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JOHNS v. MILLER

No. 77-722.

594 P.2d 590 (1979)

Doyle T. JOHNS, Jr., Individually, and as the duly elected and qualified District Attorney for the Thirteenth Judicial District, State of Colorado, and the People of the State of Colorado ex rel. Doyle T. Johns, Jr., Plaintiffs-Appellants, v. Leland H. MILLER, G. Ralph Thompson and Harold Colglazier, Individually, and as the Board of County Commissioners of the County of Phillips, State of Colorado, James R. Leh, John E. Gazdik, and C. N. Williams, Individually, and as the Board of County Commissioners of the County of Logan, State of Colorado, William M. Work, Donald Queen and Melvin Akers, Individually, and as the Board of County Commissioners of the County of Morgan, State of Colorado, Stanley Shafer, William McCoy, and Harvey Pletcher, Individually, and as the Board of County Commissioners of the County of Yuma, State of Colorado, the Board of County Commissioners of the County of Sedgwick, State of Colorado, the Board of County Commissioners of the County of Kit Carson, State of Colorado, and the Board of County Commissioners of the County of Washington, State of Colorado, Defendants-Appellees and Cross-Appellants.

Colorado Court of Appeals, Division II.

Rehearing Denied March 1, 1979.

Certiorari Denied May 7, 1979.

Attorney(s) appearing for the Case

Doyle T. Johns, Jr., Dist. Atty., Fort Morgan, for plaintiffs-appellants.

Randalle C. Stephenson, Yuma County Atty., Wray, Richard D. Thomas, County Atty., Burlington, George M. Reddin, Fort Morgan, Robert B. Smith, County Atty., Sterling, John J. Vandemoer, County Atty., Julesburg, William B. Paynter, Jr., County Atty., Akron, for defendants-appellees and cross-appellants.

Stephen G. Campbell, Andrew A. Vogt, Denver, for Colorado Dist. Attys. Ass'n amicus curiae.

KELLY, Judge.

Doyle T. Johns, Jr., District Attorney for the Thirteenth Judicial District, consisting of Phillips, Logan, Morgan, Yuma, Sedgwick, Kit Carson, and Washington Counties, brought an action against the Boards of County Commissioners of the counties within the district. Johns sought to compel the Boards to increase the district attorney's salary from the statutory minimum of $29,000 per annum to $37,000 per annum, to provide funds for the purchase of an...

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