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Home My WebLink About751052.tiff Duties 1 . Prosecute felonies - 600 filings - 50 trials 2 . Prosecute misdemeanors - 14 , 000 cases - 1400 trials 3 . Juvenile Delinquency Petitions & Hearings-375 - 50 trials 4 . Juvenile Delinquency Investigation and Counseling-1200 5 . Reciprocal Non-Support - 150 filings - 5n hearings 6 . Mental Commitments - 65 - 12 hearings 7 . Consumer Affairs - 400 complaints - 6 trials ( $12 , 000) 8 . Legal Opinions & Representation of County Officials except , r Commissioners - 25 9. Felony & misc . investigations - 400 10 . Appeals - 25 ( From County Ct . , Interlocutory , Drivers License Suspension . ) 11 . Welfare Fraud - 35 cases 12 . Probation & Parole Revocations - 35 hearings 13 . Adult Diversion Program - 125 14 . Grand Juries - 2 in 4 years- 1 every year after 100 , 000 15 . Training Law Enforcement - Academy , Opinion , Interns and Staff 16 . Public Education - Pamphlets , speaking (once per week ) 17 . Civil - Public Nuisance , enviroment , pollution , health 2-5 18. Extradition 19 . On call to major crime scenes . 70 Pg- /054 STAFF 7 attorneys , including myself 4 Secretaries 1 Receptionist 2 Investigators 1 Juvenile Counselor 2 Welfare Fraud Investigator 17 sub-total 7 Interns - 2 Senior law students , 4 UNC , 1 high school -part-time 4 Adult Diversion Program Salary Range $400. 00 per month - $1500. 00 per month . BUDGET Main - $226 , 837 ( 1975 ) from $216 , 607 ( 1974 ) - 5% increase Juvenile Investigator $15 , 000 ( Federal Grang ) 1974 Welfare Fraud - $22 , 000 (State reimbursed & recoveries ) 1975 ADP - $74 , 000 ( Federal Grant ) 1975 + 41° b ill -• ...... 01727 q J a co o •O 0 0 0 0 O 4 \r� I wH to a r 0 0 0o 10 CV � Ul >W .0 N .0 0 0 co.T rrl 1 U 0 ♦ ♦ • • ♦ • `v\ co 0 .O J CO N C•l .-• CO a.> to l) \ C1 m 4 Z 1v�] ' t...1 / ▪ A Q 2 £ LW `\ Cr •»z o a.4. . U_ no Z 4u w W CC 0 ,r ** ♦ * ▪ :u ? 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E •r- Q U VI (it V) C •'- 3 +•I - CT) b VI r- 0 C].+•, R1 V) Cl.) r- S._ >, O C 1- S.- rt) a, (Cl C a) Y •r4- r C1.Yr 0Y •r it }) Gip— •r +, (Cl •r IV > U 0 d •r E 0 r- a 3 '� O r- S.- S.- a) 0- L O O CU MI •r U L i�-I CO •r 0 U t = 0 1 )- I--- J CL W O N U O F--- Li VI U U N •-• LL U O U (f) CO Cl... V I J I �, NNr- MLf) ON LANI� r-I- r MAD N 1 II J Q I- 1...1 CL Q L.) s._ a) a) C Q) S.... O C 4-) r 4-1 IT Q C W 4-) U -) S- •r- C C +, i 0 VI a) i o •r -C 0 U) C I V) U) I 1 I I I I I I I r- r .Zt I N M b ,ct n N- t\ 0 0 0 0 • ill . IIIIIMIIIII Ililll IIIIIIIIIIIIIIIiillal MI UN I• IIII girth-ill Duties of D. A. Vol. I, C.R.S. Constitution of State of Colorado Article VI, Section 13: _ _ District Attorney shall perform such duties as are provided by law. , _.. - Article XII, Section 5 : Grand Jury of County to be directed by District Court thereof to investigate County Treasurer' s accounts and affairs and report to Court, annually at minimum, quarterly at maximum. Colorado Criminal Rules of Procedure Rule 4 : When a complaint is pending, a warrant or summons returned and uncancelled may, at request of prosecuting attorney, be delivered by County judge to sheriff for exe- cution. • (The District Attorney has responsibility for the manner of prosecution of cases before the Courts. ) Rule 4 .1 (c) (2) : Warrants or Summonses upon complaint -- Misdemeanor. Issuance of warrant after complaint. A copy of the summons and complaint shall be supplied to the District Attorney before service; if district attorney so requests, a warrant shall issue instead of a summons. Rule 5 (c) (1) : Preliminary Proceedings by the motion of the district attorney, hold hearing within 10 days. The district attorney shall have the burden of extablishing Probable Cause. Rule 7 -- Indictment and Information -- (b) (1) . The prose- cuting attorney, as informant, may file an information in trial court. -- (b) (3) Direct Information -- The prosecuting attorney, with the consent of Court, may file direct information subject to certain (three) qualifications. • -- (c) Indictment or information must be signed by prose- cuting attorney. Vol. II District attorney shall prosecute all violations of the accountancy law governing the licensing of registered and certified public accountants - (2-1-27) District attorney shall bring any civil or criminal action requested by the commissioner of agriculture to abate any, condition which exists in violation of the agriculture laws or rules, etc. , of the agriculture department of the state (6-1-11) • -1- • District attorney shall prosecute violations of the seed law which governs the sale and shipment of agricultural seeds in Colorado. (6-8-10) District attorney to prosecute violation of the weed laws prohibiting the movement