B.  Magistrates

C.R.M. 6
Magistrates are authorized to enter orders and judgments in judicial proceedings. 

C.R.S. § 13-5-201(3)
Unlike judges, they may not preside over jury trials. 

C.R.M. 5(f)
They also may not decide whether a state constitutional provision, statute, or municipal ordinance is constitutional. 

C.R.M. 5
Magistrates may administer oaths and issue citations for contempt. 

C.R.M. 2
Their proceedings must comply with the Colorado Rules for Magistrates (C.R.M.) unless modified by the Children’s Code.

C.R.M. 4, 6 and 8
Magistrates are appointed by the juvenile court. 

C.R.S. § 19-1-108
Generally, they must be licensed to practice law in Colorado with at least five years of experience (non-lawyer judges may be appointed to hear detention hearings). 

C.R.S. § 13-1-109
The chief judge of the district court, or, in Denver, the presiding judge of the juvenile court, supervises magistrates. Magistrates serve at the pleasure of the court.

C.R.S. § 19-1-108(3)(a.5)
In re Petition of R.G.B., 98 P.3d 958 (Colo. App. 2004)
Parties have a right to a judge. At the first advisement hearing, the magistrate must inform the parties of this right. 

People in the Interest of A.P.H., 98 P.3d 955 (Colo. App.  2004)
In A.P.H., the Court of Appeals held that it was reversible error for a magistrate not to properly advise parties of their right to have the case heard by a judge. 



This right, however, does not apply at:
  • Temporary custody hearings;
  • Proceedings under the Uniform Parentage Act;
  • Default hearings;
  • Post-judgment proceedings;
  • Settlement conferences; or
  • Child support under C.R.S. 26-13-101 et seq. and C.R.S. 19-6-101 et seq.
People in the Interest of T.E.M., 124 P.3d 905 (Colo. App. 2005)
A party may waive the right to a formal advisement. 
C.R.S. § 19-1-108(3)(a.5)
The right is deemed waived unless, when the matter is set for a hearing before the magistrate, the attorney objects or, if counsel was not present when the matter was set, the request is made within five days after the notice was received. 

C.R.S. § 19-1-108(3)(a.5) and (5.5)
C.R.M. 7
A party who waives the right to a judge is bound by the magistrate’s findings. The party, however, may request that a judge review the magistrate’s findings and rulings.

C.R.S. § 19-1-108(3)(a.5) and (c)
Magistrates hold hearings in the same manner as judges. After the hearing, a magistrate must announce findings and rulings and prepare a written order. 

C.R.S. § 19-1-108(4)
At that time, the magistrate must advise the parties of their right to request a judge’s review of the findings and rulings. 

C.R.S. § 19-1-108(5.5)
C.R.M. 5(b).
This is necessary in order to obtain appellate review of the case.



The role of juvenile court judges and magistrates is an important one.  One judge has stated:

Judges must never forget that changes in the juvenile court must come from them. No one else has the responsibility for day-to-day operation of the court process including adequate representation, ensuring adequate facilities, overseeing security, ensuring that necessary papers get to all parties, collecting data on court operations, providing oversight of social service activities, ensuring that children reach permanency in a timely fashion and more. True judicial leadership is the appreciation that in addition to calendar management, other issues must be addressed and that judges must take responsibility to see that they are.  No one else will.

Judge Leonard Edwards, San Jose, California.