(1) In the following circumstances, a magistrate may hear and decide claims in a small claims court:
In Class A counties, as defined in section 13-6-201, magistrates for small claims maybe appointed by the presiding judge.
In Class B counties, as defined in section 13-6-201, magistrates for small claims maybe appointed, pursuant to section 13-3-105, if approved by the chief justice.
A magistrate shall be a qualified attorney-at-law admitted to practice in the state ofColorado or a nonattorney if the nonattorney is serving as a county judge pursuant to section 136-203.
While acting as a magistrate for small claims, a magistrate shall have the same powers as a judge.
(3.5) A magistrate shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.
If any party files a timely written objection, pursuant to rule of the supreme court,with the magistrate conducting the hearing, that party's case shall be rereferred to a judge.
Source: L. 76: Entire part added, p. 518, § 1, effective October 1. L. 84: (2) amended, p. 459, § 1, effective April 5. L. 89: (3.5) added, p. 782, § 4, effective April 4. L. 91: Entire section amended, p. 356, § 10, effective April 9. L. 2001: (2) and (4) amended, p. 1513, § 3, effective September 1.
Cross references: For magistrates in county courts, see part 5 of this article; for magistrates in district courts, see § 13-5-201.