HomeMy WebLinkAbout1958 Ordinance No. 012BY AU THORITY
ORD I NANCE NO. 12 SEH IES OF 1958
AN ORD I NANCE ESTABL I SH I NG A P ROCEDU RE IN THE MUNICIPAL COU RT OF THE CITY OF
ENGLEWOOD, COLORADO, RELAT ING TO TRI ALS BY JU RY.
BE IT ORDAINED BY THE C I TY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1 . In all trial s before o r in the Municipal Cour t of the City
of Englewood, Colorado , in c a s es ari s ing under the ordinances or Charter of the
said City or under the statutes of the St a te o f Colorado and Constitutions of the
State of Colorado and the Unite d States, wherein a defendant shall have the right
to trial by jury, s uch d efen dan t ma y demand a jury which shall consist of six
jurors, or a less number not less than three if the same be agreed upon by the
City of Englewood and the defendant, and t hereupon the said Court or a judge
thereof shall issue a venire for the j ury, directed to any person authorized by
ordinance or statute to serve writs or other process issued in cases in said
unicipal Court, which shall be substanti ally in the following form:
State of Co lorado )
City of Englewoo d )
County of Ar apahoe )
SS
The People of the City of Englewood, State of Colorado,
to
greet1.ng :
We command you to s u mmon
persons of t he City of E _n_g_l_e_w_o_o_a---,--s~t-a~t~e~o-..f_,,C~o~l~o-r_a_,,d-o-,--.-to
appear before me at
on the day of , 19 , who are
not of kin t o -
defendant , to make a jury be t ween the City of
Engl ewood, State o f Colorado, and said defendant in a plea
of not g u i l ty to a charge of a violation of the Charter or
one or more ordinances o f the said City of Englewood;
becaus e the sa id de fendant has de manded trial by jury;
and have you then a n d t here the names o f the jury, and
this writ.
Witness 111y hand and se al, this day of
19
(Seal)
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Judge---Or-Tiie MunicipaT Court
Section 2. In all cases where a person shall be summoned as a juror to
try any case before the Municipal Court o f th e City of Englewood or a judge there o f,
and shall fail to attend at the time and p lace appointed in such summons, the said
Court or judge thereof sh all ha v e power t o issue an attachment, directed to any
person authorized to serve warrants 01 a~~e~~ iu ca~es ~n said Municipal Court,
comma nding him forth wit h to bring before such Court or judge the body of such
juror so failing to atLend, t o show c ause why he should not be punished for
contempt; and upon appearance of such juror on such attachment, it shall be
aw ful for such Court 01· judge to punish hiin f or contempt or wholly discharge him
if salisfacLory excuse is made .
Section 3 . · I f a ny juror summone d shall be interested in the event of
tbe case or kin to a defendant, o r sh all have expressed his opinion on the matter
about to be tried, or sh all, f or a ny cause to be judged by the judge of the
unicipal Court, be considere d as a p a rti al o r improper juror, the judge shall
discharge such juror; and when, by such di sch a rge or the failure o f any juror to
attend, the jury shall /not be complete, the judge shall dire ct any person authoriz-
ed to ser ve writs or other process issued in case s in said Municipal Court to
summon as many persons as shall be required to complete such jury, instantly,
from a mong the bystanders or other persons in the City of Englewood, which summons
shall be verbal; and the pers on so s u m.oned shall be bound to serve on such jury,
and on refusal or failure to do so may be a ttach ed and punished for contempt.
I n all cases arising u n de r the Charter or ordi n ances of the City of-.iEnglewood
wherein a jury trial is h ad , each p a rty s hall be en t itled to three ~·emptory
challenges.
Section 4. Upon the jury returni ng their verdict of guilty, the judge
shall record the same in the docket and sh all proceed to fix or determine the
punishment, penalty or sent enc e and t o render judgment upon such verdict for the
punishment, penalty or sentence s o determined by him and for costs; but if the
jury return a verdict of not gui lty , the judge shall record the same, and dis-
charge th e defendant or defendants without costs.
·,I
I
I
Section 3. I n all trials be f ore or in the Municipa l Court of the City
or Englewood, Colorado, in cases a rising under the Charter or ordinances of the
City of Englewood wherein a defendant shall have the right to trial by jury, such
defendant may waive trial by jury and proceed to trial by the Court, in which
event the judge shall recor d s uch waiver and proceed to try the case if the plea
be one of not guilty; and in the event of finding the defendant guilty, to fix
or determine the punishment, pen alty or sentence and to render judgment upon such
verdict for the punishment, penalty or sentence so determined by him and costs;
but if the judge shall f ind the defendant not guilty, the judge shall record the
same and discharge the defendant or de fe ndants without costs.
Section 6. I f any pers on accused o f violating any of the provisions
or ~he Charter or ordinances of the City of Englewood, Colorado, having a right
to trial by jury shall confess himself g uilty, a judge of the Municipal Court,
ithout a jury, shall hear the evidence and fix and determine the sentence,
penalty or punishment, together with costs, and such judge shall enter judgment
and issue execution thereon .
Section 7. Each juror or mem ber of a jury panel who shall attend the
unicipal Court shall recei ve as compens ation therefor the sum of Three Dollars
($3.00) for each day or part of a day in which he shall be in attendance. The
cost of such jury and jury panel shall be assessed against the defendant in the
event he shall be found g u ilty.
Section 8. T h e City Council hereby finds, determines and declares
this ordinance is necessary for the immediate preservation of the public peace,
ealth, safety and convenience.
Section 9 . In the opinion of the Ci t y Council an emergency exists;
therefore, this ordinance shall take effect and be in force from and after its
final passage and public a tion.
Passed on First Reading by the City Council of the City of Englewood,
orado, this 31st day of Mar c h , A. D. 1958, and ordered published in the
ewood Herald and Enterprise .
Passed on Final Readin g by the City Council of the City of Englewood,
Colorado, this 21st d ay of April, A.D. 1958, and ordered published in the
ewood Herald and Enterprise . ~~-CL ---Mayor ~--~ ~
ATTES
I, J. L. Barron, City Clerk of the City of Englewood, Colorado, do
ereby certify that the above and foregoing Ordinance was introduced and read
in full and ordered pu blished as proposed Ordinance for the meetings of March
31st, 1958 and April 21st, 1958, held by the City Council of the City of Englewood,
Colorado on said dates and same was published in the Englewood Herald and Enterprise,
April 24, 1958, as Ordinance No. 12, Series of 1958.
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