Colo. Rev. Stat. § 19-1-105

Current through 11/5/2024 election
Section 19-1-105 - Right to counsel and jury trial
(1) All hearings, including adjudicatory hearings, shall be heard by a judge or magistrate without a jury, except as otherwise provided by this title.
(2) The right to counsel is provided in this title 19. Nothing in this title 19 prevents the court from appointing counsel in addition to a guardian ad litem for a child if it deems representation by counsel necessary to protect the interests of the child.
(3) In proceedings pursuant to the "School Attendance Law of 1963", article 33 of title 22, the court may appoint a guardian ad litem for the child, unless the child is already represented by counsel. If the court finds that it is in the best interest and welfare of the child, the court may appoint both counsel and a guardian ad litem. The court shall make information regarding the truancy process available to the child's parent or guardian ad litem.

C.R.S. § 19-1-105

Amended by 2022 Ch. 92, § 5, eff. 1/9/2023.
L. 87: Entire title R&RE, p. 700, § 1, effective October 1. L. 91: (1) amended, p. 360, § 25, effective April 9. L. 2003: (2) amended, p. 1320, § 1, effective August 6.

This section was contained in a title that was repealed and reenacted in 1987. Provisions of this section, as it existed in 1987, are similar to those contained in 19-1-106 and 19-1-107 as said sections existed in 1986, the year prior to the repeal and reenactment of this title.

2022 Ch. 92, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

For the legislative declaration in HB 22-1038, see section 1 of chapter 92, Session Laws of Colorado 2022.