When the District Court Sits as an Appellate Court: Petitions for Review and County Court Appeals

A serious-looking judge sits at the bench, ready to preside over the courtroom proceedings, with the national flag prominently displayed beside him.

District Court Appeals

When most people, including lawyers, think of appeals, they think of asking a new set of judges in a different courthouse to hear the case.

For example, felony criminal, complex civil, domestic relations, and juvenile cases in Colorado are decided by District Courts, which are the trial courts of general jurisdiction. The judgment of the District Court is appealable to the Colorado Court of Appeals, from which a panel of three judges will decide the appeal.

But what happens if your case is not decided by a District Court Judge? What if you're in front of a District Court Magistrate? Or a County Court Judge?

The rules, timing, and process can be different! So don't assume that every time a Colorado court rules against you that you should file with the Colorado Court of Appeals. Instead, make sure you find a Colorado appellate attorney with experience in these areas of law.

There are two main courtrooms you may find yourself in Colorado state courts that have different appellate processes: District Court Magistrates or County Courts. This article does not address what happens in federal courts. That's a subject for another day.

Appeals from District Court Magistrates

Not everyone who wears a black robe in the District Court is a District Court Judge. Judges are appointed by the governor and retained by the voters. Magistrates are court employees with significant authority defined by Colorado law and rules.

In domestic relations cases, for example, a Magistrate may hear a temporary orders request, prenuptial agreement challenge, claim for common-law marriage, or post-decree motion to modify parenting time. A Magistrate may also hear a contempt action, for which the sanction can be imprisonment along with other remedies. Magistrates also have substantial authority in civil and criminal cases to make interlocutory and sometimes final decisions. Magistrates can also sit by consent and decide issues normally reserved for District Court Judges.

If you disagree with one of those decisions, you cannot go to the Court of Appeals. You have to file a Petition for Review with the District Court Judge. There are rules for those challenges that differ significantly from the Court of Appeals, and the timelines tend to be much shorter. There is also no formal process for transmitting the record, so you must provide the documents to the District Court you want it to review. If you do not raise a timely challenge, you forever waive the ability to bring it in the Court of Appeals. In other words, this interim step with the District Court Judge is necessary, or the Court of Appeals will never hear the merits of a challenge to a Magistrate's Order.

It is, therefore, imperative that you contact an experienced lawyer sooner rather than later if you believe a magistrate has erred.

Appeals from the County Court

Perhaps, however, you are involved in a County Court matter. County Courts hear criminal and civil cases, but they have limited jurisdiction to do so. County Court civil cases have a maximum dollar value, and County Courts also hear civil protection order cases. County Courts also decide misdemeanor criminal cases.

If you are involved in one of those cases and believe the County Court Judge or Magistrate erred, you will file an appeal to the District Court. Unlike with a Petition for Review, a County Court appeal is a "full" appeal, where the County Court certifies a record to the District Court, and then a full briefing process (not just a petition and response) commences. Different District Court Judges set different processes for these kinds of appeals, and some even apply the full set of Colorado Rules of Appellate Procedure. Appeals from the Municipal Courts are similar to appeals from the County Court, too.

A distinguished panel of judges seated in formal robes, poised for a pivotal legal proceeding in a classic courtroom setting.

Conclusion

Not every appellate bench looks like the above, though they often do. It's important to know who will be reviewing your case and how. If you are not in front of a traditional appellate court, make sure you find a lawyer with substantial experience doing that kind of appeal advocacy, as a technical error could end your case.