18th Aug 24 4:22 pm
JamieWhen decisions are made in a divorce or family law case, those decisions are likely unsatisfactory to one party or another. Family law cases are very emotionally involved, and oftentimes this will lead to cases proceeding to higher levels of the court. However, in Colorado, one must be aware of the differences between magistrates and judges. A magistrate order may need to be reviewed before submitting an appeal, which can complicate the legal process.
If you want to know more about the differences between magistrates and judges and the impact they could have on a divorce law case, consider scheduling a consultation with an experienced divorce attorney with Colorado Divorce Law Group. Reach out at (720) 593-6442 to learn more.
A magistrate and a judge may serve similar functions in a court proceeding, but they have several distinct differences. The first and most important distinction is that magistrates are not full judges. However, according to the Colorado General Assembly, they are authorized by the law to pronounce judgments and manage judicial proceedings in certain circumstances.
Therefore, there are certain limits placed upon magistrates that are not placed upon judges. Magistrates mediate a variety of matters including many kinds of family law hearings, and are under the supervision of an Article IV judge. Their judgments are still considered legally binding and official, however, even though they operate under certain restrictions.
In light of divorce law, there are several guidelines a magistrate must adhere to when trying a family law case.
A magistrate can hear a family law case, but only if both parties consent to the magistrate’s performing the duties associated with the position. If one or both parties neglect to provide consent, the magistrate cannot legally hear the case or pronounce any judgment.
If a magistrate rules in a court hearing, both parties have the right to request a review of the final order. This is not a new hearing, no new evidence will be presented, and neither party will be present for the review. All that happens is the decision is submitted to be reevaluated by a District Court Reviewing Judge to ensure the proper ruling.
If either party wishes to appeal the decision made by the magistrate, sending the case to the appellate court, they must first petition for a magistrate order review. There are strict deadlines on when a review can be petitioned, and how long parties have to appeal their case. This is designed to prevent cases from proceeding to the appellate court on the decision of a magistrate, who may not have the experience of an Article IV judge.
Therefore, any party who is unsatisfied with the decision of a magistrate must be mindful of the various deadlines, petition for a magistrate order review, and then submit their appeal. To learn more about how to appeal a case and the particulars of the appellate court, consider speaking with an experienced divorce law attorney from Colorado Divorce Law Group.
While there may be many reasons one party or another wishes to appeal their case and have it reviewed, these guidelines look different when a magistrate is involved. If a party is unhappy with the magistrate’s decision and files a petition for review, there are only certain factors that the District Court Reviewing Judge will be able to influence.
Magistrate order reviews are not like appeals, as there is no court session or additional engagement from the lawyers. A review is just that–a review. The judge will generally defer to the factual determinations that the magistrate made, but they may find fault with the application of the law and provide a different legal determination.
Petitioning for magistrate review is not a petition for a new hearing or a request to correct a clerical error. No new facts will be presented or argued, as the judge will simply review the case transcript and ensure the correct application of the law.
After a magistrate order has been reviewed, or if the case was heard by a judge in the trial court, a dissatisfied party may then appeal their case. This action can send the case to the Colorado Court of Appeals, or the appellate court. While it may seem like just another court hearing, the appellate court has several significant differences from the trial courts.
In trial court, lawyers call witnesses and present evidence to build a case, which is a highly involved, often emotional process. A judge or a jury will hear the case, and they will help to conclude whether the law was broken, how it was broken, and what consequences will result from that.
The appellate court is different from that. The appellate court tends to be very cold and distant, with lawyers presenting written briefs and debating applications of the law instead of arguing and presenting evidence. The purpose of the trial courts is to assemble facts and evidence and make a ruling, but the appellate court exists to challenge and determine if those rulings were, in fact, lawful. Because the court processes are so different, many people hire an appellate attorney to represent their case in the court of appeals.
This may cause confusion, as a magistrate order review can seem similar to the appellate court process. However, a magistrate order review is not considered a part of the appellate court. The judicial review of a decision made by a magistrate before that decision is appealed in the appellate court.
Here are several frequently asked questions about magistrate orders and appeals.
Consenting to a magistrate for your trial court hearing is generally a matter of personal preference. However, there may be a benefit to consenting to a magistrate for clarity on who will oversee the trial as opposed to waiting on the judge the court appoints.
In Colorado, parties have twenty-eight days from when the magistrate’s order becomes reviewable.
No. In Colorado, a petition for review must be submitted before parties are allowed to appeal their case to the higher courts.
When it comes to appealing a divorce or family law case, there are many deadlines, legal complexities, and added stressors that complicate an already emotionally charged situation. There are steps to be taken to request deadline extensions, timetables to manage, and much more. If you are involved in a family law case and need clarity on the legal details, consider speaking with an experienced divorce law attorney from Colorado Divorce Law Group by calling (720) 593-6442.
