Colorado § 24-31-101 - Powers and duties of attorney general - services related to supporting outside counsel - rules - notice to the revisor of statutes - repeal.

§ 24-31-101. Powers and duties of attorney general - services related to supporting outside counsel - rules - notice to the revisor of statutes - repeal.

(1) The attorney general:

(a) Shall act as the chief legal representative of the state and be the legal counsel and advisor of each department, division, office, board, commission, bureau, and agency of state government but shall not provide legal counsel to the legislative branch except for the state auditor in accordance with section 2-3-104.5;

(b) Shall appear for the state and prosecute and defend all actions and proceedings, civil and criminal, in which the state is a party or is interested when required to do so by the governor;

(c) Shall prosecute and defend for the state all causes in the appellate courts in which the state is a party or is interested;

(d) Shall give his or her opinion in writing upon all questions of law submitted to the attorney general by the:

(I) General assembly, or either the house of representatives or the senate;

(II) Governor;

(III) Lieutenant governor;

(IV) Secretary of state;

(V) State treasurer;

(VI) Executive director of the department of revenue; or

(VII) Commissioner of education.

(e) Shall have concurrent jurisdiction with the relevant district attorney over part 4 of article 120 of title 12;

(f) May appoint deputy attorneys general and assistant attorneys general for the efficient administration and supervision of department divisions and offices specified in section 24-31-102;

(g) May, at his or her sole discretion, appoint special assistant attorneys general to provide legal services to state agencies except as otherwise provided in section 24-31-111 (5);

(h) Shall, at the request of the governor, secretary of state, state treasurer, executive director of the department of revenue, or commissioner of education, prosecute and defend all suits relating to matters connected with their departments;

(i) May independently initiate and bring civil and criminal actions to enforce state laws, including actions brought pursuant to:

(I) The "Colorado Antitrust Act of 1992" or the "Colorado State Antitrust Act of 2023", article 4 of title 6;

(II) The "Colorado Consumer Protection Act", article 1 of title 6;

(III) The "Unfair Practices Act", article 2 of title 6;

(IV) Article 12 of title 6;

(V) Section 6-1-110;

(VI) Section 11-51-603.5;

(VII) Section 11-61-102;

(VIII) Section 24-34-505.5;

(IX) Section 25.5-4-306;

(X) Article 4 of title 8, subject to section 24-31-1303 (2);

(XI) The "Colorado Employment Security Act", articles 70 to 82 of title 8, subject to section 24-31-1303 (1);

(XII) The "Immigrant Tenant Protection Act" in part 12 of article 12 of title 38;

(XIII) The "Mobile Home Park Act" in part 2 of article 12 of title 38;

(XIV) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" in part 11 of article 12 of title 38;

(XV) Part 1 of article 12 of title 38;

(XVI) Part 7 of article 12 of title 38;

(XVII) The "Rental Application Fairness Act", part 9 of article 12 of title 38;

(XVIII) The "Reproductive Health Equity Act", part 4 of article 6 of title 25;

(XIX) Part 15 of article 5 of title 25;

(XX) Part 5 of article 12 of title 38;

(XXI) Part 12 of article 4 of title 29;

(XXII) Part 14 of article 12 of title 38;

(XXIII) Section 24-34-806;

(XXIV) Section 13-1-140.1;

(XXV) Repealed.

(XXVI) Article 116 of title 24.

(XXVII) The "Colorado Voting Rights Act", article 47 of title 1.

(XXVIII) Beginning January 1, 2026, part 4 of article 12 of title 38;

(XXIX) Beginning January 1, 2026, part 8 of article 12 of title 38;

(XXX) Beginning January 1, 2026, part 10 of article 12 of title 38;

(XXXI) Section 13-16-126; and

(XXXII) Section 25-1.5-101 (1)(i)(I)(D) and (1)(dd).

