to assist the City Attorney therein.
Section 8.12 Legal Department — Compensation.
a. The compensation of the City Attorney shall be set by Council.
b. Any agreement for compensation of special legal counsel shall be made only upon approval of the Council.
Section 8.13 Jurisdiction for Service of Legal Process.
a. Summons, complaints, citations, warrants, writs or any other legal process issued by any Court in the State may be served by any law enforcement officer in this City within the City limits of the Town of Glendale; provided, however, the costs of any such service shall be paid in advance by the forwarding agency to the Town of Glendale.
b. Summons, complaints, citations, warrants, writs, or any other legal process issued by the Municipal Court of the City of Glendale may be served or executed outside the City of Glendale as permitted by statutory law.