Magistrate

Closing Date: 24th May, 2024

Description:

Statement of Duties
General Statement of Duties:
Performs a variety of judicial duties in the Colorado Judicial System including deciding the merits of cases, hearing and evaluating evidence and witness credibility, analyzing laws and rules, making findings of fact and conclusions of law and issuing oral or written decisions and orders to resolve cases. Provides administrative direction for the operation of a judicial division including supervisory accountability for division staff, volunteers or interns.
Distinguishing Factors:
Work assignments are designated by the Chief Judge of the judicial district and can require performing judicial duties in any or all of the following areas: criminal, civil, juvenile, domestic relations, probate, traffic and other judicial proceedings. The Magistrate position reports to the Chief Judge of the Judicial District and is not an elected position. A Magistrate serves in a classified, non-certified position that is considered at-will and may be terminated at any time with or without cause.
Additional Comments:
This position was created in accordance with HB 23-115 Concerning clarifications to the requirements that the court conduct a bond hearing within 48-hours after an individual is placed in jail.
This posting will be used to hire one of two magistrates who will work approximately six (6) hours/week and create a talent pool. There will be two magistrates assigned to weekend bond hearings who will work either Saturday or Sunday OR alternating weekends. There is potential for the work to extend into the workweek as business needs arise.
In collaboration, the Weekend Bond Hearing Magistrates will conduct all weekend bond hearings for Weld County in-person at the Weld County Jail using a variety of virtual platforms. Being comfortable navigating and knowledge of such technology is preferred.
Pursuant to Colorado Rules for Magistrates, Rule 4, the Bond Hearing Magistrate must be licensed Colorado attorneys with at least five years of experience. Magistrates are at will and serve at the pleasure of the Chief Judge.
Essential Functions:
Conducts the following judicial activities:

• Initial appearance proceedings, including advisement of rights, setting bail, and imposition of conditions of release pending further proceedings;
• Bond review hearings;
• Preliminary and disposition hearings;
• Arraignments on indictments and information;
• Probable cause hearings pursuant to the Uniform Act for Out-of-State Parolee Supervision;
• Hearings on modification of the terms and conditions of probation or deferred prosecutions and
• deferred sentences;
• Settlement conferences;
• Default hearings, including entering judgments and conducting post-judgment proceedings;
• Conducting hearings and entering orders authorizing sales under power pursuant to Colorado
• Rules of Civil Procedure;
• Hearing motions for temporary and permanent orders for the establishment and modification for child support;
• Hearings under the "Uniform Interstate Family Support Act";
• Hearings under the "Uniform Dissolution of Marriage Act";
• Conduct hearings pursuant to the Administrative Procedure Act for Child Support;
• Hearings of establishment and enforcement;
• Proceedings, including hearings, under the “Uniform Child Custody Jurisdiction and Enforcement Act”;
• Proceedings for the enforcement of orders for child support;
• Hearings on motions, conduct trials to court, accept pleas of guilty, and impose sentences in misdemeanor, petty offense, and traffic offense matters;
• Provides determination of motions relating to discovery and the mandatory disclosure requirements;
• Deferred prosecution and deferred sentence proceedings in misdemeanor, petty offense, and traffic offense matters;

Essential Functions Cont.
Misdemeanor and petty offense proceedings pertaining to wildlife, parks and outdoor recreation;

• Proceedings pertaining to recreational facilities districts, control and licensing of dogs, campfires, and general regulations;
• Proceedings with regard to petitions for name change;
• Trials and hearings on motions pursuant to small claims statutory provisions and rules;
• Civil trials to court and hearings on motions;
• Proceedings involving preliminary or permanent injunctions;
• Default hearings, entering judgments and conducting post-judgment proceedings;
• Conducts some types of prison inmate litigation;
• Proceedings involving temporary restraining orders;
• Proceedings in traffic infraction matters;
• Preside over all types of cases under the Children's Code including delinquency, dependency and neglect actions, adoptions, relinquishments, truancy and paternity and support proceedings.
• Enforces orders in all proceedings by the use of contempt of court when appropriate.
• Acts as a master, mediator or arbitrator.
• Orders presentence investigations.
• Sets cases for disposition, trial, or sentencing before a judge.
• Issues arrest and search warrants.
• Enters pleas of guilty deferred prosecution and deferred sentence.
• Determines motions relating to disclosure and discovery.
• Performs any or all of the duties that may be delegated to or performed by a probate registrar, magistrate, or clerk.
• Accepts stipulated agreements to pay child support and voluntary acknowledgements of support liability.
• Performs solemnization of marriages.
• Provides advisements and sets bail in criminal and traffic cases.
• Issues restraining orders.
• Attends meetings and training as required.
• Performs other duties as assigned.

Supervisor Responsibilities:
This position requires administrative responsibility for the operation of a judicial division including supervisory accountability for division staff, volunteers, or interns. Plans, directs and coordinates activities for a judicial division. Additional duties include scheduling and assigning work, training in all facets of a judicial division's operation, quality control, decision impacting the pay, status and tenure of staff, conducting performance appraisals and providing input into and participating in discipline, hiring and dismissal of staff.
Minimum Qualifications:
Minimum Education:
Graduation from an accredited law school; possession of a certificate of admission to the Bar of the State of Colorado and eligibility to practice law before the courts of the State of Colorado. Applicants must have at least five (5) years of experience as a practicing attorney. For Magistrates hired to perform duties, exception to the experience qualification may apply in Class “C” or “D” counties as defined in Colorado State Statute 13-6-201 regarding Classification of Counties.
Physical Demands:
While performing the duties of this job, the employee is regularly required to sit and talk or hear. The employee must occasionally lift and/or move up to 25 pounds.
Work Environment:
This position is subject to many interruptions and may be required to handle multiple calls and inquiries at once. The noise level in the work environment is usually moderate.

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