Attorney Practice Guide
2004
Colorado Springs Municipal Court is a limited jurisdiction court-of-record which hears charter and ordinance violations of the City of Colorado Springs. Maximum punishment for each violation includes a fine up to $500 and incarceration up to 90 days, or both. Court proceedings are governed by the Colorado Rules of Municipal Court procedure, state statutes, city ordinances and local orders.
CLERK OF COURT: 8:00 AM - 5:00 PM MON - FRI MAILING
ADDRESS: P. O. BOX 2169 CSC 80901-2169
PHONE: 385-5922, OPTION 3FAX: 385-6190
E-MAIL:
PROBATION DEPARTMENT: 8:00 AM - 5:00 PM MON - FRI
MAILING ADDRESS: P. O. BOX 2169 CSC 80901-2169
PHONE: 385-5923FAX: 385-6202
CITY ATTORNEY'S OFFICE: 8:00 AM - 12:00 PM & 1:00 PM - 5:00 PM MON - FRI
MAILING ADDRESS: P.O. BOX 2169 CSC 80901-5175
PHONE: 385-5925FAX: 385-6438
E-MAIL:
MARSHAL'S OFFICE: 8:00 AM - 5:00 PM MON - FRI
PHONE: 385-5915FAX: 385-6126
1.Appeals/Transcripts: Appeals are governed by Municipal Rule 237, which closely follows Rule 37 applicable to County Courts in Colorado. Appeals must be filed in the Municipal Court & District Court within 30 days of sentencing. A copy of the notice of appeal and designation of record must also be filed with the City Attorney’s Office. Parties filing appeals must also include a Promise-to-Reappear form at the time of filing. Contact: Veronica Byrd @ 385-6302 Fax: 385-6203 E-mail:
2.Appearance of Counsel, Entry of: Counsel may mail or fax their entry of appearance to the Clerk’s Office prior to their initial appearance in court. Notification may also be made in person in the Violations Bureau at 224 E. Kiowa Street, Room 108. In the computer system, the court maintains a master list of those attorneys who practice in the municipal court. Notices are sent to the addresses maintained in the computer. Please advise us of any address & phone number changes so that these changes may be updated in the computer. Contact: Violations Bureau @ 385-5922, Option 3 Fax: 385-6190
3.Appointment of Counsel: For 2004, the court has contracted with six private practitioners to provide primary representation for indigent defendants. Essentially, these six attorneys constitute a ‘public defenders’ office for the Municipal Court.
Other attorneys may request that the court place them on an overflow list, which is maintained by the court as a resource to draw upon when the six forming the primary list receive their maximum number of appointments for a given month.
Determination of indigency has been delegated by the court to the Probation Department. In order for a 'court appointed attorney' to be considered, the defendant must face the possibility of incarceration. If the city attorney waives jail, the defendant would not be considered for court appointed counsel, however, he/she could obtain counsel on his/her own.
The court pays attorneys on the ‘overflow’ list at a rate of $50/hr. in-court, and $40/hr. out-of-court, with maximum ceilings limited to $100 for standard cases resolved without trial, and $500 for cases resolved by trial. Time spent waiting in court for a case to be called is billed at the $40 rate. Counsel with excessive time involved in representation of indigent clients may petition the court for excess fees. The court may or may not grant the petition.
GETTING ON THE ‘OVERFLOW’ LIST: Send a letter to the court, Attention: Steve Wheeler, expressing your desire to be placed on the overflow list. Indicate your name, address, social security number, bar registration number, and telephone number. For tax purposes, also indicate whether payment should be made in the name of yourself or your firm.
BILLING: When an attorney is appointed, the defendant will be given a form indicating the name of the attorney appointed and their address and phone number. The defendant will be told to make contact with the attorney within 72 hours. A copy of the appointment forms, which includes a billing form, will be sent to the attorney by the court. When the case is completed, itemize on the form the hours spent on the case and return it to the court. If there is anything unusual involved in the representation, please bring this to our attention by way of a cover letter. Contact: Steve Wheeler @ 385-6301 E-mail:
4.Arraignments: are held Monday through Thursday in Divisions 1 and 2 of the Municipal Court. Defendants charged with traffic violations are arraigned at 8:30 am. in Divisions 1 and 2; and at 1:30 p.m. in Division 1. Defendants charged with criminal violations are arraigned at 1:30 p.m. in Division 2.
