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KORT v. HUFNAGEL

No. 85SA100.

729 P.2d 370 (1986)

Dr. Haydee KORT, Superintendent of the Colorado State Hospital and Employees of the Colorado State Hospital, Petitioners-Appellants, v. Honorable Lynne F. HUFNAGEL, District Judge, District Court in and for the City and County of Denver, and Honorable Thomas C. Levi, District Judge, District Court in and for the County of Arapahoe, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

December 15, 1986.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Carolyn Lievers, Asst. Atty. Gen., Denver, for petitioners-appellants.

Norman S. Early, Jr., Dist. Atty., Second Judicial Dist., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for respondent-appellee Hufnagel.

Robert R. Gallagher, Jr., Dist. Atty., Eighteenth Judicial Dist., James C. Sell, Chief Deputy Dist. Atty., Littleton, for respondent-appellee Levi.

VOLLACK, Justice.

In this consolidated appeal, we are asked to determine whether a district court may issue an order which prohibits the transfer of a defendant, who is in the custody of the Department of Institutions, to any setting other than a maximum security setting within the Colorado State Hospital. We hold that such an order violates constitutional separation of powers and was issued without subject matter jurisdiction. Therefore, we reverse.

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