Statute text
As used in this article, unless the context otherwise requires:
(1) "Executive authority" includes the governor and any person performing the function of governor in a state other than this state.
(2) "Governor" includes any person performing the functions of governor by authority of the law of this state.
(3) "State", referring to a state other than this state, includes any other state or territory, organized or unorganized, of the United States.
History
Source: L. 53: p. 314, 1. CSA: C. 72, 46. CRS 53: 60-1-1. C.R.S. 1963: 60-1-1.
Annotations
ANNOTATION
Annotations
Delegation of governor's authority. Because this section defines "governor" to include persons authorized to perform the functions of governor, the governor may delegate his authority to review and sign extradition documents. Macurdy v. Leach, 662 P.2d 166 (Colo. 1983).
Delegation of governor's executive authority not forbidden. Neither the state nor federal law (18 U.S.C. 3182 (1976)) forbids delegation of the governor's executive authority to employees in his office and assistant attorneys general. Whittington v. Bray, 200 Colo. 17, 612 P.2d 72 (1980).
And exercise of powers delegated by governor is "executive authority". The governor of Colorado is the chief executive officer of Colorado, and, when he properly delegates power, the exercise of that power is action of the "executive authority". Whittington v. Bray, 623 F.2d 681 (10th Cir. 1980).
It is not proper for judiciary to tell governor how to delegate his authority in extradition matters. Whittington v. Bray, 200 Colo. 17, 612 P.2d 72 (1980).
Authentication of executive authority required. The only authentication required by 16-19-104 is an authentication by the executive authority of the demanding state. Clark v. Leach, 200 Colo. 151, 612 P.2d 1130 (1980).
Applied in Jaques v. Bray, 645 P.2d 22 (Colo. 1982); Hershberger v. Black, 645 P.2d 279 (1982).