Those entering pleas of guilty may explain any mitigating circumstances to the judge and will generally be sentenced on that date. Those entering pleas of not guilty on traffic violations will be sent to an adjacent room and will be afforded a pretrial conference with the prosecutor at that time. Traffic and criminal cases not resolved through that day’s pretrial conference will be set for trial, another pretrial conference, or a hearing before a court referee at a later date.
5.Collections: Defendants who are sentenced to pay fines, costs or reimbursements for court appointed counsel, and are unable to make payment in full on the day of sentencing or within 48 hours of sentencing, may request the court to establish a time payment plan. Payment plans are established in the Probation Department, with an additional $25 fee on plans exceeding 48 hours. The defendant, or juvenile defendant w/parent will also be required to complete a financial affidavit. An attorney may establish a payment plan for their client if they are willing to guarantee payment by the date due. Otherwise, this is an exercise for which the client must appear. Contact: Probation @ 385-5923
6.Continuances: The court will generally grant ONE continuance of a proceeding prior to the court date. If the case has been set for trial and the continuance is requested by counsel, the prosecution must agree to the continuance for a clerk to administratively reschedule the date. If the prosecutor doesn’t agree, a motion is set before a judge. A defendant’s continuance of a pretrial conference or referee hearing, after plea has been entered, stops the 90 day speedy trial clock. A continuance of a trial date resets the 90-day clock to start anew on the next trial date. Attorneys may enter their appearance and continue the arraignment date for their client over the phone prior to the scheduled date.
Call the scheduling counter at 385-5922 Ext. 3 (preferably after 3:30 p.m.), enter your appearance and obtain a pretrial conference date and time from the clerk. You will be asked to confirm the new appearance date in writing. The clerk will not be able to grant a continued court date if the court has not received its copy of the summons and complaint from the Police Department. It generally takes three or four days for the court to receive its copy. Contact: Violations Bureau @ 385-5922, Option 3 Fax: 385-6190
7.Discovery: The clerk is the records custodian of cases in Municipal Court. The Police Department is the criminal justice records center for the 4th Judicial District. The city attorney is not a custodian of records. Through arraignment, all case records are maintained in the court case files at the Violations Bureau. The case/record at this stage commonly consists of the summons and complaint and officer’s affidavit. Anyone may examine an active adult case file. Copies will be made upon request at a cost of 50 cents per copy. If the case is not resolved at the initial appearance, the officer’s affidavit is sent to the prosecutor. At that point, discovery requests should be filed with the City Attorney’s Office in Room 410.
A discovery form must be completed by the requestor. Copies will be made upon request at a cost of 50 cents per copy, unless the attorney has been appointed by the court to represent an indigent defendant. Discovery request forms may also be filed with the prosecution by mail. To access the discovery form, access Request for Discovery, complete and file with City Attorney's Office. Contact: City Attorney Legal Assistants @ 385-5925 Fax: 385-6438
8.Divisions of Court (courtrooms): All court hearings are held in the Municipal Court building at 224 E. Kiowa Street. Because judges serve part-time, cases are assigned to divisions by proceeding type.
Division 'R' is the Referee hearing room located on the 3rd floor, Room 340.
Division 1 is on the 1st floor, Room 110: 8:30 am & 1:30 pm Mon. – Thurs., traffic arraignments and pretrials. At 9:00 am. on Fri., deferred sentences & misc.
