§ 24-31-111 — Legal services to state agencies - definitions

Colorado § 24-31-111

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Department of Law

Text

(1) The attorney
general shall provide legal services for each state agency as provided in section 24-31-101. The attorney general shall assign one or more deputy attorneys general or
assistant attorneys general to perform legal services for each state agency
requiring such services.

(2) No state agency shall appoint, solicit, or employ any person to perform
legal services except in accordance with this part 1.

(3) Legal services provided to state agencies are subject to supervision of
the attorney general and must be rendered in accordance with the legal policies of
the state as determined by the attorney general.

(4) No assistant solicitor general, deputy attorney general, or assistant
attorney general may appear in any court of this state or of the United States on
behalf of a state agency unless specifically authorized to so appear by the attorney
general.

(5) Whenever the attorney general is unable, has failed, or refuses to provide
legal services to a state agency, as determined by the governor if the agency is in
the executive branch, or by the chief justice if the agency is in the judicial branch, or
by the state auditor if the agency is the office of the state auditor, the agency may
employ counsel of its choosing to provide such legal services. Any expense incurred
due to the employment of counsel pursuant to this subsection (5) is a lawful charge
against appropriations for this purpose made by the general assembly to the
department of law.

(6) As used in this section:

(a) Legal services means providing legal counsel by an attorney-at-law for
a state agency, including representation in court, providing legal advice, and
issuance of formal and informal legal opinions.

(b) State agency means any department, division, section, unit, office,
officer, commission, board, institution, institution of higher education, or other
agency of the executive department and judicial department of state government.
State agency does not mean the legislative department except for the state
auditor in accordance with section 2-3-104.5.

Legislative History

Source: L. 2020: Entire section added, (SB 20-063), ch. 12, p. 54, � 8, effective September 14.