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 20-1-107 - Disqualification - court to appoint prosecutor - legislative declaration

(1)
The general assembly finds that the office of the district attorney was created by the state constitution and that the state constitution gives to the general assembly the exclusive authority to prescribe the duties of the office of the district attorney. The general assembly finds and declares that this section is necessary to protect the independence of persons duly elected to the office of district attorney.
(2)
A district attorney may only be disqualified in a particular case at the request of the district attorney or upon a showing that the district attorney has a personal or financial interest or finds special circumstances that would render it unlikely that the defendant would receive a fair trial. A motion to disqualify a district attorney shall be served upon the district attorney at least two weeks before the motion is heard. Such motion shall contain at least a statement of the facts setting forth the grounds for the claimed disqualification and the legal authorities relied upon by the movant and shall be supported by affidavits of witnesses who are competent to testify to the facts set forth in the affidavit. The district attorney may file a response in opposition to the motion and may appear at any hearing held on the motion. The judge shall review the pleadings and determine whether an evidentiary hearing is necessary. The motion shall not be granted unless requested by the district attorney or unless the court finds that the district attorney has a personal or financial interest or special circumstances exist that would render it unlikely that the defendant would receive a fair trial. The order disqualifying the district attorney shall be stayed pending any appeal authorized by this section. If the motion is brought at or before the preliminary hearing, it may not be renewed at the trial court on the basis of facts that were raised or could have been raised at the time of the original motion.
(3)
An interlocutory appeal from an order of disqualification of a district attorney entered in the district court shall be filed in the supreme court pursuant to section
16-12-102(2)
, C.R.S. An appeal from an order of disqualification filed in the county court shall be filed in the district court. In computing the time period within which a trial must be commenced, the period during which an appeal pursuant to this section is pending shall be excluded.
(4)
If the district attorney is disqualified in any case which it is his or her duty to prosecute or defend, the court having criminal jurisdiction may appoint a special prosecutor to prosecute or defend the cause. 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
.
L. 1876: p. 65, § 1. G.L. § 897. G.S. § 1058. R.S. 08: § 2109. C.L. § 5994. CSA: C. 55, § 22. CRS 53: § 45-1-7. C.R.S. 1963: § 45-1-7. L. 77: Entire section amended, p. 858, § 2, effective May 24. L. 2002: Entire section amended, p. 758, § 4, effective July 1.
For procedure when district attorney refused without justification to prosecute, see § 16-5-209.