of threshers and related equipment after use on any farm in any district desig- nated as a weed extermination area unless and until the thresher and equipment are cleaned as per statute. (6-9-1) District attorney to prosecute violations of the Insecticide and Rodenticide Act of 1947 which regulates the sale and distribution of economic poisons in Colo. (6-12-6) District attorney to enforce the provisions of the Destruction of Food Products Act of 1917 prohibiting the destruction or waste of food for humans or domestic • animals, for purpose of preserving and protecting food supply of state. (7-2-5) District attorney to prosecute upon his own initiative, upon duly •filed complaint or at request of commissioner of agriculture all violations of the Marketing Act of 1939 governing the marketing of agricultural commodities in Colorado (7-3-16) . ' District attorney to prosecute, at request of enforcing officer or other interested party, all violations of ' the statutes governing Commission Merchants, Brokers and Dealers dealing in farm produce or farm products, and the licensing and regulation thereof. (7-4-15 (2) ) District attorney prosecutes all violations of the Farmer's Chemist fbr Sugar Factories Act requiring sugar factories to submit to inspections by a chemist hired by the factory's farmers - suppliers. (7-11-8) District attorney prosecutes all violations of Frozen Food Provisioner' s Law requiring licensing of and regulating busi- ness of frozen food processors, food plan operators or locker plants. (7-12-8) District attorney to prosecute violations of Transportation of Livestock Act. (8-3-18) District attorney to prosecute violations of statutes governing the control of cattle diseases. (8-5-30) District attorney to prosecute violations of all state government sale and distribution of all Commercial feeding stuffs marketed for cattle (8-14-10) . District attorney prosecutes all violations of: 1. Statutes governing unlicensed practice of architecture (10-1-19) 2 . Statutes governing ventilation of Shops and Garages in which mechanics work and auto motors are operated. 3. Statutes governing the sale and distribution of anti- freeze. (13-18•-9) . . 4. Statutes governing the examination of assets of banks and the liquidation of banks. (14-14-22) -2- 5 . Statutes governing inspection of Boilers (17-3-7) at request of industrial commission. District attorney prosecutes all petitions against delin- quent children (22-8-4) . 6. Battered child act (22-13-5) . 7 . Statutes governing unlicensed practice of chiropractics (23-1-22) . 8. Statutes governing licensing and regulation of collection agencies (27-1-22) . District attorney brings action to enjoin unathorized use of word "co-operative" for business or trade. (30-4-3) (relates to agriculture and livestock association) I. . Vol. III 9 . Statutes governing unlawful practice of dentistry (42-1-32) . District attorney to bring any necessary action to extradite non-supporting parent (43-1-3) . 10. Statutes requiring parents to support any child confined to state institution -- District attorney required to file reports to state (43-3-1, et seq. ) . District attorney to prosecute all violations of the Cos- . metoloty Act. (32-1-27) District attorney to payover to County Treasurer any taxes, fees, fines or other monies received as per law. , (35-1-2) District attorney empowered to sue surety on bond by surety for performance by county commissioner. (35-3-16) District attorney to be notified by coroner when unexplanable or suspicious death; District attorney may cause post mort exam. (35-6-6) District attorney may sue for injunct, mandamers or abatement to prevent, enjoin, abate or remove unlawful erection, construc- tion, alteration, remodeling, maintenance or use (36-15-9) (also prosecute, as misdemeanor, violations of building code) . District attorney empowered to file information in misdemeanor case in County Court (37-7-1) and district attorney shall prosecute in County Court as in District Court (37-7-3) . a District attorney empowered to file information against minor in County Court in all criminal cases (37-8-1) and shall prosecute cases against them in County Court as in District Court. (37-8-5) District attorney to prosecute in District Court all cases transferred by minor from County Court (37-8-7) . District attorney shall appear in behalf of the state and several counties of his district: - in all indictments, proceedings and suits pending in the district wherein the state, the people or any of the counties in the district are parties. -3- , - habeas corpus of person charged or convicted of crime • before judge of district. - in any indictment, action or proceeding which may by . writ of error be removed from