Appeals

INFORMATION ON APPEALS
FROM THE WESTMINSTER MUNICIPAL COURT
TO THE ADAMS COUNTY 17th JUDICIAL DISTRICT COURT

Warning: this is an outline of the appeal procedure. It is not a complete advisement of your rights, nor does it represent all procedures that must be followed to properly appeal your case. Consult an attorney to answer any legal questions.

THE COURT CLERKS, BY LAW, CANNOT PROVIDE LEGAL ADVICE.

• An appeal in the Westminster Municipal Court is a request for the Adams County 17th Judicial District Court to review the ruling of a Westminster Municipal Court judge. The review is based solely on the record of the hearing or trial made in the municipal court and is not a new trial.
• Appeals must follow State Statutes and Colorado Rules of Criminal Procedure, Rule 37, and Colorado Municipal Court Rules of Procedure, Rule 237.
• Consultation with an attorney regarding the filing of an appeal is recommended but not required.
• Appeals must be filed within 30 days of judgment or sentencing.
• Rules and forms can be obtained from the Adams County 17th Judicial District Court at the address below:
                    Adams County Justice Center
                    1100 Judicial Center Drive
                    Brighton, Colorado  80601
                    Phone - 303-659-1161

Filing an appeal

Appeal Bond: Any sentence imposed at trial may be deferred if an appeal bond in the amount of fines and costs is posted for the appeal. A bond will be set by the judge who presided at your trial if jail was imposed, provided you inform the court of your intent to appeal. If a jail sentence, suspended sentence, probation or no fine was imposed, the judge will set the amount of the appeal bond.

Transcript Deposit: A transcript deposit is required for the transcription of the record in your appeal. This amount is separate from the fines and costs. If the cost of the transcript does not exceed the deposit, the remainder will be refunded to you. If the cost does exceed the deposit, you will be billed. The appeal will not be certified to the 17th Judicial District Court if the balance is not paid. The cost of the transcript is not refundable, whether your appeal is granted or denied.

Notice of Appeal: The original Notice of Appeal must be filed with the 17th Judicial District court. A copy of the Notice of Appeal and the bond and transcript deposits must be filed with the Westminster Municipal Court. A copy of the notice must also be provided to the city prosecuting attorney's office, 3030 Turnpike Drive, Westminster, Colo. 80030, stating the alleged errors of the proceedings.

Designation of Record: A Designation of Record on Appeal outlines the evidence and specific proceedings that you wish to have transcribed and included in the record to be forwarded to the 17th Judicial District Court. This must be done within 30 days from the date of sentencing or the denial of post trial motions.

Docket Appeal: You must docket the appeal and pay the docket fee in the 17th Judicial District Court within 30 days of sentencing or the appeal may be dismissed by the judge. Please inform the clerk at the 17th Judicial District Court that this appeal is being filed from a municipal court conviction.

Notification to DMV (traffic cases only): The municipal court notifies the Department of Motor Vehicles of any traffic conviction within 10 days. The burden of notifying the Department of Motor Vehicles that an appeal has been filed is on the defendant or the defendant's attorney.

Notice of Record on Appeal: After the transcript has been completed, (in approximately 40 days), the clerk of the municipal court will give written notice to you, the city prosecuting attorney's office and district court. You and the city prosecuting attorney's office then have 10 days to file any written objections to the records. If objections are filed, a hearing will generally be held before the municipal court judge. If no objections are presented, the record will be certified to the district court.

Brief: Within 20 days after the record has been certified to the 17th Judicial District Court, you must file a written brief in the 17th Judicial District Court outlining the alleged errors made in your case. You must give a copy of this brief to the city prosecuting attorney's office at the same time, either by mail or hand delivery. The city's prosecuting attorney then has 20 days from receipt to file an answer brief, of which you will receive a copy. You then may file a reply brief within 10 days of your receipt of the answer brief.

Ruling: After review of the record and briefs, the 17th Judicial District Court judge will issue a ruling on your case. This may consist of affirmation of the municipal court's decision or reversal granting a new trial before the municipal court. The 17th Judicial District Court will rule only on the record. They will not hold an entirely new trial.