§ 16-5-209 — Judge may require prosecution

The judge of a court having
jurisdiction of the alleged offense, upon affidavit filed with the judge alleging the
commission of a crime and the unjustified refusal of the prosecuting attorney to
prosecute any person for the crime, may require the prosecuting attorney to appear
before the judge and explain the refusal. If after that proceeding, based on the
competent evidence in the affidavit, the explanation of the prosecuting attorney,
and any argument of the parties, the judge finds that the refusal of the prosecuting
attorney to prosecute was arbitrary or capricious and without reasonable excuse,
the judge may order the prosecuting attorney to file an information and prosecute
the case or may appoint a special prosecutor to do so. The judge shall appoint the
special prosecutor from among the full-time district attorneys, assistant district
attorneys, or deputy district attorneys who serve in judicial districts other than
where the appointment is made; except that, upon the written approval of the chief
justice of the supreme court, the judge may appoint any disinterested private
attorney who is licensed to practice law in the state of Colorado to serve as the
special prosecutor. Any special prosecutor appointed pursuant to this section shall
be compensated as provided in section 20-1-308, C.R.S.

Legislative History

Source: L. 72: R&RE, p. 217, � 1. C.R.S. 1963: � 39-5-209. L. 77: Entire section amended, p. 858, � 1, effective May 24. L. 2000: Entire section amended, p. 454, � 12, effective April 24.