(j) Shall have the powers, duties, and functions as are prescribed for heads of principal departments in the "Administrative Organization Act of 1968", article 1 of this title 24;

(k) May make rules, pursuant to section 24-4-103, as may be necessary to carry out the duties imposed upon him or her by law;

(l) When required, shall prepare drafts for contracts, forms, and other writings that may be required for the use of the state;

(m) Upon request of any employee in the state personnel system, shall represent such employee in any civil action or administrative proceeding instituted against such employee, either in the employee's official or individual capacity if the action or proceeding arises out of performance of the employee's official duties as determined by the attorney general and if the action or proceeding has not been brought by the state personnel director or the appointing authority of the employee seeking dismissal or other disciplinary action; except that the attorney general shall not represent any such employee in an action brought under section 24-50.5-105;

(n) Shall, pursuant to section 24-30-1507, represent expert witnesses and consultants described in section 24-30-1510 (3)(h);

(o) Shall keep in proper books a record of all official opinions and a register of all actions prosecuted or defended by him or her and of all proceedings had in relation thereto and the status of pending matters in his or her office, which books or registers the attorney general shall deliver to his or her successor. Publication of opinions or other material circulated in quantity outside the executive branch must be issued in accordance with section 24-1-136.

(p) May bring a civil action to enforce section 24-31-113;

(q) May bring a civil action to enforce section 24-31-307 (2) or a criminal action to enforce section 24-31-307 (3);

(r) May enter into interagency agreements pursuant to section 6-1-116 (4);

(s) May bring or intervene in a civil action, conduct investigations, and issue civil investigation demands pursuant to the "Colorado False Claims Act", part 12 of this article 31;

(t) May bring a civil action to enforce section 25-7-144;

(u) May, if the attorney general has reason to believe that a violation of a statute or rule is causing an imminent and substantive endangerment to the public health, water quality, or environment within a mobile home park, request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment;

(v) May expend money, manage staff, and perform other administrative functions essential for the operation of a district attorney's office when appointed by executive order of the governor;

(w) May conduct jail assessments in collaboration with the jail standards advisory committee, created pursuant to section 30-10-530, pursuant to section 24-31-118;

(x) (I) Shall submit to the peace officers standards and training board a proposal by December 31, 2030, to update current basic, reserve, and refresher law enforcement training academy programs and improve the peace officer performance of future academy graduates. If the P.O.S.T. board does not accept the proposal, the attorney general shall submit a new proposal within one year after the date the P.O.S.T. board did not accept the proposal.

(II) This subsection (1)(x) is repealed if:

(A) The peace officers standards and training board approves a comprehensive update to law enforcement training academy programs; and

(B) The chair of the peace officers standards and training board notifies the revisor of statutes in writing of the date when the conditions specified in this subsection (1)(x)(II) have occurred by emailing the notice to revisorofstatutes.ga@coleg.gov.

(III) This subsection (1)(x) is repealed, effective upon the date identified in the notice described in subsection (1)(x)(II) of this section or, if the notice does not specify a date, upon the date of the notice to the revisor of statutes.

(y) May bring a civil action to enforce section 8-2-128.5;

(z) (I) Shall review petitions relating to a rule adopted by the department of law in order to:

(A) Assess whether the rule comports with its statutory purpose;

(B) Understand the impact of the rule, including economic costs resulting from compliance with the rule;

(C) Assess the outreach process associated with the rule to ensure stakeholders are engaged in the rule-making process;

(D) Determine appropriate staffing; and

(E) Perform a cost-benefit analysis including indirect factors that affect health and safety.

(II) On and after January 1, 2027, the attorney general shall accept and review petitions requesting the attorney general to review or initiate a rule-making, subject to the rule-making authority granted to the attorney general or the department.

(III) On or before January 1, 2028, the attorney general shall adopt rules that govern the process for responding to or issuing opinion letters. The rules must include interpretive guidance and an operational framework, which framework includes a good faith reliance defense of an action that may otherwise constitute a violation of title 6.

(aa) May meet with the joint budget committee in an executive session to discuss potential budgetary impacts of current litigation, as described in section 2-3-211.

