Except as otherwise specifically provided, the district attorney of each judicial district in the state of Colorado, and each of his assistants and deputies, shall be allowed to collect and receive from each of the counties in his district the expenses necessarily incurred in the discharge of his official duties for the benefit of such county.
Source: L. 07: p. 371, § 1. R.S. 08: § 2107. C.L. § 5992. CSA: C. 55, § 20. CRS 53: § 45-2-5. C.R.S. 1963: § 45-2-5.
ANNOTATION
This section relates generally to expenses necessarily incurred by the district attorney, his assistant, and deputies, in the discharge of official duties. Trowbridge v. Bd. of Comm'rs, 57 Colo. 106, 140 P. 195 (1914).
Expenses arising from a lawsuit based on conduct of the district attorney within performance of his duties and scope of his employment are contemplated by this section. Colo. Counties Cas. & Prop. Pool v. Bd. of County Comm'rs, 51 P.3d 1100 (Colo. App. 2002).
Attorney fees and costs incurred by a district attorney defending against professional misconduct charges, when the ethical violations were committed recklessly or knowingly, are not "expenses necessarily incurred in the discharge of his official duties for the benefit of such county". Ruybalid v. Bd. of County Comm'rs Las Animas County, 2019 CO 49, 442 P.3d 423.
Judicial notice is taken that the aid of a stenographer is indispensable to the efficient discharge of duties like those of the district attorney. Bd. of Comm'rs v. Walker, 66 Colo. 312, 181 P. 195 (1919).
Expert witnesses may recover for their services. Expert witnesses whose services are procured by the district attorney and utilized in the prosecution of a criminal case were held entitled to recover the reasonable value thereof from the county under the provisions of this section. Crane v. Bd. of County Comm'rs, 80 Colo. 230, 250 P. 388 (1926).
Applied in Beacom v. Bd. of County Comm'rs, 657 P.2d 440 (Colo. 1983).