People v. Jachnik, 04CA1046.

• Decision Date: 16 June 2005
• Docket Number: No. 04CA1046.,04CA1046.
• Parties: The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Czeslaw W. JACHNIK, Defendant-Appellant.
• Court: Colorado Supreme Court

Page 1276

116 P.3d 1276

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Czeslaw W. JACHNIK, Defendant-Appellant.

No. 04CA1046.

Colorado Court of Appeals, Division Four.

May 19, 2005.

Rehearing Denied June 16, 2005.

John W. Suthers, Attorney General, Paul Koehler, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Christopher C. Beasley, Denver, Colorado, for Defendant-Appellant.

WEBB, J.

Defendant, Czeslaw W. Jachnik, appeals the judgment of conviction entered upon jury verdicts finding him guilty of two felonies on the basis that the court lacked jurisdiction. Defendant also appeals the order denying his motion for a new trial. We reverse the order, vacate the judgment, and remand for a new trial.

The day trial was scheduled to begin, the district court judge said that, because of crowded docket conditions, neither he nor any other district court judge was available to try the case. The judge then transferred the case to a county court division.

A county court judge conducted the trial over defendant's jurisdictional objection. The court noted the objection but proceeded to trial without making any findings regarding the basis for its jurisdiction.

After sentencing, defendant filed a motion for new trial in which he argued that his conviction and sentence are void because the district court unconstitutionally assigned his case to a county court judge who lacked jurisdiction to try, enter judgment on, or impose sentence in a felony case. The county court denied the motion, citing People v. Johnson, 77 P.3d 845 (Colo.App.2003), but did not make any findings in support of its jurisdiction.

Courts, not judges, are vested with jurisdiction. See In re Marriage of Glenn, 60 P.3d 775 (Colo.App.2002); People v. Rodriguez, 799 P.2d 452 (Colo.App.1990). Under art. VI, § 9(1) of the Colorado Constitution, district courts have original jurisdiction in felony cases, with exceptions not relevant here.

Nonetheless, a county court judge may sit as a district court judge and exercise the jurisdiction of the district court, provided the chief justice has delegated such authority to the chief judge and the chief judge then makes the assignment. People v. Johnson, supra; People v. Torkelson, 22 P.3d 560 (Colo.App.2000); People v. Rodriguez, supra; see also Colo. Const. art. VI, § 5(3) (the chief justice has the power to assign a county court judge "temporarily to perform judicial duties in any county court ... or assign ... said judge to any other court"); Colo. Const. art. VI, § 5(4) (the chief justice is authorized to delegate such authority to the chief judge of each district as he or she deems appropriate); § 13-6-218, C.R.S.2004 (codifying Colo. Const. art. VI, § 5(3)).

However, absent a valid appointment order, a county court judge lacks jurisdiction to act as a district court judge and preside over any stage of a felony trial. Thus, a verdict reached under such circumstances is void. People v. Torkelson, supra.

The parties cite no case, nor have we found one, addressing the People's burden to prove the jurisdiction of a county court judge to preside over a felony jury trial. The prosecution has the burden of proving that the court has subject matter jurisdiction over the case. See, e.g., People v. Madden, 111 P.3d 452 (Colo.2005) (noting that the prosecution has the burden of proving every element of the offense, and that one of the elements of the charged offense was that the defendant committed the crime "in the State of Colorado"); People v. Dunaway, 88 P.3d 619 (Colo.2004) (same). Hence, we conclude that, if the court's jurisdiction is put at issue, the burden is on the People to show that the court, whether district or county, has jurisdiction to hear the case. Cf. Harvel v. Dist. Court, 166 Colo. 520, 444 P.2d 629 (1968) (in civil action, plaintiff bears the burden of proving all facts essential to jurisdiction).

As noted in People v. Johnson, supra, in Chief Justice Directive 95-01(5)(b), the chief justice delegated to the chief judge of each judicial district the authority to assign qualified county judges "to any court in the district when necessary." A Chief Justice Directive is binding where, as here, it deals with matters of court administration that fall within the chief justice's authority. People v. Cardenas, 62 P.3d 621 (Colo.2002); see also People v. Rodriguez, supra (the power of assignment of judges is administrative).

By an order dated December 6, 2000, the Chief Judge of Adams County authorized all county...