(2) The general assembly hereby recognizes and reaffirms that the attorney general has all powers conferred by statute and by common law in accordance with section 2-4-211 regarding all trusts established for charitable, educational, religious, or benevolent purposes.

(3) and (4) Repealed.

(5) The attorney general shall conduct enforcement actions authorized by Senate Bill 25-020, if any, within existing appropriations.

(6) Services, support, and infrastructure procured by the department of law to secure outside counsel or to support civil or criminal proceedings, civil or criminal enforcement, or other legal or litigation-related services, support, and infrastructure are not subject to section 24-30-202 (2) or articles 101 to 112 of this title 24.

(7) In any action brought by the attorney general in the attorney general's official capacity, or on the relation of the state of Colorado or the people of the state of Colorado, to enforce the law as authorized by statute or common law, the attorney general shall not be deemed to pursue an action on behalf of any other state officer or any state agency, department, office, board, commission, or enterprise and shall not be deemed in possession, custody, or control of any record that is made, kept, or maintained by any other state officer or any state agency, department, office, board, commission, or enterprise for the purpose of any discovery request directed at the attorney general in the attorney general's official capacity, or on the relation of the state of Colorado or the people of the state of Colorado, as a party to such action.

Source: L. 41: § 79, § 49. CSA: C. 3, § 49. CRS 53: § 3-9-1. C.R.S. 1963: § 3-9-1. L. 64: p. 119, § 15. L. 65: p. 144, § 1. L. 75: (1)(a) amended, p. 215, § 45, effective July 16. L. 77: (1)(e) added, p. 1183, § 1, effective May 26; (1)(a) and (1)(b) amended, p. 263, § 2, effective June 2. L. 79: (4) amended, p. 968, § 3, effective June 15. L. 81: (5) added, p. 1166, § 1, effective May 26; (1)(f) added, p. 671, § 3, effective July 1; (2) repealed, p. 339, § 2, effective July 1. L. 83: (1)(c) amended, p. 835, § 43, effective July 1. L. 94: (6) added, p. 565, § 11, effective April 6. L. 2004: (4.5) added, p. 620, § 2, effective July 1. L. 2006: (1)(f) amended, p. 762, § 22, effective July 1. L. 2014: (4.7) added, (HB 14-1380), ch. 376, p. 1794, § 4, effective July 1. L. 2016: (1)(a), (1)(b), (1)(c), (1)(d), (3), and (4) amended, (HB 16-1094), ch. 94, p. 263, § 1, effective August 10. L. 2019: (1)(f) amended, (HB 19-1172), ch. 136, p. 1688, § 127, effective October 1. L. 2020: (3) and (4) added, (SB 20-217), ch. 110, p. 457, § 9, effective June 19; entire section R&RE, (SB 20-063), ch. 12, p. 49, § 2, effective September 14. L. 2021: (1)(n) amended, (1)(p) and (1)(q) added, and (3) and (4) repealed, (HB 21-1250), ch. 458, p. 3065, § 10, effective July 6. L. 2022: (1)(i) amended, (SB 22-161), ch. 370, p. 2637, § 13, effective August 10; (1)(i) amended, (SB 22-228), ch. 407, p. 2883, § 2, effective August 10; (1)(i) amended, (HB 22-1082), ch. 166, p. 1026, § 2, effective August 10; (1)(p) and (1)(q) amended and (1)(r) added, (SB 22-157), ch. 154, p. 982, § 2, effective August 10; (1)(p) and (1)(q) amended and (1)(t) added, (SB 22-179), ch. 485, p. 3521, § 1, effective