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COLORADO BD. OF ACCOUNTANCY v. ZBR

No. 96SC579.

960 P.2d 102 (1998)

The COLORADO STATE BOARD OF ACCOUNTANCY, Petitioner, v. ZAVERAL BOOSALIS RAISCH, a registered certified public accounting firm, Respondent.

Supreme Court of Colorado, En Banc.

May 26, 1998.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Merrill Shields, Deputy Attorney General, Linda A. Siderius, First Assistant Attorney General, Victoria R. Mandell, Assistant Attorney General, Regulatory Law Section, Denver, for Petitioner.

Isaacson Rosenbaum Woods & Levy, P.C., Sheldon E. Friedman, McKenna & Cuneo, L.L.P., Scott S. Evans, Denver, for Respondent.

Kevin O. O'Brien, Boulder, for Amicus Curiae American Civil Liberties Union Foundation of Colorado, Inc.

Rothgerber, Appel, Powers & Johnson, LLP, Frederick J. Baumann, JoAnn L. Vogt, Denver, for Amicus Curiae American Institute of Certified Public Accountants.

Allen & Pinnix, P.A., Noel L. Allen, Raleigh, for Amicus Curiae National Association of State Boards of Accountancy.

Justice HOBBS delivered the Opinion of the Court.

The Colorado State Board of Accountancy (Board) appeals from a decision by the court of appeals allowing the accounting firm of Zaveral Boosalis Raisch (ZBR) to use the accountant-client privilege, see § 13-90-107(1)(f)(I), 5 C.R.S. (1997), to refuse compliance, absent the client's consent, with a subpoena issued by the Board. The Denver District Court interpreted exercise of the Board's subpoena power...

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