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HomeMy WebLinkAbout010 - 03/27/1958 - RELATING TO THE PROCEDURE IN THE MUNICIPAL COURT IN CASES ARISING UNDER THE CHARTER OR ORDINANCES OF ORDINANCE NO 10 1958 RELATING TO PROCEDURE IN THE MUNICIPAL COURT OF THE CITY OF FORT COLLINS IN CASES ARISING UNDER THE CHAR- TER OR ORDINANCES OF THE CITY OF FORT COLLINS DECLARING AN EMERGENCY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 JURY TRIAL (a) Demand for Jury In all trials before or in the Municipal Court of the City of Fort Collins in cases arising under the Charter or or- dinances of the City of Fort Collins wherein a defendant/shall have the right to a trial by jury such defendantkmay demand a jury trial which shall con- sist of six (6) jurors or a less number not fewer than three (3) if the same be agreed upon by the City of Fort Collins and the defendant, and thereupon the said Court or a judge thereof shall issue a venire for the jury directed to any person authorized to serve writs or other process issued in cases in said Municipal Court which shall be substantially in the following form State of Colorado ) as County of Larimer ) THE PEOPLE OF THE CITY OF FORT COLLINS STATE OF COLORADO TO Greeting We command you to summon persons of the City of Fort Collins State of Colorado to appear before me at on the day of 19 who are not kin to defendant_ to make a jury between the City of Fort Collins State of Colorado and said defendant_ in a plea of not guilty to a charge of a violation of the Charter or one or more ordinances of the said City of Fort Collins because the said defendant_ ha 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 19.e� (SEAL) Judge of of the Municipal Court (b) Attachment for Jurors -- Contempt In all cases where a per- son shall be summoned as a juror to try any cause before the Municipal Court of the City Qf Fort Collins or a judge thereof and shall fail to attend at the time and place appointed in such summons the said Court or judge there- of shall have power to issue an attachment directed to any person authorized to serve warrants of arrest in cases in said Municipal Court commanding him forthwith to bring before such Court or judge thereof the body of such juror so failing to attend to show cause why he should not be punished for contempt and on the appearance of such juror on such attachment it shall be sslawful for such Court or judge to punish him for contempt or wholly discharge him if satisfactory excuse be made (c) Challenge for Cause -- Peremptory If any juror summoned shall be interested in the event of the case or kin to a defendant or shall have expressed his opinion on the matter to be tried or shall for any cause to be judged by the judge of the Municipal Court be considered as a partial or improper juror the judge shall discharge- such juror and when by such dis- charge or the failure of the juror to attend the jury shall not be complete the judge shall direct any person authorized to serve writs or other process issued in cases in said Municipal Court to summon as many persons as shall be required to complete such jury instantly from among the bystanders or other persons in the City ofIFort Collins which summons shall be verbal and the person so summoned shall be bound to serve on such jury and on refusal or failure to do so may be attached and punished for contempt In all cases arising under the Charter or ordinances of the City of Fort Collins wherein a jury trial is had each party shall be entitled to three (3) peremptory challenges (d) Verdict -- Sentence Upon the jury returning their verdict of guilty the judge shall record the same in the docket and shall proceed to fix or determine the punishment penalty or sentence and to render judg- ment upon such verdict for the punishment penalty or sentence so determined by him and for costs but if the jury returns a verdict of not guilty, the - 2 - judge shall record the same and discharge the defendant or defendants with- out costs (e) Plea of Guilty If any person accused of violating any of the provisions of the Charter or ordinances of the City of Fort Collins having a right to trial by ,jury shall confess himself guilty, a judge of the Municipal Court without a ,jury, shall hear the evidence and fix and determine the sen- tence, penalty or punishment and such judge shall enter judgment and issue execution thereon Section 2 In the opinion of the City Council an emergency exists for the preservation of the public health peace and safety and this ordi- nance shall take effect upon the passage and publication under and by virtue of the authority contained in Sections 6 and 7 of Article II of the City Charter Section 3 The emergency referred to in Section 2 is the fact that a recent Colorado Supreme Court decision holds that jury trials are mandatory in certain cases in Municipal Courts Introduced read at length and adopted by the unanimous vote of all the members of the City Council this 27th day of March, A D 1958 ATTEST Mayor City Clerk - 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