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J.S. v. CHAMBERS

No. 09CA1396.

226 P.3d 1193 (2009)

J.S., an individual, Petitioner-Appellee, v. Carol CHAMBERS, District Attorney, Eighteenth Judicial District, Respondent-Appellant.

Colorado Court of Appeals, Div. A.

As Modified on Denial of Rehearing October 22, 2009.

Attorney(s) appearing for the Case

Hutchinson Black and Cook, LLC, Baine P. Kerr, Boulder, Colorado, for Petitioner-Appellee.

Carol Chambers, District Attorney, Andrew Cooper, Senior Deputy District Attorney, Centennial, Colorado, for Respondent-Appellant.

John W. Suthers, Attorney General, Daniel D. Domenico, Solicitor General, Catherine P. Adkisson, Assistant Solicitor General, Denver, Colorado, for Amicus Curiae the State of Colorado.

Molly Chilson, Deputy District Attorney, Salida, Colorado; Ted C. Tow III, Denver, Colorado, for Amicus Curiae Colorado District Attorneys' Council.

Opinion by Judge WEBB.

Although a district attorney has broad discretion in determining what offenses to prosecute, by statute a judge may either order the district attorney to prosecute a case or appoint a special prosecutor to do so, upon finding that the refusal to prosecute was "arbitrary or capricious and without reasonable excuse." § 16-5-209, C.R.S.2008. Here, because we conclude that this high standard has not been met by clear and convincing evidence...

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