§ 38-200 — Court procedure
Denver Revised Municipal Code (Supp. No. 147, Update 3: codified through Ordinance No. 0852-26, enacted July 13, 2026) · Denver Revised Municipal Code § 38-200
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Sec. 38-200. - Court procedure.
(a) Hearings in the county court on adjudications of noncriminal infractions shall be heard before a county court magistrate appointed pursuant to article V of chapter 14 of this Code or before a county court judge acting as a magistrate. Whenever a criminal violation is charged in the same summons and complaint, the entire case shall be treated as if all charges were criminal charges, and the procedures governing criminal matters shall be followed. (b) The burden of proof shall be upon the city to prove the liability of the defendant beyond a reasonable doubt. The city attorney or the city attorney's designee may appear in noncriminal infraction cases for the purpose of attempting a negotiated plea but shall not be required to do so by any person, court or law; nor shall the city attorney represent the city at hearings conducted by a magistrate or a county judge acting as a magistrate in noncriminal infraction matters. The magistrate or county judge acting as a magistrate shall be permitted to call and question any witness and shall act as the fact finder at hearings on infraction matters. (c) When a noncriminal infraction is joined with a criminal violation as set forth in subsection (a) hereof, and that criminal violation is dismissed at any time as allowed or required by law leaving only a noncriminal infraction then pending before the court, the procedures for handling such noncriminal infraction shall be as provided in this chapter and no additional or new form of summons and complaint or penalty assessment notice need be issued, nor shall a new or additional twenty-day period begin for the payment thereof.
(Ord. No. 818-94, § 1, 10-17-94)