Colorado § 20-1-109 - Powers of appointee.

§ 20-1-109. Powers of appointee.

The person thus appointed shall possess the same power as the proper officer would if he were present.

Source: L. 1876: p. 65, § 3. G.L. § 899. G.S. § 1060. R.S. 08: § 2111. C.L. § 5996. CSA: C. 55, § 24. CRS 53: § 45-1-9. C.R.S. 1963: § 45-1-9.

ANNOTATION

Special prosecutor becomes, to all intents and purposes, the district attorney. People v. Gibson, 53 Colo. 231, 125 P. 531 (1912).

When the governor or the general assembly requires the attorney general to prosecute a criminal case in which the state is a party, he becomes to all intents and purposes the district attorney, and may in his own name and official capacity exercise all the powers of such officer, for he is then, and in that case, the public prosecutor. People v. Gibson, 53 Colo. 231, 125 P. 531 (1912).

But he is independent of that official. A special appointee should be of the court's own selection, and as to the matters for which he is appointed, he becomes vested with all the powers of the district attorney, but independent of that official. People ex rel. Lindsey v. District Court, 29 Colo. 5, 66 P. 896 (1901).

And is authorized to sign information in his own name. Where the district attorney is disqualified from prosecuting a case and the court appoints a special prosecutor, the prosecutor so appointed is authorized to sign an information in the case in his own name, and the fact that he placed before his name the name of the district attorney and added to his own signature the words "special deputy" neither added to, nor detracted from, the proper authentication in his own name. The additions will be treated as surplusage. Williams v. People, 26 Colo. 272, 57 P. 701 (1899).

When special prosecutor has plenary powers. The special prosecutor has the plenary powers of a district attorney only when he is acting within the scope of a valid court order granting him that power. People ex rel. Losavio v. Gentry, 199 Colo. 153, 606 P.2d 57 (1980).

Special prosecutor's actions exceeded scope of authority when he prosecuted a county commissioner for the sale of a stolen trailer to the county but the court order granting him investigating power was limited to budgetary irregularities. People ex rel. Losavio v. Gentry, 199 Colo. 153, 606 P.2d 57 (1980).