The board of county commissioners of each county of the state, when the interests of the county require it, may employ an attorney, but the person appointed shall be a member of the bar of the supreme court of this state and at least twenty-five years of age. The board may also, when the business of the county requires it, appoint a county collector, whose duty it is to collect license moneys and other special dues of said county; such collector shall receive such compensation as may be allowed by the board of county commissioners.
Source: G.L. § 565. G.S. § 558. L. 1887: p. 243, § 3. R.S. 08: § 1241. C.L. § 8717. CSA: C. 45, § 64. CRS 53: § 36-1-18. C.R.S. 1963: § 36-1-18.
ANNOTATION
The commissioners are the judges of when the interests of a county require the employment of an attorney, and until it is made to appear that their judgment in this respect has been exercised unlawfully and corruptly, it will not be interfered with by the courts. Roberts v. People, 9 Colo. 458, 13 P. 630 (1886); Hurd v. Hamill, 10 Colo. 174, 14 P. 126 (1887); Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).
A county attorney is employed primarily as the legal advisor of the county commissioners in whose discretion reposes the power of appointment. Medberry v. People, 107 Colo. 15, 108 P.2d 243 (1940).
In certain matters he advises other county administrative officers and appears for the county in cases involving dependent, neglected and delinquent children, in lunacy inquest and, when directed by the county commissioners, in civil litigation to which the county is a party or in which it is interested. Medberry v. People, 107 Colo. 15, 108 P.2d 243 (1940).
No recovery for unauthorized services. It has been held that a county attorney should not be allowed to recover for services rendered to county officials other than the board of county commissioners, unless such other officials are first authorized by the commissioners to employ or consult an attorney. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).
However, the services of an attorney for the county being necessary, his employment by a majority of the board, without meeting, may be afterwards ratified at a meeting duly held. Morris v. Bd. of Comm'rs, 25 Colo. App. 416, 139 P. 582 (1914).
He has no part whatsoever in the initiation or conduct of ordinary criminal proceedings which, in Colorado, are prosecuted by the district attorney in the name of the people of the state and not of the county. Medberry v. People, 107 Colo. 15, 108 P.2d 243 (1940).
And the interest of the county in the expense incident to a criminal proceeding is not such that will disqualify a county attorney from defending one charged with crime and he is not chargeable with unethical conduct, and in defending the accused at least where the county has no interest beyond that ordinarily attaining, a county attorney does not represent conflicting interests nor serve two masters. Medberry v. People, 107 Colo. 15, 108 P.2d 243 (1940).