§ 3.01.080. Trials.  


Latest version.
  • (a)

    Trial by jury. A defendant shall be entitled to a trial if:

    (1)

    The defendant is charged with an offense for which Section 16-10-101, et seq. , C.R.S., preserves the right to a jury trial; and

    (2)

    Within twenty-one (21) days after arraignment or entry of a plea, the defendant files with the Municipal Court a written jury demand and at the same time tenders a jury fee of forty-five dollars ($45.00), unless the jury fee is waived by the Judge because of the indigence of the defendant.

    A juvenile is not entitled to a trial by jury when the petition alleges a delinquent act which is a misdemeanor, a petty offense, a violation of a municipal or county ordinance or a violation of a court order.

    (b)

    Jury membership. The jury shall consist of three (3) jurors unless a greater number, not to exceed six (6), is requested by the defendant in a written jury demand. Jurors shall be selected from a jury list as provided for courts of record, and shall be paid the sum of:

    (1)

    Six dollars ($6.00) per day for actual jury service;

    (2)

    Three dollars ($3.00) for each day of service on the jury panel alone.

    (c)

    Trial to the Court. All other charges to which the defendant has pled not guilty, but for which the defendant has not perfected the right to a jury trial pursuant to Subsection (a) above shall be tried to the court with the Municipal Judge as factfinder.

(Ord. 5.02.6 §1, 2013; Ord. 5.02.5 §1, 2005; Ord. 5.02.4 §1, 1996; Ord. 5.02.3 §1, 1993; Ord. 5.29 §1(8), 1990)