Colorado § 20-1-201 - Deputies - chief deputies - staff.

§ 20-1-201. Deputies - chief deputies - staff.

(1) (a) The district attorney in every judicial district is authorized to appoint such deputy district attorneys as he deems necessary to properly discharge the duties of his office, with the approval of the board of county commissioners or boards of county commissioners of multicounty districts or the city council of a city and county affected, and such deputies shall hold their offices during the pleasure of such district attorney. Such deputies shall not engage in the private practice of law nor receive any income from any private law firm.

(b) The district attorney in every judicial district is authorized to appoint one or more part-time deputies to fulfill the duties of the district attorney. The part-time deputies shall be entitled to receive as compensation for services rendered a sum as provided in section 20-1-203. The part-time deputy may engage in the private practice of law; except that he or she may not engage in the practice of criminal defense in the same judicial district as the district attorney's office where he or she is employed.

(c) The district attorney in every judicial district is authorized to appoint such special deputy district attorneys as he deems necessary to properly discharge the duties of his office, and such special deputies shall hold their offices during the pleasure of such district attorney. Such special deputies shall receive no compensation for their services from the county or counties of the judicial district; except that such special deputies may be reimbursed their ordinary and necessary expenses, including travel. Such special deputies shall only be appointed from among those persons holding office as attorney general, deputy attorney general, assistant attorney general, or special assistant attorney general of the state of Colorado, or as district attorney, assistant district attorney, chief deputy district attorney, or deputy district attorney of another judicial district, or as United States attorney or assistant United States attorney for the district of Colorado, or as city attorney or assistant city attorney of a city and county in this state, or an attorney employed by the Colorado district attorneys' council and actively licensed to practice law in the state of Colorado.

(d) To prosecute felony nonsupport actions pursuant to article 6 of title 14, the district attorney in every judicial district is authorized to appoint any attorney performing child support enforcement services for the county department of human or social services pursuant to article 13 of title 26 as a special deputy district attorney, whether the attorney is employed by the department directly, as a contractual agent for the department, or through the services of a private company under contract with the department. A special deputy district attorney appointed pursuant to this subsection (1) shall not be granted all of the powers enumerated in section 16-2.5-101. The powers granted by this appointment are limited to the prosecutions delineated in this subsection (1).

(2) The district attorney in every judicial district may designate and appoint chief deputy district attorneys, who shall be attorneys-at-law admitted to practice within this state. All chief deputy district attorneys shall hold office at the pleasure of the district attorney; except that no district attorney may appoint more than one chief deputy district attorney without the prior approval of the board of county commissioners or boards of county commissioners of multicounty districts or the city council of the city and county affected. Such chief deputies shall not engage in the private practice of law nor receive any income from any private law firm.

(3) Repealed.

(4) The district attorney shall provide that any member of his staff be assigned regular duties or duty hours in accordance with the schedule of compensation paid such staff member.

Source: L. 1885: p. 176, § 1. L. 1889: p. 150, § 1. R.S. 08: § 2102. C.L. § 5983. CSA: C. 55, § 11. CRS 53: § 45-3-1. C.R.S. 1963: § 45-3-1. L. 67: p. 596, § 2. L. 71: p. 516, § 2. L. 73: p. 550, § 1. L. 75: (1) and (2) amended, pp. 656, 657, §§ 1, 2, effective July 1. L. 79: (1)(c) added, p. 769, § 1, effective May 18. L. 80: (1)(c) amended, p. 549, § 1, effective March 17. L. 96: (1)(d) added and (3) amended, p. 613, §§ 17, 18, effective July 1. L. 2004: (1)(d) amended, p. 1199, § 54, effective August 4. L. 2013: (1)(b) and (1)(c) amended, (SB 13-229), ch. 272, p. 1431, § 14, effective July 1. L. 2018: (1)(d) amended, (SB 18-092), ch. 38, p. 434, § 83, effective August 8; (3) repealed, (HB 18-1138), ch. 88, p. 693, § 7, effective August 8.

Editor's note: The amendments made to this section in 1975 were in an act with a July 1, 1975, effective date, but the Governor did not sign the act until July 14, 1975.

Cross references: (1) For oath and bond of deputies and chief deputies, see § 20-1-101.

(2) For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018. For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

Law reviews. For article, "Controlling the Criminal Justice System: Colorado as a Case Study", see 94 Denv. L. Rev. 497 (2017).

This section is valid. Nesbit v. People, 19 Colo. 441, 36 P. 221 (1894).

Proper appointment of deputies presumed. Where the district court recognizes such deputies, it is to be presumed, in the absence of anything to the contrary, that such deputies were duly appointed and qualified. Nesbit v. People, 19 Colo. 441, 36 P. 221 (1894).

District attorney's subordinates hold office at his pleasure. Johns v. Powell, 35 Colo. App. 108, 532 P.2d 971 (1975).

Part-time deputy district attorneys need not be residents of the counties they serve. Johns v. Powell, 35 Colo. App. 108, 532 P.2d 971 (1975).

If board of county commissioners objects to district attorney's appointees, the burden is on the board to show that there is no reasonable necessity for the part-time deputies the district attorney seeks to employ. Johns v. Powell, 35 Colo. App. 108, 532 P.2d 971 (1975).

Private practice of deputy was not disqualifying under former section. Pieramico v. People, 173 Colo. 276, 478 P.2d 304 (1970).

Enlargement of attorney general's prosecutorial power must be sought from general assembly. People ex rel. Brown v. District Court, 196 Colo. 359, 585 P. 2d 593 (1978).

Where assistant attorney general cannot serve as deputy district attorney. An assistant attorney general cannot serve for one case as deputy district attorney by special appointment of a district attorney whose district has a population over 25,000. People ex rel. Brown v. District Court, 196 Colo. 359, 585 P.2d 593 (1978).

Knowledge of deputies imputed to district attorney. Deputies and assistant district attorneys function only by virtue of the district attorney's authority, and their knowledge and official actions are imputed to the district attorney for purposes of the compulsory joinder statute. Corr v. District Court, 661 P.2d 668 (Colo. 1983).

Deputy district attorneys are not "every other officer" for purposes of art. XII, § 9, because they are appointed not elected; thus, subsection (3) controls. Subsection (3) requires that deputy district attorneys must file their oaths with the secretary of state. Leske v. Golder, 124 P.3d 863 (Colo. App. 2005).

Applied in Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).