(1) In the following circumstances, a magistrate may hear and decide claims in a small claims court:
(a) In Class A counties, as defined in section 13-6-201, magistrates for small claims may be appointed by the presiding judge.
(b) In Class B counties, as defined in section 13-6-201, magistrates for small claims may be appointed, pursuant to section 13-3-105, if approved by the chief justice.
(2) A magistrate shall be a qualified attorney-at-law admitted to practice in the state of Colorado or a nonattorney if the nonattorney is serving as a county judge pursuant to section 13-6-203.
(3) While acting as a magistrate for small claims, a magistrate shall have the same powers as a judge.
(3.5) A magistrate shall have the power to solemnize marriages pursuant to the procedures in section 14-2-109, C.R.S.
(4) If any party files a timely written objection, pursuant to rule of the supreme court, with the magistrate conducting the hearing, that party's case shall be rereferred to a judge.
Source: L. 76: Entire part added, p. 518, � 1, effective October 1. L. 84: (2) amended, p. 459, � 1, effective April 5. L. 89: (3.5) added, p. 782, � 4, effective April 4. L. 91: Entire section amended, p. 356, � 10, effective April 9. L. 2001: (2) and (4) amended, p. 1513, � 3, effective September 1.
Cross references: For magistrates in county courts, see part 5 of this article; for magistrates in district courts, see � 13-5-201.