August 10; (1)(p) and (1)(q) amended and (1)(s) added, (HB 22-1119), ch. 394, p. 2778, § 1, effective August 10; (1)(i) amended, (HB 22-1287), ch. 255, p. 1855, § 1, effective October 1. L. 2023: (1)(i)(XVI) and (1)(i)(XVII) amended and (1)(i)(VXIII) added, (SB 23-188), ch. 68, p. 250, § 21, effective April 14; (1)(s) and (1)(t) amended and (1)(u) added, (HB 23-1257), ch. 376, p. 2257, § 4, effective June 5; (1)(i)(I) amended, (HB 23-1192), ch. 427, p. 2518, § 4, effective June 7; (1)(e) amended, (HB 23-1250), ch. 432, p. 2537, § 1, effective August 7; (1)(i)(XVII) amended, (HB 23-1099), ch. 151, p. 642, § 5, effective August 7. L. 2024: (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XX) added, (SB 24-094), ch. 158, p. 729, § 12, effective May 3; (1)(t) and (1)(u) amended and (1)(v) added, (HB 24-1118), ch. 73, p. 241, § 1, effective April 17; (1)(t) and (1)(u) amended and (1)(w) added, (HB 24-1054), ch. 328, p. 2218, § 5, effective June 3; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXII) added, (HB 24-1294), ch. 399, p. 2750, § 19, effective June 30; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XIX) added, (HB 24-1081), ch. 72, p. 240, § 3, effective July 1; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXI) added, (HB 24-1175), ch. 286, p. 1918, § 2, effective August 7; (1)(i)(XVII) and (1)(i)(XVIII) amended and (1)(i)(XXIII) added, (HB 24-1342), ch. 477, p. 3344, § 3, effective January 1, 2025. L. 2025: (1)(i)(XXII) amended and (1)(i)(XXIV), (1)(i)(XXV), and (1)(i)(XXVI) added, (SB 25-129), ch. 96, p. 439, § 6, effective April 24; (1)(i)(XXII) and (1)(i)(XXIII) amended and (1)(i)(XXVII) added, (SB 25-001), ch. 178, p. 759, § 12, effective August 6; (1)(i)(XXII) amended and (1)(i)(XXVIII), (1)(i)(XXIX), (1)(i)(XXX), and (5) added, (SB 25-020), ch. 264, p. 1354, § 2, effective August 6; (1)(i)(XXII) and (1)(i)(XXIII) amended and (1)(i)(XXXI) added, (HB 25-1329), ch. 407, p. 2321, § 3, effective August 6; (1)(i)(XXV) repealed, (SB 25-300), ch. 428, p. 2449, § 30, effective August 6. L. 2026: (1)(v) and (1)(w) amended and (1)(y) added, (HB 26-1143), ch. 351, p. 2126, § 3, effective June 3; (1)(i)(XXX) and (1)(i)(XXXI) amended and (1)(i)(XXXII) added, (HB 26-1276), ch. 371, p. 2246, § 4, effective June 4; (1)(v) and (1)(w) amended and (1)(x) added, (HB 26-1312), ch. 367, p. 2229, § 1, effective August 12; (1)(v) amended and (1)(z), (1)(aa), and (6) added, (HB 26-1426), ch. 334, p. 2024, § 95, effective August 12; (6) added, (SB 26-137), ch. 132, p. 587, § 2, effective August 12.

Editor's note: (1) Amendments to this section by SB 20-063 and SB 20-217 were harmonized.

(2) Amendments to subsection (1)(i) by SB 22-161, SB 22-228, HB 22-1082, and HB 22-1287 were harmonized.

(3) Amendments to subsections (1)(p) and (1)(q) by SB 22-157, SB 22-179, and HB 22-1119 were harmonized.

(4) Amendments to subsection (1)(i)(XVII) by HB 23-1099 and SB 23-188 were harmonized.

(5) Subsections (1)(i)(XVII) and (1)(i)(XVIII) were amended in HB 24-1342, effective January 1, 2025. However, those amendments were superseded by the amendments to subsections (1)(i)(XVII) and (1)(i)(XVIII) in SB 24-094, effective May 3, 2024, HB 24-1294, effective June 30, 2024, HB 24-1081, effective July 1, 2024, and HB 24-1175, effective August 7, 2024.

