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2024 Op. Colo. Att'y Gen. 1 (2024)

handle is hein.sag/sagco2024 and id is 1 raw text is: PHIL WEISER Attorney General NATALIE HANLON LEH Chief Deputy Attorney General SHANNON STEVENSON Solicitor General TANJA WHEELER Associate Chief Deputy Attorney General STATE OF COLORADO DEPARTMENT OF LAW RALPH L. CARR COLORADO JUDICIAL CENTER 1300 Broadway, 10th Floor Denver, Colorado 80203 Phone (720) 508-6000 Office of the Attorney General FORMAL ) OPINION ) ) No. 24-001 of ) ) 3/19/2024 PHILIP J. WEISER ) Attorney General ) Philip J. Weiser, Attorney General of the State of Colorado, as chief legal representative for the State, issues this Formal Opinion sua sponte pursuant to his authority under § 24-31-101(1)(a) & (d), C.R.S. (2023), following a request from the Speaker of the Colorado House of Representatives. QUESTIONS PRESENTED AND SHORT ANSWERS Question Presented. (1) When an impeachment comes before the House of Representatives pursuant to Article XIII of the Colorado Constitution: what legal frameworks, statutes, or case law govern the impeachment process by the House of Representatives; and what grounds exist under the law for a state or judicial officer to be impeached, tried, and removed from office? Short Answer. (1) No Colorado law or rule provides express procedural requirements for consideration of an impeachment proceeding by the House of Representatives. To date, however, impeachment proceedings in the House of Representatives have begun with a House resolution. As with all House resolutions, a resolution calling for impeachment of a state officer is subject to Rule 26 of the Rules of the House of Representatives. The Colorado Constitution provides that a state or judicial officer may be impeached, tried, and removed from office for having committed high crimes or misdemeanors or malfeasance in office. Malfeasance in office occurs when: (1) an officer willfully engages in a wholly wrongful and

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