Colorado § 20-1-102 Appear on behalf of state and counties

Colorado Statutes

§ 20-1-102 — Appear on behalf of state and counties

Colorado § 20-1-102

Title 20District

Art.District Attorneys

This text of Colorado § 20-1-102 (Appear on behalf of state and counties) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 20-1-102 (2026).

Text

(1)Every district attorney shall appear in behalf of the state and the several counties of his or her district:

(a)In all indictments, actions, and proceedings which may be pending in the district court in any county within his district wherein the state or the people thereof or any county of his district may be a party;

(b)On the hearing of every writ of habeas corpus sued out by any person charged with or convicted of any public offense before the judge of his district;

(c)In any such indictment, action, or proceeding which may be removed from the district court of any county within his district for appellate review as provided by law and the Colorado appellate rules;

(d)In any such indictment, action, or proceeding which may be brought to the district court of any county

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(1) Every district attorney
shall appear in behalf of the state and the several counties of his or her district:

(a) In all indictments, actions, and proceedings which may be pending in the
district court in any county within his district wherein the state or the people
thereof or any county of his district may be a party;

(b) On the hearing of every writ of habeas corpus sued out by any person
charged with or convicted of any public offense before the judge of his district;

(c) In any such indictment, action, or proceeding which may be removed from
the district court of any county within his district for appellate review as provided
by law and the Colorado appellate rules;

(d) In any such indictment, action, or proceeding which may be brought to the
district court of any county in his or her district by change of venue from any other
district;

(e) When he or she may deem it advisable to do so, in the preliminary
examination of persons charged with any offense before any judge within his or her
district; and

(f) In any probation probable cause hearing brought pursuant to the rules
adopted under the Interstate Compact for Adult Offender Supervision, part 28 of
article 60 of title 24, C.R.S., or the interstate compact for juveniles, part 7 of article
60 of title 24, C.R.S.

(2) Nothing in this section shall be so construed as to prevent the county
commissioners of any county from employing one or more attorneys to appear and
prosecute or defend in behalf of the people of the state or of such county, in any
such indictment, action, or proceeding.

(3) The district attorney, when enforcing support laws pursuant to statute or
contract, may use any remedy, either civil or criminal, available under the laws of
this state and may appear on behalf of the people of the state of Colorado in any
judicial district in this state. When doing so, the district attorney represents the
people of the state of Colorado, and nothing within this section creates an attorney-client relationship between the district attorney and any party, other than the
people of the state of Colorado, or witness to the action; except that any district
attorney who is a contractual agent for a county department of human or social
services shall collect a fee pursuant to section 26-13-106 (2).

Legislative History

Source: R.S. p. 262, � 4. G.L. � 895. G.S. � 1056. R.S. 08: � 2096. C.L. � 5975. CSA: C. 55, � 2. CRS 53: � 45-1-2. C.R.S. 1963: � 45-1-2. L. 64: p. 392, � 32. L. 81: (3) added, p. 901, � 2, effective May 27. L. 82: (3) amended, p. 281, � 5, effective April 2. L. 88: (3) amended, p. 635, � 13, effective July 1. L. 2005: (3) amended, p. 499, � 4, effective August 8. L. 2016: IP(1), (1)(d), and (1)(e) amended and (1)(f) added, (HB 16-1268), ch. 141, p. 419, � 1, effective May 4. L. 2018: (3) amended, (SB 18-092), ch. 38, p. 434, � 82, effective August 8.