A. Appointment And Removal:
1. Appointment; Qualifications: The municipal court shall be presided over by a municipal judge, who shall be appointed after each biennial election by the municipal governing body, and may be reappointed for a subsequent term or terms, except that the initial appointment under this section may be for a term of office which expires on the date of the next election of the municipal governing body. In order to qualify the court as a qualified municipal court of record, the judge of such court shall be an attorney who has been admitted to and is currently licensed in the practice of law in Colorado. Any vacancy in the office of municipal judge shall be filled by appointment of the municipal governing body for the remainder of the unexpired term. (1997 Code § 2.44.040; amd. 2016 Code)
2. Additional Judges: The municipal governing body may appoint such additional municipal judges or assistant judges as may be necessary to act in case of temporary absence, sickness, disqualification or other inability of the presiding municipal judge to act.
3. Presiding Judge: In the event that more than one municipal judge is appointed, the municipal governing body shall designate a presiding municipal judge, who shall serve in this capacity during the term for which he was appointed.
4. Removal: A municipal judge may be removed during his term of office only for a cause. A judge may be removed for cause if:
a. He is found guilty of a felony or any other crime involving moral turpitude;
b. He has a disability which interferes with the performance of his duties and which is, or is likely to become, of a permanent character;
c. He has wilfully or persistently failed to perform his duties; or
d. He is habitually intemperate. (1997 Code § 2.44.040)
B. Qualifications: Because the court is a qualified municipal court of record, the court shall keep a verbatim record of the proceedings and evidence at trials by either electric devices or stenographic means. The qualifications for the office of judge are that the judge has been admitted to and is currently licensed in the practice of law in Colorado. (1997 Code § 2.44.050)
C. Oath And Bond: Before entering upon the duties of his office, the municipal judge shall take and subscribe, before a judge of a court of record, and file with the board an oath or affirmation that he will support the constitution of the United States and the constitution and laws of the state of Colorado and the ordinances of the town and will faithfully perform the duties of his office. The municipal judge shall give bond to the town in the amount of two thousand dollars ($2,000.00) which shall be approved by the board and be conditioned on the faithful performance of the duties of the office of the municipal judge, and for the faithful accounting for and payment of all monies coming into his hands by virtue of the office. (1997 Code § 2.44.060)
D. Salary: The annual salary of the municipal judge shall be set by the board and payable as other salaries to municipal employees. The board shall from time to time budget and appropriate monies necessary for the compensation of the municipal judge. (1997 Code § 2.44.070)
E. Presiding Judge; Powers: The presiding municipal judge shall have full power and authority to make and adopt rules and regulations for conducting the business of the municipal court. Such rules and regulations shall be reduced to writing. (1997 Code § 2.44.080)
F. Ex Officio Clerk: The judge shall also be ex officio clerk of the court unless a separate clerk of the municipal court shall have been appointed by the judge by and with the consent of the board. (1997 Code § 2.44.090)
G. Powers And Procedures: The municipal judge of any municipal court shall have all judicial powers relating to the operation of his court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the Colorado supreme court. The presiding municipal judge of any municipal court shall have authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado supreme court. (1997 Code § 2.44.110)
H. Municipal Prosecutor: A municipal prosecutor shall be appointed after each biennial election and shall prosecute all municipal court cases. Vacancy provisions shall be the same as for all others. (2016 Code)