Division 2 is on the 2nd floor, Room 210: 8:30 am Mon. – Thurs., traffic arraignments. 8:30 am Fri., pre trials. 1:30 pm on Mon. – Thurs., criminal arraignments
Division 3 is on the 2nd floor, Room 220: 9:00 am Mon. – Thurs., trials & misc. 8:30 am Fri. jury trials (1st jury trial). 1:30 pm Mon. – Thurs., pretrials. 3:00 pm Wed. Jury Orders Hearings
Division 4 is on the 3rd floor, Room 310: 8:30 am Tues. – Thurs., pretrials. Mon., 9:00 am trials, 8:15 am Fri. jury trials (2nd jury trial), 1:30 pm Mon. – Thurs. trials & misc.
Division 5 is on the 3rd floor, Room 320 - 8:15 am Mon. – Fri., jail. 8:30 am Fri., jury trials (3rd jury trial) 1:30 pm Mon. – Thurs. trials & misc.
9.Documents, Filing of: Counsel may file documents with the clerk in person, by mail, or by fax. When filed in person, counsel may request the clerk to note the date and time of filing by hand. Only one copy of any document should be filed with the court. The prosecution is also sent a copy by the document filer. Clerks will file documents in the appropriate court case files. Contact: Violations Bureau @ 385-5922, Option 3 Fax: 385-6190
10.Facilities: Courtrooms, City Marshals, Violations Bureau, Probation Department, and the City Attorney's Office are located in the Robert M. Isaac Municipal Court building at 224 E. Kiowa Street. In-custody arraignments and pretrial conferences are conducted at the Criminal Justice Center at 2739 E. Las Vegas Street, and are heard and seen over video in Division 5.
11.Forms: Most paper forms used in the Municipal Court are printed from the court’s computer system. Copies of general forms are available from the clerk’s office.
12.Jail: Defendants in the custody of the sheriff appear for arraignments and pretrial conferences in Municipal Court over closed circuit TV from the Criminal Justice Center. The clerk will send a notice to each attorney of record prior to a court hearing on an incarcerated defendant indicating the hearing date and time. Counsel is encouraged to contact the clerk between 6:00 am and 8:00 am of the hearing date to make sure that the defendant remains incarcerated. Call the clerk @ 390-2119. For in-custody defendants, counsel may appear in either Division 5 or at the Criminal Justice Center. Our experience indicates that it is easier to speak with the prosecutor by appearing in Division 5. Contact: Mary Martinez @ 385-6445 or 390-2119 from 6:00 am to 8:00 am, or E-mail: , or contact any Courtroom Assistant @ 385-5924.
Juvenile defendants incarcerated in the Zebulon Pike or Spring Creek Detention Centers are transported to the court building for all appearances. Arraignments and pretrials on detained juveniles are heard in Division 5 at 8:30 am. Contact: Tammy Guerin @ 385-6212. E-mail: or contact any Courtroom Assistant @ 385-5924
13.Judges: Municipal judges serve the court on a part-time basis. Each maintains an individual law practice, or serves in other courts. Judges should be contacted at their individual offices. Their Municipal Court schedules are maintained by the Clerk’s Office. Judges are appointed by City Council upon nomination by the El Paso County Bar Association. Contact: Steve Wheeler @ 385-6301 E-mail: swheeler@ springsgov.com
14.Jury Trials: are available on all but the most petty municipal ordinance violations. City Council has enacted an ordinance prohibiting jury trials on certain minor offenses. Juries are composed of panels of three to six jurors in Municipal Court. The number of jurors will be three, unless otherwise specified by the defense when the trial is set. By rule, a $25 jury deposit must be posted within 10 days of entry of plea.
JURORS: City residents are summoned to appear as jurors in Municipal Court each Friday. Random selection is by computer. Source lists include registered voters and drivers licenses. The court operates a One-Day – One Trial jury system. Jurors are subject to serve simply for a single day, unless the trial on which they are seated carries over to subsequent days.