(6) Section 4 of chapter 351 (HB 26-1143), Session Laws of Colorado 2026, provides that the act changing this section applies to contracts entered into and background checks requested on or after June 3, 2026.

(7) Subsection (7) was numbered as subsection (6) in SB 26-137 but was renumbered on revision for ease of location.

Cross references: (1) For legal services provided by the office of the attorney general to the board of assessment appeals, see § 39-2-127 (3); for the salary of the attorney general, see § 24-9-101; for discretionary funds of the attorney general, see § 24-9-105; for the election of the attorney general, see § 3 of art. IV, Colo. Const., and § 1-4-204.

(2) For the legislative declaration in SB 20-217, see section 1 of chapter 110, Session Laws of Colorado 2020. For the legislative declaration in HB 22-1082, see section 1 of chapter 166, Session Laws of Colorado 2022. For the legislative declaration in SB 23-188, see section 1 of chapter 68, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1081, see section 1 of chapter 72, Session Laws of Colorado 2024. For the legislative declaration in HB 26-1143, see section 1 of chapter 351, Session Laws of Colorado 2026.

ANNOTATION

Law reviews. For article, "Administrative Law", see 59 Den. L.J. 173 (1982). For article, "New Law Gives Local Governments Rights to Purchase Multifamily Rental Properties", see 54 Colo. Law. 44 (Sept.-Oct. 2025).

Annotator's note. The following annotations include cases decided under this section as it existed prior to its 2020 repeal and reenactment.

Executive order that directs the attorney general to prosecute certain cases remains in effect until modified, rescinded, or superseded. Because an executive order is the mandate of the office of the governor, not the individual holding the title of governor when it issues, it remains in effect until modified, rescinded, or superseded and does not expire when the issuing governor leaves office. Neither this section nor any other legal authority requires an executive order to include a temporal or spatial framework or to expire after the lapse of some undefined period deemed sufficient by a court. People v. Salgado, 2019 COA 5, 444 P.3d 829.

Attorney general only has powers granted by the general assembly and common law unless the general assembly repeals a common law power. People ex rel. Tooley v. District Court, 190 Colo. 486, 549 P.2d 774 (1976); People ex rel. Salazar v. Davidson, 79 P.3d 1221 (2003).

Although the constitution recognizes the attorney general as being part of the executive branch of government, § 1 of art. IV, Colo. Const., the attorney general does not have powers beyond those granted by the general assembly. People ex rel. Tooley v. District Court, 190 Colo. 486, 549 P.2d 774 (1976).

No authority to prosecute criminal actions absent governor's command. In the absence of a command from the governor, the attorney general is not authorized to prosecute criminal actions. People ex rel. Tooley v. District Court, 190 Colo. 486, 549 P.2d 774 (1976).

However, this section does not limit the power of the attorney general to petition for the impanelment of a state grand jury. People v. Valdez, 928 P.2d 1387 (Colo. App. 1996).

Powers of attorney general are not enlarged by grand jury act. The statutory powers granted to the attorney general under this section are not enlarged by the statewide grand jury act, § 13-73-101 et seq. People ex rel. Tooley v. District Court, 190 Colo. 486, 549 P.2d 774 (1976).

Therefore, attorney general cannot prosecute all grand jury indictments. Neither by express provision nor by implication did the general assembly grant the attorney general the right to prosecute all indictments returned by a state grand jury. People ex rel. Tooley v. District Court, 190 Colo. 486, 549 P.2d 774 (1976).

Attorney general prosecuting case is exercising district attorney's powers. When the governor 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 that officer. People v. Gibson, 53 Colo. 231, 125 P. 531 (1912); People ex rel. Witcher v. District Court, 190 Colo. 483, 549 P.2d 778 (1976).

