Wiegand v. County Court Magistrate

In this C.R.C.P. 106(a)(2) mandamus action, petitioner, Gerhard Wiegand, appeals from the district court judgment rejecting his challenge to the validity of an internal policy that prohibited a county court magistrate in the underlying criminal proceedings before the Larimer County Court from considering his motion for bond reduction. As did the district court, we conclude that the county court magistrate's authority over such matters was validly restricted in this proceeding and therefore, we affirm. The record reveals that on August 27, 1995, petitioner was arrested and jailed on certain misdemeanor and petty offense charges. On August 28, 1995, these charges were filed in the Larimer County Court, and the court set bond at $500 cash, property, or surety. Petitioner remained in custody, apparently unable to post such bond.