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Most courts interpreting Colo. RPC 4.2 or its predecessor, DR 7-104(A)(1), have reached the
conclusion that a lawyer’s actions as described above are “authorized by law.” For example, in

United States v. Ryans, the Tenth Circuit held that the use of an informant, on instructions from
the prosecutor, to surreptitiously record incriminating conversations with suspects who had
retained counsel, but who had not been either arrested or indicted, did not violate DR 7-
104(A)(1). Ryans, 903 F.2d at 740. See also United States v. Balter, 91 F.3d 427, 436 (3d Cir.

1996); United States v. Powe, 9 F.3d 68, 69 (9th Cir. 1993); Sutton, 801 F.2d at 1366; Fitterer,
710 F.2d at 1333.
The rationale for the court’s conclusion in Ryans and in similar cases is that prosecutors, by
the very nature of the office they hold, are required to investigate possible criminal conduct and,

thus, their actions in directing or supervising such investigations are “author-ized by law.”
Ryans, 903 F.2d at 738.
A district attorney is a member of the Executive Branch of government and is obligated to
perform duties as are provided by law. Colo. Const. art. VI, § 13; People v. District Court, 767

P.2d 239, 241 (Colo. 1989); Beacom v. Board of County Comm’rs, 657 P.2d 440, 445 (Colo.
1983); People v. District Court, 186 Colo. 335, 338, 527 P.2d 50, 52 (1974). A district attorney
has the power to investigate and determine who should be prosecuted. People v. Schwartz, 678

P.2d 1000, 1007-08 (Colo. 1984); People v. District Court, 632 P.2d 1022, 1024 (Colo. 1981).
Statutorily, district attorneys are required to appear on behalf of the state, counties, or judicial
districts, CRS § 20-1-102(1), to employ necessary investigators, CRS § 20-1-209, and to render
advice to law enforcement officers concerning preparation and review of affidavits for search

warrants, CRS § 20-1-106.1.
District attorneys are classified as peace officers and are empowered to enforce state laws
while acting within the scope of their authority and in the performance of their duties. CRS § 16-
2.5-132. By way of example, district attorneys not only prosecute violations of law, they are also

required to assist grand juries in their investigations, CRS § 20-1-106; conduct investigations
into organized crime, CRS § 18-17-107; and investigate consumer fraud, CRS § 6-1-107.
Federal prosecutors also have statutory or similar authority to prosecute federal crimes, see 28
USC § 547, and to participate in federal criminal investigations, see Fed.R.Crim.P. 6.

On previous occasions, we have defined what “authorized by law” means in other areas of
professional conduct. See CBA Formal Ethics Op. 69 (2010 Revision);4 CBA Formal Ethics Op.
93. The Colorado Supreme Court has offered guidance as to what “authorized by law” means as

applied to public servants. In People v. Buckallew, 848 P.2d 904, 908 (Colo. 1993), the Court
stated: