The court is going to start today by giving an advisement of rights for children alleged to be in violation of the Colorado school attendance law, or cited for contempt of court. Both the child and his or her parents or guardians are ordered to listen and pay attention, as I will outline your rights with regards to the case.

This is a magistrate division of the juvenile court. For every hearing, you have a right to request that a judge hear this matter. If you wish to exercise your right to have this matter heard by a judge, you must make your request at the start of the hearing. If you do not object to the magistrate hearing the matter, you will be bound by the findings and orders of the magistrate, subject to a request for review.

If you are here because the school district has filed a petition with the court, in which it is alleged that you are in violation of the Colorado school attendance law, you have the following rights.

• You have the right to have a hearing, or trial, to determine if the allegations in the petition are true.  At that hearing, it would be the responsibility of the school district to convince the court by a preponderance of the evidence that you have violated or are not in compliance with the school attendance law.

If the court finds those allegations to be true, or if you admit them, then the court may enter an order directed to you, or your parents, or both, to follow an appropriate plan that addresses problems affecting your school attendance.

If you or your parents are here because of a contempt citation, you have the following rights:

• The right to proof beyond a reasonable doubt that you willfully failed or refused to comply with the court’s order.  
• You have the right to plead guilty or not guilty to the charges.  
• You have the right to remain silent, and the right to testify at trial in your own behalf.  
• You have the right to make statements in your own behalf at sentencing.

If the court finds the allegations of the contempt citation true, or if you admit them, the court may sentence you for a period of not more than six months in the detention center, or may impose a fine. The court may sentence an adult for a period of not more than six months in the county jail, or may impose a fine.

In all proceedings, you have the right to an attorney. If you cannot afford to hire an attorney, and if you qualify under the Supreme Court guidelines, the court will appoint an attorney to represent you. You have the right to have subpoenas issued to compel witnesses to testify in your own behalf, and to confront and cross-examine witnesses who testify against you.

Any party has the right to appeal any final decision of the court. If you want to appeal the findings or orders of the magistrate, you must file a request for judicial review within fifteen days after you have received notice of the findings or rulings. If you wish to appeal a magistrate’s ruling to the court of appeals, you must first have filed for judicial review of that ruling.

If you have any questions about this advisement, please bring them to the attention of the magistrate when your case is called.