Court system is fighting audit

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 City Attorney’s Office released a statement Monday afternoon saying the office will take several weeks to determine a course of action and consider the possible need for litigation.

The court system has hired outside counsel.

A representative for the court system could not immediately be reached for comment Monday afternoon.

“The courts have had notice of this planned audit since October 2016, and now the delays are impeding our ability to conduct this audit,” Deputy Auditor Valerie Walling said in a written statement. “The Denver Charter and Revised Municipal Code require the auditor to conduct financial and performance audits. Denver law further grants the Auditor’s Office access to city records, officers, employees and property to perform audit duties.”

O’Brien says the county courts system receives $24 million annually from Denver’s general fund and collects more than $23 million in annual revenue for the city. The Denver County Court bench is appointed by the city’s mayor, and the Denver City Council sets county judges’ salaries.

O’Brien said he doesn’t want to disrupt the courts, but that he wants to “ensure my office has the unfettered access to audit the entire city as granted by law.”