Understanding Boulder Municipal Court

Boulder Municipal Court focuses on providing a fair, efficient and humane way to resolve local cases. The court is guided by a problem-solving philosophy, aiming not just to hold people accountable but to address the root causes of behavior. By taking this approach, the court helps reduce repeat offenses and lessens the impact on the community.

The court operates with a strong commitment to procedural justice principles, such as fairness, transparency and impartiality. Everyone who comes before the court is treated with respect and has the opportunity to share their side of the story. The court’s goal is to resolve cases in a way that reflects both the needs of the individual and the values of the Boulder community.

The Municipal Court also emphasizes restorative justice, meaning that success isn’t just about resolving a case but about repairing any harm caused. When defendants take part in restorative justice programs, they are more likely to feel satisfied with the process and less likely to re-offend. By focusing on solutions, the court works to build trust and foster long-term positive change within the community.

Municipal Court:

• Parking violations
• Traffic violations
• Noise complaints
• Other municipal offenses (e.g., camping, underage drinking, trespassing)
• Animal ordinance violations
• Quasi judicial appeals of code violations (e.g., violations of rental license provisions, building code, bear trash violations, and the like)

State Court:

• Assault
• Misdemeanor criminal offenses
• Felonies
• Theft
• Sexual assault
• Homicide
• Domestic Violence
• Serious drug offenses (e.g., methamphetamine or fentanyl-related offenses)

Boulder Municipal Court handles local issues that directly affect life in the city, offering a more tailored approach than state courts. By focusing on smaller, community-based cases, the municipal court can quickly and effectively resolve issues without relying on the state’s broader system, which handles more serious crimes.

Having a municipal court allows for quicker access to justice for community members, avoiding long delays that can occur in busier state courts. It also enables the city to design programs that specifically address local problems, such as noise disturbances or traffic violations. Additionally, the municipal court can work more closely with city partners, such as the University of Colorado and local service providers, to address specific community challenges like quality-of-life violations.

Municipal courts are also able to implement restorative and problem-solving approaches that may be harder to achieve in state courts, which typically have less flexibility because they are part of a larger state-wide court system.

In court, the roles of a prosecutor and a judge can often get misunderstood or confused. A prosecutor represents the People and works for the government in criminal cases. The prosecutor may make plea bargain offers and is responsible for representing the People of the city at trial. The judge must remain neutral, overseeing court proceedings. If the case goes to trial before the judge, the judge will decide if the defendant (the person charged) is guilty or not. If it is a jury trial, the jury determines whether the defendant is guilty or not. Following a verdict, the judge determines what happens next (sentencing) if the defendant is found guilty.

Here is a brief outline of the process:

1. Law enforcement issues a summons (or ticket):

While every ticket is given a court date, some are given an option pay and close their case. These tickets are based on the type of charge and discretion of the officer who issues the ticket. If a person decides to pay and close a case, they are considered guilty.

2. Initial appearance or arraignment:

The defendant goes to court. At this first court appearance, also known as an arraignment, the defendant is informed of the charges against them and their constitutional rights. They are then given an opportunity to speak with a prosecutor about their case before they plead guilty, not guilty, or accept a plea bargain.

At this stage, a defendant can be identified to move through Community Court, instead of the traditional path followed here. See the full list of types of eligible cases on the Community Court webpage. Some people who have frequent contact with law enforcement, court systems or emergency services such as hospitals, shelters, or detox centers, are not automatically eligible for Community Court. The City Attorney’s Office is ultimately responsible for determining who can participate in Community Court.

4. Plea bargain or not?:

A plea bargain is an agreement between a prosecutor and a defendant for a certain outcome of a case or series of cases. Outcomes can include guilty pleas with a recommended sentence or deferred agreements. These agreements let defendants avoid a conviction by completing tasks like community service, restorative justice or mental health counseling. If a plea bargain is reached, the defendant appears in front of the judge who reviews and typically approves the agreement. If the parties are not able to reach an agreement, a trial date is set.

