PEOPLE OF CITY OF THORNTON v. HORAN

No. 27240.

556 P.2d 1217 (1976)

The PEOPLE of the State of Colorado, by and on Behalf of the PEOPLE OF the CITY OF THORNTON, Petitioners, v. Honorable John F. HORAN, County Judge, County Court of Adams County, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 20, 1976.


Attorney(s) appearing for the Case

Daniel, McCain & Brown, Brighton, for petitioners.

Stitt, Wittenbrink & Roan, P. C., Richard M. Borchers, Denver, for respondent.

Joseph G. Studholme, Denver, for amicus curiae, Colo. Municipal Judges Association.


PRINGLE, Chief Justice.

Nancy McCoy and R. J. Wittenbrink were cited for violating the traffic laws of the City of Thornton in early 1975. They moved to dismiss the charges on the ground that Thornton's city charter provides for judges who sit at the pleasure of the city council. The motions were denied. McCoy and Wittenbrink were subsequently found guilty by the municipal court and they appealed to the county court.

In the county court, they renewed their...

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