Because service is only a single day, the court does not excuse potential jurors from their duty. Continuances to another service date, however, are freely granted one time. Weekly jury pool composition lists are available from the jury commissioner upon request. Contact: Carrie Gordon, Jury Commissioner @ 385-6446, E-mail: or Linda Furrer, Assistant Jury Commissioner, E-mail:
15.Juveniles: Municipal Court exercises jurisdiction over both adult and juvenile defendants charged with violations of city charter or ordinance. Juveniles charged with criminal violations do not face the possibility of incarceration upon conviction, except when held in contempt of court. Prosecution of juvenile defendants is handled essentially the same as prosecution of adult defendants. Statutory procedural provisions of the Children’s Code (CRS Chapter 19) do not apply to prosecutions of juveniles in Municipal Court.
The court requires a parent or guardian to appear with any juvenile appearing in court or otherwise transacting business with the court.
Records of juvenile proceedings are not available for public inspection. They are available to counsel of record and to law enforcement officials for law enforcement purposes. Motions for expungement or sealing of Municipal Court juvenile records are filed with the clerk of the district court. Children’s Code provisions regarding records do apply to Municipal Court. Contact: Steve Wheeler @ 385-6301 E-mail:
16.Motions Practice: Unless directed by the court, motions in Municipal Court are generally made orally on the record. Written motions may be submitted by counsel by mail, fax, or in person at the Violations Bureau. A single copy of the motion for the court case file is all that is required. Contact: Violations Bureau @ 385-5922, Option 3 Fax: 385-6190
17.Orders: Written motions should be accompanied by a blank order which Counsel expects the judge to sign if the motion is granted.
18.Payments: Fines, costs, bonds, restitution, photocopies, parking tickets, etc. are accepted at the counter in the Violations Bureau of the Clerk’s Office. Payments made in person must be in cash, personal or corporate check, or money order. The court will accept payments from counsel for their clients. (See Collections for extensions of payment times). The court has implemented a system which allows people to make payments to the court via credit card (Visa/Mastercard) from home. Call 578-6951. Exceptions are cash bonds and boot fees. Contact: Violations Bureau @ 385-5922, Option 3
19.Photocopies: of public records in court case files may be made upon request by Municipal Court Clerks or Legal Assistants. By ordinance, the court charges 50 cents per copy.
20.Pretrial Conferences: are conducted by the prosecution Monday thru Friday, on the arraignment date for traffic violations, and at a later date for criminal violations. Counsel entering their appearance may continue the arraignment or pretrial conference date to a later, more convenient date. See continuance procedures. Contact: Violations Bureau @ 385-5922, Option 3 Fax: 385-6190
21.Probation: The Municipal Court Probation Department offers a variety of probation services: traffic safety school referrals, behavior and anger control education, public service work, counseling, group therapy, administration of Antabuse, pre-sentence investigations, and formal probation supervision. All services are brokered to private sector resource providers. Some service providers do charge fees for their services. Some offer payment arrangements on a sliding scale. For indigent defendants, these fees are paid by the city.
Probation case intakes and referrals are made by the probation staff located in Room 230. Referrals to private providers all require the involvement of the defendant. Counsel may accompany their clients to probation intake sessions, but the client must appear for the intake. Client intake is processed on a first-come, first-serve basis in the order clients are referred from the courtrooms. Because of the volume of people referred, clients may wait in excess of an hour or more to be served. Attorneys needing to speak with probation staff may arrange for an individual intake session at a later date.
PRE-SENTENCE INVESTIGATIONS are also conducted by a private contractor. PSI interviews are scheduled at the Probation Department immediately after the judge orders them. The actual interview may be conducted at T.I. Probation Services at 109 E. Kiowa Street, at a later date. PSI reports will be made available to counsel and their clients immediately before the sentencing hearing in court.
PUBLIC SERVICE is worked out at the rate of $7.00 an hour if converting fines and costs. When possible, public service referrals make use of individual interests and talents. Before public service is arranged, the Probation Department may require a collection payment plan to be established. In those circumstances, the defendant is provided the opportunity to pay their fines and costs over a period of time, rather than immediately being referred for public service work. Probation records are working papers of the Probation Department. Except for Presentence Investigation Reports, probation records are not subject to discovery. Contact: Probation Department @ 385-5923