This section and § 20-1-102 are not inconsistent. This section, permitting the governor to appoint the attorney general to prosecute cases in which the state is a party or is interested, and § 20-1-102, directing the district attorney to appear on behalf of the state or counties of his district where the state or the people thereof or any county may be a party, are not inconsistent. The specific duty imposed upon the district attorney in no way limits or excludes the general authority of the attorney general upon the same subject. People ex rel. Witcher v. District Court, 190 Colo. 483, 549 P.2d 778 (1976); People v. Vickers, 199 Colo. 305, 608 P.2d 808 (1980).

For history of statutes providing for prosecutions, see People v. Gibson, 53 Colo. 231, 125 P. 531 (1912).

Attorney general is authorized to sue to enjoin restraint of trade. The attorney general has jurisdiction, when ordered by the governor, to institute a suit on behalf of the people to enjoin a combination in restraint of trade. Denver Jobbers' Ass'n v. People ex rel. Dickson, 21 Colo. App. 326, 122 P. 404 (1912).

He is also statutory legal advisor of the legislative and executive departments. In re Interrogatories of House, 62 Colo. 188, 162 P. 1144 (1916) (decided under former law).

Including university board of regents. The attorney general is the legal adviser of the board of regents of the university, and it is his duty to institute, prosecute, and defend all suits in its behalf. People ex rel. Jerome v. Regents of State Univ., 24 Colo. 175, 49 P. 286 (1897).

But he is not "ex officio" counsel for state treasurer and state officers; however, when requested to do so, it is his duty to appear for such officers in actions brought against them in their official capacity. Nance v. People ex rel. Sheedy, 25 Colo. 252, 54 P. 631 (1898).

Executive order authorizing representation of state department required. In a proceeding in the county court by the department of public welfare (now department of social services) against the estate of a pensioner, the attorney general is required to obtain an executive order from the governor authorizing and directing him to represent the department; if he fails to do so, the agency is without representation in the trial court, and is without representation to sue out a writ of error in the supreme court. Dunbar v. County Court, 131 Colo. 483, 283 P.2d 182 (1955) (decided under former law).

The duty of the attorney general to represent the state in civil actions extends only to situations in which the attorney general's participation is required by the governor. Bd. of Soc. Serv. v. Dept. of Soc. Serv., 902 P.2d 407 (Colo. App. 1994).

Employees of county department of social services are not entitled to representation by the attorney general because such employees are not in the state personnel system. Gilman v. State, 932 P.2d 832 (Colo. App. 1996), rev'd on other grounds, 949 P.2d 565 (Colo. 1997).

Executive order as command. An executive order may constitute the requisite express command from the governor to authorize the attorney general to bring an action on the state's behalf. State of Colo. v. ASAR Co., Inc., 616 F. Supp. 822 (D. Colo. 1985).

State did not waive sovereign immunity where record does not reveal and county does not assert that there has been a determination by the governor that there has been a failure or refusal to provide legal services. Bd. of Soc. Serv. v. Dept. of Soc. Serv., 902 P.2d 407 (Colo. App. 1994).

Presumption that attorney general is authorized to appear. Where the attorney general appears for the state treasurer in an action brought against him, he is presumed to have been authorized to do so. Nance v. People ex rel. Sheedy, 25 Colo. 252, 54 P. 631 (1898).

Attorney general's permissive intervention under C.R.C.P. 24(b)(2) held improper. Gillies v. Schmidt, 38 Colo. App. 233, 556 P.2d 82 (1976); People ex rel. Brown v. District Court, 196 Colo. 359, 585 P.2d 593 (1978).

The attorney general has avoided violating due process and avoided the appearance of impropriety by establishing an internal system that allows the office to act as both an advocate and an advisor to the decision-making body in the same administrative case. People ex rel. Woodard v. Brown, 770 P.2d 1373 (Colo. App. 1989).

Executive order is not a legislative act violating separation of powers. Because an executive order that requires the office of the attorney general to investigate and prosecute Medicaid fraud and patient abuse cases does not create any new offenses or establish penalties for any act, but instead merely instructs an executive branch agency to prosecute certain offenses already established by the general assembly, it is not a legislative act. People v. Salgado, 2019 COA 5, 444 P.3d 829.