The Denver Post: Denver Auditor Timothy O’Brien says the Denver County court system is refusing to be audited by his office and that he wants to seek a ruling in state court to compel the system to produce documents and grant access to personnel.

According to the auditor’s office, O’Brien and his staff met with Denver County Courts President Judge Theresa Spahn in June to begin the audit process, at which time no objection to the audit was made. But after months of delays and failing to cooperate, the auditor’s office said, the court system told the auditor’s office its prior cooperation was voluntary.

Counsel for the court system, according to the auditor’s office, said: “The Denver County Court is a separate branch of government, and the (city) charter does not state that the Auditor’s Office has authority over the Denver County Court.”

But O’Brien is claiming the opposite.

“The city charter states the auditor shall conduct financial and performance audits of the city and county,” O’Brien said in a written statement. “The courts are undeniably part of the city and county.”

O’Brien has asked the Denver City Attorney to represent his office in its legal efforts to compel the county’s court system to comply. The court system has hired outside counsel.

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