20
TH
JUDICIAL DISTRICT OF COLORADO
ADMINISTRATIVE ORDER 01-104 ___________
SUBJECT: Expiration and Quashing of Warrants ______
To: Twentieth Judicial District Judicial Officers, Court Staff and District Attorney’s Office
From: Roxanne Bailin DATE: March 8, 2012
Chief District Judge
Administrative Order 01-104 rescinded 20
th
Judicial District Administrative Order 93-102 dated April 12, 1993 and
revised June 15, 1999.
This version of 20
th
Judicial District Administrative Order 01-104 replaces the version dated November 15, 2001.
These revisions are the result of agreements between the Court and the District Attorney’s Office as on 2/27/12.
WARRANT QUASHING PROCESS: CR and JD (Juvenile Delinquency)
The Clerk of Court shall be responsible for the reviewing of all warrants issued through means of
reports and other review processes available in the database. The Clerk of Court’s office shall follow
business practices and the guidelines established by data integrity rules currently in place at the time of
issue of this directive concerning warrant expirations.
1. Automatically Expiring Warrants
All warrants having an expiration date will expire automatically on the date indicated on the
warrant. Law enforcement shall not consider the warrant as active after midnight (2400 hours) the night
of the expiration date. (See Chart for Quashing Warrants). The Clerk of the Court will process all expired
warrants and close the cases.
In the event that the warrant was issued in a case in which a defendant received a deferred
sentence or deferred adjudication, the guilty plea will be withdrawn, the charges dismissed, and the case
closed.
In the event that the warrant was issued in a case in which a defendant was on probation, the
clerk will note that probation was terminated unsuccessfully, and the case will be closed.
2. Non-Expiring Warrants
The Clerk of the Court shall notify the District Attorney of each traffic, misdemeanor or felony
case in which the warrant does not automatically expire and has been outstanding for a period of at least
eight (8) years from the date of issuance. The District Attorney shall have 30 days to respond to the
notice. If the District Attorney fails to respond within 30 days, the Clerk of the Court will quash the
warrant and close the case.
In the event that the warrant was issued in a case in which a defendant received a deferred
sentence to traffic or misdemeanor charges, the guilty plea will be withdrawn, the charges dismissed, and
the case closed.
In the event that the warrant was issued in a case in which a defendant received a deferred
sentence or a deferred adjudication to a felony, the guilty plea will NOT be withdrawn and charges will
NOT be dismissed unless the District Attorney’s Office specifies that it would like the guilty plea
withdrawn and the charges dismissed. The case will be closed.
In the event that the warrant was issued in a case in which a defendant was on probation for any
level of charge, the clerk will note that probation was terminated unsuccessfully, and the case will be
closed.
3. Special Rules for DUI
When the charge of DUI under C.R.S. 42-4-1301, requires the clerk to enter a conviction at the
time of expiration of the warrant, the clerk shall do so.
4. Fees, Fines, Costs, and Restitution
Any account receivable shall remain outstanding notwithstanding the quashing of the warrant
and closure of the case.
WARRANT QUASHING PROCESS: PR, C, S, CV, DR, JV
1. Process for Quashing Warrants
The Clerk of the Court shall review all cases in which a warrant has been outstanding for a period
of at least two (2) years from the date of issuance. The Clerk of the Court will send a Notice of
Cancellation of Warrant to the appropriate party or attorney advising him or her of the obligation to
respond within 30 days of the date of the Notice advising the Court with particularity of the grounds for
keeping the warrant active. The clerk shall set the matter for review 30 days from the date of the Notice
for review by the court.
If a party or attorney does not respond within 30 days or cites inadequate reasons for keeping the
warrant active in the opinion of the judge to which the case is assigned, the warrant will be quashed. The
Clerk of the Court shall take whatever additional action is appropriate, such as closure of the case.
_________________________________________
Hon. Roxanne Bailin
Chief Judge
Twentieth Judicial District
CHART FOR QUASHING WARRANTS
All warrants issued shall have the following criteria as to the length that the warrant will remain outstanding:
● 18 month expiration
Case Class
6 Month Criteria
18 Month
Criteria
Non-Expiring Criteria
Review Time
for Non-
Expiring
Warrants
T
Cases that carry a 6 point penalty or
less on any single count in the case
Cases that carry
a 7 point penalty
or more on any
single count in
the case
Warrant upon Affidavit only
Warrant upon Affidavit with Complaint
Warrants for Failure to Report to Jail
Warrants in the Discretion of the Court
8 years
M
Cases reduced to a traffic charge
carrying a 6 point penalty or less on any
single count in the case
Cases classified
as a Class 1,
Class 2, Class 3
misdemeanor, or
petty offense or
reduced to a
traffic charge
carrying a 7 point
penalty or more
on any single
count in the case
Warrant upon Affidavit only
Warrant upon Affidavit with Complaint
Warrants for Failure to Report to Jail
Warrants in the Discretion of the Court
8 years
F through 1996 cases
Cases reduced to a traffic charge
carrying a 6 point penalty or less on any
single count in the case
Cases reduced to
a misdemeanor
classification or
traffic charge
carrying a 7 point
penalty or more
on any single
count in the case
Warrant upon Affidavit only
Warrant upon Affidavit with Complaint
Warrants for Failure to Report to Jail
Warrants in the Discretion of the Court
8 years
C
Failure to Appear for a Contempt of Court
Hearing
2 years
S
Failure to Appear for a Contempt of Court
Hearing
2 years
Case Class
6 Month Criteria
18 Month
Criteria
Non-Expiring Criteria
Review Time
for Non-
Expiring
Warrants
CR
Cases reduced to a traffic charge
carrying a 6 point penalty or less on any
single count in the case
Case reduced to
a misdemeanor
classification or
traffic charge
carrying a 7 point
penalty or more
on any single
count in the case
Felony charges
Failure to Appear
Failure to Comply
Failure to Report to Jail (felony, misd or traffic)
Contempt of Court
Violation of Probation
Violation of Deferred Sentence
Violation of Community Correction Sentence
8 years
JD
Failure to Appear
Violation of Deferred Adjudication
Violation of Probation
Violation of a Court Order
8 years
JS Support
Failure to Appear for a Hearing
Contempt of Court
Failure to Comply
2 years
JP Paternity
Failure to Appear for a Hearing
Contempt of Court
Failure to Comply
2 years
JV Truancy Delinquency
Dependency
Support
Paternity
Same as above for JD
Failure to Comply, Contempt of Court
Failure to Comply, Contempt of Court
Failure to Comply, Contempt of Court
8 years
2 years
2 years
2 years
DR
Failure to Appear for a Hearing
Contempt of Court
Failure to Comply
2 years
CV
Failure to Appear for a Hearing
Contempt of Court
Failure to Comply
2 years