Chapter V, Section III - Trial by Jury

Sec. 5-3-1.    Demand for jury trial.

In any action before the Municipal Court in which the defendant is charged with a violation of a municipal ordinance punishable by imprisonment, such defendant shall have a jury trial upon request.  The jury shall consist of three (3) jurors unless a greater number, not exceeding six (6), is requested by the defendant.  Any action before the Municipal Court in which the defendant is charged with a municipal ordinance violation, not punishable by imprisonment, shall be tried to the Court.  (Ord. 465 §1, 1997)

Sec. 5-3-2.    Qualifications and exemptions of jurors.

Qualifications and exemptions of jurors shall be the same as provided in Section 13-1-1 et seq., C.R.S., as amended.

Sec. 5-3-3.    Method of summoning jurors.

Upon demand of the defendant for trial by jury, the Municipal Court or Judge thereof shall issue a venire for the jury and shall issue his or her writ to any police officer or marshal which shall be substantially in the following form:

STATE OF COLORADO COUNTY OF WELD

) )  ss )

THE PEOPLE OF THE TOWN OF EATON, STATE OF COLORADO, TO _________________ _________, GREETING:

We command you to summon ____________ persons of your county who are residents of the Town of Eaton to appear before me at the Eaton Municipal Court, 223 First Street, Eaton, Colorado, on the _____ day of _____________, 20____, who are not of kin to _______________, defendant, to make a jury between the People of the Town of Eaton, State of Colorado, and the said defendant in a plea of not guilty to a charge of a violation of one or more ordinances of the Town; because the said defendant has demanded trial by jury; and have you then and there the names of the jury, and this writ.

Witness my hand and seal this ______ day of ___________, 20____.

________________________ Judge of the Municipal Court

Sec. 5-3-4.    Juror failing to appear – penalty.

If any person summoned as a juror shall fail, neglect or refuse to appear, without reasonable excuse, he or she shall be deemed guilty of contempt and fined or imprisoned as the Court may direct.  The Court shall have the power to issue a citation directed to the Chief of Police commanding him or her forthwith to bring before such Court the body of such juror so failing to attend and for such juror to show cause why he or she should not be punished for contempt, or on the appearance of such juror on such citation, it shall be lawful for the Court to punish him or her for contempt or wholly discharge him or her if satisfactory excuse be made.

Sec. 5-3-5.    Jury fees.

Persons summoned to jury duty pursuant to this Chapter shall be entitled to a juror's fee of three dollars (.00) per day or part of a day for which they are summoned, and the defendant shall in all cases wherein demand for trial by jury is made, tender to the Municipal Court sufficient juror's fees to pay for the number of jurors requested plus six (6) additional jurors.

Sec. 5-3-6.    Waiver of jury fees.

Whenever it shall be made satisfactorily to appear to the Municipal Judge, after all legal means have been exhausted, that any person who is charged with a violation of an ordinance and who requests a jury as herein provided, has no estate whatever wherewith to pay jury fees in advance as required, it shall be the duty of the Municipal Judge to waive the requirement for advance payment, provided that, if the defendant is found guilty, he or she shall be assessed the jury fees as part of the court costs.

Sec. 5-3-7.    Discharge of jurors.

The term of jury service shall be as indicated on the venire fascias, and a person who has actually been in attendance as a juror in the Municipal Court as ordered under the venire fascias for the period of time ordered under the venire fascias shall be discharged by the Court.  No juror shall be discharged until the close of the trial in which he or she may be serving, and if the selection of a jury in any cause has been begun, the Court shall have the power to retain the panel until such jury is selected and sworn.  A person discharged as prescribed in this Section shall be disqualified for jury service in the Municipal Court for the period of one (1) year thereafter.

Sec. 5-3-8.    Challenge for cause; peremptory.

Challenges for cause shall be as provided for in Colorado Revised Statutes or Colorado Rules of Municipal Court Procedure, and in all cases arising under this Code or any ordinance of the Town wherein a jury is demanded, each party shall be entitled to three (3) peremptory challenges.

Sec. 5-3-9.    Panel of jury not to be quashed for irregularity.

No array or panel of any jury shall be quashed, nor shall any verdict be stayed or averted by reason of any informality or irregularity in the summoning or selecting of the jury, which in the opinion of the Court is unimportant and insufficient to vitiate the return of the jury.

Sec. 5-3-10.    Juror not to be disqualified for opinion.

No person summoned as a juror shall be disqualified to serve as such by reason of a previously formed or expressed opinion with reference to the guilt or innocence of the accused; provided, however, that the Court shall be satisfied, from the examination of the juror or from other evidence, that he or she will render an impartial verdict, according to the law and the evidence submitted to the jury in the trial of such cause.

Sec. 5-3-11.    Trial to Court.

If any defendant pleads guilty, waives his or her right to a jury trial or fails to demand a jury trial, the Municipal Judge shall hear the evidence and render a judgment thereon.

Sec. 5-3-12.    Instructions to jury.

At the conclusion of all of the evidence, and before arguments of counsel, the Judge shall read to the jury the ordinance or Code section alleged to have been violated by the defendant and shall orally instruct the jury as to any points of law that the Judge believes to be pertinent to the issues to be determined by the jury.  Counsel for either of the parties may submit written instructions to the Judge, and if he or she believes such instructions to be proper, he or she may read the same to the jury.

Sec. 5-3-13.    Jury verdict - sentence.

Upon a jury returning a verdict of guilty, the Judge shall record the same and shall proceed to fix or determine the punishment, penalty or sentence so determined by him or her; but if the jury returns a verdict of not guilty, the defendant shall be discharged.