(1) Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office:
The death of the incumbent;
The resignation of the incumbent;
The removal of the incumbent;
The incumbent's ceasing to be an inhabitant of the county for which he was electedor appointed;
The incumbent's refusal or neglect to take an oath or affirmation in accordance withsection 24-12-101, to give or renew his or her official bond, or to deposit such bond within the time prescribed by law;
The decision of a competent tribunal declaring void his election or appointment;
The incumbent is declared incapacitated in the manner provided in subsection (4) ofthis section.
Repealed.
In the event a county officer is found guilty of any felony or infamous crime by acourt or jury, the board of county commissioners shall immediately suspend such county officer from office without pay until his conviction is final and he has exhausted, or by failure to assert them has waived, all rights to new trial and all rights of appeal. At the time such officer's conviction is final and he has exhausted, or by failure to assert them has waived, all rights to appeal and new trial, the said board shall remove such officer from office and his successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified and said successor, whether so appointed or elected, shall be the duly constituted officer.
Should the officer suspended from office by the board of county commissioners asprovided in this section be found not guilty in a state or federal court either on appeal, original trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, unless during such period of suspension a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified.
(a) Any county officer shall be declared incapacitated when there is a judicial determination that he is unable to routinely and fully carry out the responsibilities of his office by virtue of mental or physical illness or disability and he has been so unable for a continuous period of not less than six months immediately preceding the finding of incapacity. The quantum of proof required, the procedures to be followed, and the rights reserved to the subject of any determination of incapacity under this subsection (4) shall be those specified for the appointment of guardians in part 3 of article 14 of title 15, C.R.S., to the extent applicable.
A proceeding to determine incapacity under this subsection (4) shall be commencedin the district court by a majority of the board of county commissioners. With respect to a county commissioner, proceedings shall be commenced when said commissioner fails to attend any regular meeting of the board of county commissioners for a period of six months. With respect to any county officer other than a county commissioner, proceedings shall be commenced when such officer fails to report to his office or other regular place of business for a period of six months.
In any county having a population of less than one hundred thousand, the countyshall be represented in the district court by the district attorney or by a qualified attorney acting for the district attorney who is appointed by the district court for that purpose. In any county having a population of one hundred thousand or more, the county shall be represented by the county attorney or a qualified attorney acting for the county attorney who is appointed by the district court for that purpose.
Source: G.L. § 561. G.S. § 661. R.S. 08: § 1359. C.L. § 8836. CSA: C. 45, § 183. CRS 53: § 35-1-5. L. 57: p. 308, § 1. C.R.S. 1963: § 35-1-5. L. 89: (1)(g) and (4) added, p. 1277, §§ 1, 2, effective March 9. L. 90: (1)(h) added, p. 1445, § 2, effective April 5; (1)(h) repealed, p. 1847, § 43, effective May 31. L. 2000: (4)(a) amended, p. 1835, § 15, effective January 1, 2001. L. 2018: (1)(e) amended, (HB 18-1138), ch. 88, p. 696, § 20, effective August 8.
Cross references: For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.