2023 Colorado Revised Statutes › Title 20 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Article 1 - DISTRICT ATTORNEYS (§§ 20-1-101 — 20-1-308) › Part 1 - GENERAL PROVISIONS (§§ 20-1-101 — 20-1-115) › Section 20-1-102 - Appear on behalf of state and counties

(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)
.
Amended by 2018 Ch. 38,§ 82, eff. 8/8/2018.
Amended by 2016 Ch. 141,§ 1, eff. 5/4/2016.
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.
For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.