A. Appointment. The presiding judge of the municipal court is authorized and empowered to appoint a special master to hear certain municipal traffic ordinance violations as designated by the presiding judge.

B. Procedures.

1. Advisement. Prior to conducting a hearing, the special master shall inform the defendant of his or her right to appear before a municipal judge. The special master shall also advise the defendant in writing of his or her rights as provided by the Colorado Municipal Court Rules, and the defendant shall acknowledge in writing that he or she has been so advised and the date of the advisement.

2. Hearings. Hearings before the special master shall be informal with the object of dispensing justice promptly and economically. A record of the hearing shall be made in the form prescribed by the presiding judge. The special master may hear and receive testimonial and documentary evidence from any person concerning the alleged violation, and may ask questions of any witness. Witness statements shall be made under oath. The rules of evidence shall not apply, and subpoenas shall not be issued for the attendance of witnesses or the production of documents. A hearing before the special master shall not constitute an arraignment under the Colorado Municipal Court Rules. Any defendant represented by legal counsel shall not be eligible to appear before a special master.

3. Order. At the conclusion of the hearing, the special master shall enter an order excusing the violation, making a finding of guilty, or referring the case to a municipal judge. To refer a case, the special master shall first determine, in the exercise of his or her discretion, that the facts of the case or the issues raised require a hearing before a municipal judge. If the case is referred to a municipal judge, any statements made by the defendant during the hearing before the special master shall not be introduced against the defendant, nor shall the special master be called as a witness. A finding of guilty may be based on a plea of guilty entered by the defendant or based on evidence presented at the hearing.

4. Fine. Upon a finding of guilty, the special master may impose a fine against the defendant in accordance with the fine schedule adopted by the presiding judge.

5. Minutes. The special master shall keep minutes of the proceedings, including the defendant’s name, date of the hearing, complaint number, the date, location and type of violation, and the recommendation of the special master. The minutes shall be reviewed and signed by the presiding judge.

C. Appeals. Any defendant affected by an order or action of a special master may have his or her case heard by a municipal judge by filing a written motion within ten days after the entry of the special master’s order. Upon the filing of such a motion, the order shall be vacated and a date shall be set for the defendant’s arraignment in the municipal court. If no such motion is filed within the time permitted, the special master’s order shall be final and constitute a judgment and order of the municipal court for all purposes. In no case shall a special master testify during the appeal of any matter heard by the special master. (Ord. 2002-10 § 1 (part))

2.56.090