The State of Colorado corporation Constitution says:
Quote:
Section 8. Oath of civil officers. Every civil officer, except members of the general assembly and such inferior officers as may be by law exempted, shall, before he enters upon the duties of his office, take and subscribe an oath or affirmation to support the constitution of the United States and of the state of Colorado, and to faithfully perform the duties of the office upon which he shall be about to enter.
Section 9. Oaths - where filed. Officers of the executive department and judges of the supreme and district courts, and district attorneys, shall file their oaths of office with the secretary of state; every other officer shall file his oath of office with the county clerk of the county wherein he shall have been elected.
Section 10. Refusal to qualify - vacancy. If any person elected or appointed to any office shall refuse or neglect to qualify therein within the time prescribed by law, such office shall be deemed vacant.
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First off I found John Suthers' oath of office as district attorney filed in El Paso county (Colorado Springs) for him being District Attorney back in 1995. He had failed to file that oath with the Secretary of State though. He quit the next day after I filed that Certificate of Fact with into the case record. And of course that quickly rendered all trials prosecuted by him over eight years null and void so everything went pretty quiet. The press wondered why he was suddenly resigning but he would not answer.
Fast forward three jobs to Attorney General. One intrepid suitor in trouble - whom I drafted the Order and Decree above for went to the Secretary of State's office for Suthers' oath or a certificate of fact otherwise. They refused to issue a Certificate of Fact that Suthers' had filed no oath because they were afraid he would be mad if they did. The suitor said he would be back the next day. On his way back to the Springs from Denver he got a call saying John Suthers had faxed an oath of office over but it was not filed and therefore they could not provide certified copies. I guess they were hoping he would not come back the next day?
When he returned the next day with the Mission Statement for the SoS he got this:
http://Friends-n-Family-Research.inf...9;_AG_oath.jpg
Now the lawful time stipulated for John to file this oath was thirty (30) days, not ninety. So the office of Attorney General is by the Colorado constitution vacant. The only prosecutions that may issue are by
consent (or acquiescence) of all parties to the civil action in admiralty where penalties for failure to perform (debtors' prison) can take the form of criminal penalties.
Regards,
David Merrill.