district to the supreme court. - indictments, action, suit or proceeding which may be brought to district court in any county in his district by change of venue. - in district attorney' s discretion, in any preliminary hearing of person charged with any offense before any judge within district. (45-1-2) District attorney shall collect forfeited bonds and pay to county treasury: - shall appear at all inquests, and may subpoena and examine witnesses thereat. advise any county officers on any questions of law. - appear before grand jury, advise it and examine witnesses. District attorney must prosecute all violations of: Statutes requiring licensing and regulation of detectives. (44-1-9) Statutes regulating and licensing pharmacists. (48-1-16) Statutes regulating sale and distribution of narcotic • drugs. (48-5-19) ' Statutes governing challenge of votes in elections held in district. (49-13-3) • Statutes governing the conduct of elections (49-21-1) & (49-22-116) & (49-23-11) . Statutes governing unlawful practice of engineering. (51-1-21) Statutes governing unlicensed practice of land sur- veying (51-2-12) (51-2-13) Statutes governing unfair business practices (55-2-9) 55-5-10, 1969) Statutes governing conduct in restraint of Trade and' Commerce (55-4-5) (55-5-10, 1969) • Vol. IV District attorney shall prosecute all violations of statutes governing : - game and fish (62-5-16) & (62-13-16) . District attorney shall represent Department of Health regarding actions involving health laws (66-1-12) ; (66-2-12) - maintenance of public records of vital statistics (66-8-27) , - sale and distribution of prophylactics (66-10-11) . - conduct of prenatal examinations testing for syphillus and records maintained thereof (66-11-5) . • -4- • • : - sanitary regulations of Health Department (66-13-9) . • - sale and distribution of mattresses and bedding (66-1713) .. - pure food and drug law (66-20-7 - Hazardous Household Substances Labeling Act (66-21-8) . - licensing and operation of restaurants (68-2-11) . District attorney shall conduct all commitment proceedings to commit insaind and mental defectives, (71-1-9) , before medical commission. - licensing and sale and distribution of insurance (72-1-8) . - licensing to sell and distribute intoxicating liquors (75-1-13 (75-2-29) (75-2-31) . - convening of juries (78-2-9) - wages (80-8-12) . ,• - wages of employees of mines (80-12-6) wages related to "truck system" (80-20-8) . District attorney to represent state in civil action and to prosecute criminal violations of Employment Securities Laws. • Vol. V District attorney shall prosecute all violations of statutes ' governing: - unlicensed practice of midicine (91-5-16) or physical' therapy (91-6-19) (4) ) . - treatment of cancer(91-7-9 (1) ) . - unlicensed operation of coan mines and the operation of licensed coal mines (92-11-1) . - unlicensed practice of nursing (97-1-25) . - production, distribution and sale of oil and gas. (100-1-5) and operation of oil wells. - cutting of timber on state lands (112-7-8) . - public utilities licensing and operation (115-7-1) - licensing and operation of private motor carriers (115-11-12) . - registration and operation of railroads (116-2-3) . - registration and operation of electric and street railroads (116-5-7) . District attorney shall request all autopsies - unlawful otherwise. (91-3-3) • Vol. VI a District attorney shall prosecute violations of statutes governing: - operation and licensing of Savings and Loans Assoc. (122-5-5) - School attendence law of 1963. (123-20-9 (4) ) - operation of Bucket Shops ("Con" Securities swindles) (x.25-5-2) . District attorney shall commence civil suits to force compliance with land use ordinances of soil conservation districts and. to enjoin violations of ordinances. (128-1-14) -5- • - the licensing of bingo games and raffles. (129-3-11) - registration and licensing of dance schools (129-4-9) . Vol. VII District attorney shall prosecute (represent state) all violations of statutes governing: - unlawful practice (unlicensed) as electrician. (142-2-12) - unlicensed plumber (142-1-22) - repayment of refund due to state which state originally refunded or paid erroneously to any person (State Department of Revenue -- Income tax) (138-2-3 (3) (d) ) . ,•. - Taxation by state at request of Director of Revenue, etc. , for motor fuel. (138-2-20) - sales and use tax (138-5-24 (7) (b) ) . • - unlawful practice of veterinarian medication (145-1-10).. - construction, maintenance and operation of water reservoirs (148-5-14) . • • - maintenance of uniform weights and measures standards (152-1-34) • Vol. IX District attorney shall prosecute violations of Public Livestock Market Act - misdemeanor to operate market in violation of Act (8-11-1 (6) &17) District attorney shall enforce Eggs Act - prosecute any violation of Act - misdemeanor (7-9-7 (1) , 1965) . District attorney to enforce provisions of Brake fluid sale act on referral by state inspector (13-23-3, 1965) . District attorney may enjoin unlawful practice of engineering which is misdemeanor (51-1-6 &19 (11) , 1965) . District shall enforce local government audit law on notice from state auditor (88-6-7(1) , 1965) . Vol. X District attorney shall prosecute all violations of statutes: - Commercial Pesticides Applicator' s Act, governing persons applying pesticides for hire (6-14-19 & 20) - governing safety of storage and trasportation of anhydrous a ammonia (6-17-7) . - governing transportation of livestock (0-3-12 (2) ) . - governing quarrantine of tubercular patient (66-12-7) . - governing control of air pollution (66-29-14) . - governing licensing and control of sale and distribution of insurance (72-23-5) . - governing minimum standards for land surveys and plats ,(136- 4-11) . Vol. XI - governing the licensing and regulation of the operation of Contract Motor Carriers. . -6- • •••,•- • • - governing sale and use fire extinguishers (17-5-5) . - governing the regulation of conduct related to game, fish and parks in Colorado (62-12-30) . District attorney represents Industrial Commission and Department of Labor in any action in district in which one is party. (80-1-42) , and to prosecute violations of labor statutes (80-1-47) . District attorney to prosecute violations of statutes: - represent state in county where case pending re workman compensation cases. - represent state director of, or industrial commission on for enforcement or recovery of proceeds due state compen- sation fund (81-14-29) and defend director or commission. - governing safe operation of mines (92-33-28) . commissioner of mines. - governing operation of commercial carriers - motor vehicles on notice from Public Utilities Commission (115-10-14) . Vol. XII ' District attorney must prosecute violations of the Pesticides ' Ace referred by Agriculture Department (6-12-7 (1) (c) , as amended 1965) . (Vol. 9) District attorney refusal or acceptence of guilty plea not grounds for error. (40-1-3-2, 1971) • District attorney may offer evidence and shall be' accepted by . court on one felony plea of guilty (40-1-304, 1971) . District attorney may challenge array of jurors (40-1-506 (6) , 1971) District attorney must proceed on separate counts of single prosecution after he elects offenses to be prosecuted (40-1-508) District attorney may prosecute sex offenses (40-3-401 to 410) only if in thirty days except when victim incompetent or minor under 16, -- then within three months of knowledge (40-3-412) District Attorney shall assist court in behalf of persons entitled to maintenance and support in enforcing a court order. (46-1-17 (5) (6) (1971) ) . District attorney has duty to enforce provisions of Narcotic Drug Act (40-5-19 , 1971) District attorney, at request of commission of health, may bring suit to enjoin violations of anti-air pollution order of commission; concurrent jurisdiction with attorney general (66-31-18, 1973) District attorney shall bring any suit, criminal or civil, requested by health office to abate conditions which exist. in violation of health laws (66. 37-14, 1971) . District attorney may request 23 rather than 12 grand jurors , (78-6-2 1970) . District attorney has duty to• prosecute all violations of Towing carriers - Motor Vehicle Act. (115-14-11 (12) , 1971) 1972 AMENDMENTS, etc. 45-1-5 Represent city and county officers in the defense of all civil or criminal actions against such officers in any court of this state or in any federal court if the action is related to the duties of that officer. 49-21-1 District attorney to prosecute violations of election and sufferage laws. 62-12-30 District attorney prosecutes violations of Game, Fish and Park law. 89-25-15 (3) District attorney prosecutes violations of regulations promelgated by local improvement and service districts. •119-9-17 80-1-42 District attOrney to appear in behalf of director of the division of labor or the industrial commission in all actions for the review of any finding, order or award of said commission; and to institute and prosecute any necessary proceedings for the enforcement bf any provision of the labor laws, or for the recovery of any money due to the division of labor, or any penalty and defend any actions against the director or the commission (80-1-47) . 1973 SESSION LAWS 128-1-14 Soil conservation district violation. 51-2-11 surveyors - enforcement 2-1-27 accounting laws - violation 45-1-2 State or cities represented by 7-3-16 Agricultural marketing act violation -8- • Hello