Colorado § 20-1-208 - Special officers - stenographers - salaries.

§ 20-1-208. Special officers - stenographers - salaries.

(1) The district attorney of each judicial district in this state having more than one hundred thousand population, as shown by the last decennial census, except the city and county of Denver, is authorized by and with the consent of the district judges of the judicial district to appoint one or two special officers, each at an annual salary to be determined by such district judges of not to exceed five thousand dollars, and actual and necessary expenses; and in his district he is authorized by and with the consent of the district judges of the judicial district to appoint a stenographer at an annual salary to be determined by such district judges of not to exceed three thousand dollars. Said salaries shall be paid monthly and shall be borne and paid monthly by the several counties comprising said judicial districts. Each county shall pay its proportionate part of said salaries as the population of such county bears to the whole population of the judicial district, according to the last preceding decennial census.

(2) The district attorney of each judicial district in the state having a population of less than one hundred thousand as shown by the last decennial census is authorized to appoint a special investigator, a stenographer, and such other technical and professional assistants as are necessary to assist him in properly transacting all of the business of his office. The salary and compensation for such employees and assistants shall be fixed by such district attorney in an amount commensurate with the services performed and the duties and responsibilities of such employees. The salaries of such persons so appointed shall be paid by the various counties within the judicial district, each county paying its proportionate part of said salaries as the population of such county bears to the whole population of such judicial district, according to the last preceding decennial census. Such budget shall be approved by the boards of county commissioners.

Source: L. 07: p. 370, § 2. R.S. 08: § 2105. C.L. § 5990. CSA: C. 55, § 18. L. 47: p. 394, § 1. L. 51: p. 353, § 1. L. 52: p. 104, § 1. L. 53: p. 254, § 1. CRS 53: § 45-3-14. L. 57: p. 339, § 1. C.R.S. 1963: § 45-3-12.

ANNOTATION

Purpose of section. The general assembly intended that district attorney's offices should be staffed with such employees as are reasonably necessary to perform the duties incumbent on the district attorney. Johnson v. Bd. of County Comm'rs, 174 Colo. 350, 483 P.2d 1344 (1971).

The term "stenographer" as used in this section is descriptive and not exclusive. Johnson v. Bd. of County Comm'rs, 174 Colo. 350, 483 P.2d 1344 (1971).

Review of hiring and salary set by district attorney. It would be an unreasonable interpretation of subsection (2) to declare that the county commissioners must rubber-stamp the hiring of an employee or the salary of the employees appointed by the district attorney. Johnson v. Bd. of County Comm'rs, 174 Colo. 350, 483 P.2d 1344 (1971).

The burden is upon the board of county commissioners, if they choose to challenge the wisdom of the district attorney's decision to employ personnel to staff his office in accordance with subsection (2), to show that there is no reasonable necessity for such employment and that in employing personnel the district attorney acted arbitrarily, capriciously, and abused his discretion in making such appointment and in setting the salary for such appointed employee. Johnson v. Bd. of County Comm'rs, 174 Colo. 350, 483 P.2d 1344 (1971).

Position of clerk-typist approved. From the record the supreme court finds that the county commissioners failed to sustain their burden of proof and did not establish that the district attorney acted arbitrarily and capriciously in appointing a clerk-typist and in fixing her salary. The district attorney of a district having a population of less than 100,000 under the provisions of subsection (2) can hire a clerk-typist, in addition to a stenographer. Johnson v. Bd. of County Comm'rs, 174 Colo. 350, 483 P.2d 1344 (1971).