5. Trial-Guilty or not guilty?:

At trial, the prosecution presents its evidence, including testimony from witnesses. The defendant may present evidence as well but is not required to do so. At the end of the trial, the judge (or a jury, in some cases) decides if the defendant is guilty or not guilty based on the evidence presented.

6. Judge issues sentence:

If the defendant is found guilty, the judge decides the appropriate sentence, such as a fine, community service or a class. The judge has the authority to impose a jail sentence in criminal cases, but this is only imposed when all other options have failed or would not be appropriate.

7. Appeal?:

After sentencing, the defendant has the right to appeal the decision to a higher court if they believe there was a legal error in the trial. Photo traffic violations and parking tickets cannot be appealed.

Boulder Municipal Court has developed several programs specifically designed to improve quality of life in the community. These programs often involve collaboration with local partners and aim to prevent future violations by addressing the root causes of issues. For example:

• Community Living Class: Created in partnership with the University of Colorado, this class is designed to educate students and residents about responsible community living, helping to reduce noise and party-related disturbances.
• CU Restorative Justice Program: This program uses a restorative justice model to resolve issues like alcohol-related offenses and noise complaints, allowing offenders to repair the harm caused to the community rather than face traditional punishments.
• Party Registration Program: A proactive program implemented by the Boulder Police Department that allows students to register parties in advance, providing a framework for responsible hosting and reducing the likelihood of complaints or violations.

One of the standout programs of Boulder Municipal Court and the City Attorney’s Office is Community Court, which focuses on people experiencing homelessness. Community Court is held in locations outside of the formal courtroom setting, often in community spaces, which helps build trust and make the process more accessible. Community Court is currently operating on Thursdays from 9:00 a.m. to 11:00 a.m. outside the Penfield Tate building at Broadway and Canyon.

Community Court focuses on connecting participants to social services that address the underlying causes of unlawful behavior such as lack of housing, mental health challenges or substance abuse issues. The goal is to help participants move toward self-sufficiency rather than cycling through the criminal justice system. The court, in collaboration with the City Attorney’s Office and local non-profit agencies provides assistance with things like obtaining an ID or accessing housing resources.

The individualized, trauma-informed approach of Community Court means that participants receive personalized support, making it more likely they’ll succeed and stay out of the criminal justice system. This not only benefits the individuals involved but also helps improve community safety.

I have been a judge with the city for just over 22 years. I have loved this job from day one. We have an amazing group of people who work with the court. Our City Attorney, Teresa Taylor Tate, has created a strong prosecution team. This team is led by Deputy City Attorney Chris Reynolds and is comprised of a talented group of prosecutors committed to doing justice. Criminal defense attorneys practicing in our court will often share with me how much they appreciate the fair and respectful approach taken by our prosecutors. Our public defender, Ashley Telleen, has had a long relationship with our court, dating back to her days as a law student working with the University of Colorado’s Legal Aid and Defender Program. Ashley provides outstanding representation to defendants in our court and works hand-in-hand with our prosecutors and navigators to secure positive outcomes for cases involving our unhoused population.

Our court staff is led by Court Administrator De’Von Kissick Kelly and Deputy Court Administrator José Lopez-Nava. Our staff provides the special sauce that makes everything work. Our team is committed to demystifying the court process for court participants and we all take pride in making people feel comfortable in our courtroom. Members of our local bar look forward to interacting with our team who are as kind and respectful as you will find in any court. Many of our team members have been with the court for two decades with the longest tenured staff member being here for over thirty years. We have one staff member who began her work career here as an intern at 15 years old. She met her significant other here at the court and has now been with the court for over twenty-five years. Our newest staff members are energetic, engaged and always ready to take on new challenges. I have been lucky to have developed great relationships with so many of the great people who work with our court. It is truly an honor to serve alongside this team.

--Judge Jeff Cahn