Judicial Officers: What They Can and Can't Do

Judge or magistrate?

Both are judicial officers, and in Colorado dependency cases a magistrate often presides. Both run hearings and make rulings. The most important practical difference is how you challenge a decision — which differs for a magistrate versus a judge (see below).

What a judicial officer does — and doesn't

They do: run the hearings, make findings, rule on motions, approve the treatment plan, decide placement, and — importantly — they are required to be neutral.

They don't: act as your lawyer, give you legal advice, or advocate for you. A judicial officer decides based on the law and the evidence actually put in front of them — which is exactly why what you and your attorney present matters so much.

How to conduct yourself in court

The professionals in that room see each other every week; you're the newcomer. Coming across as calm and prepared is how parents are taken seriously. Things that tend to help:

• Arrive early, and dress as if it matters — because it does.
• Silence your phone. Recording court is not allowed without the court's permission.
• Stand when the judge enters and when you speak, and address them as "Your Honor."
• Don't interrupt — the judge, the other side, or your own lawyer.
• Stay calm even when something feels unfair. Reacting rarely helps; a note to your lawyer does.
• Speak with or through your lawyer, and answer honestly — and only what's asked.
• Bring your documents, organized and ready.

When you disagree with a decision

Disagreeing with a ruling is not the same as the officer doing something wrong — and there are proper channels for it. Because the deadlines are short, talking to your lawyer quickly matters.

• If a magistrate decided: you can ask a district court judge to review it through magistrate review. Deadlines are tight — often about 14 days if the order was given in court, or 21 days if it was mailed — and in some cases this step is required before any appeal.
• If a judge decided: certain orders can be appealed.
• If you believe the officer is biased or has a conflict: a party can ask to have them disqualified (recused) — a legal step your attorney handles.

When you believe a judge acted unethically

The Colorado Commission on Judicial Discipline (CCJD) reviews complaints of ethical misconduct by judges. Be clear about what it does and doesn't do:

• It investigates a judge's conduct — it does not change your ruling, remove the judge from your case, or act as an appeal.
• Simply disagreeing with a decision on motions, evidence, procedure, or findings is not misconduct.
• It covers judges (county, district, appeals, supreme) — not magistrates.
• You file a Request for Evaluation online or by PDF (303-457-5131; judicialconduct@jd.state.co.us); you don't need transcripts to start.