Supreme Court of Colorado
In Re Kandice Raven, Jane Gallentine, Taliyah Murphy, Amber Miller, Megan Gulley, Lavenya Karpierz, and Cupcake…
February 1, 2021479 P.3d 918
Summary
The court held that an original proceeding was appropriate because the Governor's asserted error would become effectively unreviewable after discovery and trial. It further held that the Governor, in his official capacity, is a proper defendant in a suit challenging the implementation of state law by an executive agency under his control, even when the agency and its employees are also named. The court concluded that its earlier decision did not change that longstanding rule and discharged the rule to show cause.