Colorado Revised Statutes

Colo. Rev. Stat. § 13-5-133 (2024)

Judges may sit en banc - purpose - rules

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions of section 13-3-105, and other ministerial duties, subject to the administrative powers delegated to the chief judge by the chief justice of the supreme court pursuant to section 5 (4) of article VI of the state constitution.

(2) Subject to the approval of the chief justice of the supreme court, a district court sitting en banc may make rules: (a) To facilitate the transaction of business in the courts held by the judges sitting separately; and (b) To provide for the classification, arrangement, and distribution of the business of the court among the several judges thereof.

(3) Judges of a district court in districts having more than one judge may sit en banc only for the purposes enumerated in this section, and the court so sitting en banc shall have no power to review any order, decision, or proceeding of the court held by any judge sitting separately.

Source: L. 67: p. 456, § 8. C.R.S. 1963: § 37-12-40. L. 69: p. 250, § 9.

Notes of Decisions
Cited in 3 cases, 1972–2001 · leading case: Tolerton v. Dist. Court In & For the Cnty. of Arapahoe, 625 P.2d 1020 (Colo. 1981).
Tolerton v. Dist. Court In & For the Cnty. of Arapahoe, 625 P.2d 1020 (Colo. 1981). · cites it 5× “Section 13-5-133, C.R.S. 1973 provides: (1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions…”
Williamson v. Williamson, 39 P.3d 1199 (Colo. Ct. App. 2001). · cites it 3× “VI, § 10; see also § 13-5-133(2)(b), C.R.S.2000 (subject to approval of chief justice of the supreme court, district courts sitting en bane may make rules to provide for classification, arrangement, and distribution of the business of the court among the several judges thereof).”
Cave v. Colorado Dep't of Revenue, 501 P.2d 479 (Colo. Ct. App. 1972). · cites it 2× “"(4) (b) Should the violator refuse to accept the notice prescribed by subsection (4) (a) of this section when such notice is tendered by the arresting officer, the officer shall proceed in accordance with section 13-5-133 or section 13-5-134. Should the violator accept the…”
Colo. Rev. Stat. § 13-5-133(2)(b): 1 case
Williamson v. Williamson, 39 P.3d 1199 (Colo. Ct. App. 2001). “VI, § 10; see also § 13-5-133(2)(b), C.R.S.2000 (subject to approval of chief justice of the supreme court, district courts sitting en bane may make rules to provide for classification, arrangement, and distribution of the business of the court among the several judges thereof).”
Colo. Rev. Stat. § 13-5-133(3): 1 case
Tolerton v. Dist. Court In & For the Cnty. of Arapahoe, 625 P.2d 1020 (Colo. 1981). “Section 13-5-133, C.R.S. 1973 provides: (1) In any district court composed of more than one judge, the judges may sit en banc at such times as they may determine, for the purpose of making rules of court, the appointment of a clerk and other employees, subject to the provisions…”
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