Ruybalid IV v. Board of County Commissioners of Las Animas County

Citations

• 2017 COA 113
• 444 P.3d 795

Syllabus

Disciplinary charges were filed against Ruybalid IV during his tenure as District Attorney for the Third Judicial District, located in Las Animas and Huerfano Counties (Counties). The Counties refused to assume Ruybalid's defense and he hired private counsel to represent him. Ruybalid eventually admitted to violations of the Colorado Rules of Professional Conduct. After resolving the disciplinary action, Ruybalid filed a complaint for declaratory relief for his attorney fees and other costs incurred in the disciplinary proceeding. The district court concluded that Ruybalid stated neither a statutory nor an equitable claim for relief, and it dismissed the complaint. On appeal, Ruybalid's primary contention was that he is statutorily entitled to attorney fees and costs under CRS § 20-1-303 and the district court erred in concluding otherwise. CRS § 20-1-303 states that a district attorney \shall be allowed to collect and receive from each of the counties in his district the expenses necessarily incurred in the discharge of his official duties for the benefit of such county.\ Because the statute does not explicitly authorize awarding parties to a legal proceeding attorney fees and costs, it does not create an exception to the long-established presumption that parties pay their own way. Ruybalid also argued that he should be reimbursed as a matter of public policy. The Court of Appeals did not consider the merits of this argument, concluding that matters of public policy are better addressed by the General Assembly. The Court also observed that Ruybalid's complaint did not state a plausible claim for relief it simply parroted the statutory language, asserting a legal conclusion without supporting factual allegations. Ruybalid also contended that the district court erred in dismissing his promissory estoppel claim. However, the allegations in the complaint failed to state a promissory estoppel claim. The judgment was affirmed.