Colorado § 16-19-102 - Definitions.
Full text of Colorado Colorado Revised Statutes § 16-19-102 — Definitions., with citation guidance and answers to common questions.
§ 16-19-102. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Executive authority" includes the governor and any person performing the function of governor in a state other than this state.
(2) "Governor" includes any person performing the functions of governor by authority of the law of this state.
(3) "State", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States.
Source: L. 53: p. 314, § 1. CSA: C. 72, § 46. CRS 53: § 60-1-1. C.R.S. 1963: § 60-1-1.
ANNOTATION
Delegation of governor's authority. Because this section defines "governor" to include persons authorized to perform the functions of governor, the governor may delegate his authority to review and sign extradition documents. Macurdy v. Leach, 662 P.2d 166 (Colo. 1983).
Delegation of governor's executive authority not forbidden. Neither the state nor federal law (18 U.S.C. § 3182 (1976)) forbids delegation of the governor's executive authority to employees in his office and assistant attorneys general. Whittington v. Bray, 200 Colo. 17, 612 P.2d 72 (1980).
And exercise of powers delegated by governor is "executive authority". The governor of Colorado is the chief executive officer of Colorado, and, when he properly delegates power, the exercise of that power is action of the "executive authority". Whittington v. Bray, 623 F.2d 681 (10th Cir. 1980).
It is not proper for judiciary to tell governor how to delegate his authority in extradition matters. Whittington v. Bray, 200 Colo. 17, 612 P.2d 72 (1980).
Authentication of executive authority required. The only authentication required by § 16-19-104 is an authentication by the executive authority of the demanding state. Clark v. Leach, 200 Colo. 151, 612 P.2d 1130 (1980).
Applied in Jaques v. Bray, 645 P.2d 22 (Colo. 1982); Hershberger v. Black, 645 P.2d 279 (1982).
Frequently Asked Questions About Colorado § 16-19-102
What does Colorado Revised Statutes § 16-19-102 cover?
Section 16-19-102 ("Definitions.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 16-19-102?
A common citation format is "Colorado Revised Statutes § 16-19-102" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 16-19-102 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.