PARKER TOWN JURY FEE IS UNCONSTITUTIONAL
Updated: Nov 11, 2020
The Town of Parker not only denies motorists their jury trial right but they have implemented a jury fee in excess of the jury trial fee promulgated by the Colorado Supreme Court.
Perhaps more egregious, is the Town of Parker’s attempt to override the Colorado Rules of Municipal Court Procedure, Rule 223.
Rule 223 of the Colorado Rules of Municipal Court Procedure provides,
Trial shall be to the court, unless the defendant is entitled to a jury trial under the constitution, ordinance, charger or general laws of the state, in which the defendant the defendant shall have a jury, if, within 21 days after arraignment or entry of a plea, the defendant files with the court a written jury demand and at the same time tenders to that court a jury fee of $25, unless the fee is waived by the judge because of the indigence of the defendant.
Although clearly in violation of Rule 223 of the Colorado Rules of Municipal Court Procedure, the The Town of Parker requires a $45.00 jury fee. Section 3.01.080(a)(2) of the Parker Municipal Code. Section 3.01.080 is unconstitutional and violates the plain language of the Colorado Constitution.
Pursuant to the Colorado Constitution, Article V Section 21, “the supreme court shall make and promulgate rules governing the administration of all courts and shall make and promulgate rules governing the practice and procedure in civil and criminal cases, except that the general assembly shall have the power to provide simplified procedures in the county courts for the trial of misdemeanors.”
As noted above, the Colorado Supreme Court promulgated the Rules of Municipal Court Procedure. Rule 223 of those rules expressly provides for a jury fee of $25. The Town of Parker does not have the authority to modify the rules promulgated by the Colorado Supreme Court and such action violates the Colorado Constitution.
As noted in previous blog posts, the Town of Parker is actively working to deprive motorists of their jury trial right.
The above, of course, is an expression of the opinion of the author.
If you have been charged with Careless Driving or any other offense in the Parker, Colorado, Municipal Court, call Rob Werking, LFM Defense, Denver's Premier Criminal Defense Law Firm.