Frequently Asked Questions about jury trials in Colorado Municipal Courts.
Questions about a defendant’s right to jury trial in the Colorado Municipal Courts
Questions about the Day of Trial
Postponement/Disqualification
Employer Related Questions
Questions about a defendant’s right to jury trial in the Colorado Municipal Courts:
May I have a jury trial in a Colorado Municipal Court?
The United States and Colorado Constitutions grant defendants in criminal trials the right to trial by jury. The right to a jury trial is a fundamental right, People v. Curtis, 681 P.2d 504 (Colo. 1984). Both state statutes C.R.S. 13-10-101, and C.M.C.R. 223, recognize the right to a jury trial in municipal court prosecutions. Exceptions have been made for minor traffic violations, which have been decriminalized and no jail sentence may be imposed. See C.R.S. 42-4-1701 et seq.
Some cities have by ordinance provided for no jury trial for violations allegedly committed by minors, for which no jail term may be imposed.
How do I demand a jury trial for my case?
C.M.C.R. 223 provides a defendant shall have a trial to the court unless a defendant, within 21 days after arraignment or entry of plea, files with the court a written demand for a jury trial, and at the same time, tenders to the court a jury fee of $ 25. The judge may waive the jury fee for indigence of the defendant. A defendant who fails to file the written demand within twenty-one days waives the right to a jury trial. C.R.S. 13-10-114(4) and C.R.S. 16-10-109.
Where do I find an example of a demand for jury trial?
A sample demand for jury trial may be found under the Self Help-Forms.
How many jurors will my jury consist of?
In the Colorado Municipal Courts the jury shall consist of three people unless the defendant in his or her jury demand requests a greater number not to exceed six people.
Questions about the Day of Trial:
May I bring children to jury service?
Children are not allowed to attend jury service.
What do I do if I lost my questionnaire?
Replacement questionnaires are available at the individual Colorado Municipal Court where you are to report for jury service.
How was I chosen for jury service?
How are jurors assigned to trials?
The initial assignment is random. Before a trial begins, jurors may be required to complete questionnaires which provide information relevant to jury service.
How was I chosen for jury service?
Each year, the Colorado Judicial Branch receives lists of names including registered voter records, drivers’ licenses, non-driver identification cards, and state income tax records. Individual Colorado Municipal Courts may also use local records such as utility billing for this list of names.
Why do I receive a jury summonses year after year, when other people don’t?
Since the summons process is random, there is no easy explanation to this question. Each name goes into the system with a different random number attached to it each year. In some counties with small populations, almost every qualified citizen will be called for jury service each year due to the number of jury trials requested.
Postponement/Disqualification
Do I have to serve on jury duty if I am a dependent of OR an active duty member serving in the military and do not claim residency in Colorado?
Military members are not exempt from jury duty in Colorado. If you are living more than 50% of the time in the county for which you are summoned for, you must report for jury service. Colorado does not consider your home of record or residence for jury duty purposes; instead, the county in which you are living controls.
If I have a felony conviction, am I eligible to serve on a jury?
By Colorado Revised Statues, Title 13, Article 71 Colorado Uniform Jury Selection and Service Act, §13-71-105(3), you are eligible to be a trial juror if you have been convicted of a felony. But, you are not eligible to be a grand juror. A felony conviction may be a factor the parties consider in determining whether to keep a person on the jury during the selection process at the court.
Certain municipalities have prohibitions contained in their municipal code that prevent someone with a felony conviction from serving on a jury.
What if I am a student?
Jurors who are temporarily out of the county or state: If the juror will be out of the county on their appearance date but lives in the county more than 50% of the time and will be returning within the next 6 months, their jury service should be postponed to a time when they are back in the county.
What if I am breastfeeding a child?
You can be temporarily excused from jury service if you are breastfeeding a child. You must provide a medical statement. The excuse is usually for one year with the option to re-apply for another year if you are still breastfeeding your child. The statement can be from a medical professional, examples include a doctor, lactation professional, nurse, physician’s assistant and/or other medical professional. The medical statement must be on official letterhead. The medical statement needs to list your appearance date and your juror number.
What if I am in the military?
Jurors who are temporarily out of the county or state: If the juror will be out of the county on their appearance date but lives in the county more than 50% of the time and will be returning within the next 6 months, their jury service should be postponed to a time when they are back in the county.
What if I am retired?
Jurors who are temporarily out of the county or state: If the juror will be out of the county on their appearance date but will be returning within the next 6 months, they should be postponed to a time when they are back in the county. Retired persons who live in the county more than 50% of the time, but still maintain a permanent address in another county or state may apply for a postponement to a later date when they will be in state.
What if I have a disability?
If you require an ADA accommodation for a program or service, please submit a request at least 5 business days prior to the date of the program or service to the Colorado Municipal Court where you have received your jury summons. For a state court, please submit the request to an ADA coordinator. Under the Americans with Disabilities Act a juror may request reasonable accommodation for a disability. However, you may have to be postponed to a later date to allow for accommodation. For additional information on the Americans with Disabilities Act and ADA coordinators, please see the ADA section in the Human Resources Division under the Court Administration tab of the Colorado Judicial Branch.
What if I have other commitments for the date I’m supposed to appear, how can I obtain a postponement for the jury summons I received?
Most Colorado Municipal Courts will allow you one postponement. In state courts, you have the right to one postponement. To request a postponement in a Colorado Municipal Court, contact the Colorado Municipal Court’s jury commissioner or designated staff person at least 5 days in advance.
For information on how to obtain a postponement in a state court, please see the Colorado Judicial Branch information for postponement.
Employer Related Questions
Can I lose my job if I serve as a juror?
State law protects a juror’s regular job. An employer cannot fire you or withhold your benefits as a result of your jury duty. An employer also cannot harass, threaten or coerce you or make demands of an employed juror that will substantially interfere with the effective performance of juror service (§13-71-134, C.R.S.)
How do I get proof that I was a juror?
Contact the Colorado Municipal Court where you had jury duty and obtain a Juror Certificate.
What if my employer doesn’t want to pay me for the first three days of service?
Your employer has a duty under state law (§13-71-126, C.R.S.) to pay regular wages up to $50 per day if you are regularly employed. Employers may pay more than $50 by mutual agreement. If you are a part-time or temporary worker and have worked for the same employer for three months or more, then you are a regular employee.
For more information about Jury – Frequently Asked Questions, please see information on the Colorado Judicial Branch website:
Colorado Judicial Branch – Jury FAQs
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